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about vehicle agreement.


28-Nov-2023 (In Motor Accident Law)
i want to give my car to driver for business . but i want to create a agreement if my driver do anything wrong like accident . then i am not responsible can i make that type of contract . or how can i safe my vehicle .
Answers (1)

Answer #1
561 votes
YEs you can make an agreement. Kindly find attached a sample of the agreement which is made in UK

Driver Service Agreement

This Agreement, made this _____________day of _____________, 20___ by and between Transportation Support, Inc., whose principal office is at 721 Gadsden Highway, Birmingham, Alabama, 35235. (hereinafter referred to as LESSOR), and

_____________________________________ whose principal office is at

_____________________________________, (hereinafter referred to as LESSEE.)

In consideration of the mutual agreements contained herein, the parties agree as follows:

1. DRIVERS. Lessor shall supply drivers on an as needed basis to Lessee as a carrier in intrastate and interstate commerce. Lessor shall supply drivers who are qualified and licensed to operate vehicles in accordance with applicable laws, rules and regulations of the various states. The Interstate Commerce Commission and/or the Department of Transportation, and shall furnish driver qualification file records as may be required by said laws, rules and regulations.

2. DRIVER COMPENSATION. Lessor shall hire and discipline all of its employees and shall pay the driver’s wages. Lessor, as required by law, will provide Worker’s Compensation coverage and will pay all state and federal taxes imposed with respect to all person’s employed by Lessor in the performance of this agreement.

3. LABOR. It is understood and expressly agreed by the parties hereto that in the performance of this Agreement, Lessor and/or its employees, including drivers, are not the agents or employees of the Lessee under the Labor Management Relations Act for 1947 or any other state or federal law governing employment, but that Lessor is an independent contractor, and any agents and employees used by it in the performance hereunder shall be deemed to be under Lessor's exclusive management.

4. CHARGES. Lessee shall pay Lessor for all charges outlined on schedules and other payments required to be made by Lessor herunder, including all payments made to or for the benefit of the drivers supplied herunder, pursuant to any statute or governmental regulation; and to pay Lessor a service fee in accordance with attached Schedule A. Lessee agrees to indemnify Lessor for all costs that Lessor is required to incur in order to resolve claims by drivers for services performed on behalf of Lessee. Lessee shall not be responsible for costs, under this paragraph, which are the fault of Lessor. Lessor shall render to the Lessee weekly invoices evidencing the amounts owed from Lessee to Lessor herunder and the Lessee shall pay such invoices upon receipt therof without deduction or set-off. Lessee shall pay to Lessor a late payment of 2% per month (or the highest lawful rate, whichever is less) of the overdue amounts for the period of the delinquency, plus a reasonable attorney’s fee for collection should Lessee’s account be placed in the hands of an attorney for collection.
5. CONTROL OF TRANSPORATION SERVICE. Lessee shall control, direct, supervise and take all responsibility for its transportation services with respect to the various work activities performed by the drivers including, but not limited to, scheduling, routing, specified origins and destinations, and the receipt and delivery of Lessee’s products. Subject to Lessors obligations as stated in paragraph (1) above.

6. REGULATIONS. Lessee agrees to assume all responsibilities for the driver’s compliance with the United States Department of Transportation Regulations and other applicable state laws and federal regulations and to indemnify, defend and save harmless Lessor against any loss, expense, fines or penalties incurred by Lessee’s violation of any such laws or regulations. Lessee shall obtain and maintain copies of such regulatory data and make it available to Lessor upon Lessor’s request.

7. INSURANCE. Lessee agrees to provide and maintain, on each vehicle operated by a driver supplied by LESSOR, Automobile Public Liability Insurance for Bodily Injury and Property Damage with coverage in an amount as required by the Motor Carrier Act of 1980. Lessor shall be named as additional insured with respect to liability resulting from ownership, custody, maintenance, use or operation of the vehicles.

8. INDEMNIFICATION. The Lessee agrees to indemnify, defend and save harmless Lessor from real or asserted liabilities, including the cost of defense, connected with or resulting from the ownership, custody, maintenance, use or operation of the vehicles hereunder, which liabilities are not covered by the insurance provided by the Lessee, or provided liability is not a result of Lessor’s negligence, if covered, is in excess of the policy limits required by this Agreement. Said indemnification shall include, but not be limited to, any liability resulting to Lessee or any 3rd party by reason of delay of delivery, failure to deliver products or loss of business.

9. REIMBURSEMENT. Lessee shall pay Lessor, as reimbursement to Lessor for Lessor’s cost and reasonable expectations, the sum of Two Thousand Five Hundred Dollars, ($2,500.00), for each of Lessor’s employees hired by Lessee within the first 180 days of employment. After the 180 days of employment then Lessee has the option to employ Lessor’s employee with no further monetary obligation to Lessor. In order for Lessee to hire a former Lessor employee the former employee must have been no longer under Lessor’s employment for a time frame of (60) days.

10. PAYROLL INFORMATION. Lessee shall provide Lessor with the weekly payroll information, (as indicated on Schedule “B”). This information shall be communicated at Lessee’s expense to the nearest facility of Lessor.

11. TERM. This Agreement begins on the day and date first written above. Thereafter, either party may terminate this Agreement by giving the other party thirty (30) days prior written notice of its intent to terminate. If Lessee defaults in the payment of invoices, as provided in Paragraph (4) herein, Lessor shall have the right to immediately terminate this agreement and to remove all drivers provided hereunder and shall incur no liability for said removal.
12. COLLISION OF CASUALTY. Lessor shall not be responsible and shall be held harmless and indemnified for loss or damage to the vehicles or equipment operated by drivers irrespective of any allegations or negligence on the part of Lessor or any of Lessor’s agents or employees by reason of collision, fire, flood, windstorm, explosion, or other casualty, or by reason of theft. Lessor shall also be held harmless and indemnified for loss or damage to cargo carried in such vehicles or equipment.

13. MISCELLANEOUS. This document, together with Schedules, constitutes and will constitute the full, complete, absolute and entire Agreement. If any provision of this Agreement is invalid under the laws of any state where used, such provisions shall be deemed not be a part of this Agreement in such state, but shall not invalidate any other provision hereof. This Agreement shall be governed by the laws of the State of Alabama, and any litigation that may arise concerning the performance or non-performance of this Agreement, shall be filed and fully disposed of in the Courts of Jefferson County, Alabama. The Lessor shall not be responsible for any damage or loss of business caused by, war, fire, strike, picketing, accidents, acts of God, labor trouble, civil disturbances, riots, or other causes beyond the reasonable control of Lessor.


IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement for full performance at the date first above written.


Transportation Support, Inc.,
“LESSOR”

By: ________________________________

Title: ______________________________

___________________________________
“Lessee”

By: ________________________________

Title: _______________________________

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