[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: 49CFR376.31]



[Page 130-131]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

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

 

                    Subpart D_Interchange Regulations

 

Sec. 376.31  Interchange of equipment.





    Authorized common carriers may interchange equipment under the 

following conditions:

    (a) Interchange agreement. There shall be a written contract, lease, 

or other arrangement providing for the interchange and specifically 

describing the equipment to be interchanged. This written agreement 

shall set forth the specific points of interchange, how the equipment is 

to be used, and the compensation for such use. The interchange agreement 

shall be signed by the parties or by their authorized representatives.

    (b) Operating authority. The carriers participating in the 

interchange shall be registered with the Secretary to provide the 

transportaiton of the commodities at the point where the physical 

exchange occurs.

    (c) Through bills of lading. The traffic transported in interchange 

service must move on through bills of lading issued by the originating 

carrier. The rates charged and the revenues collected must be accounted 

for in the same manner as if there had been no interchange. Charges for 

the use of the interchanged equipment shall be kept separate from 

divisions of the joint rates or the proportions of such rates accruing 

to the carriers by the application of local or proportional rates.

    (d) Identification of equipment. The authorized common carrier 

receiving the equipment shall identify equipment operated by it in 

interchange service as follows:

    (1) The authorized common carrier shall identify power units in 

accordance with the FMCSA's requirements in 49 CFR part 390 of this 

chapter (Identification of Vehicles). Before giving up possession of the 

equipment, the carrier shall remove all identification showing it as the 

operating carrier.

    (2) Unless a copy of the interchange agreement is carried on the 

equipment, the authorized common carrier shall carry a statement with 

each vehicle during interchange service certifying that it is operating 

the equipment. The statement shall also identify the equipment by 

company or State registration number and shall show the specific point 

of interchange, the date and time it assumes responsibility for the 

equipment, and the use to be made of the equipment. This statement shall 

be signed by the parties to the interchange agreement or their 

authorized representatives. The requirements of this paragraph shall not 

apply where the equipment to be operated in interchange service consists 

only of trailers or semitrailers.

    (3) Authorized carriers under common ownership and control may 

interchange equipment with each other without complying with the 

requirements of paragraph (d)(1) of this section pertaining to removal 

of identification from equipment.

    (e) Connecting carriers considered as owner--An authorized carrier 

receiving equipment in connection with a through movement shall be 

considered to the owner of the equipment for the purpose of leasing the 

equipment to



[[Page 131]]



other authorized carriers in furtherance of the movement to destination 

or the return of the equipment after the movement is completed.



[44 FR 4681, Jan. 23, 1979. Redesignated at 61 FR 54707, Oct. 21, 1996, 

as amended at 62 FR 15424, Apr. 1, 1997; 63 FR 40838, July 31, 1998]