Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-13 - MOTOR CARRIER LEASING REGULATIONS › Rule 515-16-13-.03 - General Leasing Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Other than through the interchange of
				equipment as set forth in Commission Transportation Rule
				515-16-13-.08 and under the
				exemptions set forth in of these regulations, the authorized carrier may
				perform authorized transportation in Commission Transportation Rules
				515-16-13-.05 and
				515-16-13-.06; the authorized
				carrier may perform authorized transportation in equipment it does not own only
				under the following circumstances:
(a) Lease
				- There shall be a written lease granting the use of the equipment and meeting
				the requirements contained in Commission Transportation Rule
				515-16-13-.04.
(b) Receipts for equipment - Receipts,
				specifically identifying the equipment to be leased and stating the date and
				time of day possession is transferred, shall be given as follows:
1. When possession of the equipment is taken
				by the authorized carrier, it shall give the owner of the equipment a receipt.
				The receipt identified in this Rule may be transmitted by mail, telegraph,
				facsimile, e-mail or other similar means of communications.
2. When possession of the equipment by the
				authorized carrier ends, a receipt shall be given in accordance with the terms
				of the lease agreement if the lease agreement requires a receipt.
3. Authorized representatives of the carrier
				and the owner may take possession of leased equipment and give and receive the
				receipts required under this subparagraph.
(c) Identification of equipment - The
				authorized carrier acquiring the use of equipment under this Rule shall
				identify the equipment as being in its service as follows:
1. During the period of the lease, the
				carrier shall identify the equipment in accordance with the FMCSA's
				requirements in 49 CFR part 390 of this chapter (Identification of
				Vehicles).
2. Unless a copy of the
				lease is carried on the equipment, the authorized carrier shall keep a
				statement with the equipment during the period of the lease certifying that the
				equipment is being operated by it. The statement shall also specify the name of
				the owner, the date and length of the lease, any restrictions in the lease
				relative to the commodities to be transported, and the address at which the
				original lease is kept by the authorized carrier. This statement shall be
				prepared by the authorized carrier or its authorized representative.
(d) Records of equipment - The
				authorized carrier using equipment leased under this Rule shall keep records of
				the equipment as follows:
1. The authorized
				carrier shall prepare and keep documents covering each trip for which the
				equipment is used in its service. These documents shall contain the name and
				address of the owner of the equipment, the point of origin, the time and date
				of departure, and the point of final destination. Also, the authorized carrier
				shall carry papers with the leased equipment during its operation containing
				this information and identifying the lading and clearly indicating that the
				transportation is under its responsibility. These papers shall be preserved by
				the authorized carrier as part of its transportation records. Leases which
				contain the information required by the provisions in this paragraph may be
				used and retained instead of such documents or papers. As to lease agreements
				negotiated under a master lease, this provision is complied with by having a
				copy of a master lease in the unit of equipment in question and where the
				balance of documentation called for by this paragraph is included in the
				freight documents prepared for the specific movement.