NAC706.242. Agreements to interchange equipment.

     1. An agreement between authorized carriers to interchange equipment must:

     (a) Be in writing;

     (b) Specifically describe the equipment involved;

     (c) Describe the actual points of interchange;

     (d) Identify the use to be made of the equipment by the receiving carrier and the consideration to be received by the lending carrier; and

     (e) Be signed by each party to the agreement or his or her authorized representative.

     2. The certificates held by the carriers participating in an agreement to interchange must authorize the transportation of the commodities proposed to be transported in the through movement and service from and to the point where the physical interchange occurs.

     3. Property being transported must move on a through bill of lading issued by the originating carrier. Rates must be assessed and charges collected in the same manner as if no interchange of equipment had taken place. Charges against the lending carrier for the use of the equipment must be kept separate and distinct from the amount of the revenue each carrier realizes from the service performed.

     4. Before taking possession of the interchanged equipment, a carrier must inspect the equipment and ensure that it is in compliance with the applicable regulations regarding safety.

     5. An authorized carrier using a unit having motive power pursuant to an agreement to interchange equipment must visibly display his or her name and the number of his or her certificate or license on the exterior of the vehicle. Before relinquishing control of the vehicle, the authorized carrier shall remove any legend showing him or her as the operating carrier.

     6. A copy of the agreement or a statement signed by the signatories to the agreement:

     (a) Certifying that the equipment is being operated by the authorized carrier;

     (b) Properly identifying the equipment; and

     (c) Showing the actual point of interchange and the date and time it was taken over by the carrier,

Ê must be carried with the unit having motive power while it is in the possession of the receiving carrier.

     7. The authorized carrier shall keep a record identifying the vehicle, its owner and the use to which it is put. Bills of lading or other records adequately identifying the lading, including the origin, destination and date of each shipment, must accompany the equipment while it is being operated by the carrier. These records must be preserved by the carrier for 3 years. This subsection applies to all interchanged vehicles.

     8. Work may not be performed pursuant to an expired agreement to interchange equipment.

     [Pub. Service Comm’n, Gen. Order 5 Rule 215, eff. 12-1-62]—(NAC A by Dep’t of Motor Veh. & Pub. Safety and Pub. Service Comm’n, 8-26-86; A by Pub. Service Comm’n, 9-1-87)