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Owner Operator 411

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Showing posts with label resources. Show all posts
Showing posts with label resources. Show all posts

18 February 2009

4) Operating Authority or Leasing as it Applies to the Owner Operator









2001 Kenworth T600 





Becoming An Owner Operator
4) Operating Authority or Leasing?


See my other posts:

Blogs, Forums and Other Resources  
Texting Ban  
The Way it Was - A Short History of Trucking  
Pro and Cons of Being an Owner Operator   
FAQ for the Owner Operator  
Pictures    
Anti-Idling Regulations    
Definitions and Industry Terms 
Interactive Cost per Mile (CPM) Calculator Spreadsheet  
Privacy Policy   
 
1) Owner Operator 411 – Welcome  
2) Income and Expenses  
3) Financing and Credit 
5) Equipment 
6) How To Do Bookkeeping and Other Necessary Paperwork 
7) What You Need to Know About Loadboards  
8) Companies That Lease Beginning Owner Operators 
9) What You Actually Need to Get Started - Licenses, Permits, Insurance, and Taxes    
10) Truck Driving Schools  

I hope you got here by reading my previous posts (numbered 1 - 10) first. If not, I advise you to go back and do so. This post won't help you if you can't get the financing for a truck. If you don't understand how you will be making money (net), then I you are not ready for this step.

If, on the other hand, you understand that you will not get rich by owning your own big rig, have checked your credit report and Fico score, cleaned up all of your debt problems, and are sure you can secure a loan, then read on!

There are two types of owner operators. The one with their own authority, and the leased owner operator. For the purposes of this post, I am assuming you will be driving your own truck. If you are planning on hiring a driver you would be an owner, not an owner operator, but most of this information would still apply.

Your own AUTHORITY: This means that you are a “trucking company”, technically a carrier. You will probably have to buy a trailer. You will have to get your own permits, and pay your own taxes. You will have to find your own freight. 

The three different types authority are: Common Carrier, Contract Carrier, and Broker Authority.

COMMON CARRIERS provide for-hire truck transportation to the general public. Common carriers must file both liability (bodily injury & physical damage) insurance and cargo insurance. The definition of an "authorized for-hire” carrier is a person or company that provides transportation of cargo or passengers for compensation. If you are a for-hire carrier, in addition to the USDOT Number you will also need to obtain an Operating Authority (MC Number).     

CONTRACT CARRIERS provide for-hire truck transportation to specific, individual shippers, based on contracts. Contract carriers must file only liability (bodily injury and physical damage) insurance.
A contract carrier cannot broker loads without first applying for and receiving a license to operate as a broker of freight.

BROKERS (brokers are not owner operators) arrange for the truck transportation of cargo belonging to others, for compensation, utilizing for-hire carriers to provide the actual truck transportation. Brokers must file either a surety bond or trust fund agreement.

If you want to get your own authority, there are lots of companies that can help you, such as (OOIDA). We are members of OOIDA and have been since just after they started, about 40 years ago. They are one of the best things I have ever spent my money on. Membership dues are only $45.00 a year, but sometimes they run a special. Includes a subscription to “Land Line” magazine, in print, digital, or both.  (If you have a CDL, you can get their magazine without being a member.)  In addition to helping you get your own authority, they offer discounts and rebates on equipment, they have truck, health, and life insurance, a drug and alcohol consortium, retirement plans, fuel cards, load boards, business information services, and much more!

