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Truck Driver Independent Contractor Agreement for the United States

Truck Driver Independent Contractor Agreement Template for United States

This agreement establishes the legal relationship between a trucking company and an independent contractor driver in the United States. It covers essential aspects including service scope, compensation, equipment responsibilities, insurance requirements, and compliance with federal and state regulations. The document ensures compliance with U.S. Department of Transportation requirements while maintaining proper independent contractor classification under federal and state laws.

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What is a Truck Driver Independent Contractor Agreement?

The Truck Driver Independent Contractor Agreement is essential for companies engaging independent drivers in the United States transportation industry. This document is crucial for establishing clear boundaries between independent contractors and employees, protecting both parties' interests while ensuring compliance with federal regulations, including FMCSA requirements and state-specific transportation laws. It outlines operational responsibilities, compensation structures, insurance requirements, and compliance obligations, serving as a comprehensive framework for the business relationship.

What sections should be included in a Truck Driver Independent Contractor Agreement?

1. Parties: Identifies the contracting parties - typically the trucking company and the independent contractor driver

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the transportation services to be provided by the contractor

5. Independent Contractor Status: Clearly establishes the independent nature of the relationship

6. Compensation: Details payment terms, rates, and payment schedule

7. Equipment and Expenses: Specifies responsibilities for vehicle maintenance, fuel, and other operational costs

8. Insurance Requirements: Mandates minimum insurance coverage requirements

9. Term and Termination: Specifies duration and conditions for ending the agreement

10. Compliance with Laws: Requires adherence to federal and state regulations

What sections are optional to include in a Truck Driver Independent Contractor Agreement?

1. Non-Compete: Restricts working with competitors - used when protecting client relationships or routes

2. Confidentiality: Protects sensitive business information - used when contractor has access to proprietary information

3. Load Assignment Procedures: Details how loads are assigned and accepted - used when multiple contractors compete for loads

4. Safety Standards: Additional safety requirements beyond legal minimums - used when handling specialized or hazardous cargo

What schedules should be included in a Truck Driver Independent Contractor Agreement?

1. Rate Schedule: Detailed breakdown of payment rates and calculations

2. Insurance Requirements Schedule: Specific insurance coverage requirements and limits

3. Equipment Specifications: Detailed requirements for truck and equipment standards

4. Operating Procedures Manual: Company-specific protocols and procedures

5. Safety Compliance Checklist: Required safety measures and compliance items

6. Territory Map: Defined geographical area of operations when routes are territory-specific

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
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Industries

Fair Labor Standards Act (FLSA): Federal law establishing wage, overtime, and labor standards that must be considered even in independent contractor relationships to avoid misclassification

Internal Revenue Code Section 530: Federal tax provisions regarding worker classification and safe harbor rules for independent contractor status

FMCSA Regulations: Federal Motor Carrier Safety Administration rules governing commercial motor vehicle operations and safety standards

DOT Regulations: Department of Transportation requirements for commercial vehicle operations, including safety and operational standards

Hours of Service (HOS) Regulations: Federal rules limiting driving time and requiring rest periods for commercial drivers to prevent fatigue

Commercial Motor Vehicle Safety Act: Federal law establishing uniform standards for commercial driver's licensing and vehicle safety

IRS Independent Contractor Guidelines: Federal guidelines defining the criteria for proper classification of workers as independent contractors

ABC Test: Legal framework used in some states to determine worker classification status based on three critical factors

CDL Requirements: Commercial Driver's License regulations and requirements for operating commercial vehicles

Drug and Alcohol Testing Regulations: Federal requirements for substance testing programs in commercial transportation

Insurance Requirements: Mandatory insurance coverage including commercial auto liability, cargo, and general liability insurance

EPA Emissions Standards: Environmental Protection Agency regulations governing vehicle emissions and environmental compliance

Hazmat Regulations: Special requirements for transportation of hazardous materials under federal and state laws

ELD Regulations: Electronic Logging Device requirements for tracking driver hours and compliance with HOS rules

Vehicle Maintenance Requirements: Federal and state standards for regular vehicle inspection, maintenance, and documentation

Operating Authority Requirements: Federal and state permits and licenses required for commercial transportation operations

Record-Keeping Requirements: Mandatory documentation and record retention rules for commercial transportation operations

State Labor Laws: Various state-specific regulations governing worker classification and labor standards

Workers' Compensation Laws: State-specific requirements regarding workers' compensation coverage for independent contractors

Data Privacy Laws: Federal and state requirements for protecting driver and operational data collected during transportation activities

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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