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(Interstate) as carrier. Shipper’s Transport, Calko, and
Interstate are hereinafter referred to collectively as the
carriers. Messrs. Escobar, Batres, and Perez are collectively
referred to as the owner-operators.
While the specific terms of the three documents vary, the
general tenor is the same. Their purpose is to enable the
carriers to obtain transportation services through the lease of
tractor equipment owned by an independent contractor, said
tractor to be furnished with a qualified driver. Each owner-
operator purports to lease his tractor-truck to the carrier
company. Each owner-operator warrants that the equipment will be
in good condition, that he will place placards on the vehicle
showing that it is operated by the carrier, that he agrees to
operate the vehicle as an independent contractor, and that he
will be responsible for all expenses necessary for the operation
of the equipment. Compensation for the agreements will be paid
by carriers in accordance with a schedule, not included in the
record, but apparently reflecting an industrywide schedule of
tariffs. (The Court understands that the compensation for
transporting the cargo is generally divided 60-40 between the
carrier and the owner-operator for standard size and distance
hauls.) Under these agreements, the carrier assumes liability
for bodily injuries to or the death of any person resulting from
negligent operation, maintenance, or use of the equipment, but
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Last modified: May 25, 2011