Xtra Lease Rental Agreement

49 U.S.C§ 11107 (formerly 49 U.S.C§ 1101(a)). Section 14102 also requires that equipment lease agreements be signed in writing by the parties and that drivers inspect and insure vehicles. 49 C.F.R. § 376.11, 376.12 (formerly 49 U.S.C§ 11107(A); 49 C.F.R. § 1057.11, 1057.12). In addition, regulations and guidelines issued by the Federal Highway Administration require systematic inspections, repairs, and maintenance of all vehicles under its jurisdiction. 49 F.R.C. § 396.1, and. Seq. Because CTL took possession without performing physical inspections, repairs or maintenance, the plaintiff contends that CTL violated the ICC Act and related regulations.

The plaintiff then argues that liability for performance or fault may be imposed on tenants of vehicles used in interstate commerce. Although the plaintiff did not initially designate CTL as a defendant because he did not know that CTL had sublet Xtra Lease`s trailer, the plaintiff now asserts that CTL acted negligently under the ICC Statute and that it cannot escape liability simply because on the day of the accident, the applicant, not CTL, used the trailer. In addition, the plaintiff argues that CTL is liable under the law because it never provided evidence of a written lease agreement with Joseph Eletto in violation of 49 C.F.R. § 376.11, 376.12. According to a manager of Xtra Lease, the trailer number 453934 was inspected and repaired before and after the accident – once on March 7, 1995 and again on January 29, 1996. (Rizer Dep. 5-8, 13-14) During the inspection on 7 March 1995, a door handle, a door roller and a door hinge were replaced. During the inspection on 29 January 1996, a door hinge was attached. (Id.

at 7-8) Like a garage door, the rear loading door of the trailer has a series of hinges that go up and down on both sides of the door. (Id. at 8-9) In addition to these two inspections, the equipment lease issued by Xtra Lease states that the trailer was inspected before and after the lease was issued. (e.g. de Def. I) Although the lease of the equipment refers to a door hinge, Carl Rizer, a manager of Xtra Lease, testified that no defects or damage to the rear door were found in the report. (Rizer Dep., 13-15) In fact, Rizer found that it is common for the inspector to check the operation of the rear door, as he must open and close the door to access and seal the trailer. (Id. to 15) Rizer also testified that the device that controls the door`s ascent and descent is the “driver,” a cylinder that houses a spring and is connected to the roof of the rear frame of the trailer.

(Id. (9-10) The operator may be disconnected or unloyed by removing a series of fasteners attached to the rear frame. If separated or not attached, the operator falls or detaches from the rear frame of the trailer. To loosen the operator, it is necessary to remove the fasteners. (Id. at 10-11) In addition to inserrescence, the operator can also be immobilized by inserting a specially designed tool into a flywheel located at both ends of the operator. (Id. at 11-12) Without the intentional removal of the operator, the speed of the door apparently cannot be affected. .