479.10a Lease, contract, or arrangement under which holder augments equipment.

410 words·~2 min read·/mi/chapter-479/479-10a

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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 under the motor carrier safety act, 1963 PA 181, MCL 480.11 to 480.25, and 49 CFR 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 employees of the holder.

(7)The lease, contract, or arrangement shall be in the manner, form, and further content as the commission requires by rule.

(8)The lease, contract, or arrangement shall be executed in quadruplicate, and 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)The provisions of subsection

(1)do not apply to and are not 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 ;-- Am. 2014, Act 493 , Eff. Apr. 1, 2015