{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-166a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-166a","heading":"Definitions - Operation of equipment not owned by motor","body":"carrier - Leases - Application of provisions.\n\nA. As used in this section:\n\n1. \"Authorized carrier\" means a motor carrier of household\n\ngoods;\n\n2. \"Equipment\" means a motor vehicle, straight truck, tractor,\n\nsemitrailer, full trailer, any combination of these and any other\n\ntype of equipment used by authorized carriers in the transportation\n\nof household goods;\n\n3. \"Owner\" means a person to whom title to equipment has been\n\nissued, or who, without title, has the right to exclusive use of\n\nequipment for a period longer than thirty (30) days;\n\n4. \"Lease\" means a contract or arrangement in which the owner\n\ngrants the use of equipment, with or without driver, for a specified\n\nperiod to an authorized carrier for use in the regulated\n\ntransportation of household goods in exchange for compensation;\n\n5. \"Lessor\", in a lease, means the party granting the use of\n\nequipment with or without driver to another;\n\n6. \"Lessee\", in a lease, means the party acquiring the use of\n\nequipment with or without driver from another;\n\n7. \"Addendum\" means a supplement to an existing lease which is\n\nnot effective until signed by the lessor and lessee; and\n\n8. \"Shipper\" means a person who sends or receives household\n\ngoods which are transported in intrastate commerce in this state.\n\nB. An authorized carrier may perform authorized transportation\n\nin equipment it does not own only under the following conditions:\n\n1. There shall be a written lease granting the use of the\n\nequipment and meeting the requirements as set forth in subsection C\n\nof this section;\n\n2. The authorized carrier acquiring the use of equipment under\n\nthis section shall identify the equipment in accordance with the\n\nCommission's requirements; and\n\n3. Upon termination of the lease, the authorized carrier shall\n\nremove all identification showing it as the operating carrier before\n\ngiving up possession of the equipment.\n\nC. The written lease required pursuant to subsection B of this\n\nsection shall contain the following provisions. The required lease\n\nprovisions shall be adhered to and performed by the authorized\n\ncarrier as follows:\n\n1. The lease shall be made between the authorized carrier and\n\nthe owner of the equipment. The lease shall be signed by these\n\nparties or by their authorized representatives;\n\n2. The lease shall specify the time and date or the\n\ncircumstances on which the lease begins and ends and include a\n\ndescription of the equipment which shall be identified by vehicle\n\nserial number, make, year, model and current license plate number;\n\n3. The period for which the lease applies shall be for thirty\n\n(30) days or more when the equipment is to be operated for the\n\nauthorized carrier by the owner or an employee of the owner;\n\n4. The lease shall provide that the authorized carrier lessee\n\nshall have exclusive possession, control and use of the equipment\n\nfor the duration of the lease. The lease shall further provide that\n\nthe authorized carrier lessee shall assume complete responsibility\n\nfor the operation of the equipment for the duration of the lease;\n\n5. The amount to be paid by the authorized carrier for\n\nequipment and driver's services shall be clearly stated on the face\n\nof the lease or in an addendum which is attached to the lease. The\n\namount to be paid may be expressed as a percentage of gross revenue,\n\na flat rate per mile, a variable rate depending on the direction\n\ntraveled or the type of commodity transported, or by any other\n\nmethod of compensation mutually agreed upon by the parties to the\n\nlease. The compensation stated on the lease or in the attached\n\naddendum may apply to equipment and driver's services either\n\nseparately or as a combined amount;\n\n6. The lease shall clearly specify the responsibility of each\n\nparty with respect to the cost of fuel, fuel taxes, empty mileage,\n\npermits of all types, tolls, detention and accessorial services,\ntually agreed upon by the parties to the\n\nlease. The compensation stated on the lease or in the attached\n\naddendum may apply to equipment and driver's services either\n\nseparately or as a combined amount;\n\n6. The lease shall clearly specify the responsibility of each\n\nparty with respect to the cost of fuel, fuel taxes, empty mileage,\n\npermits of all types, tolls, detention and accessorial services,\n\nbase plates and licenses, and any unused portions of such items.