38.3.2003 DUTIES AND OBLIGATIONS OF LESSOR AND LESSEE UNDER EQUIPMENT LEASE
following are duties of the lessor and lessee:
lease shall be executed by the parties in three copies: One each for the lessor
and lessee, and one copy to be carried in the leased equipment during the
entire term of the lease.
(b) Power equipment so leased must display in a conspicuous place on both sides of
the cab the identity and address of the lessor, and lessee, and the certificate
number under which the power unit is operating.
(c) During the time the equipment under lease is operated by the lessee, there
shall be carried in such vehicle, in addition to a copy of the lease; bills of
lading, waybills, freight bills, manifests, or other papers identifying the
lading, and which clearly indicates that the transportation of the property
carried is under the responsibility of the lessee as the authorized carrier.
shall be the duty of the lessee-carrier, before taking possession of the
equipment, to have the same inspected by a qualified person to insure that said
equipment is in safe operating condition and in conformity with the motor carrier
safety regulations of the commission. The person making the inspection shall
certify the results thereof to the lessee, and a copy of such certification
shall be carried in the equipment.
charges paid by a shipper or consignee for transportation services performed by
use of leased equipment shall be paid to the lessee only, and the lessor shall
exercise no control or dominion over such revenues. The driver of a leased
vehicle may, when required, physically collect such charges from the shipper or
consignee, but shall immediately deliver all said funds to the lessee.
arrangements for transportation services, solicitation therefore, claims
settlement, and all other aspects of motor carrier service, shall be conducted
by, and in the name of, the lessee only, and neither lessee, nor the lessor,
shall by any representation or act whatsoever, represent or imply, or suggest
to any shipper or consignee, that the motor carrier
being offered or rendered, is being offered or rendered by the lessor.
(g) No lease shall be
assigned or re-leased by either party without the written consent of both
parties signatory thereto.
(h) Nothing in these regulations
shall be construed to relieve the lessee, the lessor or the driver of any
leased equipment from compliance with the laws, rules and regulations
pertaining to the operation of motor vehicles on Montana highways.
History: Secs. 69-12-201 and 69-12-204, MCA; IMP, Sec. 69-12-611, MCA; Eff. 12/31/72; AMD, 1983 MAR p. 1736, Eff. 11/26/83.