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drivers were free to supply any additional equipment at their own
cost. Drivers paid for their own gloves, hand tools, and meals.
If a driver’s relationship with petitioner was severed, the
driver was free to take any equipment or accessories he or she
had provided.
Petitioner paid for all fuel, oil, highway use taxes, and
normal maintenance and repairs required to operate its trucks.
Petitioner was solely responsible for determining the nature and
timing of any repairs and/or maintenance of its trucks, and its
mechanics performed all the maintenance and repairs.10 The
drivers were not required to make any repairs or perform any
maintenance to the trucks, but they were obligated to comply with
the Federal motor carrier safety regulations, including those
provisions which required pretrip inspections.
Drivers were paid, on a weekly basis, between 23 percent and
27 percent of the 75 percent petitioner received for each hauled
load. The more loads a driver hauled each week, the more money
he or she earned.11
10 However, if a truck broke down in an area where it was
not feasible for petitioner to send one of its mechanics to make
repairs, or if the repairs needed were extensive, petitioner
hired a third party to make the repairs.
11 However, drivers were limited by the Federal motor
carrier safety regulations as to the amount of time they could
drive each day.
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Last modified: November 10, 2007