38.3.2003    DUTIES AND OBLIGATIONS OF LESSOR AND LESSEE UNDER EQUIPMENT LEASE

(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.

History: Secs. 69-12-201 and 69-12-204, MCA; IMP, Sec. 69-12-611, MCA; Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83.