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Carrier to Carrier Lease Agreement

§376.1 Applicability. The provisions of this Part shall apply to the following acts of road transport undertakings registered with the Secretary on Transport Goods: (a) Rental of equipment for the purpose of carrying out transport regulated by the Secretary. (b) Rental of equipment to motor carriers or private shippers. (c) the exchange of equipment between common road hauliers in the performance of transport operations organised by the Secretary. §376.11 General rental provisions. The receipt provided in this section may be sent by mail, telegraph or other similar means. (b) (2) If possession of the equipment by the authorized carrier ends, a receipt shall be issued in accordance with the terms of the lease if the lease requires a receipt. (b) (3) The carrier`s and owner`s agents may take possession of the leased equipment and issue and receive the receipts required under this subsection. (c) Identification of Equipment – The authorized carrier using the equipment under this section shall mark the equipment as in service as follows: (c) (1) During the term of the lease, the carrier shall identify the equipment in accordance with the requirements of the FMCSA in Part 390 of 49 CFR of this Chapter (Vehicle Identification). (c) (2) Unless a copy of the lease is made on the equipment, the authorized carrier shall keep with the equipment during the lease period a statement that the equipment is operated by the authorized carrier. The declaration shall also indicate the name of the owner, the date and duration of the lease, any restrictions on the rental agreement with regard to the goods to be carried and the address at which the original lease is kept by the authorized carrier. This declaration shall be drawn up by the authorised carrier or his authorised representative.

(d) Equipment records — The authorized carrier that uses the equipment leased under this Section shall keep records of the equipment as follows: (d) (1) The authorized carrier shall create and maintain documents for each voyage for which the equipment is used in its service. These documents include the name and address of the owner of the equipment, the place of origin, the time and date of departure, and the final destination. In addition, during its operation, the authorized carrier must carry with it documents containing the leased equipment containing this information, identifying the notification and clearly indicating that the carriage is under his responsibility. These documents shall be kept by the authorized carrier as part of his transport documents. Leases containing the information required under the provisions of this paragraph may be used and retained in place of such documents or documents. In the case of leases negotiated under a main lease agreement, this provision shall be complied with by having a copy of a main lease in the relevant equipment unit and by including the residual documentation required under this paragraph in the freight documents drawn up for the specific movement. d) (2) [Reserved] § 376.2 Definitions. (a) Authorized Carrier – One or more persons authorized under the provisions of 49 U.S.C. 13901 and 13902 to participate in the transportation of goods as a motor carrier. (b) Equipment — A motor vehicle, a straight truck, a tractor, a semi-trailer, a complete trailer, any combination thereof and any other type of equipment used by authorized freight forwarders in the transport of rental property. (c) Exchange — The receipt of equipment by a common road carrier from another such carrier in a place where both carriers are authorized to continue a transit service. (d) Owner — A person (1) to whom ownership of the equipment has been issued, or (2) who has the right to use the equipment exclusively without title, or (3) who is legally in possession of equipment registered and authorized in a state on behalf of that person.

(e) Leasing — A contract or arrangement whereby the owner grants an authorized carrier the use of equipment with or without a driver for a specified period of time for use in the regulated transport of goods in exchange for compensation. (f) Landlord — In a lease, the party who grants another person the use of the equipment with or without a driver. (g) Lessee — In the case of a lease, the party who acquires the use of the equipment with or without a driver of another. h) Sublease — A written contract in which the lessee grants another person the use of the equipment rented with or without a driver. (i) Addendum — Supplement to an existing lease that takes effect only after it has been signed by the lessor and the lessee. (j) Private carrier — A person other than a road carrier who transports goods by motor vehicle in the course of international or foreign trade, if (1) that person is the owner, lessee or guarantor of the property being transported; and (2) the property is transported for sale, rental, rental or deposit or promotion of a commercial company. (k) Consignor — A person who sends or receives goods transported in the course of international or foreign trade. (l) Trust fund — money deposited by the lessor either with a third party or with the licensee to ensure enforcement, reimburse advances, cover repair costs, treatment claims, treatment licenses and government approval fees, and for any other mutually agreed upon purpose between the lessor and the lessee. (m) Immobilization — The possession of a trailer, with or without the engine and the driver, by a consignor or consignee beyond the free time provided for the transfer, in circumstances not due to the carrier`s performance.

§ 376.31 Replacement of equipment. Authorized joint carriers may exchange equipment under the following conditions: a) Exchange Agreement – There must be a written contract, lease or other agreement that provides for replacement and expressly describes the equipment to be exchanged. This written agreement defines the specific exchange points, the way in which the equipment is to be used and the compensation for such use. The exchange agreement is signed by the parties or their agents. (b) Operations Authority – Carriers participating in the exchange must be registered with the Secretary to ensure the carriage of the goods to the point where the physical exchange takes place. . . . .

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