Owner-operators and US DOT numbers

Scope

The FMCSA considers an owner-operator that “leases on” with a carrier an employee. The owner-operator’s vehicle must be marked with the carrier’s name and USDOT number.

Regulatory citations

• 49 CFR Part 376 – Lease requirements
• 49 CFR 390.5T – Definition of employee
• 49 CFR 390.21T – Marking of self-propelled CMVs and intermodal equipment

Key definitions

• Employee: Any individual who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety. The term includes an independent contractor who operates a commercial motor vehicle for a carrier.
• Lease: An agreement that creates a contractual relationship in which the use of equipment is granted for compensation by the owner to an authorized carrier.
• Lessee: Usually the carrier, the lessee is the party acquiring the use of the equipment, with or without a driver, from another.
• Lessor: Is the party granting the use of equipment, with or without a driver, to another.

Summary of requirements

Owner-operators leased to a carrier operate under the carrier’s authority and USDOT number. There is no need for the owner-operator to have a separate DOT number unless the owner operator will also operate as a carrier under their own authority.

An owner-operator that has leased themselves and their vehicle to a carrier, must mark the vehicle with the carrier’s legal name (or tradename if included on the carrier’s MCS-150) and USDOT number.