38.3.2001    LEASING OF POWER EQUIPMENT - GENERAL

(1) The requirements for the leasing of power equipment by class A and D carriers operating within the state are as contained in 69-12-611, MCA.

(2) The purpose of these leasing regulations is to ensure that the primary responsibility for the conduct of regulated motor carrier operations remain with the certificated motor carrier, and that members of the public using motor carrier services are clearly advised of the identity of the responsible carrier, and that the leasing of equipment by an authorized motor carrier from the owner thereof, is not a subterfuge for leasing the carrier's certificate or permit to the owner-lessor.

(3) The leasing of power equipment by a certificated carrier to a noncertificated carrier is prohibited.

 

History: 69-12-201, 69-12-204, MCA; IMP, 69-12-611, MCA; Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83; AMD, 1991 MAR p. 1724, Eff. 9/13/91; AMD, 2015 MAR p. 1276, Eff. 8/28/15; AMD, 2021 MAR p. 1556, Eff. 11/6/21; AMD, 2023 MAR p. 1625, Eff. 11/18/23.