(1) Leasing of
Motor Vehicle Equipment - Motor carriers desiring to lease motor vehicles to be
used under their certificates or permits must carry a copy of the lease or
contract in the vehicle which is specified in the agreement during the entire
period of the agreement. The contract or lease shall provide for the exclusive
possession, control, and use of the vehicle and for the complete assumption of
responsibility in respect thereto, by the lessee for the duration of the lease
or contract, except that provisions may be made for considering lessee as owner
for the purposes of subleasing under this rule to other authorized carriers
during the duration of this arrangement. All leased equipment must have
displayed in each such leased vehicle a stamp as required by Rule 1340-6-1-.21
or a trip lease permit as set forth in paragraph (2) of this Rule.
(2) Trip Leases - The Commissioner of Safety
and Homeland Security will furnish, upon request, all certificated and
permitted motor carriers of commodities over the highways of the State of
Tennessee a "trip lease" form for a period of ten (10) days or one (1) trip for
operation on the highways of the State of Tennessee as required by the
Tennessee statutes and rules and regulations of this Commissioner. The said
form shall be issued in duplicate at a nominal fee of two dollars ($2.00) by
the Director of the Motor Carrier Division and the blanks and the effective
date of the said form shall be typewritten and the duplicate of the form shall
be forwarded to the Commissioner of Safety and Homeland Security on the date of
issuance by the said motor carrier. The form shall be numbered from one
thousand (1,000) consecutively and shall show on its face that it is a trip
lease good for one (1) trip or ten (10) days, name and address of the lessee;
name and address of the lessor, and date of issuance by said motor
carrier.
(3) Rules and Regulations
Governing Household Goods Carriers in Leasing Motor Vehicles from Others, in
Domiciling Motor Vehicle Equipment, and in Using Agents.
(a) Definitions:
1. The term "Commissioner" shall mean the
Commissioner of Safety and Homeland Security.
2. The term "household goods carrier" shall
mean the holder of a common carrier certificate of public convenience and
necessity issued by this Commissioner authorizing the transportation of
household goods.
3. The term
"domiciling motor vehicle equipment" shall mean the stationing of a motor
vehicle or motor vehicles by a household goods carrier, through the use of
lease arrangements or otherwise, at a place which is used as a base of
operations for such vehicle or vehicles in carrying on the business of
household goods carriage.
4. The
term "agent" shall mean the employee or representative of a certificated
household goods carrier compensated by salary or by the Commissioner, or both,
or any other person, who is designated by the carrier as its agent and is held
out to the public to render service within the scope of the carrier's
authority, but does not include any person or persons who act as a solicitor or
booking agent only.
(b)
Leasing of Motor Vehicles:
1. A household
goods carrier may lease motor vehicles from others only under the following
conditions:
(i) To replace motor vehicles
disabled or undergoing repair when such vehicle is leased to complete the
transportation of a shipment which was originally destined to move upon such
disabled vehicle.
(ii) To augment
its motor vehicle equipment when and only when the lease of a vehicle is in
writing and is for a period of not less than ninety (90) days.
2. All vehicle leases shall
provide that the lessee-carrier assumes full and complete responsibility and
liability for the operation of the leased vehicle and for all cargo transported
thereon during the term of the lease. All leased vehicles shall comply fully
with the rules and regulations of the Commissioner.
3. During the term of such lease, the leased
vehicle shall not be subleased and the lessee household goods carrier shall not
allow said vehicle to be used for any transportation other than transportation
performed by said lessee-carrier.
4. Each household goods carrier upon entering
into a lease of a motor vehicle or vehicles, shall file a copy of such lease
with the Commissioner on same day of execution thereof and shall at all times
keep on file with the Commissioner a complete list of all leased vehicles
showing the identification of the vehicle, the name of the lessor and the place
where such vehicle is stationed. All leases executed under the conditions
specified in (1)(a) of this Rule shall specifically identify the motor vehicle
disabled or undergoing repair that is replaced by the leased vehicle.
5. An executed copy of the lease under which
a vehicle is operating shall be carried on such vehicle at all times.
(c) Agents:
1. Every household goods carrier shall
register and keep on file with the Commissioner the correct name, mailing
address and location of each of its agents in the State of Tennessee.
2. A household goods carrier may not register
or have more than one agent as defined herein in a municipality, town or
community and an agent shall be the agent of only one household goods
carrier.
3. The Commissioner may at
any time inquire into and investigate the fitness of any agent registered by
such carrier under these rules. If it finds such agent to be unfit in the
public interest to represent the carrier principal in services to the public it
may disapprove the registration of such agent and thereafter said carrier
principal shall not allow such person, firm or corporation to act as its
agent.
4. A household goods carrier
shall not transport any shipment solicited or accepted for shipment by one
other than its registered agent or a full time employee of such carrier or such
agent, provided, however, this shall not prevent household goods carriers as
defined by these rules from interlining shipments with each other.
(d) For the purpose of this rule
the principal place of business of household goods carriers as shown by their
certificate of convenience and necessity shall be deemed to be the principal
place of business and domicile. Any household goods carriers desiring different
and separate domiciles shall apply for same as set forth in the above
rule.
