Trucking: truck lease, carrier company, insurance requirement


Question
Hi
i have a small trucking company running for 3 years already with only one truck and my dad as the driver. i have a friend that got a truck he has his dot and everything setup already except his mc. He wants to run under mine. How should i lease his truck to my mc and do i have to report it to the dot or anywhere else?

Answer
Hi Paula.....  Thanks for the question, but unfortunately you'll probably not like the answer I have to give you.

Your authority, based on your assigned MC# is essentially your motor carrier company's federal license to transport interstate for hire.  In order to do it correctly so it would allow your friend to operate under your authority, you would have to lease him/her on to your company.  The financial terms and conditions of that lease would need to be determined and agreed to by both parties involved.  

You would need to revise your MCS-150 to reflect the changes.  Also, UCR would need to be updated.  

But the real kicker is probably that you will have to provide the BIPD and cargo (if applicable) under your company's insurance policy.  That is because the financial responsibility (insurance) requirement is the responsibility of the motor carrier company....not the leased truck/driver.  When you lease on owner-operators under your company authority, you as the motor carrier company assume almost all the same responsibilities and liabilities as you would for trucks you own and operate.  This encompasses all of the same driver files, maintenance records, training requirements, etc., as for your own trucks and drivers.  I strongly encourage you to examine all the potential responsibility, liability, and legal issues that can arise from leasing another truck on to your company.

I wish I could have given you a different answer and described an easier path, unfortunately that is how the regulations mandate you do it.  I hope this helps a little and I do sincerely wish you good luck what ever you decide to do.

...Don