§ 8-2.1-24-22 — Augmenting, interchanging, or leasing equipment; lease of equipment and driver to shipper by noncarrier lessor

(a) A motor carrier augmenting equipment,
interchanging equipment, or leasing equipment, with or without
drivers, shall comply with the rules of the department governing lease
and interchange of vehicles.
(b) If a lessor who is not a motor carrier leases both equipment and
driver to a shipper, the arrangement is presumed to result in private
carriage by the shipper, subject to the conditions of this subsection. A
lease agreement under this subsection must:
(1) be reduced to writing;
(2) be for a term of at least thirty (30) days;
(3) provide that the leased equipment is exclusively committed to
the lessee's use for the term of the lease;
(4) provide that during the term of the lease, the lessee accepts,
possesses, and exercises exclusive dominion and control over the
leased equipment and assumes complete responsibility for the
operation of the equipment;
(5) require that the lessee maintain public liability insurance and
accept responsibility to the public for any injury caused in the
course of performing the transportation service conducted by the
lessee with the equipment during the term of the lease; and
(6) require that the lessee display appropriate identification on all
equipment leased by it, showing operation by the lessee during
the performance of the transportation.
(c) A presumption under subsection (b) may be rebutted if actual
operations under the lease agreement weaken the control and
responsibility required of a shipper when conducting transportation
operations with equipment and drivers leased from a single source.

Legislative History

As added by P.L.110-1995, SEC.29.