Free Trucking Contract Template

A trucking contract template gives a shipper, client, and carrier a written framework for commercial freight transportation. It records who will transport the freight, how the carrier will be paid, and how the parties will handle delivery, cargo claims, and other responsibilities.

Federal law allows covered motor carriers and shippers to contract for specified transportation services at agreed rates and conditions, except for certain household-goods movements. 49 U.S.C. § 14101

Although this template contains an independent contractor provision, it primarily covers freight transportation between a Client and Carrier. It is not an owner-operator equipment lease.

Businesses commonly use trucking contracts when:

This template may need substantial changes for a broker-carrier relationship, household-goods transportation, or an owner-operator arrangement in which equipment is leased to an authorized carrier. Federal leasing rules can require a separate written lease containing specific terms. 49 CFR Part 376

Client/Shipper: The person or business that tenders freight for transportation and pays the agreed charges. The Client should provide accurate shipment, pickup, delivery, and handling information.

Carrier/Owner-Operator: The motor carrier responsible for transporting the freight. An owner-operator can fill this role when operating as a carrier under their own required authority. If the owner-operator instead leases equipment to another authorized carrier, federal leasing rules may apply. 49 CFR § 376.11

Broker: A broker arranges transportation by an authorized motor carrier for compensation rather than transporting the freight as the carrier. A broker acting as the Client may need a dedicated broker-carrier agreement and must comply with applicable broker rules. 49 CFR § 371.2

It defines the freight and transportation services the Carrier agrees to provide.

Sample language: “The Carrier will transport the Client's Freight according to the agreed pickup, delivery, mileage, and service requirements stated in this Contract.”

Include this clause in every trucking contract. Customize it for the cargo, service type, locations, mileage, delivery schedule, and special handling requirements.

It establishes the Carrier's compensation and the Client's payment obligations.

Sample language: “The Client will pay the Carrier [$2.50] per mile within [15] days after receipt of the Carrier's invoice and required shipment documentation.”

When to include or omit: Include it in every paid transportation arrangement. State whether the rate applies to loaded miles, deadhead miles, or both, and identify any additional charges.

It explains how individual shipments will be documented and how bills of lading interact with the main contract.

Sample language: “Each shipment may be documented by a bill of lading or delivery receipt. If its terms conflict with this Contract, this Contract will control to the extent permitted by applicable law.”

Include it when separate bills of lading will accompany loads. For shipments governed by the Carmack Amendment, federal law addresses carrier liability under receipts and bills of lading. Failure to issue a receipt or bill of lading does not eliminate that statutory liability. 49 U.S.C. § 14706

It allocates responsibility for freight in the Carrier's custody and establishes the process for loss, damage, injury, or delay claims.

Sample language: “The Client must submit a written Freight claim within [9 months] after the applicable event or within any longer period required by applicable law.”

Include it whenever the Carrier takes custody of freight. For claims governed by 49 U.S.C. § 14706, a carrier cannot establish a filing period shorter than 9 months. It also cannot provide less than 2 years for bringing a civil action, calculated as the statute specifies.

It requires the Carrier to maintain applicable registrations, operating authority, permits, and insurance.

Sample language: “The Carrier will maintain all registrations, operating authority, licenses, permits, and insurance required to perform the Services.”

Include it in commercial trucking contracts and customize the insurance requirements for the operation and cargo. FMCSA requirements depend on factors such as carrier type, operating authority, vehicle, and commodities transported. FMCSA insurance filing requirements

Carriers should also check environmental operating rules that apply along their routes. EPA's SmartWay program, for example, provides guidance on reducing unnecessary truck idling and its emissions. EPA SmartWay

It establishes when the contract starts and ends and whether it renews automatically.

Sample language: “This Contract will remain in effect until [December 31, 2027] unless terminated earlier by either Party upon [30] days' written notice.”

Include it for ongoing or recurring transportation services. Customize the end date, renewal period, termination rights, and notice requirements.

It states that the parties intend to operate as separate businesses and not as employer and employee, partners, or joint venturers.