Most owner operators are leased to a trucking company – a common carrier or a contract carrier. Actually, you are not leased, your truck is. When you lease your truck to a trucking company, they provide you with services and charge you for them (see "Income and Expenses" post). What services they provide and how much they charge you varies from company to company, so ask a lot of questions before you lease on your truck and find out exactly what they do and what you would have to do. Some of the common services provided: 
1. they buy your license plates (and usually you have to reimburse them,
2. they pay fuel taxes,
3. they buy the permits,
4. they do all the record keeping and reporting for fuel taxes and permits, and/or
5. they provide you with a trailer (charging you rent) 6. they find and dispatch loads.   These are all things you would have to do and pay for yourself if you had your own authority.   You need to check with trucking companies and see if they have enough freight and if they are leasing on more trucks. Ask other drivers of the company you think you might like to lease to if they are happy (they will probably say no), how much they gross, and how much they net (they will probably lie), and if they are planning to stay with the same company they are leased to. Why did I say they will probably tell you they are unhappy? Because truckers are notorious for complaining. They complain about the dispatchers, the loads, the dispatchers, the truck, the dispatchers, the pay, and, oh, did I mention the dispatchers? So, when they tell you how unhappy they are, ask them how long they have been with that company.  If it is more than a year or two, they are probably happy.  I also called them liars, but in reality, they just like to stretch the truth.  Most people will tell you they are doing a lot better than they really are, but then you also get those who just like to exaggerate in the other direction. Ask to see their revenue statements. A lot of them will be glad to show you.  After you have asked all of your questions, DON'T sign your lease until you have read it completely and understand what it says.   You are the lessor (the party who is giving the right for the use of the equipment).  The company is the lessee (the party getting the use of the equipment).   The lease is a legal contract.  It spells out what what percentage or mileage rate they pay, what expenses you are responsible for, and what expenses they are responsible for.  It should tell you when you will be paid and how (percentage or mileage).  It will tell you who is responsible for fines, damages, and losses. It will tell you if you have to have an escrow account.
"Escrow fund – Money deposited by the lessor with either a third party or the lessee to guarantee performance, to repay advances, to cover repair expenses, to handle claims, to handle license and State permit costs, and for any other purposes mutually agreed upon by the lessor and lessee"
Although you can be required to carry insurance on your equipment, you can not be required to buy your insurance through the company you are leased to.  They can not require you to have work done in their shop, rent or buy equipment (covers anything from load locks to trucks) from them, or buy their fuel.  You are an independent, and as such have the right and option of obtaining your own services or equipment from where ever you want.  This does not mean that you can't use their equipment or services, it just means you can't be required to.   If you are being paid a percentage, you have a right to see the freight bills, showing the amount the load pays.   If you have your own authority, none of the leasing information applies to you unless 1) you lease a truck from someone else (you are the lessee) or 2) you lease your equipment to someone (you are the lessor), which you can do.  
 
Alphabet soup definitions:
USDOT: United States Department of Transportation
MC: Motor Carrier
FMSCA: Federal Motor Carriers Safety Administration
OOIDA: Owner Operators Independent Drivers Association
ICC: Interstate Commerce Commission. An agency which used to regulate the trucking (and railroad) industry, but is no longer in existence. It was disbanded in 1995.
IRP: International Registration Plan is a registration reciprocity agreement among jurisdictions in the United States and Canada which provides for payment of (truck) license fee on the basis of fleet miles (even if it is only one truck) operated in various jurisdictions
HUT or HVUT: Heavy (Vehicle) Use Tax - A federal tax imposed annually
CDL: Commercial Drivers License
IFTA: The International Registration Plan (IRP) is a reciprocal agreement that authorizes the proportional registration among the jurisdictions (states) of commercial motor vehicles. This means if a truck is operated in multiple jurisdictions, the owner must annually report mileage driven in each state and taxes are paid proportionately based on the mileage driven. The good news is the owner may pay those taxes in one jurisdiction—referred to as the base jurisdiction or base state. Vehicle owners are required to register under IRP, if:
    • their vehicle is over 26,000 pounds gross vehicle weight (GVW); or
    • has three or more axles, regardless of weight; or
    • is a power unit and trailer whose combined GVW is in excess of 26,000 pounds, and
    • your truck operates in at least two IRP jurisdictions
    Resources:
    FMSCA frequently asked questions – registration and licensing: "FMCSA"
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    3) Getting Started – Financing and Credit for the Owner Operator










     
    2001 K Whopper (Kenworth)


     Becoming An Owner Operator

    3) Getting Started - Financing and Credit


    See my other posts:

    Blogs, Forums and Other Resources
    Texting Ban
    The Way it Was - A Short History of Trucking
    Pro and Cons of Being an Owner Operator
    FAQ for the Owner Operator
    Pictures
    Anti-Idling Regulations
    Definitions and Industry Terms
    Interactive Cost per Mile (CPM) Calculator Spreadsheet
    Privacy Policy
     

    1) Owner Operator 411 – Welcome
    2) Income and Expenses
    4) Operating Authority or Leasing?
    5) Equipment
    6) How To Do Bookkeeping and Other Necessary Paperwork
    7) What You Need to Know About Loadboards
    8) Companies That Lease Beginning Owner Operators
    9) What You Actually Need to Get Started - Licenses, Permits, Insurance, and Taxes
    10) Truck Driving Schools


    Now that you know how much money you can really earn, your next step, if you still think you want to be an owner operator, is to decide if you can afford it.

    Do you want to be a truck driver, or a businessman? Most people think they can just buy a truck and roll, but there is a lot more to it than that. In the first place, a truck can cost anywhere from $30,000.00 for a used one to $150,000.00 for a new one.

