carrier independent contractor agreement

CARRIERS customers trailers, other equipment of CARRIERS or the equipment of any other CARRIER; provided, however, that INDEPENDENT CONTRACTOR shall be responsible for the entire amount of any such loss or damage to any topped trailer or if the incident is cause, in whole or in part, by the willful or intentional acts or omissions of INDEPENDENT CONTRACTOR or its driver. ( b) The leasing of equipment to motor private carrier or shippers. above, in time for CARRlERs computation, on the seventh (7th) day of each month, of CARRIERs fuel and mileage tax reports and payments for the preceding month, CARRIER shall compute CONTRACTORs fuel use taxes based on total miles dispatched by CARRIER at a six (6.0) miles-per-gallon rate. For purposes of calculating the balance of the escrow fund on which interest must be paid, the carrier may deduct a sum equal to the average advance made to the individual lessor during the period of time for which interest is paid. Generally speaking, truck drivers are hired to transport goods from one facility to another or from a seller to a buyer. INDEPENDENT CONTRACTOR further agrees to keep the equipment in clean appearance and identified as described herein, at its sole cost an expense. CARRIER may immediately terminate this contract with INDEPENDENT CONTRACTOR if a violation of this provision occurs. INDEPENDENT CONTRACTOR shall obtain prior approval before undertaking any repair or maintenance work on any trailer provided for use by CARRIER. Truck Driver Independent Contractor Agreement | PDF | Word As required by law, CARRIER agrees to file information tax returns (form 1099) on behalf of INDEPENDENT CONTRACTOR if INDEPENDENT CONTRACTOR is paid more than the statutory amount in compensation during the calendar year. Carrier Agreement: Definition & Sample - Contract Lawyers The lease shall further specify that the authorized carrier must provide the lessor with a written explanation and itemization of any deductions for cargo or property damage made from any compensation of money owed to the lessor. CARRIER shall charge back to INDEPENDENT CONTRACTOR at time of payment or settlement, all expenses set forth in Appendix B, and all other additional expenses that CARRIER has borne that, under this Agreement, INDEPENDENT CONTRACTOR is obligated to bear. ensure that CONTRACTOR receives, at least quarterly, summaries of credits and debits for fuel taxes on a State-by-State basis either on CONTRACTORs settlement statements or through separate accountings, at CARRIERs option. If, in CARRIERs judgment, CONTRACTOR has subjected CARRIER to liability because of CONTRACTORs acts or omissions, CARRIER may take possession of the shipment entrusted to CONTRACTOR and complete performance. INDEPENDENT CONTRACTOR shall be responsible for maintaining, and shall maintain the equipment in safe condition and in complete compliance with all laws and regulations of the states in which INDEPENDENT CONTRACTOR operates. (a) Parties. An independent contractor relationship may exist when a carrier lessee complies with 49 U.S.C. Exclusive Possession and Responsibility. This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective successors. OneClick Transportation LLC (CARRIER), an authorized motor carrier, and ____________________________ (CONTRACTOR), in consideration of the covenants and agreements contained herein and pursuant to the federal leasing regulations under 49 C.F.R. The amount to be paid may be expressed as a percentage of gross revenue, a flat rate per mile, a variable rate depending on the direction traveled or the type of commodity transported, or by any other method of compensation mutually agreed upon by the parties to the lease. What's the Difference Between an Owner/Operator and an Independent g 396.17, at CARRlERs maintenance facility or at another maintenance facility which CARRIER may, in its sole discretion, authorize. Courier/Independent Contractor Careers. During the time set forth in paragraph 2, INDEPENDENT CONTRACTOR shall provide CARRIER transportation related services and equipment set forth below. INDEPENDENT CONTRACTOR shall immediately report all cargo claims, including all shortages, overages or other, exceptions the cargo, to CARRIER. The lease shall clearly specify all items that may be initially paid for by the authorized carrier, but ultimately deducted from the lessor's compensation at the time of payment or settlement, together with a recitation as to how the amount of each item is to be computed. INDEPENDENT CONTRACTOR agrees to defend, indemnifying and hold harmless CARRIER from any direct, indirect consequential