The NAME on your truck

Discussion in 'Ask An Owner Operator' started by EZX1100, Dec 16, 2012.

  1. HDFatboy

    HDFatboy Light Load Member

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    From what I am understanding you want to go into business as a sole proprietorship. You can register a DBA with your state. Say your name is John Smith you would create a DBA lets say JS Trucking. The side of your truck would have "JS Trucking" and "USDOT xxxxxxxx" Federal regs require your business name (DBA) as listed on your authority and the usdot number. People have come on here saying DOT has hassled them over only having "DOT xxxxxxx" instead of "USDOT xxxxxxx" on their trucks so I would not mess around with the name. In my state it only cost $70 to file for a DBA so why risk getting hassled?
     
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  3. twolane

    twolane Medium Load Member

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    I guess I missed something...what you do as an llp/inc. has nothing to do whith what it says ON the "authority" .
    If you want an LLC or a DBA fine,,,but it doesn't change a thing with the name on the "authority"! You must have ICC change what it says on the actual authority. Ya want a DBA? Get one, but it won't change anything with ICC/DOT until you change that.

    In the mean time, as long as the #'s on the truck match what's on the "authority",,,paint whatever you want on the truck.
     
  4. EZX1100

    EZX1100 Road Train Member

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    ok, sorry for being confusing

    your name is john smith, you get an EIN number, you get all the other stuff (ifta, base plates, etc) all registered to a john smith

    you go downtown and do a DBA John Smith dba JS Trucking

    but the truck is still registered to John Smith

    you go for your authority and you put down for the name of the authority John Smith dba JS Trucking, you get the stuff for your bank account and so forth

    so my question is, can you have your authority in JS Trucking? (the only legal change is the DBA) or must it be John Smith?

    Because OOIDA told me the authority cannot be in a DBA but in your LEGAL name, hence according to OOIDA, the authority can only be John Smith, and that is the ONLY name you can legally put on the side of your truck
     
  5. HDFatboy

    HDFatboy Light Load Member

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    Lets look at the reg:

    (1) The legal name or a single trade name of the motor carrier operating the self-propelled CMV, as listed on the motor carrier identification report (Form MCS-150) and submitted in accordance with §390.19.

    The legal name aka "John Smith" OR a single trade name "JS Trucking" as used in my example. A registered DBA is a legal trade name.

    It also says as listed on MCS-150 which is the application for a USDOT #. Your USDOT # and MC# (Form OP-1) are going to be in the same business name therefore as I stated earlier the name you will be putting on your truck will be listed on your authority certificate.


    twolane: My green book must be missing the section where you can put any name you wish on the truck as the operating motor carrier. It IS legal to keep your business name on the side as you have (R&B Trucking) IN ADDITION to the correct information on the motor carrier you are leased to. However, you are supposed to have the words "operated by" preceding the operating motor carrier's information.

    http://www.fmcsa.dot.gov/rules-regu...mcsr/fmcsrruletext.aspx?reg=390.21&guidence=Y
     
  6. dannythetrucker

    dannythetrucker Road Train Member

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    my IRP, my authority, etc... all say Daniel Lee Knapp, dba Danny Knapp Trucking. And it says Danny Knapp Trucking on the door.

    I filed for the dba first, then made sure it was on all the registration and licensing that way. Sometimes people still pay me as Daniel Knapp instead of Danny Knapp Trucking. But that's fine, I can accept it either way since it's a sole proprietership.
     
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  7. twolane

    twolane Medium Load Member

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    This is confusing because it's so simple.

    1. The name on the authouity thats regestered with the ICC can be anything you want.
    It has nothing to do with banks, etc.

    2.IF you want your authority to show Ernie& Bert DBA JS Trucking, cool! That's what it will say. Your IRP, IFTA, etc should show the same name as the IRP, ICC authority. (unless your leased to someone running your own IRP plates, in which case the IRP would be in MY name but shown on the regestrartion as running under Sammoms Tkng. DOT & IFTA in my case)

    3. Your bank, etc. doesn't care what the ICC authority says! All they care about is who's name is on the check.

    What the bank & ICC think your name is,,,is apples-n-oranges.

    MY ICC/MC authorities say my name DBA- R&B Trucking. That's not something you have to go get a "DBA" for,,,it's just how they show it to identify who R&B Trucking is to them. It doesn't mean I have an official DBA that a finance institution would recognise.

    edit, call this number 623-937-9869 ext-203. This is my licence/tax service in Phoenix. Her name is Elane. Tell her R&B sent ya and ask her what you need to know. This lady has been keeping me outa trouble for a long time.

    Hope this helps.
     
  8. losttrucker

    losttrucker Road Train Member

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    Why not just set up a DBA (doing business as)
     
  9. HDFatboy

    HDFatboy Light Load Member

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    Just an FYI, the Interstate Commerce Commission was abolished in 1995. And if your bank don't recognize your DBA or trade name why do you think it's legal in the eyes of the federal government without being filed with your state? I think you better find a new license/tax lady.
     
  10. twolane

    twolane Medium Load Member

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    OK,,,I read the link and as simple as it is, it's worth reading again. It says "markings" (USDOT #'s?) for the operating carrier, and then says "IF 2 or more names are shown.....

    What am I missing here? I read that as DOT numbers for the carrier responsible for authority & IFTA, & any single logo or name you chose.
    Ya want your name AND the logo of the operating carrier, Then I guess ya have to say "operated by"?
    Please advise.
     
  11. old time

    old time Medium Load Member

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    CRST= Cheaters, Robbers, Stealers and Thieves
     
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