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Trucking Subcontractor Agreement for the United States

Trucking Subcontractor Agreement Template for United States

A Trucking Subcontractor Agreement is a legally binding document used in the United States that establishes the relationship between a prime contractor (trucking company) and a subcontractor for transportation services. The agreement ensures compliance with federal and state regulations, including FMCSA requirements, while defining operational responsibilities, payment terms, insurance requirements, and safety standards. It protects both parties' interests while maintaining regulatory compliance across state lines.

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What is a Trucking Subcontractor Agreement?

The Trucking Subcontractor Agreement serves as a critical document in the transportation industry, establishing clear terms between trucking companies and their subcontractors. This agreement is essential when a primary trucking company needs to expand its capacity or coverage area through subcontracted services. The document ensures compliance with U.S. Department of Transportation regulations, state-specific requirements, and industry standards while protecting both parties' interests. It covers crucial aspects such as service scope, payment terms, insurance requirements, safety standards, and regulatory compliance obligations.

What sections should be included in a Trucking Subcontractor Agreement?

1. Parties: Identifies and defines the contracting parties (Prime Contractor and Subcontractor)

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 subcontractor

5. Compliance Requirements: Outlines regulatory compliance obligations including FMCSA, DOT, and state requirements

6. Payment Terms: Specifies rates, payment schedule, and payment methods

7. Insurance Requirements: Details required insurance coverage and minimum limits

8. Safety and Operating Standards: Establishes safety protocols and operating procedures

9. Term and Termination: Specifies contract duration and termination conditions

What sections are optional to include in a Trucking Subcontractor Agreement?

1. Fuel Surcharge: Terms for fuel cost adjustments when fuel price fluctuations need to be addressed

2. Hazardous Materials: Special requirements for hazardous materials transport when such transportation is involved

3. Equipment Lease: Terms for equipment leasing arrangements when the contractor provides equipment to the subcontractor

4. Cross-Border Operations: Requirements for international transport when operations involve cross-border transportation

What schedules should be included in a Trucking Subcontractor Agreement?

1. Rate Schedule: Detailed breakdown of rates and compensation

2. Insurance Certificates: Copies of required insurance certificates

3. Operating Licenses: Copies of required licenses and permits

4. Safety Protocols: Detailed safety procedures and requirements

5. Equipment Schedule: List of approved equipment and specifications

6. Service Areas: Map or description of authorized service areas

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

FMCSA Regulations: Federal Motor Carrier Safety Administration regulations governing interstate commercial vehicle operations, safety standards, and carrier responsibilities

DOT Requirements: Department of Transportation requirements covering vehicle standards, driver qualifications, and transportation safety protocols

Hours of Service (HOS) Regulations: Federal regulations limiting driving hours and mandating 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 requirements

Fair Labor Standards Act: Federal law establishing wage, overtime, and labor standards, relevant for worker classification and compensation

IRS Independent Contractor Guidelines: Federal tax guidelines defining criteria for independent contractor classification and tax obligations

Motor Carrier Act of 1980: Federal law establishing insurance requirements and liability standards for motor carriers

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

Hazardous Materials Regulations: Federal requirements for transportation of hazardous materials, including handling, documentation, and safety protocols

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

Uniform Commercial Code: Standardized state laws governing commercial transactions and contracts

Carmack Amendment: Federal law governing carrier liability for loss or damage to interstate shipments

ELD Requirements: Electronic Logging Device regulations mandating the use of electronic systems to track driver hours and compliance

Truth-in-Leasing Regulations: Federal regulations governing lease agreements between motor carriers and owner-operators

Vehicle Maintenance Standards: Federal and state requirements for regular vehicle maintenance, inspections, and safety compliance

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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