§ 47-166a. Definitions - Operation of equipment not owned by motor carrier - Leases - Application of provisions.

A.  As used in this section:

1.  "Authorized carrier" means a motor carrier of household goods;

2.  "Equipment" means a motor vehicle, straight truck, tractor, semitrailer, full trailer, any combination of these and any other type of equipment used by authorized carriers in the transportation of household goods;

3.  "Owner" means a person to whom title to equipment has been issued, or who, without title, has the right to exclusive use of equipment for a period longer than thirty (30) days;

4.  "Lease" means a contract or arrangement in which the owner grants the use of equipment, with or without driver, for a specified period to an authorized carrier for use in the regulated transportation of household goods in exchange for compensation;

5.  "Lessor", in a lease, means the party granting the use of equipment with or without driver to another;

6.  "Lessee", in a lease, means the party acquiring the use of equipment with or without driver from another;

7.  "Addendum" means a supplement to an existing lease which is not effective until signed by the lessor and lessee; and

8.  "Shipper" means a person who sends or receives household goods which are transported in intrastate commerce in this state.

B.  An authorized carrier may perform authorized transportation in equipment it does not own only under the following conditions:

1.  There shall be a written lease granting the use of the equipment and meeting the requirements as set forth in subsection C of this section;

2.  The authorized carrier acquiring the use of equipment under this section shall identify the equipment in accordance with the Commission's requirements; and

3.  Upon termination of the lease, the authorized carrier shall remove all identification showing it as the operating carrier before giving up possession of the equipment.

C.  The written lease required pursuant to subsection B of this section shall contain the following provisions.  The required lease provisions shall be adhered to and performed by the authorized carrier as follows:

1.  The lease shall be made between the authorized carrier and the owner of the equipment.  The lease shall be signed by these parties or by their authorized representatives;

2.  The lease shall specify the time and date or the circumstances on which the lease begins and ends and include a description of the equipment which shall be identified by vehicle serial number, make, year, model and current license plate number;

3.  The period for which the lease applies shall be for thirty (30) days or more when the equipment is to be operated for the authorized carrier by the owner or an employee of the owner;

4.  The lease shall provide that the authorized carrier lessee shall have exclusive possession, control and use of the equipment for the duration of the lease.  The lease shall further provide that the authorized carrier lessee shall assume complete responsibility for the operation of the equipment for the duration of the lease;

5.  The amount to be paid by the authorized carrier for equipment and driver's services shall be clearly stated on the face of the lease or in an addendum which is attached to the lease.  The amount to be paid may be expressed as a percentage of gross revenue, a flat rate per mile, a variable rate depending on the direction traveled or the type of commodity transported, or by any other method of compensation mutually agreed upon by the parties to the lease.  The compensation stated on the lease or in the attached addendum may apply to equipment and driver's services either separately or as a combined amount;

6.  The lease shall clearly specify the responsibility of each party with respect to the cost of fuel, fuel taxes, empty mileage, permits of all types, tolls, detention and accessorial services, base plates and licenses, and any unused portions of such items.  Except when the violation results from the acts or omissions of the lessor, the authorized carrier lessee shall assume the risks and costs of fines for overweight and oversize trailers when the trailers are preloaded, sealed, or the load is containerized, or when the trailer or lading is otherwise outside of the lessor's control, and for improperly permitted over-dimension and overweight loads and shall reimburse the lessor for any fines paid by the lessor.  If the authorized carrier is authorized to receive a refund or a credit for base plates purchased by the lessor from, and issued in the name of, the authorized carrier, or if the base plates are authorized to be sold by the authorized carrier to another lessor, the authorized carrier shall refund to the initial lessor on whose behalf the base plate was first obtained a prorated share of the amount received;

7.  The lease shall specify that payment to the lessor shall be made by the authorized carrier within fifteen (15) days after submission of the necessary delivery documents and other paperwork concerning a trip in the service of the authorized carrier.  The paperwork required before the lessor can receive payment is limited to those documents necessary for the authorized carrier to secure payment from the shipper.  The authorized carrier may require the submission of additional documents by the lessor but not as a prerequisite to payment;

8.  The lease shall clearly specify the right of those lessors whose revenue is based on a percentage of the gross revenue for a shipment to examine copies of the authorized carrier's freight bill before or at the time of settlement.  The lease shall clearly specify the right of the lessor, regardless of method of compensation, to examine copies of the carrier's tariff;

9.  The lease shall clearly specify all items that may be initially paid for by the authorized carrier, but ultimately deducted from the lessor's compensation at the time of payment or settlement together with a recitation as to how the amount of each item is to be computed.  The lessor shall be afforded copies of those documents which are necessary to determine the validity of the charge;

10.  The lease shall specify that the lessor is not required to purchase or rent any products, equipment, or services from the authorized carrier as a condition of entering into the lease arrangement;

11.  As it relates to insurance:

a.the lease shall clearly specify the legal obligation of the authorized carrier to maintain insurance coverage for the protection of the public, and

b.the lease shall clearly specify the conditions under which deductions for cargo or property damage may be made from the lessor's settlements.  The lease shall further specify that the authorized carrier must provide the lessor with a written explanation and itemization of any deductions for cargo or property damage made from any compensation of money owed to the lessor.  The written explanation and itemization must be delivered to the lessor before any deductions are made; and

12.  An original and two copies of each lease shall be signed by the parties.  The authorized carrier shall keep the original and shall place a copy of the lease in the equipment during the period of the lease.  The owner of the equipment shall keep the other copy of the lease.

D.  The provisions of this section shall apply to the leasing of equipment with which to perform household goods transportation by motor carriers.

Added by Laws 1984, c. 60, § 2.  Amended by Laws 1995, c. 143, § 20, eff. Nov. 1, 1995; Laws 2009, c. 183, § 6, eff. Nov. 1, 2009.