[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR376.2]



[Page 124-125]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 376_LEASE AND INTERCHANGE OF VEHICLES--Table of Contents

 

             Subpart A_General Applicability and Definitions

 

Sec. 376.2  Definitions.



    (a) Authorized carrier. A person or persons authorized to engage in 

the transportation of property as a motor carrier under the provisions 

of 49 U.S.C. 13901 and 13902.

    (b) Equipment. A motor vehicle, straight truck, tractor, 

semitrailer, full trailer, any combination of these and any other type 

of equipment used by authorized carriers in the transportation of 

property for hire.

    (c) Interchange. The receipt of equipment by one motor common 

carrier of property from another such carrier, at a point which both 

carriers are authorized to serve, with which to continue a through 

movement.

    (d) Owner. A person (1) to whom title to equipment has been issued, 

or (2) who, without title, has the right to exclusive use of equipment, 

or (3) who has lawful possession of equipment registered and licensed in 

any State in the name of that person.

    (e) Lease. A contract or arrangement in which the owner grants the 

use of equipment, with or without driver, for a specified period to an 

authorized carrier for use in the regulated transportation of property, 

in exchange for compensation.



[[Page 125]]



    (f) Lessor. In a lease, the party granting the use of equipment, 

with or without driver, to another.

    (g) Lessee. In a lease, the party acquiring the use of equipment 

with or without driver, from another.

    (h) Sublease. A written contract in which the lessee grants the use 

of leased equipment, with or without driver, to another.

    (i) Addendum. A supplement to an existing lease which is not 

effective until signed by the lessor and lessee.

    (j) Private carrier. A person, other than a motor carrier, 

transporting property by motor vehicle in interstate or foreign commerce 

when (1) the person is the owner, lessee, or bailee of the property 

being transported; and (2) the property is being transported for sale, 

lease, rent, or bailment, or to further a commercial enterprise.

    (k) Shipper. A person who sends or receives property which is 

transported in interstate or foreign commerce.

    (l) Escrow fund. Money deposited by the lessor with either a third 

party or the lessee to guarantee performance, to repay advances, to 

cover repair expenses, to handle claims, to handle license and State 

permit costs, and for any other purposes mutually agreed upon by the 

lessor and lessee.

    (m) Detention. The holding by a consignor or consignee of a trailer, 

with or without power unit and driver, beyond the free time allocated 

for the shipment, under circumstances not attributable to the 

performance of the carrier.



[44 FR 4681, Jan. 23, 1979, as amended at 49 FR 47850, Dec. 7, 1984; 62 

FR 15424, Apr. 1, 1997]