loss, damaged, fine, expense, including reasonable attorneys fees, action, claim for injury to persons, including death, and damage to property which CARRIER may incur arising out of or in connection with INDEPENDENT CONTRACTORS obligations under this agreement or breach thereof. To ensure compliance with such laws and regulations, all drivers will be required to submit to a pre-qualified medical examination and alcohol and or drug test by CARRIERS physician, the cost of which shall be borne by INDEPENDENT CONTRACTOR and shall be an authorized deduction as outlined in Appendix B. May a motor carrier that employs owner-operators who have their own Unless INDEPENDENT CONTRACTOR provides items listed below, CARRIER may, but is under no obligation to, initially pay for and later charge back to INDEPENDENT CONTRACTOR and/or deduct form any compensation owed to INDEPENDENT CONTRACTOR and/or reserve funds immediately at time of settlement, any of the following: license registration fees, mud flaps, flags, fuses, reflectors, lights, light bulbs, citations, repairs, cash advances, cargo claims, accident claims, insurance, tires, telephones, towing charges, and other repairs or maintenance for INDEPENDENT CONTRACTORS equipment. Official websites use .govA .gov website belongs to an official government organization in the United States. Year round work. At the time of the return of the escrow fund, the authorized carrier may deduct monies for those obligations incurred by the lessor which have been previously specified in the lease, and shall provide a final accounting to the lessor of all such final deductions made to the escrow fund. At the sole discretion of CARRIER, CARRIER may pay INDEPENDENT CONTRACTOR an advance of INDEPENDENT CONTRACTORS compensation in the amount of Twenty-Five percent (25%) of gross compensation due INDEPENDENT CONTRACTOR at time of request. CONTRACTOR agrees it will only accept those shipments for which it can reasonably meet scheduled pick-up and delivery dates and/or times as established by CARRIER's Customers. The interest rate shall be established on the date the interest period begins and shall be at least equal to the average yield or equivalent coupon issue yield on 91-day, 13-week Treasury bills as established in the weekly auction by the Department of Treasury. Except when the violation results from the acts or omissions of INDEPENDENT CONTRACTOR. INDEPENDENT CONTRACTOR, CARRIER shall assume the risks and costs of fines for overweight and over sized trailers when such trailers are per-loaded and sealed, or the load is containerized, or for improperly permitted over dimension and overweight loads, or the trailer or lading is otherwise outside of INDEPENDENT CONTRACTORS control. The documentation required before the lessor can receive payment is limited to log books required by the Department of Transportation and those documents necessary for the authorized carrier to secure payment from the shipper. iv. INDEPENDENT CONTRACTOR shall carry a copy this agreement in the equipment all times and file with CARRIER on a timely basis, all log sheets, inspection sheets in supporting documents (including original toll receipts for CARRIER for mileage tax purposes), physical examination certificates, tax and reports, and any other required data, documents, or reports. In this situation, the authorized carrier is obligated to ensure that these owners receive all the rights and benefits due an owner under the leasing regulations, especially those set forth in paragraphs (d)-(k) of this section. The lease shall further specify who is responsible for providing any other insurance coverage for the operation of the leased equipment, such as bobtail insurance. North of Boston Media Group 4.0. In the event of a breach, the non- breaching party may elect to terminate the Agreement by giving immediate oral, followed by written, notice of termination to the offending party. The required lease provisions shall be adhered to and performed by the authorized carrier. INDEPENDENT CONTRACTOR agrees that in the event it is necessary for CARRIER to enter upon private property and/or remove private property in order to recover its trailer or property, INDEPENDENT CONTRACTOR does herby irrevocably grant CARRIER or its duly authorized agents, permission to do so and further agrees to hold harmless CARRIER, or its duly authorized agents, from any form of liability whatsoever in connection with such repossession. CARRIER. Pursuant to prohibitions under governmental regulations, INDEPENDENT CONTRACTOR agrees not to transport or allow being transported any unauthorized person or persons in the Equipment