Motor Carrier Trip Lease Agreement

To enforce these laws, the federal authority requires truck drivers to keep daily accounts of their driving time in accordance with section 395.8 of the C.F.R. Drivers are responsible for recording information in a standardized grid including: date, total number of miles driven that day, truck and trailer number, carrier name, driver`s signature, 24-hour departure time, main office address, remarks, passenger name, total time and shipping document number. These recordings can be compared with all other documents made available to the investigating lawyers. Documents such as credit card supporting documents, payment statements, and other daily driving records can be used to find differences. Any falsification of the record indicates that the carrier did not properly monitor the driver or deliberately ignored the violation. In any case, such an activity is not tolerated by the Agency and can easily contribute to bringing an action against a transport undertaking. Violations such as those mentioned above can impact a carrier`s safety assessment, which is readily available to federal authorities, insurance companies and the public. These ratings also determine how a business can operate. For example, an unsatisfactory assessment means that the carrier cannot carry certain hazardous substances or more than 15 passengers. 49 C.F.R. Section 385.13. Companies receive a satisfactory, conditional or unsatisfactory assessment based on compliance with the safety standards set out in section 49 C.F.R.

section 385.7. The Common Law held that the liability of motor vehicles could be determined by an analysis of the relationship between the owner of the truck and the driver in relation to that of the lessee and the driver. Under the Common Law, the transportation company that possessed the motor transport certificate and employed the driver was the master and driver of the servants. The employer only had control and responsibility for the driver if the truck was used for the employer`s business, but not, while the truck was used for another truck driver as part of a travel rental. The doctrine of the superior respondeat was to impose liability on the employer in the event of an accident while the driver was acting in the course of employment. But if it was a travel rental contract, if the driver was owner-operator, the employer who held the motor carrier`s certificate was out of the question, because the employer did not control the driver and there was often no financially responsible party against whom the victim could act. Carriers therefore used customary law that isolated them from liability by entering into travel rental contracts. According to government statistics, large trucks in the United States (www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2001/2001largetrk.pdf) are involved in nearly 5,000 fatal accidents and nearly 100,000 accidents involving injured people per year.

In 2001, 429,000 large trucks were involved in traffic accidents in the United States, resulting in nearly one in eight deaths this year. See road safety facts, above. More than a fifth of car occupant deaths in multi-vehicle accidents occur in collisions with heavy goods vehicles. Occupants die about six times more often when they collide with a truck than with another car. See the Insurance Institute for Highway Safety website, Fatality Facts for Large Trucks, www.iihs.org/safety facts/fatality facts/trucks.htm. In order to compensate the public for these car accidents, Congress passed a law, 49 States.C Section 13906, which requires drivers to offer insurance coverage for rented vehicles. The FHWA has set minimum limits of liability for all types of motor vehicles used under motor vehicle leases. The minimum insurance coverage for an intergovernmental business leader is $750,000 and $1,000,000 for those transporting hazardous materials, in accordance with 49 C.F.R. .

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