Lease and Interchange of Vehicles

The purpose of this ICR revision is to ensure that truck and bus carriers are identified (and in some cases protected) when they agree to lease their equipment and drivers to other carriers. This ICR also ensures that FMCSA, our State partners, and the National Transportation Safety Board (NTSB) are better able to identify the responsible motor carrier and therefore correctly assign regulatory violations to the appropriate carrier during inspections, investigations, compliance reviews, and crash studies. These regulations also ensure that the government and members of the public can determine who is responsible for a commercial motor vehicle (CMV). The leases and other agreements are developed and held by the lessor (e.g., those granting use of equipment) and lessee (e.g., party acquiring equipment). FMCSA generally collects no information with this ICR. These recordkeeping requirements vary in frequency, are mandatory and consistent with the provisions of the Motor Carrier Safety Act of 1984 for for-hire and private passenger carriers that operate CMVs, in order to enable the general public and investigators to identify the passenger carrier responsible for safety. Also, under 49 U.S.C. 14102(a). FMCSA “may require a motor carrier providing for-hire transportation that uses motor vehicles not owned by it to transport property under an arrangement with another party to— (1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the motor carrier; (2) carry a copy of the arrangement in each motor vehicle to which it applies during the period the arrangement is in effect; (3) inspect the motor vehicles and obtain liability and cargo insurance on them; and (4) have control of and be responsible for operating those motor vehicles in compliance with requirements prescribed by the Secretary on safety of operations and equipment, and with other applicable law as if the motor vehicles were owned by the motor carrier.” FMCSA requests OMB approval of this revision of the existing currently approved ICR. The vehicle leasing and interchange regulations specify what must be covered in the lease, and to some degree, the responsibilities of the motor carrier. The parties to the lease determine much of the details between themselves. FMCSA needs to revise the annual burden for this ICR due to changes in the vehicle leasing and interchange regulations in part 390 for motor carriers of passengers, which eliminate certain provisions of the existing lease and interchange requirements for motor carriers of passengers, and reduce the applicability of those provisions that remain.

The latest form for Lease and Interchange of Vehicles expires 2022-10-31 and can be found here.

IC-1: Property-Carrying CMVs Lease Negotiation

Federal Enterprise Architecture: Transportation - Ground Transportation