while in operation in the performance of the Agreement. The percentages of accessorial charges, including Tractor Detention, Deadhead Flat Amount, Detention at Loading, Detention at Consignee, Layover, Loading/Unloading Charges, NYC Surcharge, Out of Route Miles, Redelivery, Returned Load, Spot Rate, Stop Off Fees, Truck Ordered Not used, and Toils shall be paid to CONTRACTOR based upon the same percentage of AGR listed above. Independent Contractors. Provided, however, that INDEPENDENT CONTRACTOR shall be responsible for the entire claim if the claim is caused, in whole or in part, by the willful or intentional acts or omissions of INDEPENDENT CONTRACTOR or its driver. CONTRACTOR hereby requests CARRIER, through its insurer, to facilitate on CONTRACTORs behalf (if they are available) the insurance coverages CONTRACTOR has selected by placing CONTRACTORs initials in the right-hand column below: As authorized by Paragraph 9 of the Agreement, CARRIER shall establish and administer an escrow fund, which CONTRACTOR and CARRIER agree shall be governed by the following terms and conditions (the Escrow Fund): Pursuant to Regulatory Guidance Concerning Electronic Signatures and Documents, 76 Fed. In addition, during the term of this Agreement and for a period of one (I) year after its termination, INDEPENDENT CONTRACTOR agrees not to solicit, employ or entice any employees of CARRIER or contractors under contract to CARRIER from their relationship with CARRIER. CARRIER shall identify the equipment in accordance with the requirements of the Department of Transportation and appropriate state regulatory agencies. Statutes & Constitution :View Statutes : Online Sunshine These times or circumstances shall coincide with the times for the giving of receipts required by 376.11(b). PDF INDEPENDENT CONTRACTOR AGREEMENT - The Judicial Branch of Arizona in CONTRACTOR shall, upon the termination of this Agreement, remove all CARRIER identification from the Equipment and return it to CARRIER, via hand delivery or certified mail, together with all of CARRIER's property, including trailers, paperwork, load securement equipment and freight, to CARRIER's nearest terminal. Subject to the provisions of paragraph 2, this Agreement may be terminated for any reason by giving thirty (30) day written notice to that effect to the other party either personally, by mail, or by fax machine at the address or fax number shown at the end of this Agreement. The parties agree that CARRIER shall have the right to disqualify any driver provided by CONTRACTOR in the event that the driver is found to be unsafe, unqualified, unfit, uninsurable, or marginal, pursuant to federal or state law or the criteria established by the FMCSA DIRS, in violation of CARRlERs minimum qualification standards, or in violation of any policies of CARRlERs customers. Escrow Fund. CONTRACTOR hereby waives any objection to any charge back item unless CONTRACTOR notifies CARRIER in writing of CONTRACTORs disagreement with such charge back within thirty (30) days of the charge back. Accessorial Service Charges shall not be paid by CARRIER until approved by customer. CARRIER will use caution in installation of ELD, but will not be responsible for damage to contractors truck. An official website of the United States government Here's how you know. Trucking Independent Contractors Operating Agreements & State This Agreement shall begin on the date indicated on the signature page and shall remain in effect for a period of not less than 30 days from that date, but may be terminated in accordance with the provisions of paragraph 4; provided, however, that this agreement may be terminated at any time in accordance with the provisions of paragraph 8. These men and women have their own operating authority and find their own freight through whatever legal means works best. INDEPENDENT CONTRACTOR, at CARRIERS cost expense shall allow CARRIER or any of CARRIERS authorized agents to remove such identification at the termination of this agreement or while operating such equipment for any purpose other than conducting CARRIERS business. Payment for Damage to or loss of cargo up to $2,500.00 per incident (as an insurance deductible). (2) The specific items to which the escrow fund can be applied. All such advances will be charged back to INDEPENDENT CONTRACTOR at cost of 2% of gross compensation, pursuant to Paragraph II of this Agreement. Job satisfaction. $60.00 for pre-employment drug test, [advanced_iframe use_shortcode_attributes_only=true src=//www.volcanotransport.com/forms/embed.php?id=12056 width=100% height=1024px id=advanced_iframe hide_page_until_loaded=true show_iframe_loader=true enable_lazy_load=true enable_lazy_load_fadetime=1 enable_responsive_iframe=true multi_domain_enabled=true use_post_message=true ], Address: 415 W GOLF RD SUITE#58 Part 376, driver-vehicle inspection reports, and records of duty status. amount of _________________per settlement. