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Requirements

Per FMCSA’s 391.23 (investigation and inquiries), subpart (J): (Driver) I understand that I have the right to: Review information provided by current/previous employers: Have errors in the information corrected by previous employers and for those previous employers to re-send the corrected information to the prospective employer; and have a rebuttal statement attached to the alleged erroneous information, if the previous employer(s) and cannot agree on the accuracy of the information. In compliance with Federal and State equal employment opportunity laws, qualified applicants are considered for all positions without regard to race, color, religion, sex, national origin, age, marital status, or the presence of a non-job related medical condition or handicap.

ADDRESS FOR PAST 3 YEARS

DRIVER WORK HISTORY 1

All drivers’ applicants to drive in intra or interstate commerce must provide the following information on all work during the preceding 10 years. Please complete the following,
by date order including those date periods in which you were not working, or worked as a sole 
proprietor.

Were you subject to Federal Motor Carrier Safety Regulations (FMCSRs) while employed by the previous emmployer?
Was the previous job position designated as a safety sensitive function in any DOT regulated mode, subject to alcohol and controlled subtance testing requirements as required by 49 CFR part 40?

DRIVER WORK HISTORY 2

DRIVER WORK HISTORY 3

Do you have the legal right to work in the U.S.?

ACKNOWLEDGEMENT OF PAST ON-DUTY HOURS

I, the undersigned; certify that over the last (7) days, I have worked the following hours:

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AUTHORIZATION TO OBTAIN BACKGROUND INFORMATION

For as long as I am operating for the under named carrier company, I the undersigned, have authorized The Simplex Group, its agents and representatives, to obtain the following information:

• Past Employment References (skills, behavior, experience, drug & alcohol tests) (as per Section 391.23)

• Driving Record History

• Criminal Background Records

I understand that any information obtained as a result of this release will be provided to the under named carrier company for hiring eligibility based on DOT regulation under part 391 of 49CFR.

DOT MANDATED DRIVER’S ACKNOWLEDGMENT OF LOGS PROGRAM

This internal rule applies to all Owner Operators, and Drivers operating under the below mentioned carrier. This company rule mandates the following:

  1. All logs MUST be turned in to the carrier company; including off duty date logs.

  2. Logs MUST be totally completed as per DOT requirements including compliance with driving and on duty hours.

  3. Copies of all supportive documentation such as fuel and toll receipts MUST also be turned in to the carrier for false log verification.

As per company rule any violation of this mandated regulation could represent grounds for disciplinary actions including the termination of our services within the company.

6.3.8 Electronic Devices/Mobile Phones (392.80—392.82)

No driver may use a hand-held mobile telephone or engage in texting while driving a CMV, according to 49 CFR 392, Subpart H. The only occasion where either is permissible is when drivers are communicating with law enforcement officials or other emergency services.

Penalties for texting or using a hand-held mobile phone can reach $2,750, as adjusted for inflation, for drivers and $11,000, as adjusted for inflation, for employers who allow or require drivers to text or use a hand-held mobile phone while driving. Second and third offenses result in driver disqualifications for 60 and 120 days, respectively. States will suspend a driver’s Commercial Driver’s License (CDL) after two or more serious traffic violations.

DRIVER ACKNOWLEDGMENT OF SUBSTANCE ABUSE TESTING POLICY

By DOT regulations no one is permitted to drive a commercial motor vehicle until they have signed, dated and returned this form.

Substance Abuse Policy. I also acknowledge that I can contact the management of the carrier company at Controlled. Substance Abuse Policy. I also acknowledge that I can contact the management of the carrier company at anytime regarding any questions I may have concerning such company policy. I understand that the terms described in this policy may be altered, amended or changed at any time to comply with the Federal DOT Regulations under Part 382 and its implementing regulations, with or without prior notice. I further understand that any violation of this policy may subject me to discipline, up to and including termination

The Clearinghouse Rule

The Clearinghouse rule requires FMCSA-regulated employers, medical review officers (MROs), substance abuse professionals (SAPs), consortia/third-party administrators (C/TPAs), and other service agents to report to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of Federal Regulations, Parts 40 and 382 by current and prospective employees.

The Clearinghouse also requires the following:

  • Employers are required to query the Clearinghouse for current and prospective employees' drug and alcohol violations before permitting those employees to operate a CMV on public roads.

  • Employers are required to annually query the Clearinghouse for each driver they currently employ.

DRIVER/OWNER OPERATOR CONTRACT AGREEMENT

Here in designated as  “Driver/Owner Operator”) and Samclair Global Resources LLC of 5005 Shadybrook Rd, Midland Texas, 79705 (Here  in as “Carrier”) WHEREAS; The Carrier is engaged in the transportation of general freight of all kinds (FAKS) by motor vehicle as a contract carrier, And Whereas to facilitates such transportation and for the convenience in handling such Transaction, The parties have agreed to the Terms and Condition under which transportation shall be made Hereinafter set forth. Now Therefore, In consideration of the premises and the mutual promises and conditions herein contained it is hereby agreed as follows; INSURANCE; All Owner Operators shall complete every insurance Contract circles, and $2500 insurance Escrow/Down Payments deposited. Owner Operators shall stay to the end of the policy year or give us 45 to 60 days notice before quitting, Else the 2 months insurance payment Shall be charged to your Escrow, and last settlement or checks. And if we do Apportioned Registration for you it must be returned before you get your last check.

