Tom Robertson
Veteran Expediter
There are many issues which will arise that are not and can not be covered in the contractual arrangement between the truck owner and driver (independent contractor).
Recent posts allude to disagreements with fuel surcharges, washes, repairs, pay discrepancies, escrow and other issues. Most of these issues are posted from the driver’s perspective.
Other issues from an owner’s standpoint would include, PTI’s, keeping up with oil changes, maintenance schedules, notification of damage inflicted by tow motors, incidental damage inflicted by driver negligence and the general condition and cleanliness of the vehicle both inside and out.
It is the responsibility of both the owner and the driver to have an understanding of what is expected of the other BEFORE the contract is signed. Most truck owners are not in this business for a tax write off or simply to have something to do with their free time. Most drivers are not in this business to be treated unfairly or to be cheated out of their rightfully earned income.
Any owner who understands the importance of driver retention should be willing to discuss the “what ifs” with any prospective driver. Any driver who does not want to be disappointed needs to address any and all concerns of income with the owner. Both parties need to understand what is expected of them and then stand behind that agreement. I assure you that both, drivers and owners are notorious for saying one thing and then changing their minds when the incident actually occurs.
It is my belief that if an owner and driver are straightforward with their expectations from the beginning, fewer disagreements will occur. If the owner makes a promise regarding anything that affects your pay and then fails to back up that promise, it is time for you to look for an owner that will provide what he promises. If the driver fails to maintain the truck, for example continually running the vehicle beyond the mileage when the service work should be performed, and or failing in anyway to do what he/she agreed to at the contract’s signing, it is time for the owner to look for a driver who will treat him and the equipment with the same respect given to the driver.
Ask the owner what he will do for you if your truck breaks down and it takes two or three days to repair the vehicle. If you’re not near your house, will he pay your hotel bill? This situation will happen to you sooner or later, regardless of the age of the truck. If your truck still runs and you have a sleeper, is it reasonable to ask for a hotel? Questions like these need to be addressed in person.
Your contract should spell which party is responsible for any expenses incurred. It should spell out how the driver will be paid. It should spell out what condition the truck was in when given to the driver and what is expected when and if the driver returns the truck. You contract should have been prepared by an attorney well versed in these arrangements and should protect both parties from unreasonable demands by the other.
If as an owner, you present your driver with a contract you have copied from someone else’s idea of what a contract should be, then be prepared to deal with the consequences. I have seen contracts copied so many times, that they could not be read in some sections.
Furthermore it is important to know what an owner can require of you as a driver. If the owner expects you to pay for maintenance or repairs on the vehicle; don’t walk out the door; RUN. I have seen contracts that expect the drivers to pay the owner mileage to return to their homes when taking time off. There are contracts written that are completely irrational and written to take advantage of the driver. Although in most cases these contracts are illegal, they are always subject to interpretation and may eventually cost you. If you have any doubts about what you are signing, ask for a copy so you can have an attorney review it.
Conversely, the driver is in a position to take advantage of the owner. If you the driver fail to pay attention to an object in your path, and inflict damage to the vehicle, the owner has a right to know. If you do not have the oil changed at the intervals the owner desires, you are not upholding your end of the agreement. If you burn a hole in the seat, carpet or bunk area, you should understand that this is not, normal wear and tear and the owner has the right to ask you to pay for the repair.
It all boils down to respect. If you respect yourself and each other, these arrangements can last for many years. If you do not respect the words you gave to the other party, sooner of later the relationship will fail. Enter into any contract knowing that you will receive out of the arrangement what you are willing to put into it. If this very simple philosophy is followed, driver turnover and multiple employment contracts will diminish significantly.
Recent posts allude to disagreements with fuel surcharges, washes, repairs, pay discrepancies, escrow and other issues. Most of these issues are posted from the driver’s perspective.
Other issues from an owner’s standpoint would include, PTI’s, keeping up with oil changes, maintenance schedules, notification of damage inflicted by tow motors, incidental damage inflicted by driver negligence and the general condition and cleanliness of the vehicle both inside and out.
It is the responsibility of both the owner and the driver to have an understanding of what is expected of the other BEFORE the contract is signed. Most truck owners are not in this business for a tax write off or simply to have something to do with their free time. Most drivers are not in this business to be treated unfairly or to be cheated out of their rightfully earned income.
Any owner who understands the importance of driver retention should be willing to discuss the “what ifs” with any prospective driver. Any driver who does not want to be disappointed needs to address any and all concerns of income with the owner. Both parties need to understand what is expected of them and then stand behind that agreement. I assure you that both, drivers and owners are notorious for saying one thing and then changing their minds when the incident actually occurs.
It is my belief that if an owner and driver are straightforward with their expectations from the beginning, fewer disagreements will occur. If the owner makes a promise regarding anything that affects your pay and then fails to back up that promise, it is time for you to look for an owner that will provide what he promises. If the driver fails to maintain the truck, for example continually running the vehicle beyond the mileage when the service work should be performed, and or failing in anyway to do what he/she agreed to at the contract’s signing, it is time for the owner to look for a driver who will treat him and the equipment with the same respect given to the driver.
Ask the owner what he will do for you if your truck breaks down and it takes two or three days to repair the vehicle. If you’re not near your house, will he pay your hotel bill? This situation will happen to you sooner or later, regardless of the age of the truck. If your truck still runs and you have a sleeper, is it reasonable to ask for a hotel? Questions like these need to be addressed in person.
Your contract should spell which party is responsible for any expenses incurred. It should spell out how the driver will be paid. It should spell out what condition the truck was in when given to the driver and what is expected when and if the driver returns the truck. You contract should have been prepared by an attorney well versed in these arrangements and should protect both parties from unreasonable demands by the other.
If as an owner, you present your driver with a contract you have copied from someone else’s idea of what a contract should be, then be prepared to deal with the consequences. I have seen contracts copied so many times, that they could not be read in some sections.
Furthermore it is important to know what an owner can require of you as a driver. If the owner expects you to pay for maintenance or repairs on the vehicle; don’t walk out the door; RUN. I have seen contracts that expect the drivers to pay the owner mileage to return to their homes when taking time off. There are contracts written that are completely irrational and written to take advantage of the driver. Although in most cases these contracts are illegal, they are always subject to interpretation and may eventually cost you. If you have any doubts about what you are signing, ask for a copy so you can have an attorney review it.
Conversely, the driver is in a position to take advantage of the owner. If you the driver fail to pay attention to an object in your path, and inflict damage to the vehicle, the owner has a right to know. If you do not have the oil changed at the intervals the owner desires, you are not upholding your end of the agreement. If you burn a hole in the seat, carpet or bunk area, you should understand that this is not, normal wear and tear and the owner has the right to ask you to pay for the repair.
It all boils down to respect. If you respect yourself and each other, these arrangements can last for many years. If you do not respect the words you gave to the other party, sooner of later the relationship will fail. Enter into any contract knowing that you will receive out of the arrangement what you are willing to put into it. If this very simple philosophy is followed, driver turnover and multiple employment contracts will diminish significantly.
