Section 479.10a - Lease, contract, or arrangement under which holder augments equipment; section inapplicable to interchange of equipment; subsection (1) inapplicable to movers of household goods.
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
479.10a Lease, contract, or arrangement under which holder augments equipment; section inapplicable to interchange of equipment; subsection (1) inapplicable to movers of household goods.
Sec. 10a.
(1) The lease, contract, or arrangement under which a holder augments his or her equipment shall specify the period for which the equipment is to be operated, which shall not be less than 30 days, and shall include a provision that the vehicle has, within the immediately preceding 12 months, passed an inspection pursuant to the requirements of the motor carrier safety act, Act No. 181 of the Public Acts of 1963, being sections 480.11 to 480.21 of the Michigan Compiled Laws, and 49 C.F.R. part 396.
(2) The lease, contract, or arrangement shall specify the compensation to be paid by the lessee or party to the contract or arrangement for the rental or use of the equipment.
(3) The lease, contract, or arrangement shall specify the time and date or the circumstance on which the contract, lease, or other arrangement begins, and the time or circumstance on which it ends.
(4) The lease, contract, or arrangement shall vest in the holder of the vehicle exclusive possession and control of the vehicle for the entire term of the lease, contract, or arrangement.
(5) The lease, contract, or arrangement shall provide that any operation of the vehicle shall be conducted under the exclusive supervision, direction, and control of the holder.
(6) The lease, contract, or arrangement shall provide that the vehicle, at all times, while being operated under the lease, contract, or arrangement, shall be operated only by persons who are employees of the holder who stand in relation to the holder as employee to employer.
(7) The lease, contract, or arrangement shall be in the manner, form, and further content as the commission by rule provides.
(8) The lease, contract, or arrangement shall be executed in quadruplicate; the original shall be filed with the commission. One copy shall be retained by the authorized motor carrier in whose service the equipment is to be operated, 1 copy shall be retained by the owner of the equipment, and 1 copy shall be carried on the equipment specified in the lease, contract, or arrangement during the entire period of the contract, lease, or other arrangement.
(9) Nothing in this section shall apply to the interchange with other certificated motor common carriers or the multiple certification of motor carrier equipment when specific approval and authority to interchange the equipment has been or is granted by the commission.
(10) The provisions of subsection (1) shall not apply to or be required of or between movers of household goods, when the equipment is used to transport household goods as defined by the commission.
History: Add. 1959, Act 232, Imd. Eff. Aug. 12, 1959 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994