FMCSA Seeks Truckers’ Lease-Purchase Agreements for Review

The Federal Motor Carrier Safety Administration (FMCSA) is on a mission to ensure fairness in the trucking industry, especially when it comes to lease-purchase agreements between truck drivers and trucking companies. As part of this effort, the FMCSA’s Truck Leasing Task Force (TLTF) is calling on truck drivers to share their lease agreements, aiming to crack down on potentially predatory practices.

A Closer Look at Lease-Purchase Agreements

In response to a congressional directive under the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, the FMCSA is opening a 30-day period starting Friday, Feb. 16, for truckers to submit their lease-purchase agreements. This initiative is designed to examine the fairness of these agreements, particularly their impact on owner-operators and trucking businesses. The FMCSA has set the deadline for submitting comments as on or before March 18th, 2024.

The TLTF is not just reviewing documents; it’s actively seeking input from those in the trenches. Truck drivers are encouraged to share detailed information about their lease-purchase experiences, including:

• Copies of lease-purchase agreements and all related financial documents.
• Detailed terms of the lease, such as payment structures, start and completion dates, truck information, and maintenance responsibilities.
• The entity with which the agreement was made, whether it’s a motor carrier or a third-party.
• How the lease-purchase agreement was presented or “marketed” to them, including discussions about truck values, potential earnings, and working conditions.

The Importance of Transparency and Fairness

This effort is part of a broader FMCSA goal to identify unfair terms and conditions that could disadvantage drivers. By collecting real-life experiences and data, the TLTF aims to make informed recommendations for best practices and advice to policymakers. This includes examining the success rates of lease-purchase agreements and the strategies used by leasing companies and motor carriers in dealing with back payments.

The task force is also interested in understanding the overall impact of these agreements on drivers’ personal finances, livelihoods, and family well-being. This comprehensive approach underlines the FMCSA’s commitment to improving working conditions and financial fairness for truck drivers.

Confidentiality and Public Input

It’s worth noting that the information collection process is public, with submissions viewable by the public. However, to protect sensitive business and financial information, the FMCSA has outlined steps for submitting confidential information. Designating submissions as confidential business information will ensure they’re treated as such under the Freedom of Information Act and kept out of the public docket.

Submissions containing confidential business information should be sent directly to Brian Dahlin at the FMCSA. For all other comments, participants can contribute via Regulations.gov under docket number FMCSA-2023-0143 during the 30-day comment period.

A Collaborative Effort for Improvement

The Consumer Financial Protection Bureau will also review the comments shared with the FMCSA, indicating a collaborative government effort to protect truck drivers from unfair financial practices. The collected data and experiences will guide the TLTF in providing valuable recommendations to the Secretary of Transportation and the Secretary of Labor.

By inviting truck drivers to share their lease-purchase agreements and experiences, the FMCSA is taking a significant step towards enhancing transparency, fairness, and equity in the trucking industry. This initiative not only seeks to address and rectify potentially predatory leasing practices but also aims to ensure the health, safety, and financial well-being of truck drivers nationwide.