(a) the parties. The lease agreement is between the licensed carrier and the owner of the equipment. The lease agreement is signed by these parties or their authorized representatives. b) the specific duration. The lease sets the time and date or circumstances in which the lease begins and expires. These periods or circumstances coincide with the receipts in the . Article 376, paragraph 11, point b) (3) An approved carrier leases household goods equipment. in the secretary`s sense, the parties may provide in the lease agreement that the provisions in paragraph c) paragraph 1 of this section apply only during the duration of the equipment`s operation by or for the licensed taker. There are really no federal fuel surcharge rules. The amount you pay the owner operator is really what is included in the lease. You should now take a look at your rental agreement with owner-operators. Is there a provision in your rental agreement that says anything about additional payments like the fuel surcharge? The regulation is included in Title 49, Part 376 of the Federal Regulations Code: 49 CFR 376.12 d), which stipulates that compensation must be specified. The amount to be paid must be clearly stated within the scope of the lease or in an endorsement.
The amount payable may be expressed as a percentage of gross sales, at a flat rate per mile, at variable rates depending on the direction or type of goods transported, or on another method of compensation agreed by the parties to the lease. To get the full speed, you can go to your “search engine” as google.com and enter 49 CFR 376. You may want to check your entire rental to see if it is compliant. 1. The lease agreement provides for the legal obligation for the licensed air carrier to maintain insurance coverage for public protection in accordance with FMCSA rules, in accordance with point 49.C.C 13906. The lease also indicates who is responsible for the operation of the leased equipment, for example. B Bobtail insurance, for other insurance coverage. If the authorized carrier re-enters a tax to the lessor for one of these insurances, the lease agreement must indicate the amount that will be refunded to the lessor. (k) Trust funds. Where trust funds are required, the lease agreement must state: (g) copies of the freight invoice or any other form of cargo documentation. If a lessor`s turnover is based on a percentage of the gross turnover of a lot, the taker must indicate that the authorized carrier must provide the renter, before or at the time of billing, with a copy of the related freight invoice or, in the case of the contracting agencies, any other form of documentation actually used for a shipment containing the same information that would appear on an evaluated freight invoice.
Gives. Regardless of the type of compensation, the lessor must allow the lessor to review copies of the airline`s fare or, in the case of the contracting agencies, other documents from which tariffs and charges are calculated, provided that, for the calculation of tariffs and fees of a contract, only the parts of the contract containing the same information that would appear on an assessed freight invoice must be disclosed. The authorized carrier may delete the names of shippers and recipients on the freight invoice or any other form of documentation. (6) The conditions that the lessor must meet in order to have the trust fund reimbursed. At the time of the return of the trust fund, the approved air carrier may withdraw funds under the lease agreements made by the lessor and provide the lessor with a definitive accounting of all final deductions to the trust fund.