Who is Responsible for Filing IFTA?

Sample TN IFTA Tax Return

How Does IFTA Apply to Carriers Operating on Lease Agreements?

Generally, the owner of the vehicle is responsible for reporting and paying fuel taxes.

However, some lease agreements specify which party —the lessor (owner) or the lessee —will be responsible for reporting fuel taxes. The responsible party should obtain the IFTA license and file quarterly taxes.

No matter who obtains the IFTA license, the driver of an IFTA-licensed vehicle must carry a copy of the license and the vehicle must display IFTA decals.

We also recommend that a copy of the lease agreement be kept in the vehicle's cab.

Keep your eyes on the road

US DOT Bans Texting at the Wheel

Texting while Driving

The US Department of Transportation (USDOT) today (01/26/2010) announced federal guidance to expressly prohibit texting by drivers of commercial vehicles such as large trucks and buses. The prohibition is effective immediately and is the latest in a series of actions taken by the Department to combat distracted driving.

The Department wants the drivers of big rigs and buses and those who share the roads with them to be safe, and will be taking more steps to eliminate the threat of distracted driving.

The action is the result of the Department's interpretation of standing rules. Truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750.

"Our regulations will help prevent unsafe activity within the cab."
- Anne Ferro, Administrator for the Federal Motor Carrier Safety Administration (FMCSA).

FMCSA research shows that drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road. Drivers who text while driving are more than 20 times more likely to get in an accident than non-distracted drivers. Because of the safety risks associated with the use of electronic devices while driving, FMCSA is also working on additional regulatory measures that will be announced in the coming months.

Visit www.distraction.gov to learn more about the efforts the U.S. Department of Transportation is working on to combat distracted driving.

How do I pay my OTR drivers and owner-operators?

The trucking business provides unique challenges for business-owners when it comes time to paying employees who are rarely physically present at the office or main business location on payday. Truck drivers cannot be expected to try to make it back to the office so that they may pickup their weekly or bi-weekly paycheck, hence the challenge to small truck-business owners: How do you pay your over-the-road (OTR) drivers and owner-operators?

Book-Keeping Record System

The first challenge involves calculating the proper payroll numbers based on how you pay your drivers, i.e. by the mile, by number of hours worked, or on a load by load basis.

You should begin by setting up an accounting system that is appropriate for your type of business operation, and also easy to use. There are many good accounting software packages in the marketplace, but few make the grade when it comes to trucking operations.

TSC provides cutting edge accounting capabilities and book-keeping specifically designed for trucking operations. Using TSC, you should be able to run real-time reports that provide answers to such questions like:

  • How much is my paycheck this pay-period?
  • Can I get a summary of all miles ran in this pay-period?
  • Can you print the last 5 pay stubs for a specific driver or employee?
  • Can you print or provide a summary of all activity by certain equipment or drivers?

If your current system cannot answer questions like this in real-time, you should look into TSC -We can help.

Electronic Transfers and Payroll Cards

In my experience the easiest, safest and most cost-effective way to pay remote employees (workers who are not regularly based at the home office), is by payroll card. There are numerous vendors who provide payroll card services.

When selecting a payroll card vendor, choose one that has low transaction costs for both you and the employee. Some vendors charge you to load money on the cards, and also charge the employee for using the card -avoid those vendors. Choose one that has an upfront pricing strategy, and which also provides additional services like fuel and supply purchase management.

Check these tips for choosing a Payroll Card

In the past I have used T-Chek with great success, but there are others like Comdata and FlyingJ PDCA Money Card that work well, and are specific to the needs of the transportation industry.

W2 or 1099?

This is a frequently asked question for small business owners who use independent contractors in their business.

It is critical that you, the business owner, correctly determine whether the individuals providing services are employees or independent contractors. Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors. If you are an independent contractor and hire or subcontract work to others, you will want to check the IRS website to determine whether individuals you hire are independent contractors (subcontractors) or employees.

Is Your Freight Broker Legit?

Bogus Broker

First off -who, or what is a Broker or Agent, or Consignor?

A Freight Broker or Freight Broker Agent as they are sometimes called is the entity that arranges transportation services between shippers, receivers and your company. In almost all cases they are the ones whom you invoice to pay the freight bill. If your company acts as its own freight broker, that is good news because you are ahead of the competition. However, even trucking companies that find their own freight sometimes need a Freight Broker to secure a load.

For the purpose of this discussion, we will refer to as Freight Brokers all those known by various names but who we have identified as the entities that act as third parties to the actual Shippers, Consignors or Consignees.

Freight Brokers are regulated by the US Department of Transportation (www.fmcsa.dot.gov) . They are required to obtain and maintain a Property Brokers License, a Surety Bond (BMC-84) or Trust (BMC-85) that can be tapped to pay freight-bill claims, and be properly registered with the Uniform Carrier Registration (UCR) program that was introduced around 2007/2008.

