The Motor Carrier Agreement serves as the foundational document governing the relationship between transportation providers and entities requiring freight services in the United States. This contract type is essential for businesses engaging in interstate commerce and must comply with federal regulations, including FMCSA requirements, DOT standards, and state-specific transportation laws. The agreement typically covers operational procedures, safety requirements, insurance obligations, liability allocation, and payment terms, while ensuring compliance with the Truth in Leasing regulations and Carmack Amendment provisions.
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1. Parties: Identification of carrier and shipper, including legal names, addresses, and registration details
2. Background: Context of the agreement and basic premises of the relationship
3. Definitions: Key terms used throughout the agreement including 'Services', 'Equipment', 'Rates', etc.
4. Scope of Services: Detailed description of transportation services to be provided
5. Compliance Requirements: FMCSA, DOT, and other regulatory compliance obligations
6. Equipment and Operations: Requirements for vehicles, maintenance, and operational standards
7. Rates and Payment Terms: Pricing, payment schedule, and invoicing requirements
8. Insurance Requirements: Mandatory insurance coverage and minimum limits
9. Liability and Indemnification: Risk allocation between parties
10. Term and Termination: Duration of agreement and termination provisions
1. Hazardous Materials Handling: Special provisions for hazmat transport when hazardous materials transportation is involved
2. Technology Requirements: Specifications for tracking systems and software when specific technology usage is required
3. Performance Metrics: KPIs and service level requirements when specific performance standards are needed
4. Fuel Surcharge Program: Fuel cost adjustment mechanisms when fuel price fluctuation protection is needed
1. Rate Schedule: Detailed pricing for different routes and service types
2. Insurance Certificates: Copies of required insurance documentation
3. Operating Licenses: Copies of carrier's operating authorities and permits
4. Service Territories: Map or list of covered geographic areas
5. Equipment Specifications: Detailed requirements for vehicles and equipment
6. Safety Protocols: Detailed safety procedures and requirements
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