Leasing on to a carrier in NC: what owner-operators should check in the lease

The short version

When you lease your truck to a carrier, you haul under its authority. Federal rules say that carrier needs a written lease signed by both of you, and they list what the lease must say. [1][3]

The lease must state your pay before your first trip, list every chargeback and how it's figured, and promise payment within 15 days after you turn in your delivery papers. [1]

If the carrier holds escrow, it must pay interest at least every quarter and return the money within 45 days after the lease ends, minus deductions the lease allowed. [1]

On a lease of 30 days or more, the lease can say who files IFTA fuel tax. If it says nothing, the carrier files. If a truck of 55,000 pounds or more is registered in both your name and the carrier's, the IRS says you owe Form 2290. [16][17]

This guide explains the rules. It is not legal advice. The tips below are our suggestions, not requirements. [1]

What leasing on means, and which rules apply

Federal law lets the U.S. DOT require a for-hire carrier using trucks it doesn't own to put the deal in writing, carry a copy in the truck, insure the truck and cargo, and control the truck as if it owned it. [3]

FMCSA's rules for this are in 49 CFR Part 376. In a lease, you are the lessor, the party giving the use of the truck. The carrier is the lessee. The lease can cover the truck alone or the truck with you driving it. [1]

Part 376 applies to carriers registered with FMCSA to haul property interstate. In a November 2025 notice, FMCSA said the rules exist to protect small trucking businesses that lease to larger carriers, and to show the public who is responsible for a truck. [1][10]

There are exceptions. The full lease rules don't apply to hauls kept inside a commercial zone, or to trucks rented without drivers from a leasing company. The truck still has to be marked with the carrier's identity. [1]

If you keep your own authority and lease to another authorized carrier, a shorter rule may apply. Section 376.22 requires a signed agreement, the receipts and the carrier markings, but not the full list of lease terms. [1]

Does NC apply these rules to intrastate hauls?

We found no NC rule that applies Part 376 to NC-only hauls. FMCSA's own 2025 notice says Part 376 applies only to certain carriers in interstate commerce. [10][11][14]

NC's motor carrier safety law adopts federal Parts 171 to 180, 382 and 390 to 398 for State Highway Patrol enforcement. Part 376 is not on that list. [11]

NC's Highway Patrol rule applies federal Parts 390 to 397 to intrastate carriers running trucks of 26,001 pounds or more, or hauling placarded hazmat. That includes the truck marking rule covered below. [14][2]

Tip: if you lease to a carrier that only runs inside NC, still get the deal in writing. Use the federal list below as your checklist, even if it isn't required for that haul. [1][14]

What the lease has to say about pay and paperwork

The lease must name its start and end, by date and time or by the event that starts and ends it. Those times must match the receipts. [1]

When the carrier takes your truck, it must give you a receipt naming the equipment and the date and time. At the end, you get a receipt only if the lease calls for one. [1]

For the lease term, the carrier gets exclusive possession, control and use of the truck, and takes complete responsibility for operating it. That clause does not by itself decide whether you are an employee or a contractor. [1]

Your pay must be clearly stated on the lease or a signed addendum, and you must get it before any trip. It can be a percentage of revenue, a rate per mile, or another method you both agree to. [1]

The carrier must pay within 15 days after you submit the needed delivery papers. It can only require your logs and the papers it needs to bill the shipper. [1]

The carrier can't hold your pay over a bill of lading that has exceptions noted, and it can't set deadlines for turning in delivery papers. It may hold your final settlement until you remove and return its signs. [1]

If you're paid a percentage, the carrier must give you a copy of the rated freight bill at or before settlement. Shipper and consignee names can be blacked out. [1]

Whatever the pay method, the lease must let you look at the carrier's tariff, or the rate part of its shipper contract, so you can check the math. [1]

Expenses, chargebacks, insurance and escrow

The lease must say who pays for fuel, fuel taxes, empty miles, permits, tolls, ferries, detention, base plates and licenses. It must also say who loads and unloads, and whether that pays extra. [1]

The carrier pays overweight and oversize fines when the trailer was preloaded or sealed, or the load was out of your control. That doesn't apply if you caused the violation. [1]

Chargebacks are costs the carrier pays first and takes out of your settlement later. The lease must list every one and how each is figured, and you get copies of the papers behind each charge. [1]

The lease must say you don't have to buy or rent anything from the carrier to sign on. If you're buying or renting a truck from the carrier, the lease must spell out those deductions. [1]