    You have to look a your complete financial picture and figure out if you can even afford to purchase a truck, much less all the expenses that go along with it.

    First, you want your new business to be a money making enterprise, so you don't want to start out too much in debt. Your truck payments will run from $1,000.00 to $2,500.00 a month. As you can see, you will have to have a good credit history before you can even buy a truck.

    Many banks and credit unions will want a written business plan when you try to get a loan. This will tell them how you think you will be able to pay back the money you borrow from them.


    The first thing you need to do is check your credit report and Fico score before even applying for a loan. Everyone is entitled to an annual free credit report from each of the three credit bureaus: Equifax, TransUnion and Experian. Check with all three, as they do not provide the same information. If you find any mistakes, have them taken care of before you try to get a loan. Banks will look at your Fico score. The credit bureaus will let you buy your credit score. These are not the same thing, but a credit score should give you an indication of your FICO score (if one is high the other should be high, and vice versa.

    Before you try to get a loan, you need to get your business license, so that you can get a business loan. I will write about setting up your business structure (sole proprietor, partnership, LLC, S corporation, or corporation) in a later post. I was going to do that in this post, but decided to wait because if you can't buy a truck, there isn't any reason to start a business, so we need to concentrate on financing before we start talking about ways to make money. In a way, it is just like the old saying, “You have to have money to make money.”

    See: Types of Entities in Section 6) How to Do Bookkeeping and Other Necessary Paperwork for the Owner Operator - Permits and Taxes 
    When we bought our first truck, we paid $3,000.00 for it and the person we bought it from financed it for us. Boy! Are those days ever gone. Diesel was 34 cents a gallon, milk was 50 cents a gallon, and I walked 5 miles to work, uphill, both ways, in the snow, winter and summer.

    Seriously, though, we went into debt to get our first truck, and so will you. In planning how much you need, don't forget all the other expenses. If you don't buy a brand new truck, you will probably have to put some maintenance into it before you can put it to work. If you are lucky enough to find a truck that really is ready to go on the road, you still aren't out of the woods. On your very first trip, all kinds of bad things can happen, and you need to be prepared. You may blow a tire and have to replace it (cost about $250.00), or you may blow an engine (cost $10,000.00 and UP)

    Not only do you have to have the money to pay for these things, you will have to have the money to live on while you are getting the repairs done. If you blew an engine, it can take a week or more to have it repaired or replaced. Don't forget that $1,000.00 to $2,500.00 truck payment. If you are down for a week, you still have that payment coming due (and other fixed expenses like owner operator insurance, taxes, and licenses) – and you are not only spending money for repairs, you are not making any money. The moral is, you need to have some extra money in the bank to fall back on.

    Anyone can have breakdowns, anytime, for any reason. I knew a guy once who bought a brand new truck and he had to have the engine replaced 3 times in a year. Yes, it was under warranty, but as I said above, he still had payments coming due, and no income each time it was in the shop having the engine replaced.

    Of course, he had a lemon, and it is unusual for something like that to happen, but it does go to show, you just never know. I would like to say the best way to not have a breakdown is preventive maintenance. I can't stress that enough. If you hear a whistle in the turbo, don't just sing along with it until it becomes a scream. Have it fixed at the very first chance you get. Believe me, it will pay off in the long run.


    When I first wrote this blog, the economy was in the tank.  Fortunately, things are much better now, and carriers are looking for OOs to lease on with them, and freight is more available for those with their own authority.  Unfortunately, freight rates hasn't kept pace with the cost of doing business.  There are good loads to be had, but you have to be diligent in finding them.


    DON'T HAUL CHEAP FREIGHT !!

    Resources:

    SCORE: www.score.org This is an excellent resource, and best of all, it is entirely free! They have mentors, online or in person to answer your questions and help you make business decisions. They have online workshops, including one titled, “Can you afford to start?” which will help you answer a lot of the questions raised in this post. If you are serious about starting your own business, don't skip this website.

    SBA (Small Business Administration): www.SBA.gov/ They have information about all kinds of things to do with small businesses, as well as online training about how to start a business and how to write a business plan. They even give loans.

    OOIDA (Owner Operator Independent Drivers Association): www.ooida.com They give out tons of advice, publish a magazine, make equipment loans, and sell owner operator insurance and truck insurance.

    An accountant: They can do tax consultation as well as bookkeeping.

    Your local bank or credit union: In addition to making loans, some have legal departments which can help you set up a LLC or corporation.
    If you have a favorite resource, let us know and share it with others.





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