It depends. With owner-operators, there are two potential situations that can be encountered:
- An owner-operator is leased onto a motor carrier.The freight is hauled under the carrier’s authority, the truck displays the carrier’s U.S. DOT number, and the freight is covered by the carrier’s insurance. In this case, the carrier is responsible for the safe operation of that vehicle, including the driver’s (owner-operator’s) compliance with the federal safety regulations. This includes keeping a proper driver qualification file, ensuring hours of service compliance, drug and alcohol testing, vehicle maintenance, etc.
- An owner-operator is a motor carrier.The freight is hauled under the owner-operator’s authority, the truck displays the owner-operator’s U.S. DOT number, and the freight is covered by the owner-operator’s insurance. In this case, the owner-operator is the motor carrier. The carrier/owner-operator must ensure that all the federal safety requirements are followed.
Remember, the motor carrier is always responsible for compliance with the federal safety regulations. The real question is: who is the motor carrier?