(a) In cases where any one (1) of the following situations exist, the purported lessor-lessee relationship shall be deemed to be the relationship of shipper and carrier which will, of course, require the carrier to obtain authority from the State Highway Commission in order that he or she may operate as proposed:
- (1) Where the alleged lessor directly or indirectly furnishes or selects the driver or drivers for the vehicles to be used;
- (2) Where the lease is for a single, one-way trip, the lessor taking possession of the vehicle for further leasing to another shipper for a return haul or after discharge of the cargo at destination;
- (3) Where the lessor assumes responsibility for safe delivery of the cargo transported or furnishes cargo insurance;
- (4) Where the lessor recognizes liability for operation of the leased vehicle on the highways and furnishes public liability and property damage insurance payable to lessor-lessee as their interest may appear;
- (5) Where lessor collects from purported lessee compensation for the rental of the vehicles, computed in rates in cents per one hundred pounds (100 lbs.) or other unit of measure of property hauled, or any other arrangement which indicates a normal transportation charge instead of a charge for the use of the leased vehicle;
- (6) Where the lessor issues receipts or bills of lading to the purported lessee for the contents of the cargo hauled on the leased vehicle;
- (7) Where the lessor arranges for the segregation of the drivers' wages and has the shipper pay it, and then credits the amount of such wages on the agreed total compensation to lessor from the purported lessee;
- (8) Where the drivers' daily logs are submitted first to the lessor and later transmitted to the lessee;
- (9) Where the lessor exercises the principal control over the driver of the vehicles, instead of that control being exercised by the lessee; and
- (10) Where the lessee fails to observe the provisions of the written lease relating to the selection of drivers.
- (b) In order for the operations to be those of a private carrier, there must be a clear showing that the control and responsibility over the operations of the vehicle pass from the owner, renter, or lessor, to the shipper who, for the period of the agreement, exercises such control and responsibility over the operations of the vehicle as would be exercised by it if it were the owner of the vehicle.