§ 390.301 - Applicability.

§ 390.301 Applicability.

(a) General. Except as provided in paragraphs (b)(1) through (3) of this section, this subpart applies to the following actions, irrespective of duration, or the presence or absence of compensation, by motor carriers operating commercial motor vehicles to transport passengers:

(1) The lease of passenger-carrying commercial motor vehicles; and

(2) The interchange or loan of passenger-carrying commercial motor vehicles or drivers between motor carriers.

(b) Exceptions -

(1) Financial leases. This subpart does not apply to a contract (however designated, e.g., lease, closed-end lease, hire purchase, lease purchase, purchase agreement, installment plan, etc.) between a motor carrier and a financial organization or a manufacturer or dealer of passenger-carrying commercial motor vehicles (provided the financial organization, manufacturer or dealer is not itself a motor carrier) allowing the motor carrier to use the passenger-carrying commercial motor vehicle.

(2) Common Ownership and Control.

(i) Passenger-carrying commercial motor vehicles may be exchanged or interchanged without leases or receipts between or among commonly owned and controlled motor carriers, provided the driver of each such carrier carries, and upon demand of a Federal, State, or local law enforcement official produces, a summary document listing:

(A) All motor carriers subject to common ownership and control, including their USDOT numbers, business addresses, and telephone numbers;

(B) The name and telephone numbers of the motor carrier operating the vehicle for the current trip;

(C) The vehicle used for the trip, identified by the last 6 digits of the Vehicle Identification Number (VIN);

(D) The trip, identified by the carrier's charter number, run number, or other means specifically to identify the trip; and

(E) The date of the trip.

(ii) Each commercial motor vehicle exchanged or interchanged pursuant to this paragraph (b)(2) must be marked as required in § 390.21(f) to show the name of the responsible motor carrier operating the vehicle.

(3) Revenue pooling.

(i) Passenger-carrying commercial motor vehicles may be exchanged or interchanged without leases or receipts between or among motor carriers that are party to a revenue pooling agreement approved by the Surface Transportation Board (STB) in accordance with 49 U.S.C. 14302, provided the driver of each vehicle operating under the agreement carries, and upon demand of a Federal, State, or local law enforcement official displays:

(A) The number and date of the STB decision approving the revenue pooling agreement and the names of the parties to the agreement; and

(B) A summary document showing:

(1) All routes covered by the pooling agreement;

(2) The carrier or carriers authorized to operate on each route or portion of a route and the telephone numbers of each carrier; and

(3) All points of origin, destination, or interchange (if interchanges are part of the agreement).

(ii) Each commercial motor vehicle exchanged or interchanged pursuant to this paragraph (b)(3) must be marked as required in § 390.21(f) to show the name of the responsible motor carrier operating the vehicle.

(c) Penalties. If the use of a passenger-carrying commercial motor vehicle is conferred on one motor carrier subject to this subpart by another such motor carrier without a lease, interchange agreement, or other agreement, or pursuant to a lease, interchange agreement, or other agreement that fails to meet all applicable requirements of subpart F, both motor carriers shall be subject to a civil penalty.