Minnesota Administrative Rules

7800.2700 DUTIES OF THE LESSOR AND LESSEE.

The lease shall be executed in at least three copies. One executed copy shall be retained by the lessee, one executed copy shall be retained by the lessor, and one copy shall be kept with the leased equipment at all times during the term of the lease.

The provisions of the above paragraph shall not apply between motor carriers that have authority as defined under Minnesota Statutes, section 221.012, subdivisions 9, 32, 11, 11, 20, 21, and 23, nor shall it apply to local cartage carriers as defined in Minnesota Statutes, section 221.296.

Lessee's name and address shall be displayed on both sides of the leased and registered vehicle in required lettering. During the time that vehicles under lease are operated by the lessee, there shall be carried in such vehicle bills of lading, waybills, freight bills, manifests, or other papers identifying the lading, and which clearly indicate that the transportation of the property carried is under the responsibility of the lessee as an authorized carrier.

It 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. The person making the inspection shall certify the results thereof to the lessee, and a copy of such certification shall be carried in the motor vehicle.

All charges paid by a shipper or consignee for transportation services performed with 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. All arrangements for transportation service, solicitation therefor, claims settlement, and all other aspects of motor carrier service shall be conducted by, and in the name of, lessee only, and neither lessee nor the lessor shall by any method of service whatsoever represent or imply, or suggest, to any shipper or consignee, that the motor carrier service being offered or rendered is being offered or rendered by the lessor.

Nothing in this chapter 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 Minnesota highways.

Statutory Authority:

MS s 221.031

Published Electronically:

September 9, 2005