49 CFR 376.12 - Written lease requirements

Cite as49 CFR 376.12
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304 practice notes
  • Estrada v. Fedex Ground Package System, No. B189031.
    • United States
    • California Court of Appeals
    • August 13, 2007
    ...federal law, the drivers' trucks cannot be used for personal use during the hours they are used to deliver packages for FedEx. (See 49 C.F.R. § 376.12(c).) Because the drivers must park their trucks in assigned spaces at their terminals, and because the logos on most of the trucks are diffi......
  • Rodriguez v. Rwa Trucking Co., B241727
    • United States
    • California Court of Appeals
    • September 12, 2013
    ...when enacting 49 U.S.C. § 14501(c)(2). Renteria, 1999 WL 33268638 at *2. The Renteria Court held that ‘[t]he aim of the regulation [49 C.F.R. § 376.12(j)(1) ] is to compel disclosure of the contract terms between the owner-operators and the carriers, Similarly, while separate licensing requ......
  • Rodriguez v. Rwa Trucking Co., B241727
    • United States
    • California Court of Appeals
    • September 20, 2013
    ...also rejects RWA's argument that its practice of violating Insurance Code § 381 is permitted by the ‘Truth–in–Leasing’ regulation in 49 C.F.R. § 376.12(j).1 Regardless whether charge-backs for insurance might be permitted, RWA must comply with the law in making any such charge-backs, such a......
  • Castro v. Budget Rent-a-Car System, Inc., No. B189140.
    • United States
    • California Court of Appeals
    • September 4, 2007
    ...that Budget is a motor carrier subject to the "control and responsibility" requirements of federal law (49 U.S.C. § 14102(a)(4); 49 C.F.R. § 376.12(c)(1) (2006); see Transamerican Freight Lines, Inc. v. Brada Miller 65 Cal.Rptr.3d 435 Freight Systems (1975) 423 U.S. 28, 29, 96 S.Ct. 229, 46......
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282 cases
  • Estrada v. Fedex Ground Package System, No. B189031.
    • United States
    • California Court of Appeals
    • August 13, 2007
    ...federal law, the drivers' trucks cannot be used for personal use during the hours they are used to deliver packages for FedEx. (See 49 C.F.R. § 376.12(c).) Because the drivers must park their trucks in assigned spaces at their terminals, and because the logos on most of the trucks are diffi......
  • Rodriguez v. Rwa Trucking Co., B241727
    • United States
    • California Court of Appeals
    • September 12, 2013
    ...when enacting 49 U.S.C. § 14501(c)(2). Renteria, 1999 WL 33268638 at *2. The Renteria Court held that ‘[t]he aim of the regulation [49 C.F.R. § 376.12(j)(1) ] is to compel disclosure of the contract terms between the owner-operators and the carriers, Similarly, while separate licensing requ......
  • Rodriguez v. Rwa Trucking Co., B241727
    • United States
    • California Court of Appeals
    • September 20, 2013
    ...also rejects RWA's argument that its practice of violating Insurance Code § 381 is permitted by the ‘Truth–in–Leasing’ regulation in 49 C.F.R. § 376.12(j).1 Regardless whether charge-backs for insurance might be permitted, RWA must comply with the law in making any such charge-backs, such a......
  • Castro v. Budget Rent-a-Car System, Inc., No. B189140.
    • United States
    • California Court of Appeals
    • September 4, 2007
    ...that Budget is a motor carrier subject to the "control and responsibility" requirements of federal law (49 U.S.C. § 14102(a)(4); 49 C.F.R. § 376.12(c)(1) (2006); see Transamerican Freight Lines, Inc. v. Brada Miller 65 Cal.Rptr.3d 435 Freight Systems (1975) 423 U.S. 28, 29, 96 S.Ct. 229, 46......
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4 firm's commentaries
  • Financial Responsibility of Interstate Motor Carriers for Negligence of Truck Drivers
    • United States
    • LexBlog United States
    • November 2, 2006
    ...American Trucking Ass’ns, Inc. v. United States, 344 U.S. 298, 302-306 (1953) In the end, the modern laws (currently 49 C.F.R. §§ 376.11, 376.12, 390.5 and 49 U.S.C. § 14102) prevent motor carriers from evading responsibility for the negligent acts of their drivers by attempting to label th......
  • Seventh Circuit Denies Challenge to FMCSA Electronic Logging Device Rule
    • United States
    • LexBlog United States
    • November 7, 2016
    ...here, the U.S. Court of Appeals for the Tenth Circuit held that a motor carrier violated truth-in-leasing regulations — specifically, 49 C.F.R. § 376.12(i) — by requiring, as a condition of entering into a lease arrangement, that truckers pay $15 each week for use of the carrier’s satellite......
  • Seventh Circuit Denies Challenge to FMCSA Electronic Logging Device Rule
    • United States
    • JD Supra United States
    • November 4, 2016
    ...here, the U.S. Court of Appeals for the Tenth Circuit held that a motor carrier violated truth-in-leasing regulations — specifically, 49 C.F.R. § 376.12(i) — by requiring, as a condition of entering into a lease arrangement, that truckers pay $15 each week for use of the carrier’s satellite......
  • InterConnect FLASH! No. 63 - Employee v. IC: Dual Role of Agent and Small Fleet Owner
    • United States
    • JD Supra United States
    • September 1, 2017
    ...relationship between Edwards and McGowan and/or McElliotts Trucking actually was: whether a mere “helper” or an employee of McElliotts. 3 49 CFR §376.12 et 4 The four factors are (1) selection and engagement of the servant; (2) payment of compensation; (3) power of dismissal; (4) power of c......
3 books & journal articles
  • Insurance coverage and conflicting interpretations of the MCS-90.
    • United States
    • Defense Counsel Journal Vol. 74 Nbr. 4, October 2007
    • October 1, 2007
    ...Surface Transportation Board. (19) 49 U.S.C. [section] 13902(a)(1); 49 U.S.C. [section] 31139. (20) 49 U.S.C. [section] 14102(a)(4); 49 C.F.R. 376.12(c)(1) (2001) (Carrier must maintain "exclusive possession, control, and use of the equipment for the duration of the lease"). (21) Wells v. G......
  • SC Lawyer, July 2012, #1. Commercial Vehicle Cases.
    • United States
    • South Carolina Bar Journal Nbr. 2012, January 2012
    • January 1, 2012
    ...an interstate motor carrier that leases a tractor and driver to have "exclusive possession, control and use" of the leased vehicle. 49 C.F.R. 376.12(c) (2012). Based on these provisions, the motor carrier is responsible to the public for the negligence of the driver even though the driver i......
  • SC Lawyer, January 2007, #5. Logo Liability in Tractor-Trailer Cases.
    • United States
    • South Carolina Bar Journal Nbr. 2007, January 2007
    • January 1, 2007
    ...equipment. The courts in Proctor and American Interinsurance Exchange base their analysis on a federal regulation set forth at 49 CFR 376.12(c)(1). This regulation states that motor carrier "shall provide that the authorized carrier shall have exclusive possession, contr......

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