Common use of Carrier Obligations Clause in Contracts

Carrier Obligations. CARRIER warrants that at all times during this Agreement it will act as a “motor carrier,” as that term is defined under 49 U.S.C. § 13102 and any applicable federal or state regulations, statutes, decisional law or administrative law. CARRIER further warrants that at all times during this Agreement it will remain licensed and authorized by the Department of Transportation to provide interstate transportation services, and warrants that it will maintain insurance or otherwise demonstrate financial responsibility in accordance with all applicable federal and state regulations. CARRIER is solely responsible for the operation of the equipment, actions of the driver, any other persons associated with the operation of the equipment, transportation of freight, securement or any other aspect of actions of a motor carrier as that term is defined by law. ▇▇▇▇▇▇▇ is solely responsible for the safety and operation of the equipment, and the actions of all drivers and other persons or entities responsible for the transportation of freight. Nothing in this Agreement abrogates the responsibility of the CARRIER to operate safely and in accordance with all law and good accepted best practices of a motor carrier. CARRIER represents that it is in compliance with and shall maintain, during the terms of this Agreement, compliance with all applicable federal, state and local laws relating to the provision of its services including, but not limited to: training of drivers, qualification of drivers, transportation of Hazardous Materials, (including the licensing and training of Haz Mat qualified drivers, as defined in 49 F.C.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder cons tute Hazardous Materials; security regula ons, Part 309.46 as well as any other regula ons rela ng to Intermodal equipment; owner/operator lease regula ons; loading and securement of freight regula ons; implementa on and maintenance of driver safety regula ons including, but not limited to, hiring, controlled substances, and hours of service regula ons; sanita on, temperature, and contamina on requirements for transpor ng food, perishable, and other products, qualifica on and licensing and training of drivers; implementa on and maintenance of equipment safety regula ons; maintenance and control of the means and method of transporta on including, but not limited to, performance of its drivers; and all applicable insurance, financial responsibility and surety laws and regula ons including but not limited to workers’ compensa on; as well as the Federal Motor Carrier Safety Regula ons (FMCSRs), and any applicable state trucking regula ons. CARRIER will no fy BROKER immediately if its federal Opera ng Authority is revoked, suspended or rendered inac ve for any reason; and/or if it is sold, of if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled (whether by an insurer or surety provider by CARRIER, or by any person or en ty), suspended, or revoked for any reason. a. ▇▇▇▇▇▇▇ agrees to maintain a U.S. DOT safety ▇▇ ▇▇ or evalua on of “fit,” “sa sfactory,” or whatever is the highest described by the U.S. DOT, FMCSA, CSA or equivalent governmental agency authority or evalua on method for the du n of this Agreement. Any change in CARRIER’S safety ▇▇ ▇▇ requires immediate wri en no fica on to BROKER. CARRIER may not have an unsa sfactory or conditional ▇▇ ▇▇ under any ▇▇ ▇▇ system. If CARRIER’S ▇▇ ▇▇ becomes condi onal or unsa sfactory, CARRIER’s no longer authorized as a CARRIER under this Agreement. b. CARRIER represents that it is not on alert status as to any BASIC under the DOT/FMCSA, CSA safety ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, and forward a copy of any alert status as to any BASIC, or whether or not that BASIC is available for public viewing under any governmental website. CARRIER will not be ▇. ▇▇▇▇▇▇▇ agrees that only drivers qualified under Part 391 of the Federal Motor carrier Safety Regula ons (FMCSRs) will transport freight under this Agreement. CARRIER further agrees that it will maintain adequate internal procedures to evaluate its drivers through Pre-Employment Screenings, Driver Informa on Resource, the U.S. DOT Safety Management System, CSA and any other official resources related to driver fitness, and ensure that its drivers are otherwise qualified under the FMCSR’s throughout the duration of this Agreement. d. Upon reasonable demand, CARRIER shall provide to BROKER copies of its DOT Operating Authority Policy of Insurance, including all endorsements, Certificate of Insurance surety or financial responsibility.

