U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART B— MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS › Chapter CHAPTER 141— OPERATIONS OF CARRIERS › Subchapter SUBCHAPTER I— GENERAL REQUIREMENTS

49 U.S.C. § 14102

Leased motor vehicles

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(a)General Authority of Secretary.—The Secretary may require a motor carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 that uses motor vehicles not owned by it to transport property under an arrangement with another party to—(1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the motor carrier;(2) carry a copy of the arrangement in each motor vehicle to which it applies during the period the arrangement is in effect;(3) inspect the motor vehicles and obtain liability and cargo insurance on them; and(4) have control of and be responsible for operating those motor vehicles in compliance with requirements prescribed by the Secretary on safety of operations and equipment, and with other applicable law as if the motor vehicles were owned by the motor carrier.(b)Responsible Party for Loading and Unloading.—The Secretary shall require, by regulation, that any arrangement, between a motor carrier of property providing transportation subject to jurisdiction under subchapter I of chapter 135 and any other person, under which such other person is to provide any portion of such transportation by a motor vehicle not owned by the carrier shall specify, in writing, who is responsible for loading and unloading the property onto and from the motor vehicle.(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 890.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in section 11107 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions
Cited in 99 cases (16 in the last 5 years), 1996–2026 · leading case: Morris v. JTM Materials, Inc., 78 S.W.3d 28 (Tex. App. 2002).
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Morris v. JTM Materials, Inc., 78 S.W.3d 28 (Tex. App. 2002). · cites it 5× “An independent contractor relationship may exist when a carrier lessee complies with 49 U.S.C. § 14102 and attendant administrative requirements.”
Jackson v. Wise, 249 So. 3d 845 (La. Ct. App. 2018). · cites it 4× “-The Secretary may require a motor carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 that uses motor vehicles not owned by it to transport property under an arrangement with another party to- .”
Alexandro Puga v. About Tyme Transp., Inc, 922 F.3d 285 (5th Cir. 2019). · cites it 2× “" 49 U.S.C. § 14102 (a) (emphasis added). The district court rightly based its jury instructions on this section because it excludes carriers using their own trucking equipment.”
Huggins v. FedEx Ground Package Sys., Inc., 592 F.3d 853 (8th Cir. 2010). · cites it 3× “Huggins could not prevail in any event, because he is a co-driver, not a member of the public, and thus is not an intended beneficiary of the FMCSR and its enabling statute, 49 U.S.C. § 14102 , and because the governing agency (now the Department of Transportation) has clarified…”
De Tamez v. Sw. Motor Transp., Inc., 155 S.W.3d 564 (Tex. App. 2004). · cites it 3× “Statutory Employee First, Willoughby and Tamez contend that they were “statutory employees” of SMT whose waiver of liability provided under the Release Agreement was preempted by federal law, specifically 49 U.S.C. § 14102 and 49 C.F.R. § 376.12 .”
Owner-Operator Indep. Drivers Ass'n v. Supervalu, Inc., 651 F.3d 857 (8th Cir. 2011). · cites it 4× “3d at 742 (citing, inter alia, 49 U.S.C. § 14102 (b)); see 49 U.S.C. § 14102 (b) ("any arrangement, between a motor carrier .”
Edwards v. McElliotts Trucking, LLC, 268 F. Supp. 3d 867 (S.D.W. Va 2017). · cites it 3× “Congress’ purpose is codified in the language of 49 U.S.C. § 14102 (a)(4) which states: (a) General authority of Secretary.”
Sharpless v. Sim, 209 S.W.3d 825 (Tex. App. 2007). · cites it 3× “Under the authority of - 49 U.S.C. § 14102 (2006), the Secretary of Transportation regulates leases of equipment used in interstate commerce.”
Cruz v. Lopez, 301 Neb. 531 (Neb. 2018). “50 See, 49 U.S.C. § 14102 (a)(4) (2012) ; Tamez v.”
Gagnon v. Serv. Trucking Inc., 266 F. Supp. 2d 1361 (M.D. Fla. 2003). · cites it 4× “, 10 found that 49 U.S.C. § 14102 created a statutory employer-employee relationship between truck drivers and motor carriers.”
Owner-Operator Indep. Drivers Ass'n v. Arctic Express, Inc., 87 F. Supp. 2d 820 (S.D. Ohio 2000). · cites it 5× “1 See 49 U.S.C. § 14102 ; 49 C.F.R. pt. 376. Under the contract between D & A and Members, the Independent Contractor Motor Vehicle Lease Agreement, (“Lease Purchase Agreement”), Members lease from D & A, with the option to purchase, truck tractor units.”
Sparks v. M&D Trucking, L.L.C., 301 Neb. 977 (Neb. 2018). “, 49 U.S.C. § 14102 (a)(4) (2012) ; Crocker v.”
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