I am leased to a carrier and pay for my base plate ($1862)

If I decide to leave the company and get my own authority should the balance of the base plate be refunded to me? I am hearing from other people that were leased on to the company say there is no refund and the company sells the plate to the next leassee prorated at $155 a month.

Is there any regulation that explains this. I have looked and can't find anything.

Has anyone ever been in this situation and what did you do?

I would think it would be a small claims court case if nothing else?

 

Not all states will pro-rate the un-used portion. That means your stuck for the full amount unless they use it on another truck.

 

That's what I am saying. I heard they don't give a refund, then charge the next guy they hire the pro-rated rate for the same plate that I have already paid the entire year on.

So the company is making money on just the plates if it is used a few times during the year when someone quits and a new truck leases on.

Shouldn't each time someone quits get a refund on the balance of the year when the plate will be used on the next truck that leases on?

 

I've never seen a contract that didn't specifically address this issue.

 

If they can use it on another leased o/o's truck they will, but there is no guarantee.

 

Scottt -- Does your contract address this issue? Mine did, and it was a no-refund deal on paper, but they actually pro-rated a return. My contract didn't say anything about the next guy.

 

If they transfer the plate to another truck you should get a pro-rated refund after the transfer. It should be addressed in your lease.
Plates do not fall under federal regs,(commonly called the truth in leasing laws)but under contract law. If it is not addressed then it is open for interpretation by the court.

 

I can't find anything about the plate addressed in the lease agreement.

I was told by other local drivers to put a mechanics lien on the trailer if they wouldn't give a refund. Anyone heard of doing that?

 

If it isn't in the contract(lease)it doesn't exist.(other than the federal lease law) How would you justify a lien to the court without anything to back it up?

 

this is why you should always get the plate on your own, then if you change companies, there is no problem