Driver Subcontractor Agreement Template for United States

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Key Requirements PROMPT example:

Driver Subcontractor Agreement

"I need a Driver Subcontractor Agreement for my e-commerce company that will engage 20 independent drivers in California, with specific clauses about electric vehicles and sustainable delivery practices, starting from January 2025."

Document background
The Driver Subcontractor Agreement is essential for companies operating in the U.S. transportation sector that engage independent drivers rather than employees. This document ensures compliance with federal and state regulations while clearly defining the contractor relationship. It addresses crucial elements including service scope, payment terms, insurance requirements, safety standards, and regulatory compliance under DOT and FMCSA guidelines. The agreement is particularly important for maintaining proper independent contractor classification under IRS rules and protecting both parties' interests in the transportation service relationship.
Suggested Sections

1. Parties: Identification of the contracting parties (company and subcontractor)

2. Background: Context of the agreement and business relationship

3. Definitions: Key terms used throughout the agreement including relevant regulatory terms

4. Scope of Services: Detailed description of driving and related services to be provided

5. Payment Terms: Compensation, payment schedule, and related financial terms

6. Independent Contractor Status: Clarification of relationship and contractor responsibilities

7. Insurance Requirements: Required insurance coverage and minimum limits

8. Compliance with Laws: Obligation to comply with applicable regulations including DOT, FMCSA, and state requirements

9. Term and Termination: Duration and conditions for ending the agreement

Optional Sections

1. Non-Compete: Restrictions on working with competitors (if allowed by state law)

2. Equipment Provisions: Terms regarding vehicle ownership, maintenance, and compliance with environmental regulations

3. Technology Requirements: Requirements for using company software/systems and data protection obligations

4. Drug and Alcohol Policy: Specific requirements for drug and alcohol testing and compliance

Suggested Schedules

1. Schedule A - Service Areas: Detailed list of geographic service areas and route specifications

2. Schedule B - Rate Card: Detailed payment rates, calculations, and compensation structure

3. Schedule C - Insurance Requirements: Specific insurance coverage requirements and minimum limits

4. Schedule D - Safety Procedures: Required safety protocols, procedures, and compliance requirements

5. Schedule E - Vehicle Requirements: Specifications for vehicles, maintenance standards, and environmental compliance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Fair Labor Standards Act (FLSA): Federal law establishing wage, overtime, and labor standards that may impact contractor relationships and compensation structures

Internal Revenue Code (IRC): Federal tax regulations governing independent contractor classification and tax reporting requirements

DOT Regulations: Department of Transportation rules governing commercial vehicle operations, safety standards, and driver requirements

FMCSA Regulations: Federal Motor Carrier Safety Administration requirements for commercial motor vehicle operations and safety standards

Hours of Service (HOS): Federal regulations limiting driving time and mandating rest periods for commercial drivers

CDL Requirements: Commercial Driver's License regulations and maintenance requirements for commercial vehicle operators

Interstate Commerce Regulations: Federal rules governing transportation across state lines and related commerce requirements

IRS Independent Contractor Guidelines: Specific IRS criteria for determining worker classification as independent contractor versus employee

ABC Test: State-specific test used in some jurisdictions to determine worker classification status

Commercial Auto Insurance: Mandatory insurance coverage requirements for commercial vehicles and operations

General Liability Insurance: Required insurance coverage for general business operations and potential liabilities

Workers' Compensation: State-specific insurance requirements for workplace injuries and related compensation

State Labor Laws: Specific state requirements governing working conditions, compensation, and contractor relationships

OSHA Regulations: Occupational Safety and Health Administration standards for workplace safety and health

Vehicle Maintenance Requirements: Federal and state regulations regarding vehicle inspection, maintenance, and safety standards

Drug and Alcohol Testing: Federal and state requirements for substance testing in commercial transportation

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions and contracts

Data Protection Requirements: Regulations governing the collection, storage, and use of driver and operational data

GPS Tracking Regulations: Laws governing the use of GPS tracking systems and location data collection

Environmental Regulations: EPA and state-specific environmental requirements including emissions standards and environmental protection measures

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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