Ala. Admin. Code r. 770-X-10-.12

Current through Register Vol. 43, No. 02, November 27, 2024

Section 770-X-10-.12 - Lease And Interchange Of Vehicles By Authorized Carriers

(1) Authorized carriers may perform authorized transportation in or with power units or trailers which they do not own only under the following conditions:

(a) CONTRACT REQUIREMENTS - The contract, lease, or other arrangement for the use of the power unit shall:

1. Be in writing and signed by the parties thereto, or by a person authorized by a party.

2. Specify a term or a definite period of time or a definite expiration date.

3. Provide for the exclusive possession, control and use of, and the complete responsibility to the public for, the power unit by the lessee for the specified period, except as the lessee may sublease.

(b) The lease or a copy of it shall be carried on the leased power unit, and shall, upon demand, be presented to any authorized Commission personnel for inspection.

(c) RECEIPTS - The party receiving the power unit at the commencement or at the termination of the lease shall give to the other party a receipt specifically identifying the equipment and stating the date and time of day possession is taken.

(d) SAFETY INSPECTION - It shall be the duty of an authorized carrier, before taking possession of equipment at the commencement or termination of a lease, to inspect the same or to have the same inspected by a person who is competent and qualified to make such inspection, in order to insure that the said equipment complies with the safety regulations. The person making the inspection shall make a written report, which shall be retained and preserved by the carrier. The carrier shall not take possession of the equipment while it fails to comply with the safety regulations.

(e) IDENTIFICATION - The authorized carrier acquiring the use of a power unit by leasing shall identify the same as being operated by him in accordance with the requirements of Rule 770-X-10-.03. Identification of the lessee carrier shall be removed at the termination of the lease.

(f) DRIVERS - Before any person other than a regular employee of the authorized carrier shall be permitted to drive equipment operated under this rule, it shall be the duty of the authorized carrier to make certain that such driver is familiar with, and that his employment as a driver will not result in violation of, any provisions of the motor carrier safety regulations in the rules and regulations of this Commission.

(g) Authorized carriers shall retain the originals or copies of the contracts, leases or other arrangements; the receipts; and the safety reports, and shall maintain and preserve these documents for three (3) years.

(h) The lease and interchange of trailers is not prohibited but is regulated only to the extent that compliance with the safety regulations is required and compliance with the safety inspection requirements of 770-X-10-.12(d) above is required.

(i) Common carriers of property shall not lease equipment to persons other than motor carriers holding operating authority from this Commission or the Federal Motor Carrier Safety Administration. Contract carriers of property shall not lease equipment to persons other than motor carriers holding authority from this Commission or the Federal Motor Carrier Safety Administration, except as such leasing is used to perform transportation authorized by this Commission.

Ala. Admin. Code r. 770-X-10-.12

Effective January 1978. Amended January 1981. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-3-5, 37-3-7, 37-3-22.