Marcos Eliseo and Teodora C. Escobar De Paz, et al. - Page 10




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          they wished, provided they removed the placards of any other                
          company.  They could accept or reject loads as they wished.  They           
          could earn as much or as little as wanted because they were free            
          to use the equipment as much or as little as they wanted.                   
               It is clear from this record that the leases only served the           
          carriers’ needs to comply with governmental regulations.  This              
          regulatory scheme was put into place to protect the public by               
          preventing common carriers from evading liability for accidents             
          caused by the independent drivers.  See Zamalloa v. Hart, 31 F.3d           
          911, 913-914 (9th Cir. 1994); Empire Fire & Marine Ins. Co. v.              
          Guaranteed Natl. Ins. Co., 868 F.2d 357, 362 (10th Cir. 1989);              
          see also Prestige Cas. Co. v. Michigan Mut. Ins. Co., 99 F.3d               
          1340, 1342-1343 (6th Cir. 1996) (I.C.C. regulations that require            
          every lease entered into by an I.C.C. licensed carrier contain a            
          clause stating that the authorized carrier maintains “exclusive             
          possession, control, and use of the equipment for the duration of           
          the lease” promulgated to curb the abuse of carriers using leased           
          vehicles to avoid safety regulations and to address public                  
          confusion as to who was financially responsible for the                     
          vehicles); 49 C.F.R. secs. 376.11 and 376.12 (1997).                        
               It is also understandable that the leases served the                   
          practical purpose of ensuring adequate insurance coverage.  A               
          carrier which engages the services of many owner-operators would            
          have an administrative headache monitoring the adequacy (and                





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