Appears in 1 contract

Sources: Broker/Carrier Agreement

Carrier Obligations. CARRIER warrants that at all times during this Agreement it will act as a “motor carrier,” as that term is defined under 49 U.S.C. § 13102 and any applicable federal or state regulations, statutes, decisional law or administrative law. CARRIER further warrants that at all times during this Agreement it will remain licensed and authorized by the Department of Transportation to provide interstate transportation services, and warrants that it will maintain insurance or otherwise demonstrate financial responsibility in accordance with all applicable federal and state regulations. CARRIER is solely responsible for the operation of the equipment, actions of the driver, any other persons associated with the operation of the equipment, transportation of freight, securement or any other aspect of actions of a motor carrier as that term is defined by law. ▇▇▇▇▇▇▇ is solely responsible for the safety and operation of the equipment, and the actions of all drivers and other persons or entities responsible for the transportation of freight. Nothing in this Agreement abrogates the responsibility of the CARRIER to operate safely and in accordance with all law and good accepted best practices of a motor carrier. CARRIER represents that it is in compliance with and shall maintain, during the terms of this Agreement, compliance with all applicable federal, state and local laws relating to the provision of its services including, but not limited to: training of drivers, qualification of drivers, transportation of Hazardous Materials, (including the licensing and training of Haz Mat qualified drivers, as defined in 49 F.C.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder cons tute constitute Hazardous Materials; security regula onsregulations, Part 309.46 as well as any other regula ons rela ng regulations relating to Intermodal equipment; owner/operator lease regula onsregulations; loading and securement of freight regula onsregulations; implementa on implementation and maintenance of driver safety regula ons regulations including, but not limited to, hiring, controlled substances, and hours of service regula onsregulations; sanita onsanitation, temperature, and contamina on contamination requirements for transpor ng transporting food, perishable, and other products, qualifica on qualification and licensing and training of drivers; implementa on implementation and maintenance of equipment safety regula onsregulations; maintenance and control of the means and method of transporta on transportation including, but not limited to, performance of its drivers; and all applicable insurance, financial responsibility and surety laws and regula ons regulations including but not limited to workers’ compensa oncompensation; as well as the Federal Motor Carrier Safety Regula ons Regulations (FMCSRs), and any applicable state trucking regula onsregulations. CARRIER will no fy notify BROKER immediately if its federal Opera ng Operating Authority is revoked, suspended or rendered inac ve inactive for any reason; and/or if it is sold, of if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled (whether by an insurer or surety provider by CARRIER, or by any person or en tyentity), suspended, or revoked for any reason. a. ▇▇▇▇▇▇▇ agrees to maintain a U.S. DOT safety ▇▇ ▇▇ rating or evalua on evaluation of “fit,” “sa sfactorysatisfactory,” or whatever is the highest rating described by the U.S. DOT, FMCSA, CSA or equivalent governmental agency authority or evalua on evaluation method for the du n duration of this Agreement. Any change in CARRIER’S safety ▇▇ ▇▇ rating requires immediate wri en no fica on written notification to BROKER. CARRIER may not have an unsa sfactory unsatisfactory or conditional ▇▇ ▇▇ rating under any ▇▇ ▇▇ rating system. If CARRIER’S ▇▇ ▇▇ rating becomes condi onal conditional or unsa sfactoryunsatisfactory, CARRIER’s no longer authorized as a CARRIER under this Agreement. b. . CARRIER represents that it is not on alert status as to any BASIC under the DOT/FMCSA, CSA safety management system. If CARRIER receives an alert status as to any BASIC, it must immediately notify BROKER by e-mail at ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ and by regular U.S. Mail to JRG Express LLC., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇Columbiana, OH 44408 and forward a copy of any alert status as to any BASIC, or whether or not that BASIC is available for public viewing under any governmental website. CARRIER will not bebe permitted to be on BROKER’S approved list should CARRIER be on alert status as to two or more BASIC’s. ▇. ▇▇▇▇▇▇▇ agrees that only drivers qualified under Part 391 of the Federal Motor carrier Safety Regula ons Regulations (FMCSRs) will transport freight under this Agreement. CARRIER ▇▇▇▇▇▇▇ further agrees that it will maintain adequate internal procedures to evaluate its drivers through Pre-Pre- Employment Screenings, Driver Informa on Information Resource, the U.S. DOT Safety Management System, CSA and any other official resources related to driver fitness, and ensure that its drivers are otherwise qualified under the FMCSR’s throughout the duration of this Agreement. d. c. Upon reasonable demand, CARRIER shall provide to BROKER copies of its DOT Operating Authority Policy of Insurance, including all endorsements, Certificate of Insurance surety or financial responsibility.

