Insights - October 2016 - 14
leased those vehicles back to May pursuant to an Independent Contractor
Agreement. The ALJ concluded that the ICA failed as a lease under the
exemption statute for three reasons.
First, the ALJ found that the lease "lacked a definite duration." The ICA
provided that it terminated when either party gave 30 days written notice, or
immediately upon the owner-operator's breach. The Court of Appeals adopted
May's argument that a lease was not required to state an end date, as long as
"the circumstances under which the lease terminates" could be determined.
Under Oregon law, "a lease or personal property that does not state a specific
duration is construed to be terminable at will."
Next, the ALJ found that "the [ICA] failed because of an absence of
consideration for the use of the equipment" on the grounds that the leased
"did not allocate remuneration specifically for May's use of the vehicle or for
the truck's 'idle time.'" But, as the Court of Appeals noted, it had previously
rejected that reasoning - in the Market Transport case - and rejected it
again here.
Third, the ALJ concluded that May did not show that owner-operators
personally maintained their vehicles. The ICA required the owner-operators
to maintain their vehicles, but since they frequently used May's maintenance
facilities and only "nominally" paid for services there, the ALJ concluded that
the owner-operators did not "personally perform them." The Court of Appeals
held that the ALJ erred because "a contractor with financial responsibility
under an agreement for the maintenance of equipment, and the freedom
under an agreement to select a third party to perform maintenance, satisfies
the requirement for personally performing the maintenance under [the
statute]."
Sustainability
News
New Orleans Mounts
Clean Truck Program
The Port of New Orleans has
initiated a Clean Truck Replacement
Program that will allow 20 drayage carriers to replace older Class 8 trucks with
newer models.
The program offers to pay 50 percent of the cost to replace trucks from
the 1993 to 2006 model years with
2012, or newer, units. Fleets that serve
cargo terminals and warehouses along
the Mississippi River and the Industrial
Canal can apply.
The program can provide up to
$35,000 per truck, with a maximum of
two units per company. Applications
are due by Oct. 12.
If more than 20 applications are
received, the port plans a lottery to
decide who receives the vehicles.
executive master's degree in
transportation management
Real-World Management Content
Six Residencies Over 18 Months
Powerful Networking
Attend While Working Full-Time
PREPARING THE NEXT GENERATION OF TRANSPORTATION LEADERS
Take the next step on your career path at www.du.edu/transportation
14 Intermodal Insights | October 2016
http://www.du.edu/transportation
Table of Contents for the Digital Edition of Insights - October 2016
Insights - October 2016
Commerce Responds on Chinese Truck Tires
NVOs Granted Protection Under Hanjin Protocol
At EXPO IANA Celebrates Growth Amid Challenges
2017 Board of Directors Election
Changes Proposed to IANA Bylaws
UW–Superior Lives Up to Its Name at EXPO
Hertwig Presented with the 2016 Silver Kingpin Award
Oregon Cases Offer Lessons for Use of Owner-Operators
Sustainability News
Freight Reports
Port News
People in the News
2016 Sponsors
DOT Issues Policy on “Automated” Vehicles
IANA Member Webinar: A Close Look at IMTS
In Brief
Welcome New Members
Intermodal Calendar
Insights - October 2016 - Insights - October 2016
Insights - October 2016 - NVOs Granted Protection Under Hanjin Protocol
Insights - October 2016 - Changes Proposed to IANA Bylaws
Insights - October 2016 - 4
Insights - October 2016 - UW–Superior Lives Up to Its Name at EXPO
Insights - October 2016 - 6
Insights - October 2016 - Hertwig Presented with the 2016 Silver Kingpin Award
Insights - October 2016 - 8
Insights - October 2016 - 9
Insights - October 2016 - 10
Insights - October 2016 - Oregon Cases Offer Lessons for Use of Owner-Operators
Insights - October 2016 - 12
Insights - October 2016 - 13
Insights - October 2016 - Sustainability News
Insights - October 2016 - Freight Reports
Insights - October 2016 - 16
Insights - October 2016 - Port News
Insights - October 2016 - People in the News
Insights - October 2016 - 19
Insights - October 2016 - 2016 Sponsors
Insights - October 2016 - IANA Member Webinar: A Close Look at IMTS
Insights - October 2016 - 22
Insights - October 2016 - In Brief
Insights - October 2016 - 24
Insights - October 2016 - Welcome New Members
Insights - October 2016 - 26
Insights - October 2016 - 27
Insights - October 2016 - Intermodal Calendar
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