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accordance with the leases. Consequently, petitioner was
required to direct, supervise, pay, discipline, and discharge its
drivers.5 Petitioner was also responsible for determining the
days and hours per day the drivers worked, the routes traveled,6
and the order of picking up and delivery of shipments and
ensuring that the drivers had the appropriate commercial drivers’
licenses.7
The leases also required petitioner to submit completed
drivers’ logs to Ohio Transport and to “cooperate in the
preparation, carrying and preservation of manifestos, bills of
lading, way bills, freight bills, and other papers and records
respecting the lading and the use of equipment, all in accordance
with applicable laws and regulations”.
5 The leases required petitioner, not Ohio Transport, to
withhold and pay employment taxes for its drivers and pay the
premiums for workers’ compensation or employers’ liability
insurance to cover the drivers.
6 However, the parties stipulated that the drivers
determined the routes to travel, not petitioner.
7 Petitioner was required to confirm that the drivers
complied with all applicable laws, government rules, regulations,
and orders. Ohio Transport and its insurer also determined
whether the drivers had the appropriate credentials and driving
records to operate the leased equipment.
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Last modified: November 10, 2007