Appears in 1 contract

Sources: Broker/Carrier Agreement

Carrier Obligations. CARRIER warrants that at all times during this Agreement it will act as a “motor carrier,” as that term is defined under 49 U.S.C. § 13102 and any applicable federal or state regulations, statutes, decisional law or administrative law. CARRIER further warrants that at all times during this Agreement it will remain licensed and authorized by the Department of Transportation to provide interstate transportation services, and warrants that it will maintain insurance or otherwise demonstrate financial responsibility in accordance with all applicable federal and state regulations. CARRIER is solely responsible for the operation of the equipment, actions of the driver, any other persons associated with the operation of the equipment, transportation of freight, securement or any other aspect of actions of a motor carrier as that term is defined by law. ▇▇▇▇▇▇▇ CARRIER is solely responsible for the safety and operation of the equipment, and the actions of all drivers and other persons or entities responsible for the transportation of freight. Nothing in this Agreement abrogates the responsibility of the CARRIER to operate safely and in accordance with all law and good accepted best practices of a motor carrier. CARRIER represents that it is in compliance with and shall maintain, during the terms of this Agreement, compliance with all applicable federal, state and local laws relating to the provision of its services including, but not limited to: training of drivers, qualification of drivers, transportation of Hazardous Materials, (including the licensing and training of Haz Mat qualified drivers, as defined in 49 F.C.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder cons tute constitute Hazardous Materials; security regula onsregulations, Part 309.46 as well as any other regula ons rela ng regulations relating to Intermodal equipment; owner/operator lease regula onsregulations; loading and securement of freight regula onsregulations; implementa on implementation and maintenance of driver safety regula ons regulations including, but not limited to, hiring, controlled substances, and hours of service regula onsregulations; sanita onsanitation, temperature, and contamina on contamination requirements for transpor ng transporting food, perishable, and other products, qualifica on qualification and licensing and training of drivers; implementa on implementation and maintenance of equipment safety regula onsregulations; maintenance and control of the means and method of transporta on transportation including, but not limited to, performance of its drivers; and all applicable insurance, financial responsibility and surety laws and regula ons regulations including but not limited to workers’ compensa oncompensation; as well as the Federal Motor Carrier Safety Regula ons Regulations (FMCSRs), and any applicable state trucking regula onsregulations. CARRIER will no fy notify BROKER immediately if its federal Opera ng Operating Authority is revoked, suspended or rendered inac ve inactive for any reason; and/or if it is sold, of if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled (whether by an insurer or surety provider by CARRIER, or by any person or en tyentity), suspended, or revoked for any reason. a. ▇▇▇▇▇▇▇ CARRIER agrees to maintain a U.S. DOT safety ▇▇ ▇▇ rating or evalua on evaluation of “fit,” “sa sfactorysatisfactory,” or whatever is the highest rating described by the U.S. DOT, FMCSA, CSA or equivalent governmental agency authority or evalua on evaluation method for the du n duration of this Agreement. Any change in CARRIER’S safety ▇▇ ▇▇ rating requires immediate wri en no fica on written notification to BROKER. CARRIER may not have an unsa sfactory unsatisfactory or conditional ▇▇ ▇▇ rating under any ▇▇ ▇▇ rating system. If CARRIER’S ▇▇ ▇▇ rating becomes condi onal conditional or unsa sfactoryunsatisfactory, CARRIER’s no longer authorized as a CARRIER under this Agreement. b. . CARRIER represents that it is not on alert status as to any BASIC under the DOT/FMCSA, CSA safety ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇management system. If CARRIER receives an alert status as to any BASIC, ▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, it must immediately notify BROKER by fax at ,by e-mail at and by regular U.S. Mail to and forward a copy of any alert status as to any BASIC, or whether or not that BASIC is available for public viewing under any governmental website. CARRIER will not bebe permitted to be on BROKER’S approved list should CARRIER be on alert status as to two or more BASIC’s ▇. ▇▇▇▇▇▇▇ b. CARRIER agrees that only drivers qualified under Part 391 of the Federal Motor carrier Safety Regula ons Regulations (FMCSRs) will transport freight under this Agreement. CARRIER further agrees that it will maintain adequate internal procedures to evaluate its drivers through Pre-Employment Screenings, Driver Informa on Information Resource, the U.S. DOT Safety Management System, CSA and any other official resources related to driver fitness, and ensure that its drivers are otherwise qualified under the FMCSR’s throughout the duration of this Agreement. d. c. Upon reasonable demand, CARRIER shall provide to BROKER copies of its DOT Operating Authority Policy of Insurance, including all endorsements, Certificate of Insurance surety or financial responsibility.

Appears in 1 contract

Sources: Broker/Carrier Agreement