West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-09 - Rules Governing Motor Carriers, Private Commercial Carriers, and the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers › Section 150-9-9 - Leased Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Leasing of equipment by motor carriers; exceptions. - A motor carrier of
				passengers or property may acquire by lease the entire amount of equipment
				operated under its authority. However, that motor carrier may not, without
				prior approval from the Commission, obtain that equipment from another motor
				carrier or public utility.
9.2.
				Uniform vehicle identification cards. - The Commission shall issue Uniform
				Vehicle Identification Cards in the name of the carrier under whose authority
				die equipment is to be operated.
9.3. Construction of lease. - No lease of
				vehicles shall be construed to confer upon the lessee any right to operate
				under the authority held by die lessor.
9.4. Certificate of lease. - A common or
				contract carrier shall not operate any leased equipment until a Certificate of
				Lease as prescribed in Rule 10.1.22., P.S.C. W. Va. M.C. Form No. 31, is filed
				with the Commission, and the lessee common or contract motor carrier obtains in
				its name a Uniform Vehicle Identification Care and/or pays the prescribed
				special annual assessment for the vehicle so leased.
9.5. Control of leased equipment. - Equipment
				leased by a common or contract carrier by motor vehicle from another company
				shall be under the exclusive direction and control of the lessee for the
				duration of the lease.
9.6.
				Single-source leasing. - A motor carrier of property may acquire, from a
				particular person or entity that is not regulated by the Commission, both
				equipment and a driver or drivers in a single transaction, through the use of a
				written lease, if and only if all of the following requirements are met.
9.6.1. The lease agreement must recite, and
				the surrounding facts must reflect, that the leased equipment and driver are
				exclusively committed to the lessee's use for the term of the lease for any
				purpose consistent with the provisions of the lease;
9.6.2. The lease agreement must provide, and
				the surrounding facts must reflect, that the lessee has exclusive dominion and
				control over the transportation service conducted by the leased equipment and
				driver during the term of the lease;
9.6.3. The lessee must obtain public
				liability insurance or otherwise accept responsibility to the public for any
				injury caused in the course of performing the transportation service conducted
				by it with the leased equipment and driver during the term of the lease, in
				accordance with the Commission's rules and regulations governing insurance for
				motor carriers;
9.6.4. The leased
				equipment must display appropriate identification showing operation by the
				lessee during the performance of such transportation (see Rule
				4.11.).
9.6.5. The lessee must
				accept responsibility for, and bear the cost, of, the compliance of both said
				driver and said equipment with the Commission's safety rules and regulations
				during the term of the lease;
9.6.6. The lessee must bear the risk of
				damage to cargo, subject to any right of action said lessee may have against
				the lessor for the latter's negligence;
9.6.7. The term of the lease must be for a
				minimum period of thirty (30) days; and
9.6.7.a. a copy of the lease must be carried
				in the leased equipment during the term of said lease, and must be presented,
				upon demand, to the Commission's Utility Inspector for inspection
				thereof.