OPTION 2: CARRIER shall obtain, and pay any required fee for, the IFTA permit and all other required permits (that CONTRACTOR, as opposed to CARRIER, is eligible under Applicable Law to apply for), and CARRIER shall perform all fuel and mileage tax reporting services, with respect to the Equipment. I hereby certify that I carefully inspected the above and this is a true and correct report of the same. 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. Year round work. In the event CONTRACTORs next settlement is not sufficient to satisfy deductions for both CARRIERs advance and the Minimum Escrow Balance, priority will be given to CARRIERs advance. CARRIER shall pay INDEPENDENT CONTRACTOR 88% of gross rate based on conformation for each load, compensation for detention, multiple stop-offs load/unload and load/unload are already included in rate conformation. Independent Contractors. CONTRACTOR shall provide competent professional drivers who meet CARRIERs minimum driver qualification standards and all of the requirements of the DOT, including but not limited to, familiarity and compliance with state and federal motor carrier safety laws and regulations. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. This agreement is necessary because the owner-operator isn't an employee and is providing a hauling services to the company for a specific job. PDF INDEPENDENT CONTRACTOR AGREEMENT - The Judicial Branch of Arizona in The authorized carrier shall keep a copy and shall place another copy of the lease on the equipment during the period of the lease unless a statement as provided for in 376.11(c)(2) is carried on the equipment instead. In addition to the compensation set forth above, CARRIER shall also pay INDEPENDENT CONTRACTOR an incentive for each additional contractor that contracts with CARRIER as direct result of a referral make by INDEPENDENT CONTRACTOR. (6) The conditions the lessor must fulfill in order to have the escrow fund returned. time during the term of this Agreement Carrier's SEA rating in any of these three categories is 74 or higher. 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. CARRIER will use caution in installation of ELD, but will not be responsible for damage to contractors truck. All notice provisions of this Agreement shall be writing delivered personally, by postage prepaid, first call mail, or by facsimile machine to the addressees or fax number shown at the end of this Agreement. Unless authorized to be self-insured, CARRIER shall maintain public liability, property damage, and cargo insurance in such amounts as are required by the Surface Transportation Board, Department of Transportation, and applicable state regulatory agencies. The lease shall specify the time and date or the circumstances on which the lease begins and ends. Independent contractors cannot be forced into arbitration If request. iv. 4.5 At no cost and expense to Shipper, Carrier shall furnish either through itself or its independent contractors all supplies and equipment for its services hereunder and shall maintain all equipment in good repair and condition. 5. CARRIER. (1) The lease shall provide that the authorized carrier lessee shall have exclusive possession, control, and use of the equipment for the duration of the lease. 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. This Agreement shall be deemed to have been drawn in accordance with the statutes and laws of the State of Illinois and in the event of any disagreement or litigation, the laws of this state shall apply and suit must be brought in this state, except that CARRIER may bring suit against INDEPENDENT CONTRACTOR in any state where INDEPENDENT CONTRACTOR resides or is located. If, in CARRIERS judgment, INDEPENDENT CONTRACTOR has subject CARRIER to liability because of INDEPENDENT CONTRACTORS acts or omissions, CARRIER may take possession of the lading entrusted to INDEPENDENT CONTRACTOR and complete performances. INDEPENDENT CONTRACTOR represents and warrants that INDEPENDENT CONTRACTOR has title to or is authorized to contract the equipment and services to CARRIER. Agent and Customized agree and intend to create by this Agreement an independent contractor relationship, and not a joint venture, partnership or an employer and employee relationship in any manner. Defining independent contractors and owner-operators | Overdrive 411 (Jan. 4, 2011), issued by the FMCSA, CONTRACTOR and CARRIER hereby consent and agree to conduct business using the following electronic method: /ema//, tax/. 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. 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. The authorized carrier may delete the names of shippers and consignees shown on the freight bill or other form of documentation. Current Tractor Hub Miles: , ONECLICK TRANSPORTATION, LLC INDEPENDENT CONTRACTOR OPERATING AGREEMENT, ADDENDUM REGARDING VOLUNTARY MAINTENANCE ESCROW FUND. 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. INDEPENDENT CONTRACTOR shall provide competent drivers who meet all the requirements of the U.S. Department of Transportation, including but not limited to, familiarity and compliance with state and federal motor CARRIER safety laws and regulations. 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. A courier, who is also an independent contractor, is responsible for transporting documents, packages, and other materials. Drivers with a recent history of accidents, traffic convictions and/or serious traffic offenses will not meet CARRIERs minimum qualification standards. the purpose of this section, the term INDEPENDENT CONTRACTOR refers to the owner. (3) The lease shall clearly specify the conditions under which deductions for cargo or property damage may be made from the lessor's settlements. The lease shall specify that the lessor is not required to purchase or rent any products, equipment, or services from the authorized carrier as a condition of entering into the lease arrangement. B. Volcano Transport Inc, 415 W Golf Rd Suite 58 Arlington Heights IL 60005. This provision shall remain in full force and effect t during and after the termination of this agreement. Payment. Drivers. 