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Truck Driver Subcontractor Agreement
"I need a Truck Driver Subcontractor Agreement for our Cape Town-based logistics company that will be engaging 5 independent drivers starting March 2025, with specific provisions for refrigerated cargo transport and cross-border operations into Namibia and Botswana."
1. Parties: Identification of the Principal Company and the Subcontractor Driver, including full legal names, registration/ID numbers, and physical addresses
2. Background: Context of the agreement, nature of the Principal's business, and the purpose of engaging independent truck drivers
3. Definitions: Key terms used throughout the agreement, including technical and industry-specific terminology
4. Independent Contractor Status: Clear establishment of the subcontractor relationship and explicit disclaimer of employment relationship
5. Scope of Services: Detailed description of transportation services to be provided, including routes, types of cargo, and service standards
6. Compliance Requirements: Obligations regarding licenses, permits, certifications, and compliance with transportation laws
7. Vehicle Requirements: Specifications for truck maintenance, inspections, and compliance with safety standards
8. Operational Procedures: Daily operational requirements, reporting procedures, and communication protocols
9. Payment Terms: Compensation structure, payment schedule, fuel arrangements, and expense policies
10. Insurance and Liability: Required insurance coverage, allocation of risk, and indemnification provisions
11. Safety and Health Requirements: Safety protocols, accident reporting procedures, and health & safety compliance
12. Term and Termination: Duration of agreement, renewal terms, and termination conditions
13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement provisions
1. Equipment Provision: Used when the Principal Company provides the truck or equipment to the subcontractor
2. Exclusivity Clause: Include when requiring the subcontractor to work exclusively for the Principal Company
3. Performance Metrics: Detailed performance standards and KPIs when specific metrics need to be tracked
4. Training Requirements: Include when specific training or certification programs are mandatory
5. Fuel Card Program: Terms for fuel card usage when the Principal Company provides fuel cards
6. Load Security Procedures: Specific procedures for high-value or sensitive cargo transportation
7. Cross-Border Operations: Additional requirements for drivers operating across international borders
1. Schedule A - Rate Card: Detailed breakdown of payment rates, including per kilometer rates, loading/unloading fees, and other charges
2. Schedule B - Required Documentation: List of required licenses, permits, and certifications that must be maintained
3. Schedule C - Operating Procedures: Detailed operational procedures, including loading/unloading protocols and safety checklist
4. Schedule D - Vehicle Specifications: Technical requirements and maintenance standards for vehicles
5. Schedule E - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
6. Appendix 1 - Incident Report Form: Standard form for reporting accidents, incidents, or cargo issues
7. Appendix 2 - Route Maps: Approved routes and delivery points
8. Appendix 3 - Safety Protocols: Detailed safety procedures and emergency response protocols
Authors
Transportation and Logistics
Manufacturing
Retail Distribution
Mining
Agriculture
Construction
Fast-Moving Consumer Goods (FMCG)
Waste Management
Oil and Gas
Food and Beverage
Legal
Operations
Logistics
Fleet Management
Human Resources
Risk Management
Compliance
Health and Safety
Procurement
Contract Administration
Logistics Manager
Fleet Manager
Operations Director
Transport Manager
Compliance Officer
Risk Manager
Contract Administrator
Safety Officer
Human Resources Director
Procurement Manager
Legal Counsel
Independent Truck Driver
Transportation Coordinator
Route Planner
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