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broker. The driver was never paid for the time spent locating a
return load, and the driver was always responsible for his own
living expenses while on the road. Almost without exception, the
drivers slept in the trucks rather than in motels.
Petitioner paid the drivers 25 cents per mile for driving a
truck hauling a load, whether the driver or petitioner arranged
for the load, and, usually, 12-1/2 cents per mile for driving a
truck pulling an empty semitrailer. Some shipments were required
to be off-loaded upon delivery. In these instances, petitioner
allowed the driver $50 to $100 to hire a "lumper" to perform the
offloading; however, if a driver preferred to do the work
himself, the driver would be paid the lumper's fee.
Petitioner paid the acquisition and maintenance costs of the
trucks and all operating expenses including insurance, fuel, oil,
repairs, tolls, and scale charges. The drivers provided their
commercial driver's licenses and carried their own mechanic's
tools, which they used occasionally to make minor repairs to the
trucks (e.g., replace a burned-out flasher or fuse) while in
transit.
If a truck required a repair that prevented the operation of
the vehicle, e.g., a tire blowout, the driver would turn the
truck over to a professional truck mechanic for the repair work.
In these instances, petitioner would authorize the repair over
the telephone. If a truck had a mechanical problem that did not
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