P51bombay
Expert Expediter
Set down a while - this is a real comedy of errors.
Yesterday I get a letter from DOT saying they tried on three separate occasions to contact me to schedule a new carrier safety audit and since all three failed they consider it refusal to submit and give 10 days from the date of notice (April 24) to reply in writing to the state office shown. I get this on May 4th - exactly 10 days from the above date! I imediatly call and leave a message then notice the postmark is dated May 1st - they sat on the thing for 6 of the 10 days given. Then first thing this morning I call (DC) and get two extremely rude and unhelpful ladies (ahem) who verge on refusal to answer questions regarding just what contact details they have on file but finally give up the goods and over a two day period last month they made two calls to my cell and one email but low and behold they have my cell phone jumbled and only half of my email - duh! No wonder you can't get in touch but apparently they didn't bother sending snail mail to my (correct) mailing address of useing my also correct home number and go straight to fourth and final notice.
DC supervisor finally gives another number for the state office, which I promtly call and end up speaking with the director of that office who's both nice and helpful - straightens it out in minutes, rescinds the warning letter and puts me in contact with an audiitor to schedule a meeting next month.
So I talk with the auditor and she asks some questions and wants to know if I'm operating under my own authority or someone else s. Not thinking it matter I tell he take your pick how you want to look at things which brings on more questions - she's thinking leased and that the company I'm contracted with is responsibility for dug tests, and other safety related issues which I know they want no part of.
The deal is they pay me a flat fee each month for the use of my trucks, they also pay an hourly fee for drivers to operate the trucks with a 40 hour minimum for each. The never take physical possession of any truck, plates (IRP) are in my name, insurance is in my name, IFTA license is in my name, trucks have my name and DOT/MC numbers on the door and company's on the box. They do all dispatches and when those are done each day we are done for the day, BOL's we use are theirs and they bill their customers independently
I don't know why DOT is asking or why it even matters to them who's authority is used but the $64K question is - am I "leased" or not? I don't see where I am, at least not in the traditional sense of things - they pay me X amount of $$$ for the use of my trucks as needed whether it be 1 dispatch or 15 and Y amount of $$$ for drivers to run the trucks. DOT is asking to see a copy of the agreement, so question 2 - do they have any right to see it and if not will flags rise if one or both of us say no? Lastly what are the defining factors that makes someone with their own authority "leased on" to another company who also has operating authority?
Yesterday I get a letter from DOT saying they tried on three separate occasions to contact me to schedule a new carrier safety audit and since all three failed they consider it refusal to submit and give 10 days from the date of notice (April 24) to reply in writing to the state office shown. I get this on May 4th - exactly 10 days from the above date! I imediatly call and leave a message then notice the postmark is dated May 1st - they sat on the thing for 6 of the 10 days given. Then first thing this morning I call (DC) and get two extremely rude and unhelpful ladies (ahem) who verge on refusal to answer questions regarding just what contact details they have on file but finally give up the goods and over a two day period last month they made two calls to my cell and one email but low and behold they have my cell phone jumbled and only half of my email - duh! No wonder you can't get in touch but apparently they didn't bother sending snail mail to my (correct) mailing address of useing my also correct home number and go straight to fourth and final notice.
DC supervisor finally gives another number for the state office, which I promtly call and end up speaking with the director of that office who's both nice and helpful - straightens it out in minutes, rescinds the warning letter and puts me in contact with an audiitor to schedule a meeting next month.
So I talk with the auditor and she asks some questions and wants to know if I'm operating under my own authority or someone else s. Not thinking it matter I tell he take your pick how you want to look at things which brings on more questions - she's thinking leased and that the company I'm contracted with is responsibility for dug tests, and other safety related issues which I know they want no part of.
The deal is they pay me a flat fee each month for the use of my trucks, they also pay an hourly fee for drivers to operate the trucks with a 40 hour minimum for each. The never take physical possession of any truck, plates (IRP) are in my name, insurance is in my name, IFTA license is in my name, trucks have my name and DOT/MC numbers on the door and company's on the box. They do all dispatches and when those are done each day we are done for the day, BOL's we use are theirs and they bill their customers independently
I don't know why DOT is asking or why it even matters to them who's authority is used but the $64K question is - am I "leased" or not? I don't see where I am, at least not in the traditional sense of things - they pay me X amount of $$$ for the use of my trucks as needed whether it be 1 dispatch or 15 and Y amount of $$$ for drivers to run the trucks. DOT is asking to see a copy of the agreement, so question 2 - do they have any right to see it and if not will flags rise if one or both of us say no? Lastly what are the defining factors that makes someone with their own authority "leased on" to another company who also has operating authority?
