Every leased on owner operator seems to complain about rules and regulations.
It’s as if always the big bad DOT has some regulation that will cost you money. I agree.
There are also rules and regulations implemented for owner operators and drivers that most don’t care to know at all.
The FMCSA Law and Regulation: 376.12
A lot of owner operators are being ripped off through trucking company scams such as being leased on for 10%.
Sure there are a lot of great smaller companies that are honest, but the majority is stealing your hard earned money driver.
If you are leased to a carrier you must have some kind of a lease contract document that was agreed upon by both parties. For example the agreement might be 10% of the line haul from the load that you agree to accept is taken for the company.
Load Pays: $3,600 and at 10% the company gets to keep $360.
That’s all great and honest. However it happens to many times where the company will do the following:
Load Pays: $3,600
Given To Owner Operator: $3,000
Take 10% from $3,000 and charge the owner operator $300.
As you can see the company has just made $900 by you hauling this load. Sad truth is they can take away thousands when the chances are presented. This seems to be the normal practice done by a lot of companies now a days because let’s face it.. 10% doesn’t really make them any money, but the 10% deals draw owner operators into their lease.
When an owner operator has a feeling or even clear self evidence that money is being stolen from him he goes to the company and he hears the best excuses ever.
“We didn’t steal any money. YOU ACCEPTED the load”
“This money from the load has to be paid to the broker for giving it to us”
“We don’t have to show you anything, if you don’t like it you can find a new company”
Million other excuses….
Purpose of this article is to bring the highlight of this rule and regulation for those who are not informed.
If you have a feeling that your company has been stealing money, or you would like to audit what they have been billing for the loads you accepeted, the law and regulation allows you to do so without any court orders. If they fail to allow you to do this, you may contact brokers, and if they fail to let you know, contact FMCSA and find a good business lawyer!
No matter what was accepted verbally can be used in the court of law. Everything must be paid and transactioned per the the contract that you signed when you leased on to the company. Do not forget this law.