C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 376—LEASE AND INTERCHANGE OF VEHICLES › Subpart C—Exemptions for the Leasing Regulations

49 C.F.R. § 376.21

General exemptions

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Except for § 376.11(c) which requires the identification of equipment, the leasing regulations in this part shall not apply to:

(a) Equipment used in substituted motor-for-rail transportation of railroad freight moving between points that are railroad stations and on railroad billing.

(b) Equipment used in transportation performed exclusively within any commercial zone as defined by the Secretary.

(c) Equipment leased without drivers from a person who is principally engaged in such a business.

(d) Any type of trailer not drawn by a power unit leased from the same lessor.

[44 FR 4681, Jan. 23, 1979. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15424, Apr. 1, 1997]
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2002–2025 · leading case: Crocker v. Morales-Santana, 2014 ND 182, 854 N.W.2d 663.
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Crocker v. Morales-Santana, 2014 ND 182, 854 N.W.2d 663. · cites it 2× “49 C.F.R. § 376.21 (d). Many of those federal motor carrier safety regulations have been adopted by reference in North Dakota.”
Owner-Operator Indep. Drivers Ass'n v. New Prime, Inc., 213 F.R.D. 537 (W.D. Mo. 2002). “Plaintiffs allege that the Lease Purchase Agreements violate 49 C.F.R. § 376.21 (k)(6) because only one half of the escrow provisions are returned under certain circumstances.”
Ross Edward Mason Miller v. Golden Peanut Co., 870 S.E.2d 511 (Ga. Ct. App. 2022). “The trial court thus should have also granted summary judgment on the Plaintiffs’ derivative claims against them for punitive damages, attorney fees, and litigation expenses.”
Wilkoski v. B&T Express, Inc, No. 2:18-cv-01359 (W.D. Pa. Mar. 22, 2022). “Although B&T Express was unable to locate a written lease between it and the owner of the trailer, Traficanti Trucking, LLC, pursuant to 49 C.F.R. § 376.21 (d), a written lease was not required.”
Rivera v. Convoy, Inc., No. 3:23-cv-01353 (D. Conn. July 25, 2025). “” Waldhart, 2016 WL 11476943 , at *3 (quoting 49 C.F.R. § 376.21 (d)); see also Crocker, 854 N.”
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