Administrative Rules of Montana
Department 38 - PUBLIC SERVICE REGULATION
Chapter 38.3 - MOTOR CARRIERS
Subchapter 38.3.20 - Leasing of Power Equipment, Interchange of Equipment and Lease of Authority
Rule 38.3.2003 - DUTIES AND OBLIGATIONS OF LESSOR AND LESSEE UNDER EQUIPMENT LEASE
Universal Citation: MT Admin Rules 38.3.2003
Current through Register Vol. 6, March 22, 2024
(1) The following are duties of the lessor and lessee:
(a) The lease shall be executed by
the parties in three copies: One each for the lessor and lessee, and one copy
to be carried in the leased equipment during the entire term of the
lease.
(b) Power equipment so
leased must display in a conspicuous place on both sides of the cab the
identity and address of the lessor, and lessee, and the certificate number
under which the power unit is operating.
(c) During the time the equipment under lease
is operated by the lessee, there shall be carried in such vehicle, in addition
to a copy of the lease; bills of lading, waybills, freight bills, manifests, or
other papers identifying the lading, and which clearly indicates that the
transportation of the property carried is under the responsibility of the
lessee as the authorized carrier.
(d) It shall be the duty of the
lessee-carrier, before taking possession of the equipment, to have the same
inspected by a qualified person to insure that said equipment is in safe
operating condition and in conformity with the motor carrier safety regulations
of the commission. The person making the inspection shall certify the results
thereof to the lessee, and a copy of such certification shall be carried in the
equipment.
(e) All charges paid by
a shipper or consignee for transportation services performed by use of leased
equipment shall be paid to the lessee only, and the lessor shall exercise no
control or dominion over such revenues. The driver of a leased vehicle may,
when required, physically collect such charges from the shipper or consignee,
but shall immediately deliver all said funds to the lessee.
(f) All arrangements for transportation
services, solicitation therefore, claims settlement, and all other aspects of
motor carrier service, shall be conducted by, and in the name of, the lessee
only, and neither lessee, nor the lessor, shall by any representation or act
whatsoever, represent or imply, or suggest to any shipper or consignee, that
the motor carrier service being offered or rendered, is being offered or
rendered by the lessor.
(g) No
lease shall be assigned or re-leased by either party without the written
consent of both parties signatory thereto.
(h) Nothing in these regulations shall be
construed to relieve the lessee, the lessor or the driver of any leased
equipment from compliance with the laws, rules and regulations pertaining to
the operation of motor vehicles on Montana highways.
Secs. 69-12-201 and 69-12-204, MCA; IMP, Sec. 69-12-611, MCA;
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