First the disclaimer: I'm not an attorney and none of the following should be understood or construed to be legal advice. The only thing I'm licensed to do is drive a truck. I'm simply sharing my personal views and beliefs in response to the topic raised in this thread. Also note that while my wife is an attorney, I have not discussed this thread with her and she has not yet seen it. In other words, she's off the hook and I'm just a truck driver yammering on. End of disclaimer.
I've been doing a little research into the question you ask. The answer is, independent contractor drivers have very few rights with truck owners beyond those spelled out in the contract the driver and owner enter into.
Drivers are often advised to have contracts. That's common sense. The problem is, well-written driver/owner contracts are not easily found in the expediting industry.
I've thought about developing a prototype document that could be used as a starting point for drivers and fleet owners; even getting an attorney's help in doing so. But I abandoned the idea. State laws vary too much and we're in an industry that spans all states. What may work for an Ohio-based driver and a Kentucky-based fleet owner, may not work for a Michigan-based driver and Florida-based fleet owner. Federal law also enters in.
Out of curiosity, and being in the neighborhood (Kansas City), I recently dropped into OOIDA headquarters and visited with an official there.
When you read of OOIDA going after a carrier (law suit) because a carrier allegedly cheated owner/operators leased onto that carrier, OOIDA is usually acting under a particular federal statute that specifically addresses lease agreements between carriers and the owner/operators that lease on with them. That's about owner/operators, not independent contractor drivers.
When you read about a labor relations board or some such entity sanctioning a carrier because the carrier's employee drivers had a legitimate beef, labor law is in play there. That's about employee drivers, not independent contractor drivers.
Both of the above are also about carriers, not fleet owners that lease their trucks to carriers and put independent contractors in them.
From what I've learned so far, the fleet owner/independent contractor driver relationship that is common in expediting is somewhat unique in the trucking industry overall.
That takes us back to the importance of good contracts between fleet owners and independent contractor drivers. Good contracts state the expectations and rights of the contracting parties and address as many situations as can be anticipated in that relationship.
For example, a contract we once operated under did not clearly spell out the procedures for turning in the truck and inspecting it. We took care of that by having our fleet owner sign a document stating that he had the opportunity to inspect the truck and found it in satisfactory condition. But that's not something a lot of drivers would think to do and there is no assurance a different fleet owner would agree to sign such a statement.
A well written contract - in my view - would include provisions for the truck to be inspected by a neutral third party when the truck is turned in, and the third party's report would be used in determining how much of the damage deposit would be returned.
A well written contract - in my view - would also protect fleet owners if the driver abandoned the truck. If I was a fleet owner, I'd include a $10,000 penalty payable by a driver that abandoned one of my trucks. While the driver may be broke at the time, the provision would enable me to obtain a court-ordered judgement against him or her for the amount of the penalty and perhaps collect it later. That provision - I believe - would make a driver think twice before abandoning a truck. It may also scare some bad drivers away, which would be exactly what I want. It would also be an easy provision for a good driver to agree to since abandoning a truck would be something totally outside of the driver's moral norms.
I'm digressing here. The original question was about what rights do drivers have in fleet owner relationships. While the answer is very few, that does not mean that help is not available. OOIDA would be my first stop, if you are a member. There are people there that can help you assess your circumstances and plan your next move. Hiring an attorney is another choice, but perhaps costly.
I wish I had more resources to suggest. The fact is, if you don't have a good contract starting in with a fleet owner, you may well have troubles when you get out.
As I continue to learn about the expediting industry, the driver/fleet-owner horror stories continue to trouble me. So much of what we hear about seems preventable by good communications, good contracts, and well-managed expectations. Yet we continue to hear the horror stories again and again and again.
Our industry needs a better way. Too many people are getting hurt. Either drivers and fleet owners need to get better at doing business with each other, or the independent contractor driver/fleet-owner relationship has to fall by the wayside in favor of something else.
I continue to look into and think about things like professional organizations; prototype agreements; third party service entities that hold escrow money, inspect trucks, etc.; good owner/bad owner lists; good driver/bad driver lists; and more. I have no solutions to suggest at the moment, but I believe there has to be a better way for independent contractors and fleet owners to interact.
As an industry, expediting needs to elevate it's methods and adopt procedures that help bring the best out of people, not the worst.