Sample language: “The Parties are independent contractors. Nothing in this Contract creates an employment, agency, partnership, or joint venture relationship.”

Include it when the Carrier genuinely operates as an independent business. Omit or revise it if the actual relationship is employment. A contract label alone does not determine worker status, and state classification rules may impose additional tests.

It defines material breaches and states what remedies become available if a party fails to perform.

Sample language: “If either Party materially breaches this Contract and does not cure the breach within [10] days after written notice, the non-breaching Party may terminate the Contract and pursue available remedies.”

Include it when the parties want a defined process for non-payment, failure to transport or deliver as agreed, insolvency, or another material breach. Specify any cure period and whether particular remedies survive termination.

• Non-compete or NDA: An NDA can protect confidential rates, customer information, routes, or business records. If the parties consider a non-compete restriction, they should check applicable state law before adding it.
• Indemnity: An indemnity clause can allocate certain third-party claims, losses, or expenses arising from negligence, cargo handling, regulatory violations, or other agreed risks. The parties should negotiate its scope rather than rely on a broad one-sided provision.
• Detention and accessorial charges: The agreement can define free loading or unloading time and state when detention, layover, lumper, stop-off, loading, unloading, or similar charges become payable.
• Fuel surcharge: For contracts affected by changing fuel prices, the parties can use a fixed surcharge or an agreed formula or index.
• Arbitration: The parties can agree to resolve specified disputes through arbitration rather than litigation and state the location and procedure that will apply.
• Attorney's fees: The contract can state whether each party pays its own legal costs or whether an eligible prevailing party may recover attorney's fees and costs.

Bill of lading (BOL): A shipment document identifying the freight and relevant transportation details. For covered interstate transportation, federal law requires the carrier to issue a receipt or bill of lading, although failure to issue one does not eliminate Carmack liability. 49 U.S.C. § 14706

Broker vs. carrier: A Carrier undertakes responsibility for transporting freight. A Broker arranges transportation by an authorized motor carrier for compensation. 49 CFR § 371.2

Dispatch fee: A fee charged for dispatch services such as locating loads, coordinating pickups, communicating with brokers or shippers, and handling transportation paperwork.

Deadhead: Miles traveled by a truck without freight, such as the distance between a delivery location and the next pickup. The contract should state whether these miles are compensated.

Per-mile rate: Compensation calculated according to the number of agreed miles driven. The parties should specify what mileage method applies and whether the rate covers loaded and deadhead miles.

Hours of service (HOS): Federal rules governing how long covered commercial drivers may drive or remain on duty and when rest periods are required. Most covered CMV carriers and drivers must comply with 49 CFR Part 395. FMCSA Hours of Service

Cargo insurance: Insurance intended to cover specified loss or damage to freight. Whether it is legally required and what coverage is appropriate depend on the carrier, operation, and cargo, so the contract should state any coverage the parties specifically require.

USDOT and MC numbers: A USDOT Number identifies a regulated entity for federal safety and registration purposes. Certain interstate for-hire operations also require operating authority, which FMCSA often identifies by an MC or other docket number. FMCSA operating authority

Federal law governs many aspects of interstate motor carriage, but state rules remain important. FMCSA notes that some states require certain intrastate commercial motor vehicle registrants to obtain a USDOT Number even when federal interstate registration rules would not independently require one. FMCSA state requirements.

States may also impose separate operating-authority or contract requirements. For example, Illinois requires a Public Carrier Certificate for covered for-hire transportation of property in intrastate commerce. Tennessee maintains Intrastate Authority for covered for-hire motor carriers. Virginia may require For-Hire Intrastate Operating Authority for carriers transporting property point to point within the state. Arkansas imposes an additional step for contract carriers: 27 CAR § 110-1103 requires covered intrastate contract-carrier agreements to be submitted to the State Highway Commission and approved before operations begin.

Worker classification also varies. California Labor Code § 2775 uses an ABC test for covered worker-classification questions, while § 2776 provides a separate framework for qualifying bona fide business-to-business relationships. California Labor Code § 2775 and § 2776.