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Post by pothole on Apr 1, 2012 14:08:44 GMT -5
i find your forum very interesting .i just started hauling containers with my own truck after driving for another company six years. suppose a driver is charged for insurance but i already have my own? i bought bobtail when i bought truck but the company insist that they charge me for their policy. this is third week they have deducted from my check after i told them i had insurance. they informed me friday it is mandatory for them to take that out.
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Post by dieseljockey on Apr 1, 2012 16:26:58 GMT -5
i find your forum very interesting .i just started hauling containers with my own truck after driving for another company six years. suppose a driver is charged for insurance but i already have my own? i bought bobtail when i bought truck but the company insist that they charge me for their policy. this is third week they have deducted from my check after i told them i had insurance. they informed me friday it is mandatory for them to take that out. This company you work for is in violation of federal law. They cannot force you to purchase any insurance policy they have just as long as you provide them with a policy that names them and meets the type insurance required and money amount of coverage they require. In other words if they require $1,000,000 dollars coverage on a contractors bobtail policy that means as long as you meet those requirements they have to accept your bobtail insurance you have supplied them and cannot force you to purchase a policy specifically from their company to maintain your lease with them. If they don't return your money they deducted I would inform them you intend to take them into court where you can not only sue them for the return of your money but for damages such as missed work for being forced to bring needless litigation against them to recover your monies they took. |
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Post by ilovdieselsmoke on Apr 1, 2012 17:54:50 GMT -5
They're called federal "truth-n-leasing" regulations. Every driver should have a copy to familiarize them self with the laws protecting our rights as a lease/operator when we hire on to the motor carriers..
History of Leasing Regulation
Independent truckers (also known as owner-operators) usually own and operate one, or perhaps a few, trucks. Because of the small size of their operations, they may not seek their own operating authority, choosing instead to lease their equipment and services to a regulated carrier, transporting freight under the regulated carrier's operating authority. The owner-operator generally must cover most of the costs of operation and is usually paid either by receiving a pre-determined portion of the gross revenue or a fixed amount per mile.  The amount of compensation is determined by the parties to the leasing contract; FMCSA does not have authority to regulate compensation between the parties.
The Federal Government has regulated the leasing of motor vehicles to provide interstate for-hire transportation for more than 50 years. The U.S. Supreme Court held in 1953 that the ICC had authority to regulate these activities under its general powers even though the Interstate Commerce Act did not specifically grant such authority. In 1956, Congress enacted legislation expressly authorizing the ICC to impose certain requirements on the use of leased vehicles by for-hire motor carriers to provide interstate transportation. The motor carrier industry has since adopted long-standing leasing practices in accordance with these established ICC requirements. These requirements, which are now codified at 49 U.S.C. 14102(a), include the requirement of a written lease signed by both parties which specifies its duration and the compensation to be paid by the motor carrier. The leasing requirements do not apply to property brokers, who may not provide interstate transportation unless they are also registered with FMCSA as a motor carrier. Accordingly, any transportation provided by an entity having dual authority would be as a motor carrier, not a broker.
In response to serious financial problems affecting the nation's independent truckers, the ICC made significant revisions to its leasing regulations in 1979. These regulations, commonly known as the truth-in-leasing regulations, required, among other things, that the authorized motor carrier fully disclose in the lease all deductions from owner-operator compensation and established requirements governing escrow funds deposited with the motor carrier to guarantee performance or cover expenses initially paid by the carrier but ultimately borne by the owner-operator. The regulations also required the carrier to pay the owner-operator within 15 days after submission of the necessary delivery documents. Although the regulations govern the timeliness of payment and require that the method of compensation be specified in the lease, they do not mandate any particular method or amount of compensation. In 1980, the U.S. Court of Appeals for the District of Columbia Circuit upheld these regulations as a valid exercise of the ICC's authority to regulate leasing contracts.
In 1995, the ICCTA transferred the ICC's authority over motor carrier leasing arrangements to the Secretary, and it now resides with FMCSA. The Act did not make any substantive changes to the ICC's leasing authority under the former Interstate Commerce Act.  However, Congress clearly directed that leasing disputes be resolved primarily through private rights of action.  In 1996, the former ICC truth-in-leasing regulations were recodified without substantive change at 49 CFR Part 376.
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Post by companyman on Apr 1, 2012 20:20:59 GMT -5
This is all correct, many Co. use insurance as just one more profit center, you can bet they are marking up the insurance they are charging you for. You should read very carefully the entire lease, but for this discussion especially the portion about insurance. They probably have language that makes it appear you agreed to take their insurance, which will make it hard if not impossible to sue them. They are smarter most of the time than you would think. If they are stealing from that way you can bet they are taking from you somewhere else also.
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Post by hammerdown85 on Apr 2, 2012 6:34:30 GMT -5
hey,mr moderetor we can star something here .in miami we had support trucking group it all was bery modest .if we all sent money enough pay some one to look for our backs we could line up we O O I DA ,WE COULD GET LAWERS WELL I WILL SEAT DOWN AN WRITE A CHECK EVERY WEEK MONTH iam sure others will too MONEY WILL HELP WE COULD PRINT THE TRUTH IN LEASING REGULATION AND TO DRIVERS WHO ASK, ANY YOU KNOW WHAT I MEANT LETS DO NOT TALK .RESPECT HERE FROM MIAMI THE HAMMERDOWN85
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Post by atsdriver on Apr 2, 2012 6:45:07 GMT -5
i lease my truck to company. where can you get a copy of these regulations or laws to read?
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