Trucking: Lease Agreements, heavy duty trucking, trucking industry

Question
We are beginning to advertise for owner operators for my company, and I have one gentleman that is interested in our plan, but I am having trouble finding a lease agreement that will meet gov. requirements and spell out everything we offer and everything he is responsible for. If there any suggestions on this where I can find one?

Answer
Hello Natasha...
Thanks for the question.  I do urge you to consult with an attorney who specializes in the trucking industry.  A few dollars spent to obtain legal counsel is most often an excellent investment and precludes future problems.  Also, it is imperative that both you and the other party have the same understanding of the terms of the lease.

Part 376: Lease and interchange of vehicles are the FMCSA regulations for leases.  I'd suggest you go there and review all of Part 376 so you know what FMCSA requires in the lease.  It can be found at:
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguidedetail...

Be sure to check with your base state's motor carrier enforcement division for any state unique requirements for motor carrier leases.  Some states do impose specific requirements over and above the federal requirements.

I also recommend you go to Heavy Duty Trucking's website and read an article posted at:
http://www.heavydutytrucking.com/2003/03/060a0303.asp


Although not comprehensive, you can find one example lease at:
http://www.cyberdriveillinois.com/publications/pdf_publications/vsd6831.pdf

This one may not have much value, but there may be a couple of points worth reading.  It is for buses and can be found at:
http://www.ped.state.nm.us/div/fin/trans/dl/indiv.pdf

You can also go to "Docstoc" and weed through what they have available.  This is a fee based service.
http://www.docstoc.com/about/

www.lawdepot.com is also another potential source and again a fee based service.

BizTree may also have something that will help.
http://www.biztree.com/?cm_source=go-sus&cm_adgroup=D062&cm_kw=lease%20agreement...

Those are about the only ones I could quickly find in my files at the moment.  Hopefully one of them with be of some help.  If you don't find what you're looking for just let me know and I'll do some more digging.

We also have some information on lease agreements on the "Stop Illegal Trucking" website.  It can be found in the forum pages under "GENERAL RULES AND REGULATIONS IN THE TRUCKING INDUSTRY".  Here are a few links......

http://www.stopillegaltrucking.com/forum/viewtopic.php?f=53&t=576&p=1717&hilit=l...

http://www.stopillegaltrucking.com/forum/viewtopic.php?f=53&t=575&p=1716&hilit=l...

http://www.stopillegaltrucking.com/forum/viewtopic.php?f=53&t=429&p=1403&hilit=l...

Thanks again....and please acknowledge that that you have read this question.

...Don
http://www.stopillegaltrucking.com/