Some Freight Brokers also carry contingent liability insurance that covers them in case of a claim that is not covered by a shipper's or trucking company's cargo liability insurance. -Yes! That's right -shippers also carry cargo liability that covers such things as cargo going bad, damage caused by their cargo to property, etc. Shippers rarely reveal that they carry any insurance on the cargo they tender for transport. -A 10 seconds thought process should reveal that when you have a size-able interest in your cargo, you'd want some peace of mind and not just entrust 100% that Joe Broker or Speedy Transport will have the necessary or adequate insurance to cover loss/damage.

So now that you know who a Freight Broker is, how do you check at the time you are about to take a load from them whether they are still legit from last week?

There are several ways that you can do this, and some processes that you should implement in your truck business model to ensure that your broker is not just legitimate, but is also financially sound enough to pay you for the load.

  • Maintain a database of ALL Freight Brokers that your company works with. This database should be easily accessible and should be viewed as a business tool to help in your decision-making. Some easy ways to maintain such a database would be to create a spreadsheet or filing system that you consult every time you deal with the broker. Using a simple spreadsheet or manual process can get out of hand very quickly, not to mention that it doesn't scale very well for use with other staff members in your business. I recommend a solid program like TSC (click here to learn more) which tracks and maintains Freight Broker data and has quick links to current information from the FMSCA database for each broker.

    Your Freight Broker database should contain as much data about the broker as possible, and include all contact information, payment history, transaction history, etc. Consult this database each time you work with the broker to verify information about the broker, and update any changed data.

  • Check the Freight Broker's credentials online. This is an absolute must every time to make sure the broker's license has not been revoked, or their BMC-84 Surety Bond / BMC-85 Trust fund has been removed. Current Freight Broker licensing information can be obtained on the FMCSA official website: http://li-public.fmcsa.dot.gov/LIVIEW/pkg_carrquery.prc_carrlist free of charge. A regular check can quickly reveal whether the broker is in trouble, if for instance you notice that the bond has been cancelled, or the licence has been revoked and reinstated too many times.
  • Always make sure you have the Freight Brokers current phone numbers, fax numbers and written payment policy for each load.
  • Each load tendered to you must have a dated, signed Rate Confirmation spelling out the shipper(s), consignee(s), product, transportation equipment required, and more importantly: the payment rate for the load. The rate confirmation should also specify other things such as who is responsible for unloading, and who is responsible for which costs. It's the tiny details that become big problems later on if they are not properly addressed.
  • Check with the shipper to verify they know the broker, and that they have an ongoing relationship regarding the load tendered to you. This simple action can save you from picking up a load that has been double-brokered.
  • Check all references provided by the Freight Broker, and more if you can by checking some online services like Internet Truckstop or GetLoaded. You should also subscribe to reputable business credit reporting services that allow you to check the payment records or the Broker, and that also notify you if certain key indicators show financial problems with the broker.
  • Even after performing your due diligence to check out the broker, sometimes you encounter some smooth talking broker that fools you into believing he is legit. To help protect yourself even further, make sure you get a properly completed, legible, signed Bill of Lading from the shipper. Always make sure the consignee signs the Bill of Lading, or a receipt for the goods delivered. Always make and keep copies of all pages of any paperwork relating to the load.
  • If there are changes in instructions after the load is picked up, get the changes in writing - obtain a new rate confirmation, and a new Bill of Lading or amendment to the BOL faxed to you. You should have the updated documents before delivering the load. The Freight Broker or Shipper have very little incentive to provide accurate documentation once the delivery has been made, so be sure to make it a condition of delivery that you receive proper documentation.

To summarize, also learn to trust your gut feeling about a Broker when the deal sounds to good to be true. Build or join a peer network of people in the trucking business with whom you can network for insight and reference. If you do not know the broker well, do not act on rush orders or the promise of paperwork later -that is a sure sign of fraud; walk away from the deal.

Hours of Service Sessions

Seal of the US Department of Transportation

Industry News: FMCSA to Hold Hours of Service Sessions

The Federal Motor Carrier Safety Administration (FMCSA) announced on January 5th that it will hold three public listening sessions to solicit comments and information on potential hours of service (HOS) regulations. The Agency wants to know what factors, issues and data it should be aware of as it prepares to issue a notice of proposed rulemaking (NPRM) on HOS requirements for property carrying commercial motor vehicles (CMV) drivers.

The sessions will be held in the Washington, DC, Dallas and Los Angeles areas. The listening sessions will allow interested persons to present comments, views and relevant research on revisions FMCSA should consider in its forthcoming rulemaking. All comments will be transcribed and placed in the rulemaking docket for the FMCSA's consideration.