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. In other words, the independent contractor provides the materials and labor, and is responsible for their cost. INDEPENDENT CONTRACTOR shall exercise all diligent efforts to conduct the operation under this agreement in such a manner as to assure continued customer satisfaction and specifically by (1) completing deliveries on-time; (2) loading and unloading at times requested by shipper; (3) delivering at the correct location; and (4) being courteous to both the shipper and consignee. CARRIER shall reimburse INDEPENDENT CONTRACTOR for all authorized scale expenses incurred by INDEPENDENT CONTRACTOR upon presentation of original scale tickets. ( a) The leasing of equipment with which to perform transportation regulated by the Secretary. The parties must sign the lease. The lease shall further provide that the authorized carrier lessee shall assume complete responsibility for the operation of the equipment for the duration of the lease. CONTRACTOR shall, as directed by CARRIER, forward to CARRIER all inspection, maintenance and repair records for the Equipment. (6) The conditions the lessor must fulfill in order to have the escrow fund returned. Independent contractors, however, may not own the truck they're driving, so if they're unhappy with the carrier company, they can leave but won't retain ownership of the truckthe carrier will. In the event INDEPENDENT CONTRACTOR for any reason fails to comply with this provision; INDEPENDENT CONTRACTOR agrees to reimburse CARRIER for all reasonable expense and costs incurred by CARRIER in recovery of its trailer or property from INDEPENDENT CONTRACTOR or its drivers. Carrier Owner Operator Contract. (b) Duration to be specific. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. ( c) The interchange of equipment between for-hire motor carriers in the performance of transportation regulated by the Secretary. INDEPENDENT CONTRACTOR agrees to reimburse CARRIER for any cost of renting the trailer in his behalf and cost of insurance based on monthly deductions from his paycheck. . Reg. CARRIER shall deduct or otherwise recover pursuant to Section 5 of this Agreement a flat charge of 75.00 per quarter, comprising the permit fees and CARRIERs tax reporting administrative fee. The motor carrier is, therefore, responsible for compliance with the FMCSRs by its driver employees, including those who are owner-operators. May a motor carrier that employs owner-operators who have their own operating authority issued by the ICC or the Surface Transportation Board transfer the responsibility for compliance with the FMCSRs to the owner-operators? CONTRACTOR will complete transportation of all shipments it accepts under this Agreement. Federal Motor Carrier Safety Administration, Regulatory Topic: Except when the violation results from the acts or omissions of CONTRACTOR, CARRIER shall assume the risks and costs of fines for overweight and oversize trailers when such trailers are preloaded and sealed, or the load is containerized, or for improperly permitted oversized and overweight loads, or the trailer or lading is otherwise outside of CONTRACTORs control. Drivers with a recent history of accidents, traffic convictions and/or serious traffic offenses will not meet CARRIERs minimum qualification standards. a certificate of workers' compensation insurance or a sole Independent Contractor Operating Agreement - The LegalPen Whether someone is an independent contractor under Section 212 is a fact-intensive inquiry based primarily on how work was performed. I. If the authorized carrier is authorized to receive a refund or a credit for base plates purchased by the lessor from, and issued in the name of, the authorized carrier, or if the base plates are authorized to be sold by the authorized carrier to another lessor the authorized carrier shall refund to the initial lessor on whose behalf the base plate was first obtained a prorated share of the amount received. If the authorized carrier will make a charge back to the lessor for any of this insurance, the lease shall specify the amount which will be charged-back to the lessor. In this event, CARRIER shall settle with CONTRACTOR monthly and submit quarterly, in CONTRACTORs name as indicated herein, as to all the applicable reports and payments of fuel taxes required of CONTRACTOR by the taxing bodies and authorities of the appropriate states, provinces, and other governmental bodies with respect to the Equipment operated under this Agreement. As part of the driver qualification process, CONTRACTOR, and CONTRACTORs drivers, shall authorize CARRIER to access applicable driver files, Pre- Qualification Screening Program (PSP) data from the DOT, and any other driver data or information available as part of FMCSA Driver Information Resource System (DIRS). 