4 N.C. Admin. Code 11R02-06

Current through Register Vol. 39, No. 9, November 1, 2024

Section 11 R02-06 - USE OF RENTED OR LEASED VEHICLES

(a) No carrier authorized to operate as a common carrier of household goods shall use any vehicle of which such carrier is not the owner for the transportation of household goods for compensation, except under a bona fide written lease from the owner, subject to the following conditions:

(1) The lessee shall use such vehicles only for purposes and within the territory covered by his certificate of exemption and for the term of the lease.

(2) The household goods transported shall be transported in the name of and under the responsibility of the said lessee, and under the direct supervision and control of the lessee.

(3) The drivers of said leased equipment shall be directly supervised and controlled by lessee.

(4) The name, address, and certificate of exemption number assigned to the lessee shall be displayed on the leased vehicle as required by Rule R2-26.

(5) The vehicle shall be covered by insurance in the name of the lessee as required by Rule R2-36.

(6) The lease shall specify a definite effective period, the amount of consideration to the lessor, and shall list and describe the equipment covered.

(7) A legible copy of the executed lease shall be carried in the leased vehicle at all times, unless a certificate as provided in subsection (a)(8) of this Rule is carried in lieu thereof.

(8) Unless a copy of the lease is carried on the equipment as provided in subsection (a)(7) of this Rule, the authorized carrier shall prepare a statement certifying that the equipment is being operated by it, which shall specify the name of the owner, the date of the lease, the period thereof, any restrictions therein relative to the commodities to be transported, and the location of the premises where the original of the lease is kept by the authorized carrier, which certificate shall be carried with the equipment at all times during the entire period of the lease. Such certificate shall be in the following form or on such other form as may be submitted to and approved in advance by the Commission:

CERTIFICATE OF LEASE

This is to certify that this unit is being operated by _________________________________________

(Name of Authorized Carrier)

_________________________________________

(Address)

Under a written lease from: _________________________________________

(Name of Owner)

Address: ___________________________________________________________

Date of Lease: ____________________________________________________

Equipment: Make: ______ Year: _____ Model: _____ Serial Number: __________

Period of Lease: _____________________________________________________

Commodities Authorized:______________________________________________

I hereby certify that the original lease is on file at___________________________

____________________________________

(Name of Authorized Operating Carrier)

BY:_________________________________

(Duly Authorized Officer)

Exception: The provisions of this rule shall not apply to the interchange of trailers.

(b) No common carrier of household goods shall lease its equipment for private use in the transportation of commodities which it is authorized to transport by authority of the Commission, and no common carrier of household goods shall lease equipment with drivers to private carriers or shippers under any circumstance.

(c) Repealed.

04 N.C. Admin. Code 11 R02-06

NCUC Docket No. M-100, Sub 6, 10/15/65; NCUC Docket No. M-100, Sub 18, 6/4/69, 6/9/69; NCUC Docket No. T-100, Sub 32, 8/23/95; NCUC Docket No. T-100, Sub 49, 01/09/04.