Wash. Admin. Code § 480-70-211

Current through Register Vol. 24-18, September 15, 2024
Section 480-70-211 - Leasing vehicles
(1) A company operating a leased vehicle must have a physical or digital copy of a lease agreement with the owner of the vehicle.
(2) It is the company's responsibility to ensure that:
(a) A physical or digital copy of the lease is carried in each leased vehicle;
(b) A physical or digital copy of the lease is kept in the company's files during the effective period of the lease and for one year after the lease expires;
(c) A physical or digital copy of the lease is provided to the owner of the leased vehicle;
(d) The company has complete possession, control, and use of the motor vehicle during the period of the lease;
(e) The leased motor vehicle is properly insured as specified in WAC 480-70-181;
(f) The leased vehicle is properly identified as specified in WAC 480-70-206;
(g) The leased vehicle is operated in compliance with all safety laws and rules, including those regarding vehicle inspection, records, and maintenance; and
(h) The terms of the lease are followed.
(3) If a company leases a vehicle with a driver, the company must also ensure that:
(a) The driver of the leased motor vehicle is on the company's payroll during the lease period;
(b) The driver operates in compliance with all driver qualification, safety and hours of service laws and rules;
(c) The driver is subject to the company's alcohol and controlled substance policies; and
(d) The company maintains appropriate files and paperwork on the driver for a period of one year following the expiration of the lease.
(4) The company and the owner of the leased vehicle must specify in the lease who is responsible for all expenses relating to the leased motor vehicle. The lease must contain all information shown in the following sample lease form. If a company uses an alternate form, the company must ensure the alternate form contains all information requested on the sample.

Illustration of motor vehicle lease form:

EQUIPMENT LEASE

A copy of this lease must be carried in the leased vehicle. Copies must also be maintained in the files of both parties for the length of the lease plus one year following the expiration of the lease. Digital copies are acceptable.

Name and address of company leasing vehicle (lessee):

G certificate number:

Name and address of party from whom the vehicle is being leased (lessor):

G certificate number:

Vehicle make:

Vehicle year:

Vehicle Identification Number:

Vehicle License Number:

The lease will become effective at _____ (time) on ____ (date), and will continue until _____ (date) unless canceled in writing before that date.

Compensation that will be paid to owner of vehicle (lessor): $ _____ per ____

If lease also includes driver, compensation for driver: $ _____ per _____

Lessee/Lessor Expense Agreement

Place an "x" or a checkmark next to each item indicating whether the lessee or lessor is responsible for the listed expense.

Item

Lessee

Lessor

Item

Lessee

Lessor

Vehicle Licensing Fees

Equipment Rental Taxes

Toll and Ferry Charges

Fuel and Oil

Vehicle Loan Payments

Vehicle Maintenance

Parts & Tires

Major Vehicle Repairs

Insurance, Comprehensive

Minor Vehicle Repairs

Insurance, Theft

Other (explain):

Insurance, Fire

Other (explain):

Under the terms of this lease, the lessee must:

* Have complete possession, control and use of the vehicle during the lease period;

* Be in complete control of all operations;

* Provide liability and property damage insurance;

* Ensure that the driver of the leased vehicle is an employee of the lessee;

* Ensure that the vehicle is properly identified;

* Comply with all safety regulations; and

* Bill and collect proper tariff rates and charges.

The parties signing this lease certify that the information shown above is true and correct, that the provisions of the lease will be enforced by both parties, and that all operations conducted with the leased equipment will be conducted in compliance with applicable laws and rules.

Lessee Signature/Title date signed

Lessor Signature/Title date signed

Wash. Admin. Code § 480-70-211

Amended by WSR 23-15-054, Filed 7/13/2023, effective 8/13/2023

Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. 01-08-012 (Docket No. TG-990161, General Order No. R-479), § 480-70-211, filed 3/23/01, effective 4/23/01.