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General Provisions:

That all Drivers/Owner Operators shall operate as independent contractors [1099]. Drivers book their own shift,  load and can accept or reject loads and shall enter herein

Driver/Owner Operator, in its Operation Responsibilities Shall hereunder, secure all load and paperwork necessary for the accomplishment of the work to be done hereunder and shall comply fully with all applicable rules, laws, and regulations of all government and agencies thereof, whether federal, state or local and shall furnish carrier with satisfactory documents and evidence thereof whenever requested to do so.

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Schedule:

We run 3 to 4 weeks out, and 3 to 5 days home time.

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Revenues:

The Driver shall get 30% off what the Broker pays for  the line haul on every load with a week in the hole. We can give an Advance of up to 50% after a week of Work done for the First Month Only! Every time you drop Tier you loose 2.5% off the line haul.

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Pre-Trip And Post-Trip:

It is the responsibility of the Driver to perform Pre-trip every morning and Post Trip every evening and call  the attention of the carrier to all maintenance issues in writing (Text).  Drivers Shall be paid $250 every time He or She passes an inspection and Shall be Charged $300 for every ticket and out of service, except the problem has been previously reported in writing (Text).

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Oilfield Dos and Donts:

Patience and Consistency is a virtue out here. Be safety conscious at all times. Everyday is different, and we have slow days (less loads), and fast days(more loads). Drivers are advised to Go! Go! Go! get as many loads as they can on the fast days. Drive slowly on lease road 10-15mph  and 3 - 5 mph on staging pad and well locations. Be careful of edges to avoid tip overs. Avoid Missed Turns - Follow Directions carefully, because you, the Driver will  pay for the Wrecker. The Driver is responsible for any Damages to the Equipment due to Negligence. The Driver is responsible if they  Run out of Gas/Diesel due to Negligence.  Always yield right of way to other vehicles. Do not overtake on the lease road. Always make sure you have done more that 10 hours before you close any shift.  Always make sure you don’t decline more than 3  loads per shift. Always make sure you complete every Hitch picked. Always make sure you complete every shift picked. Refresh and check your schedule frequently like every 30 minutes to book your next shift ahead. Always makes sure your lid is closed! Don’t drop Trash Any where! Drivers are responsible for All Penalties therein. Always follow step by step directions on the App to staging pad and well locations. Always drive within or below speed limits.. especially on LA 3

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 All Accidents or issues, Major or Minor Irrespective of who is at fault MUST BE REPORTED IMMEDIATELY! The fine Shall be $2000 for a refusal to Report Any and Every Accident, Tickets Or Violations IMMEDIATELY! Drivers Shall be fined $1000 for abandoning or leaving Truck or Trailer at a different location without the company's consent!

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Drivers Shall give two weeks (14 days) written (Text) notice prior to the date to be taken off, or quit. Drivers  get charged for Trailer and Truck Lost Income, Recovery and Rental fees whenever he or she goes on days off without scheduling it and dropping Truck and Trailer off at the yard or a location instructed by the Carrier. Trucks Must be Cleared Out thouroughly and properly. It must be in the same, or better state as it was prior to getting the Truck. Whenever a Driver is going on EXTENDED days off or wishes to quit working, they must ensure that the truck is in the same, or better state as it was prior to getting the Truck, or else the Driver will be Charged $500 for Detailing.

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Late Delivery/Breakdown

Driver Shall communicate to the Carrier And Dispatcher as soon as he or she realizes he is going to be running late to a pick up or drop off due to truck breakdown or other emergencies. Where this is not done, the Driver shall be responsible for all costs and charges from the Brokers.

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Tolls/Tickets

All toll shall be avoided as much as possible and where it is unavoidable, the driver shall pay 50% of 

the cost and all Tickets must be reported ASAP.

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BOLs

All BOLs must be signed by the shipper and turned in ASAP in order to get paid. (No exceptions)

 

Maintenance

Driver must take the truck in for maintenance as due immediately or as instructed by the Carrier, else the Driver will be charged for further damage to the equipment for refusal to do so.

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Slide gate beneath the Sand Box has to be checked and make sure it's properly closed every time at the loading facility before picking a load, or else you the driver will be charged for sand spillage.  Also make sure you always tap your Box at the bottom before leaving the drop off well to make sure you are picking up a completely empty Box, or else you will be be short paid. Please don’t argue or fight with the pusher or anyone at the pick up or drop off! Please call  to report first to report any complaints or issues you may have.

 

Drivers shall be charged $500 per day whenever a driver  is not reachable nor run loads without prior notice. Equipment Must be dropped at the yard or location instructed upon Carrie’s request.  A $1,500 fee will be charged to Drivers last settlement, plus $5 a mile for anything over 100 miles to retrieve the equipments. All original paper (BOL and Tickets) and gas card must be returned to company before the final paycheck can be disbursed. Our Schedule is 3 to 4 weeks out and 3 to 5 days Off. All Outstandings are charged on the last checks. This agreement shall not be modified or altered unless in writing and signed by both parties to this agreement.

 

This agreement is subject to Termination if either of the parties involved breaks or violate any terms and conditions agreed hereto in this contract. All end of Contracts require a 14 days verbal notice as well as 10 working days writing notice before termination. Therefore, Driver must give the carrier this required notice. (N0 Exemptions) Drivers must close all accounts within this period including tolls and Tickets Accounts and Must Return All equipment to the Carrier Address where the equipment was picked or a place determined by the  carrier. To the extent state laws apply, this agreement shall be governed by and interpreted in accordance with the laws of Texas.

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