Rented and leased CMVs

Scope

This regulation applies to motor carriers operating a leased or rented CMV involved in interstate commerce.

Regulatory citations

• 49 CFR 390.21(e) — Rented CMVs and leased passenger-carrying CMVs

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or   
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.

• Interchange: The act of providing:
  • Intermodal equipment to a motor carrier according to an agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider, but it does not include the leasing of equipment to a motor carrier for primary use in the motor carrier’s freight hauling operations; or
  • A passenger-carrying commercial motor vehicle by one motor carrier of passengers to another such carrier, at a point which both carriers are authorized to serve, with which to continue a through movement.
• Lease: A contract or agreement in which a motor carrier of passengers grants the use of a passenger-carrying commercial motor vehicle to another motor carrier, with or without a driver, for a specified period for the transportation of passengers, whether or not compensation for such use is specified or required, when one or more of the motor carriers of passengers is not authorized to operate in interstate commerce pursuant to 49 U.S.C. 13901-13902. The term lease includes an interchange or other agreement granting the use of a passenger-carrying commercial motor vehicle for a specified period, with or without a driver, whether or not compensation for such use is specified or required.
• Lessee: The motor carrier obtaining the use of a passenger-carrying commercial motor vehicle, with or without the driver, from another motor carrier, through a lease. The term lessee includes a motor carrier obtaining the use of a passenger-carrying commercial motor vehicle from another motor carrier under an interchange or other agreement, with or without a driver, whether or not compensation for such use is specified.
• Lessor: The motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier, through a lease. The term lessor includes a motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier under an interchange or other agreement, whether or not compensation for such use is specified.

Summary of requirements

A motor carrier operating a self-propelled CMV under a rental agreement or lease having a term not in excess of 30 calendar days may be marked with either the information listed under the “General Requirements” section of this chapter, or:

• The legal name or single trade name of the lessor; and
• The lessor’s identification number issued by the Federal Motor Carrier Safety Administration (FMCSA), preceded by the letters “USDOT.”

Rental agreement. The rental agreement or lease between the lessor and the renting motor carrier or lessee must include:

• The name and complete physical address of the principal place of business of the renting motor carrier or lessee;
• The renting motor carrier’s or lessee’s identification number issued by FMCSA, preceded by the letters “USDOT,” if the carrier has been issued such a number; and
• The sentence: “This lessor cooperates with all federal, state, and local law enforcement officials nationwide to provide the identity of customers who operate this rental CMV.”

The rental agreement or lease entered into by the lessor and the renting motor carrier or lessee must be carried on the rental or leased CMV during the full term of the rental agreement or lease.

Exceptions. In place of the identification number, the rental agreement may show information which will indicate if the carrier is engaged in “interstate” or “intrastate” commerce, and if the carrier is transporting hazardous materials in the rented CMV.

A passenger-carrying CMV operating under the 48-hour emergency exception in §390.403(a)(2) does not need to enter into the rental agreement described above, provided the lessor and lessee comply with the requirements of §390.403(a)(2).

A motor carrier operating a self-propelled CMV under a lease subject to Part 390, Subpart G must begin complying with the requirements listed above on January 1, 2021.