Nevada Administrative Code
Chapter 706 - Motor Carriers
REGULATION AND LICENSING OF MOTOR CARRIERS
Regulation of Motor Carriers Generally
Section 706.208 - Lease of equipment by authorized carrier: Generally

1. Except as otherwise provided in subsections 2 and 3, and NAC 706.210 and 706.211, an authorized carrier may lease equipment for his or her own use, with or without a driver, on the basis of a long-term lease. For such a lease:

2. Except as otherwise provided in subsection 3 and NAC 706.210 and 706.211, an authorized carrier who leases equipment for his or her own use, with or without a driver, on the basis of a short-term lease:

3. The Authority may approve the lease of equipment that does not comply with subsection 1 or 2 if:

4. Leased equipment may only be used in an operation authorized by the lessee's certificate or permit and must be identified as operated by the lessee. A copy of the lease must be carried with the equipment during the period of the lease.

5. Work may not be performed pursuant to an expired lease.

6. An authorized carrier may lease restored theme or antique vehicles if the Authority approves the lease before its commencement. The Authority will approve the lease if:

7. Every lease of equipment by an authorized carrier must be in writing, dated and signed by the parties thereto or an authorized agent or employee of the parties.

8. The leased equipment must be under the control and direction of the authorized carrier.

9. The leased equipment must be operated within the scope of the operating authority of the authorized carrier and in conformance with the tariff of the authorized carrier.

10. The driver of a leased vehicle must be under the complete control and direction of the authorized carrier. The authorized carrier must:

11. The authorized carrier may not avoid liability for any damages arising out of the negligent operation of the equipment through the terms of the lease.

12. The terms of any lease of equipment pursuant to this section must include, without limitation, a provision that the equipment must be insured in accordance with the provisions of NAC 706.191. A lessee may use his or her insurance or the lessor's insurance to satisfy the requirements of NAC 706.191. A copy of the insurance used by a lessee to satisfy the requirements of NAC 706.191 must be made available for review by the Authority.

13. The compensation to be paid for any leased equipment must be fixed at the inception of the lease and may include a specific sum or formula for calculating the compensation for the duration of the lease.

14. A vehicle leased pursuant to this section must be identified in accordance with NAC 706.170 as operated by the lessee.

15. For the purposes of this section, equipment leased by an authorized carrier pursuant to a bona fide capital lease, as that term is defined by generally accepted accounting principles, shall be deemed to be equipment that is owned by the authorized carrier. The provisions of this section do not apply to such a lease.