template

HGV Driver Contract (Consultancy Agreement via Personal Service Company)

by
Genie Team
Genie Team
Aug, 19 2022

When to use this template

  • If you are a HGV Driver working through a personal service company (also known as a PSC), and you are providing services to another business, then you can use this fully customisable contract template.

  • This template includes the necessary clauses and terms to ensure that the contract is legally binding and sets out the services offered, your responsibilities, your client's rights, and other important legal matters.

  • This contract is drafted in a way which makes it clear that you are not an employee of the client company but working for them as a consultant or contractor.

  • Likewise, if you are a company who is looking to hire a HGV Driver as a consultant or contractor to provide services to your company, you can use this template.

  • It sets out the terms and conditions under which the HGV Driver will provide their services and defines the typical commercial terms such as payment, term and termination as well as the assignment of IP to the company and ensures the HGV Driver is legally bound to work according to your specifications.

  • The agreement protects both parties by clearly defining the expectations and responsibilities of each, and can help avoid disputes down the road.

Key issues covered in this template

  • Consultancy fees (options to base a fee on time worked or on the agreed project fee)
  • Payment period and method
  • Term and termination
  • Power of attorney
  • Warranties
  • Liability and Insurance
  • Duties surrounding confidential information
  • Consultancy's duties
  • No employment or partnership relationship between the consultant and company
  • Laws and regulations the HGV Driver is required to comply with
  • Vehicle Information sheet
  • Payment in lieu of notice
  • Garden leave

What to watch out for

  • Companies defined as medium and large sized, as well as public authorities need to comply with IR35 to ensure the consultant should not be treated as an employee. For more information, see: https://www.gov.uk/guidance/understanding-off-payroll-working-ir35.

  • Carefully consider whether you want to include any post-termination restrictions in this agreement as these could increase the risk that an arrangement falls inside IR35.

  • By default, contractors own the IP of their work under UK law. However, this contract assigns the IP of their work to the company hiring them.

  • The rules and regulations which apply to HGV drivers and their vehicles depend on the country the vehicle is driven in, what the vehicle is used for as well as the weight of the vehicle. For more information regarding which rules apply and when, see: https://www.gov.uk/drivers-hours/goods-vehicles.

  • There are a number of offences contained within the Transport Act 1968 relating to the falsification of drivers’ records and tachographs therefore it is important to ensure all drivers’ records are accurate and up to date.

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Used by

Author

Genie Team

Genie Team

@genieteam
Genie AI

The Genie Team consists of lawyers and paralegals. Our aim is to open source the law and provide high quality, regularly reviewed legal documents.

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Additional information

Business categories

Business activities

Relevant sectors

Relevant company sizes

Governing law

England and Wales

Language

English UK

Gender neutral

Yes