Other than through the interchange of equipment as set forth in § 376.31, and under the exemptions set forth in subpart C of these regulations, the authorized carrier may perform authorized transportation in equipment it does not own only under the following conditions:
(a) Lease. There shall be a written lease granting the use of the equipment and meeting the requirements contained in § 376.12.
(b) Receipts for equipment. Receipts, specifically identifying the equipment to be leased and stating the date and time of day possession is transferred, shall be given as follows:
(1) When possession of the equipment is taken by the authorized carrier, it shall give the owner of the equipment a receipt.
(2) When possession of the equipment by the authorized carrier ends, a receipt shall be given in accordance with the terms of the lease agreement if the lease agreement requires a receipt.
(3) Authorized representatives of the carrier and the owner may take possession of leased equipment and give and receive the receipts required under this subsection.
(c) Identification of equipment. The authorized carrier acquiring the use of equipment under this section shall identify the equipment as being in its service as follows:
(1) During the period of the lease, the carrier shall identify the equipment in accordance with the FMCSA's requirements in 49 CFR part 390 of this chapter (Identification of Vehicles).
(2) Unless a copy of the lease is carried on the equipment, the authorized carrier shall keep a statement with the equipment during the period of the lease certifying that the equipment is being operated by it. The statement shall also specify the name of the owner, the date and length of the lease, any restrictions in the lease relative to the commodities to be transported, and the address at which the original lease is kept by the authorized carrier. This statement shall be prepared by the authorized carrier or its authorized representative.
(d) Records of equipment. The authorized carrier using equipment leased under this section shall keep records of the equipment as follows:
(1) The authorized carrier shall prepare and keep documents covering each trip for which the equipment is used in its service. These documents shall contain the name and address of the owner of the equipment, the point of origin, the time and date of departure, and the point of final destination. Also, the authorized carrier shall carry documents with the leased equipment during its operation containing this information and identifying the lading and clearly indicating that the transportation is under its responsibility. These documents shall be preserved by the authorized carrier as part of its transportation records. Leases which contain the information required by the provisions in this paragraph may be used and retained instead of such documents. As to lease agreements negotiated under a master lease, this provision is complied with by having a copy of a master lease in the unit of equipment in question and where the balance of documentation called for by this paragraph is included in the freight documents prepared for the specific movement.
(2) [Reserved]
[44 FR 4681, Jan. 23, 1979, as amended at 49 FR 47269, Dec. 3, 1984; 49 FR 47850, Dec. 7, 1984; 50 FR 24649, June 12, 1985; 51 FR 37406, Oct. 22, 1986; 62 FR 15424, Apr. 1, 1997; 78 FR 58479, Sept. 24, 2013; 83 FR 16224, Apr. 16, 2018]
Notes of Decisions
Cited in
79
cases (
19 in the last 5 years), 1998–2026 · leading case:
Cruz v. Lopez, 301 Neb. 531 (Neb. 2018).
Cruz v. Lopez, 301 Neb. 531 (Neb. 2018).
· cites it 2× “Specifically, 49 C.F.R. § 376.11 (2011) of the unadopted regulations states that "the authorized carrier may perform authorized transportation in equipment it does not own only under" several conditions, including that "[t]here shall be a written lease granting the use of the…”
Est. of Eugene Wayne Hunt v. Roger Drielick, 496 Mich. 366 (Mich. 2014).
· cites it 2× “3 See 49 CFR 376.11; 49 CFR 376.12. 4 As used in the policy, “auto” is defined as “a land motor vehicle, trailer, or semitrailer designed for travel on public roads but does not include ‘mobile equipment.”
Universal Am-Can, Ltd. v. Workers' Comp. Appeal Bd., 762 A.2d 328 (Pa. 2000).
· cites it 2× “As a final aspect of its statutory analysis, the Commonwealth Court looked to 49 C.F.R. § 376.11 (c) and found that this regulation mandates identification of the leased vehicle in the carrier's service by displaying the name of the carrier and the ICC permit number on the…”
Port Drivers Fed'n 18, Inc. v. All Saints Express, Inc., 757 F. Supp. 2d 443 (D.N.J. 2010).
· cites it 4× “12 (g)); (3) a term specifying the duration of the lease ( 49 C.F.R. §§ 376.11 (a)-(b), 376.12(a)-(b)); (4) documentation regarding workers’ compensation insurance ( 49 C.”
Sparks v. M&D Trucking, L.L.C., 301 Neb. 977 (Neb. 2018).
“Further, 49 C.F.R. §§ 376.11 and 376.22 (2017) provide specific requirements for the operation of a lease, including that receipts are to be provided from the lessee to the lessor when possession is taken, the equipment must be identified as being operated by the lessee, and the…”
Jackson v. Wise, 249 So. 3d 845 (La. Ct. App. 2018).
“49 C.F.R. § 376.11 . Relying on 49 C.F.R.”
Puga v. About Tyme Transp., Inc., 227 F. Supp. 3d 760 (S.D. Tex. 2017).
· cites it 2× “While RCX claims that the lease requirement for statutory employment status appears in 49 C.F.R. §§ 376.11 and 376.12, those regulations, like the statute, state only the conditions upon which the carrier may lawfully proceed with its use of equipment it does not own.”
Carroll v. Kamps, 795 F. Supp. 2d 794 (N.D. Ind. 2011).
· cites it 7× “2d at 969 (holding that summary judgment regarding statutory liability was not appropriate wherein the moving party failed to establish that the vehicle at issue was a permit covered vehicle or subject to a lease agreement). The applicable leasing regulations specify that a…”
Clarendon Nat'l Ins. v. Medina, 645 F.3d 928 (7th Cir. 2011).
“See 49 C.F.R. § 376.11 (a). 2 The district court granted Clarendon’s motion and denied the defendants’ motion.”
Chirino v. Proud 2 Haul, Inc., 205 A.3d 225 (N.J. Super. Ct. App. Div. 2017).
· cites it 2× “" 49 C.F.R. § 376.11 (a) states that an "authorized carrier" may perform transportation "in equipment it does not own" only if there is a "written lease granting the use of the equipment and meeting the requirements contained in § 376.”
— 49 C.F.R. § 376.11(a) — 4 cases
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