1. Independent Contractor Operating Agreement, CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT, UNFAIR PROPERTY/CASUALTY CLAIMS SETTLEMENT PRACTICES, HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY, All Maintenance expenses Purchased at OneClick Sales and Service, All maintenance expenses purchased on the road through OneClick and/or OneClick Sales and Service. lNSTALLATlON. Legal Writing Experts | Custom Legal Papers Address: 45 North Lawrence Circle Brooklyn, NY 11203 US. And in Trucking, of course, that means actually bringing a truck, and associated costs such . All rights reserved. (d) Compensation to be specified. Except when the violation results from the acts or omissions of the lessor, the authorized carrier lessee shall assume the risks and costs of fines for overweight and oversize trailers when the trailers are pre-loaded, sealed, or the load is containerized, or when the trailer or lading is otherwise outside of the lessor's control, and for improperly permitted overdimension and overweight loads and shall reimburse the lessor for any fines paid by the lessor. eCFR :: 49 CFR Part 376 -- Lease and Interchange of Vehicles CARRIER shall assume complete responsibility for the operation of the equipment for the duration of this agreement. The undersigned contractor (CONTRACTOR), under the OneClick Transportation, LLC, Independent Contractor Operating Agreement (the Agreement) entered into with ONECLICK TRANSPORTATION, LLC (CARRIER), and CARRIER agree, pursuant to Section 30 of the Agreement, to amend the Agreement by adding the following: CARRIER shall establish and administer a Voluntary Maintenance Escrow Fund, which CONTRACTOR and CARRIER agree shall be governed by the following terms and conditions: less than per settlement (Minimum Escrow Balance) in CONTRACTORs Voluntary Maintenance. (5) That while the escrow fund is under the control of the carrier, the carrier shall pay interest on the escrow fund on at least a quarterly basis. Driver's License. $50.00 for certification Create Document. ARLINGTON HEIGHTS, IL 60005-3377 Electronic Code of Federal Regulations (e-CFR), Subtitle B - Other Regulations Relating to Transportation, CHAPTER III - FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, SUBCHAPTER B - FEDERAL MOTOR CARRIER SAFETY REGULATIONS, PART 376 - LEASE AND INTERCHANGE OF VEHICLES. INDEPENDENT CONTRACTOR shall pay for any driver during each contract period as follows: A. CARRIER shall (A) deduct or otherwise recover pursuant to Section 5 of this Agreement quarterly any net fuel use tax owed at that time with respect to CONTRACTORs operations in all taxing jurisdictions combined, along with the charge, set forth in Appendix A, covering the permit fee and CARRIERs tax reporting administrative fee, but not any additional fuel tax that CONTRACTOR may owe, or (B) credit quarterly to CONTRACTORs next settlement any net fuel use tax credit or refund due CONTRACTOR at that time with respect to CONTRACTORs operations in all taxing jurisdictions combined. Independent Contractor Contracts (Still) Matter - Truck Law In such event, CONTRACTOR shall waive any recourse against CARRIER for such action and CONTRACTOR shall reimburse CARRIER for all direct or indirect costs, expenses, or damages, including court costs and reasonable attorneys fees, incurred by CARRIER as a result of CARRlERs taking possession of the shipment and completing performance. In the event of a breach and when practicable, written notice shall be served upon the breaching party, notifying such party of the breach and the termination of the Agreement and reason(s) therefore. INDEPENDENT CONTRACTOR or its drivers shall comply with CARRIERS drug alcohol policy, and any addenda or revisions thereto. The lease shall be made between the authorized carrier and the owner of the equipment. 2023 legalwritingexperts.com. The lease shall clearly specify which party is responsible for removing identification devices from the equipment upon the termination of the lease and when and how these devices, other than those painted directly on the equipment, will be returned to the carrier.
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