Quote:
Originally Posted by solo379
OK! Here is the answer i've got from OOIDA.
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I'm glad to see that you were able to get an answer from OOIDA. I called and talked to a male (I cannot recall his name) who couldn't explain why the wording would read the way it does. The whole point of having things in writing is so a point can be made with little room for debate. Nonetheless he seemed to agree with what you were told as well. It is obvious, to me anyway, that the passage as written clearly means the carrier has complete control of the equipment. If the author of that passage meant what you have indicated, he or she could have easily stated what you and OOIDA discussed. I agree that a leased on operator doesn't have to do what the carrier says or go where the carrier wants him or her to go... terminating the lease is always an option.
I will make this observation about my experience with OOIDA: They do a lot of good in our industry, but they do have their faults. They seem to be primarily set up to favor the leased on operator. I looked at the sample lease they provide to anyone who asks and realized that only a fool (as a carrier) would ever enter into that agreement without serious modifications. It would be interesting to have a contract attorney review the lease or even see it tested in court to see what the outcome is.
Since I’m not willing to pay for independent legal counsel on something that isn’t an issue with me (I’m leased to my own LLC and doubt I’ll ever sue myself) and only know criminal attorneys whom I could get free advice from, I’ll concede for now that at a minimum OOIDA’s advice may be general wisdom in our industry.