\n\nExcept when the violation results from the acts or omissions of the\n\nlessor, the authorized carrier lessee shall assume the risks and\n\ncosts of fines for overweight and oversize trailers when the\n\ntrailers are preloaded, sealed, or the load is containerized, or\n\nwhen the trailer or lading is otherwise outside of the lessor's\n\ncontrol, and for improperly permitted over-dimension and overweight\n\nloads and shall reimburse the lessor for any fines paid by the\n\nlessor. If the authorized carrier is authorized to receive a refund\n\nor a credit for base plates purchased by the lessor from, and issued\n\nin the name of, the authorized carrier, or if the base plates are\n\nauthorized to be sold by the authorized carrier to another lessor,\n\nthe authorized carrier shall refund to the initial lessor on whose\n\nbehalf the base plate was first obtained a prorated share of the\n\namount received;\n\n7. The lease shall specify that payment to the lessor shall be\n\nmade by the authorized carrier within fifteen (15) days after\n\nsubmission of the necessary delivery documents and other paperwork\n\nconcerning a trip in the service of the authorized carrier. The\n\npaperwork required before the lessor can receive payment is limited\n\nto those documents necessary for the authorized carrier to secure\n\npayment from the shipper. The authorized carrier may require the\n\nsubmission of additional documents by the lessor but not as a\n\nprerequisite to payment;\n\n8. The lease shall clearly specify the right of those lessors\n\nwhose revenue is based on a percentage of the gross revenue for a\n\nshipment to examine copies of the authorized carrier's freight bill\n\nbefore or at the time of settlement. The lease shall clearly\n\nspecify the right of the lessor, regardless of method of\n\ncompensation, to examine copies of the carrier's tariff;\n\n9. The lease shall clearly specify all items that may be\n\ninitially paid for by the authorized carrier, but ultimately\n\ndeducted from the lessor's compensation at the time of payment or\n\nsettlement together with a recitation as to how the amount of each\n\nitem is to be computed. The lessor shall be afforded copies of\n\nthose documents which are necessary to determine the validity of the\n\ncharge;\n\n10. The lease shall specify that the lessor is not required to\n\npurchase or rent any products, equipment, or services from the\n\nauthorized carrier as a condition of entering into the lease\n\narrangement;\n\n11. As it relates to insurance:\n\na. the lease shall clearly specify the legal obligation\n\nof the authorized carrier to maintain insurance\n\ncoverage for the protection of the public, and\n\nb. the lease shall clearly specify the conditions under\n\nwhich deductions for cargo or property damage may be\n\nmade from the lessor's settlements. The lease shall\n\nfurther specify that the authorized carrier must\n\nprovide the lessor with a written explanation and\n\nitemization of any deductions for cargo or property\n\ndamage made from any compensation of money owed to the\n\nlessor. The written explanation and itemization must\n\nbe delivered to the lessor before any deductions are\n\nmade; and\n\n12. An original and two copies of each lease shall be signed by\n\nthe parties. The authorized carrier shall keep the original and\n\nshall place a copy of the lease in the equipment during the period\n\nof the lease. The owner of the equipment shall keep the other copy\n\nof the lease.\n\nD. The provisions of this section shall apply to the leasing of\nred to the lessor before any deductions are\n\nmade; and\n\n12. An original and two copies of each lease shall be signed by\n\nthe parties. The authorized carrier shall keep the original and\n\nshall place a copy of the lease in the equipment during the period\n\nof the lease. The owner of the equipment shall keep the other copy\n\nof the lease.\n\nD. The provisions of this section shall apply to the leasing of\n\nequipment with which to perform household goods transportation by\n\nmotor carriers.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a421fb71940ef687d02f37d1b52c25d05d22c76af54f20740356343b9505a822","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-166.5","next":"us-ok/okla.-stat.-tit.-47-47-169"},"notice":"GroundRules: Original legal text. Not legal advice."}