Oklahoma § 47-166.5 - Conflicting constitutional provisions - Amendment and

§ 47-166.5. Conflicting constitutional provisions - Amendment and

alteration.

If this act or the Motor Carrier Act of 1995 or any provision

hereof is, or may be deemed to be, in conflict or inconsistent with

any of the provisions of Section 18 through Section 34, inclusive,

of Article IX of the Constitution of the State of Oklahoma, then, to

the extent of any such conflicts or inconsistencies, it is hereby

expressly declared that this entire act and this section are

amendments to and alterations of the sections of the Constitution,

as authorized by Section 35 of Article IX of said Constitution.

Added by Laws 1980, c. 13, § 5, emerg. eff. March 20, 1980. Amended

by Laws 1995, c. 143, § 19, eff. Nov. 1, 1995.

§47-166a. Definitions - Operation of equipment not owned by motor

carrier - Leases - Application of provisions.

A. As used in this section:

1. "Authorized carrier" means a motor carrier of household

goods;

2. "Equipment" means 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 household goods;

Oklahoma Statutes - Title 47. Motor Vehicles

3. "Owner" means a person to whom title to equipment has been

issued, or who, without title, has the right to exclusive use of

equipment for a period longer than thirty (30) days;

4. "Lease" means 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 household goods in exchange for compensation;

5. "Lessor", in a lease, means the party granting the use of

equipment with or without driver to another;

6. "Lessee", in a lease, means the party acquiring the use of

equipment with or without driver from another;

7. "Addendum" means a supplement to an existing lease which is

not effective until signed by the lessor and lessee; and

8. "Shipper" means a person who sends or receives household

goods which are transported in intrastate commerce in this state.

B. An authorized carrier may perform authorized transportation

in equipment it does not own only under the following conditions:

1. There shall be a written lease granting the use of the

equipment and meeting the requirements as set forth in subsection C

of this section;

2. The authorized carrier acquiring the use of equipment under

this section shall identify the equipment in accordance with the

Commission's requirements; and

3. Upon termination of the lease, the authorized carrier shall

remove all identification showing it as the operating carrier before

giving up possession of the equipment.

C. The written lease required pursuant to subsection B of this

section shall contain the following provisions. The required lease

provisions shall be adhered to and performed by the authorized

carrier as follows:

1. The lease shall be made between the authorized carrier and

the owner of the equipment. The lease shall be signed by these

parties or by their authorized representatives;

2. The lease shall specify the time and date or the

circumstances on which the lease begins and ends and include a

description of the equipment which shall be identified by vehicle

serial number, make, year, model and current license plate number;

3. The period for which the lease applies shall be for thirty

(30) days or more when the equipment is to be operated for the

authorized carrier by the owner or an employee of the owner;

4. The lease shall provide that the authorized carrier lessee

shall have exclusive possession, control and use of the equipment

for the duration of the lease. The lease shall further provide that

the authorized carrier lessee shall assume complete responsibility

for the operation of the equipment for the duration of the lease;

5. The amount to be paid by the authorized carrier for

equipment and driver's services shall be clearly stated on the face

Oklahoma Statutes - Title 47. Motor Vehicles

of the lease or in an addendum which is attached to the lease. The

amount to be paid may be expressed as a percentage of gross revenue,

a flat rate per mile, a variable rate depending on the direction

traveled or the type of commodity transported, or by any other

method of compensation mutually agreed upon by the parties to the

lease. The compensation stated on the lease or in the attached

addendum may apply to equipment and driver's services either

separately or as a combined amount;

6. The lease shall clearly specify the responsibility of each

party with respect to the cost of fuel, fuel taxes, empty mileage,

permits of all types, tolls, detention and accessorial services,

base plates and licenses, and any unused portions of such items.

Except when the violation results from the acts or omissions of the

lessor, the authorized carrier lessee shall assume the risks and

costs of fines for overweight and oversize trailers when the

trailers are preloaded, sealed, or the load is containerized, or

when the trailer or lading is otherwise outside of the lessor's

control, and for improperly permitted over-dimension and overweight

loads and shall reimburse the lessor for any fines paid by the

lessor. If the authorized carrier is authorized to receive a refund

or a credit for base plates purchased by the lessor from, and issued

in the name of, the authorized carrier, or if the base plates are

authorized to be sold by the authorized carrier to another lessor,

the authorized carrier shall refund to the initial lessor on whose

behalf the base plate was first obtained a prorated share of the

amount received;

7. The lease shall specify that payment to the lessor shall be

made by the authorized carrier within fifteen (15) days after

submission of the necessary delivery documents and other paperwork

concerning a trip in the service of the authorized carrier. The

paperwork required before the lessor can receive payment is limited

to those documents necessary for the authorized carrier to secure

payment from the shipper. The authorized carrier may require the

submission of additional documents by the lessor but not as a

prerequisite to payment;

8. The lease shall clearly specify the right of those lessors

whose revenue is based on a percentage of the gross revenue for a

shipment to examine copies of the authorized carrier's freight bill

before or at the time of settlement. The lease shall clearly

specify the right of the lessor, regardless of method of

compensation, to examine copies of the carrier's tariff;

9. The lease shall clearly specify all items that may be

initially paid for by the authorized carrier, but ultimately

deducted from the lessor's compensation at the time of payment or

settlement together with a recitation as to how the amount of each

item is to be computed. The lessor shall be afforded copies of

Oklahoma Statutes - Title 47. Motor Vehicles

those documents which are necessary to determine the validity of the

charge;

10. The lease shall specify that the lessor is not required to

purchase or rent any products, equipment, or services from the

authorized carrier as a condition of entering into the lease

arrangement;

11. As it relates to insurance:

a.

the lease shall clearly specify the legal obligation

of the authorized carrier to maintain insurance

coverage for the protection of the public, and

b.

the lease shall clearly specify the conditions under

which deductions for cargo or property damage may be

made from the lessor's settlements. The lease shall

further specify that the authorized carrier must

provide the lessor with a written explanation and

itemization of any deductions for cargo or property

damage made from any compensation of money owed to the

lessor. The written explanation and itemization must

be delivered to the lessor before any deductions are

made; and

12. An original and two copies of each lease shall be signed by

the parties. The authorized carrier shall keep the original and

shall place a copy of the lease in the equipment during the period

of the lease. The owner of the equipment shall keep the other copy

of the lease.

D. The provisions of this section shall apply to the leasing of

equipment with which to perform household goods transportation by

motor carriers.

Added by Laws 1984, c. 60, § 2. Amended by Laws 1995, c. 143, § 20,

eff. Nov. 1, 1995; Laws 2009, c. 183, § 6, eff. Nov. 1, 2009.