(a) Authorized carrier. A person or persons authorized to engage in the transportation of property as a motor carrier under the provisions of 49 U.S.C. 13901 and 13902.
(b) Equipment. A motor vehicle, straight truck, tractor, semitrailer, full trailer, any combination of these and any other type of equipment used by authorized carriers in the transportation of property for hire.
(c) Interchange. The receipt of equipment by one motor carrier of property from another such carrier, at a point which both carriers are authorized to serve, with which to continue a through movement.
(d) Owner. A person (1) to whom title to equipment has been issued, or (2) who, without title, has the right to exclusive use of equipment, or (3) who has lawful possession of equipment registered and licensed in any State in the name of that person.
(e) Lease. A contract or arrangement in which the owner grants the use of equipment, with or without driver, for a specified period to an authorized carrier for use in the regulated transportation of property, in exchange for compensation.
(f) Lessor. In a lease, the party granting the use of equipment, with or without driver, to another.
(g) Lessee. In a lease, the party acquiring the use of equipment with or without driver, from another.
(h) Sublease. A written contract in which the lessee grants the use of leased equipment, with or without driver, to another.
(i) Addendum. A supplement to an existing lease which is not effective until signed by the lessor and lessee.
(j) Private carrier. A person, other than a motor carrier, transporting property by motor vehicle in interstate or foreign commerce when (1) the person is the owner, lessee, or bailee of the property being transported; and (2) the property is being transported for sale, lease, rent, or bailment, or to further a commercial enterprise.
(k) Shipper. A person who sends or receives property which is transported in interstate or foreign commerce.
(l) Escrow fund. Money deposited by the lessor with either a third party or the lessee to guarantee performance, to repay advances, to cover repair expenses, to handle claims, to handle license and State permit costs, and for any other purposes mutually agreed upon by the lessor and lessee.
(m) Detention. The holding by a consignor or consignee of a trailer, with or without power unit and driver, beyond the free time allocated for the shipment, under circumstances not attributable to the performance of the carrier.
[44 FR 4681, Jan. 23, 1979, as amended at 49 FR 47850, Dec. 7, 1984; 62 FR 15424, Apr. 1, 1997; 81 FR 68346, Oct. 4, 2016]
Notes of Decisions
Sparks v. M&D Trucking, L.L.C., 301 Neb. 977 (Neb. 2018).
· cites it 2× “Under 49 C.F.R. § 376.2 (e) (2016), a "lease" is defined as "[A] contract or arrangement in which the owner grants the use of equipment, with or without [a] driver, for a specified period to an authorized carrier for use in the regulated transportation of property, in exchange…”
Owner Operator Indep. Drivers Ass'n v. Comerica Bank (In Re Arctic Express Inc.), 636 F.3d 781 (6th Cir. 2011).
· cites it 3× “In a series of subsequent orders, the district court determined that the nine cents per mile collected for the purpose of maintaining leased equipment was an “escrow fund” as defined under 49 C.F.R. § 376.2 (i) and, therefore, the maintenance escrow funds were subject to the…”
Chirino v. Proud 2 Haul, Inc., 205 A.3d 225 (N.J. Super. Ct. App. Div. 2017).
· cites it 4× “Since the owner-operators retained the ability to lease to others, CRS could not step in their shoes for purposes of determining their rights and P2H's responsibilities under 49 C.F.R. § 376.2 (d)(2). Thus, CRS was not the owner-operator of the equipment because it did not have…”
Illinois Bulk Carrier, Inc. v. Jackson Ex Rel. Jackson, 908 N.E.2d 248 (Ind. Ct. App. 2009).
· cites it 2× “" 49 C.F.R. § 376.2 (e) defines "lease" as a "contract or arrangement in which the owner grants the use of equipment, with or without driver, for a specified period to an authorized carrier for use in the regulated transportation of property, in exchange for compensation.”
Delta Logistics, Inc. v. Emp. Dep't Tax Section, 379 P.3d 783 (Or. Ct. App. 2016).
· cites it 2× “The ALJ noted that 49 CFR section 376.2(e), which applies to interstate motor carriers, defines a lease as “[a] contract or arrangement in which the owner grants the use of equipment, with or without driver, for a specified period to an authorized carrier for use in the…”
Omega Contracting, Inc. v. Torres, 191 S.W.3d 828 (Tex. App. 2006).
“” 49 C.F.R. § 376.2 (e) (1997). “Use” in the phrase “the owner grants the use of equipment” is not defined by section 376.”
Camp v. TNT Logistics Corp., 553 F.3d 502 (7th Cir. 2009).
“” 49 C.F.R. § 376.2 (k). 7 . Camp argues that the deliberate encounter exception to the open and obvious doctrine (discussed infra n.”
Scott v. Milosevic, 372 F. Supp. 3d 758 (N.D. Iowa 2019).
“Instead, Sirius enters leases as defined in 49 C.F.R. § 376.2 (e), through which it grants the use of its equipment, with a driver, for a specified period to an authorized motor carrier.”
Harris v. Velichkov, 860 F. Supp. 2d 970 (D. Neb. 2012).
“49 C.F.R. § 376.2 (k). And the relevant regulations, including § 390.”
— 49 C.F.R. § 376.2(a) — 2 cases
— 49 C.F.R. § 376.2(d) — 1 case
— 49 C.F.R. § 376.2(e) — 3 cases
Delta Logistics, Inc. v. Emp. Dep't Tax Section, 379 P.3d 783 (Or. Ct. App. 2016).
“The ALJ noted that 49 CFR section 376.2(e), which applies to interstate motor carriers, defines a lease as “[a] contract or arrangement in which the owner grants the use of equipment, with or without driver, for a specified period to an authorized carrier for use in the…”
Illinois Bulk Carrier, Inc. v. Jackson Ex Rel. Jackson, 908 N.E.2d 248 (Ind. Ct. App. 2009).
“" 49 C.F.R. § 376.2 (e) defines "lease" as a "contract or arrangement in which the owner grants the use of equipment, with or without driver, for a specified period to an authorized carrier for use in the regulated transportation of property, in exchange for compensation.”
— 49 C.F.R. § 376.2(l) — 1 case
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