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. When a lessor's revenue is based on a percentage of the gross revenue for a shipment, the lease must specify that the authorized carrier will give the lessor, before or at the time of settlement, a copy of the rated freight bill, or, in the case of contract carriers, any other form of documentation actually used for a shipment containing the same information that would appear on a rated freight bill. Accessorial Service Charges. INDEPENDENT CONTRACTOR shall pay for any driver during each contract period as follows: A. PDF Motor Carrier Agreement this form does not apply to employers in the construction industry that use a contractor. Our dispatchers have more than 5 years of Dispatch Experience. The owner of the equipment shall keep a copy of the lease. Share sensitive information only on official, secure websites. This is true regardless of whether the lease for the equipment is directly between the authorized carrier and its agent rather than directly between the authorized carrier and each of these owners. In the event the trailer is not in as good condition as it was delivered by CARRIER, INDEPENDENT CONTRACTOR hereby authorizes CARRIER to restore the trailer to proper condition and to deduct or to charge INDEPENDENT CONTRACTOR for such repairs or reconditioning. 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. The independent contractor agreement should make it clear that the independent contractor provides the " instrumentalities of the trade ". 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. The U.S. Supreme Court has ruled that legal disputes between carriers and independent contractors cannot be forced into arbitration even if their contractor agreements . INDEPENDENT CONTRACTOR agrees to return any trailer provided for its use by CARRIER in the same good condition as received by INDEPENDENT CONTRACTOR, reasonable wear and tear excepted, along with any and all other equipment and property belonging to CARRIER immediately upon CARRIERS request or upon termination of this Agreement anytime or place designated by CARRIER. ( b) The leasing of equipment to motor private carrier or shippers. CONTRACTOR, including CONTRACTORs officers and owners, hereby personally guarantees repayment of any advances from CARRIER under this Addendum and, upon CARRIERs request, will cooperate with and assist CARRIER as necessary to perfect CARRIERs security interest for such repayment, including but not limited to CARRIER obtaining lien-holder rights on CONTRACTORs Equipment (as defined in Section 1 of the Agreement). An Arizona independent contractor agreement outlines the business relationship between a client and a contractor who serves them independently. INDEPENDENT CONTRACTOR shall not allow any passengers to ride in the Equipment unless authorized in writing by CARRIER as required by law. It is expressly understood and agreed that INDEPENDENT CONTRACTORS compensation shall be set forth in Appendix A and such compensation shall constitute the total compensation for everything furnished, provided, or done by INDEPENDENT CONTRACTOR in connection with this agreement including driver services. The lease shall specify the terms of any agreement in which the lessor is a party to an equipment purchase or rental contract which gives the authorized carrier the right to make deductions from the lessor's compensation for purchase or rental payments. CONTRACTOR will complete transportation of all shipments it accepts under this Agreement. CARRIER and CONTRACTOR agree to enter into this Agreement for the purpose of installation, and ongoing operation of the Event Recording Camera (ERC) identified below. PDF Owner Operator Lease Agreement A. Between B. Independent Contractor PDF OWNER OPERATOR TRUCKER AGREEMENT - Dulai Pride Revise it in your preferred editor, fill it out, sign it, and print it. What to Know About Owner-Operator Lease Agreements - Truckstop Motor Carrier Transportation Agreement The INDEPENDENT CONTRACTOR must provide cellular communication with the CARRIER. PDF Dallas Fort Worth Trucking Corporation Federal Motor Carrier Safety Administration, Regulatory Topic: professional drivers engaged in a separate and distinct profession) shall have the duty to determine that all shipments are in compliance with the size and weight laws of the states in which or through which the Equipment will travel and to notify CARRIER if the vehicle is overweight, oversized or in need of permits before commencing the haul. Copies of freight bill or other form of freight documentation. Getting the appropriate legal forms has never been so easy. The Existence of A Motor-carrier Independent Contractor Arrangement Maybe Difficult to Prove. (f} Fuel Taxes. PDF INDEPENDENT CONTRACTOR AGREEMENT - NOW Courier The carrier shall perform this accounting in one of the following ways: (i) By clearly indicating in individual settlement sheets the amount and description of any deduction or addition made to the escrow fund; or. CONTRACTOR is free to reject any shipment offered by CARRIER. (3) When an authorized carrier of household goods leases equipment for the transportation of household goods, as defined by the Secretary, the parties may provide in the lease that the provisions required by paragraph (c)(1) of this section apply only during the time the equipment is operated by or for the authorized carrier lessee. INDEPENDENT CONTRACTOR shall, at its sole cost and expense, provide all the equipment ready to operate and fully road worthy and shall furnish all necessary oil, fuel, tires, and other parts, supplies and equipment necessary or required for the safe and efficient operation of such equipment; and shall pay all other expenses incident to such operation, including, but not limited to, highway use taxes, weight taxes, state property taxes, mileage taxes, and registration fees, and toll charges, and detention and accessory charges not collected by CARRIER because of INDEPENDENT CONTRACTORS failure to provide the required documents. CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA) BACKGROUND, UNFAIR PROPERTY/CASUALTY CLAIMS SETTLEMENT PRACTICES An unfair, HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF. INDEPENDENT CONTRACTOR further agrees to keep the equipment in clean appearance and identified as described herein, at its sole cost an expense. 5. 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.