The lease must name who buys insurance beyond the carrier's required liability coverage, such as bobtail insurance, and what any charge-back for it costs. [1]

If you buy insurance through the carrier, you can get a copy of each policy. You must also get a certificate listing the insurer, coverage, your cost and your deductibles. [1]

Before taking money for cargo or property damage, the carrier must send you a written, itemized explanation. The lease must say when such deductions are allowed. [1]

Escrow is money you put up to cover things like advances, repairs and claims. The lease must state the amount, what it can pay for, and how you get it back. [1]

The carrier must show each escrow transaction on your settlement or in a monthly statement, and let you ask for an accounting at any time. [1]

While it holds escrow, the carrier pays interest at least quarterly, at no less than the 13-week Treasury bill rate. The balance is due within 45 days after the lease ends, with a final accounting. [1]

Door signs, drug testing and workers' comp

While leased, your truck must show the carrier's name and USDOT number on both sides, readable from 50 feet in daylight. Removable signs are allowed. [2][1]

If your own name is on the truck too, the carrier's name must follow the words "operated by." Tip: agree in writing who takes the signs off when the lease ends. [2][1]

The drug and alcohol testing rules count leased drivers and independent owner-operators as drivers. A leased owner-operator is normally in the testing program of the carrier using the truck; ask the carrier to confirm. [6][2]

In NC, a carrier that contracts with an owner-operator who has no workers' comp coverage can be liable as that driver's employer, whatever the carrier's size. [18]

The law spares the carrier when the owner-operator holds their own DOT license and drives only under it. A leased-on driver usually runs under the carrier's authority, so don't assume that exception covers you. [18]

NC law lets a carrier cover its owner-operators under a blanket workers' comp policy and have them repay the cost. Tip: ask whether you're covered, what it costs, and whether it shows up as a chargeback. [18][1]

IRP plates, IFTA fuel tax and Form 2290

NCDMV gives leased owner-operators two IRP choices. You can register the truck in your own name and keep the plate and cab card. Or the carrier can register it in both names, and the plate belongs to the carrier. [15]

The two-name option uses NCDMV form MVR-330, signed by both of you. When the lease ends, the carrier files an update to the registration. [15]

For a new IRP account as a leased-on carrier, NCDMV asks for the signed lease listing your VINs and the carrier's insurance card showing its USDOT and MC numbers. [15]

On a trip lease of 29 days or less, you report and pay the IFTA fuel tax. On a lease of 30 days or more, the lease can pick who files. If it's silent, the carrier files. [16]

When a long-term lease ends, the carrier must void the IFTA decals it gave you. If it doesn't, it stays responsible for quarterly returns even with no miles. [16]

Form 2290 is owed by whoever the truck is registered to, for trucks of 55,000 pounds or more. If a leased truck is registered in both names, the IRS says the owner owes it. [17]

Tip: the lease must say who pays base plates and licenses. Check that it lines up with whose name is on the IRP account and the 2290. [1][15][17]

Changes in Washington, and what to do if the carrier breaks the rules

As of October 2026, Part 376 has not changed since 2018, when FMCSA allowed electronic documents and signatures. We found no newer proposal to change it in the Federal Register. [7][1]

Congress set up a Truck Leasing Task Force in the 2021 infrastructure law. FMCSA asked drivers for lease examples in 2024 to help it spot unfair terms. [9][8]

In January 2025, the task force told Congress that lease-purchase programs, where a carrier controls a driver's work, pay and truck debt, should be banned, according to the Congressional Research Service. [19]

A House highway bill, H.R. 8870, would have DOT ban predatory lease-purchase programs within two years. As of CRS's September 2026 update, it had been approved by committee, not passed into law. [19]

If a carrier breaks the leasing rules, federal law lets you sue for damages, or ask a court to stop the violation. The court must award a reasonable attorney's fee. Tip: talk to a lawyer before you sign or sue. [4]

Checklist before you sign

Tip: read the lease and every addendum before your first load. Make sure your pay is written down and signed, and that you keep your own copy. [1]

Tip: list every chargeback, the cost of each, and which papers back it up. Get the escrow amount, interest and return terms in writing. [1]

Tip: confirm who pays and files IRP, IFTA, Form 2290, tolls and permits, and get insurance certificates showing your cost and deductibles. [1][16][17]

Tip: ask about workers' comp and drug testing up front. Save every settlement sheet and receipt. When the lease ends, return the signs and confirm the decals and plates are updated. [18][6][1][15][16]