The Trucking Law segment is a monthly feature on Overdrive, in which we pose commonly asked questions from truckers and owner-operators to legal experts. In this installment, attorney Paul Taylor addresses common questions regarding lease arrangements between owner-operators and fleets. Find all Trucking Law installments via this link.
A written lease between owner-operators and carriers for whom they haul is required by Federal Motor Carrier Safety Administration regulations. The “truth in leasing” regulations are intended to level the playing field between them, partly by requiring a high level of transparency. Here are common owner-operator questions:
May the carrier and I agree to rates on each load?
No. The regulations require that the lease clearly state the compensation to be paid. The lease may require payment by the mile, load, hour or percentage of the load, or even other methods.
Am I entitled to copies of the invoices or rate confirmation sheets for loads I haul?
If you’re paid a percentage of revenue, you’re entitled to copies of the invoices to the carrier’s customers or a computerized document containing what normally appears on an invoice. Or a computerized settlement statement suffices, provided it contains typical freight bill information such as loading location, delivery points, weight, piece count, etc.
You’re not entitled to a copy of the load confirmation sheets, but the carrier may choose to give copies. However, you’re always entitled to review the load confirmation sheets, contracts and rate circulars used to calculate the charges for a load you hauled.
