Ask X3What does 49 CFR 390.403 (Lease and interchange requirements) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 390.403 requires for motor-carrier owners operating leased or interchanged passenger-carrying commercial motor vehicles:
* Lease or Agreement Required: You must have a written lease granting the use of the vehicle, or a written interchange agreement governing vehicles on a route or series of routes, that meets specific content requirements and is strictly followed (49 CFR 390.403).
* Emergency Replacement Exception: If you need an immediate replacement vehicle due to an event like a crash or breakdown, you can postpone writing the lease/agreement for up to 48 hours after taking exclusive possession. However, during this 48-hour period, your driver must carry and produce upon demand a signed and dated document containing the specific statement required by 49 CFR 390.403(a)(2) with both carriers' names, USDOT numbers, and telephone numbers.
* Required Lease Contents: The lease or agreement must include:
1. *Vehicle Identification Information:* The manufacturer's name, year of manufacture, and at least the last 6 digits of the VIN.
2. *Parties:* The legal name, USDOT number, and telephone number of both the lessee (carrier providing transportation) and the lessor (carrier providing equipment), plus the signatures of both parties or their authorized representatives.
3. *Specific Duration:* The exact time, date, and location where the agreement begins and ends.
4. *Exclusive Possession and Responsibilities:* A clear statement that the lessee has exclusive possession, control, and use of the vehicle for the agreement's duration, and assumes complete responsibility for its operation and compliance with all applicable Federal regulations. (Subleases must also meet all of these requirements).
* Copy Retention and Carriage: A copy of the lease or interchange agreement must be kept on the vehicle during the entire period of the agreement. Additionally, both the lessee and lessor must retain a copy for 1 year after the expiration date.