Construction crane rental contract: features of conclusion

Before determining the essential terms of the construction crane rental agreement, it is necessary to determine that the construction crane is a special purpose vehicle. This statement follows from the following provisions.

Thus, in accordance with Clause 1.10 of the General Provisions of the Road Traffic Rules, approved by the Resolution of the Cabinet of Ministers of Ukraine dated October 10, 2001 No. 1306, a vehicle is a device intended for the transportation of people and (or) cargo, as well as special equipment installed on it or mechanisms

Also, according to Art. 1 of the Law of Ukraine "On Motor Transport" , a special-purpose vehicle is a vehicle intended for the performance of special work functions (for emergency repairs, truck crane, fire engine, concrete mixer, reconnaissance or drilling rig on a car, for transporting garbage and other waste, technical assistance , a cleaning car, a workshop car, a radiological workshop, a car for mobile television and sound stations, etc.).

In addition, according to DSTU 2986-95 "Load-Lifting Cranes" , a load-lifting crane is a cyclic machine designed for lifting and moving in space a load suspended by a hook or held by another load-holding device.

Therefore, when drawing up a lease agreement for a construction crane, one should use the general provisions on the lease of vehicles, that is, paragraph 5 of Chapter 58 of the Civil Code of Ukraine , and directly the norms of paragraph 1 of Chapter 58 of the Civil Code of Ukraine (hereinafter, also - the Civil Code of Ukraine), since the lease agreement vehicles is a type of contract of employment (lease).

According to the lease agreement, the lessor transfers or undertakes to transfer the property to the lessee for possession and use for a fee for a certain period. The law may provide for the specifics of concluding and executing a contract of employment (lease) ( Article 759 of the Civil Code of Ukraine ).

Therefore , the essential terms of the lease agreement are the subject, fee and term.

As a general rule, the subject of a contract of employment can be a thing that is defined by individual characteristics and that retains its original appearance after repeated use (a non-consumable thing). The law may establish types of property that cannot be the subject of a lease agreement. The subject of the employment contract may be property rights. The specifics of hiring certain types of property are established by this Code and another law ( Article 760 of the Civil Code of Ukraine ).

The subject of the vehicle rental agreement can be air, sea, river vessels, as well as ground self-propelled vehicles, etc. The vehicle rental agreement may stipulate that it is leased with a crew that serves it. The parties can agree on the lessor providing the lessee with a set of services to ensure the normal use of the vehicle ( Article 798 of the Civil Code of Ukraine ).

Payment for hiring (renting) property

For renting (leasing) property, the lessee is charged a fee, the amount of which is set by the lease agreement. If the amount of the fee is not established by the contract, it is determined taking into account the consumer quality of the item and other circumstances that are of significant importance. The fee for hiring (renting) the property can be paid at the choice of the parties in cash or in kind. The form of payment for the rental (lease) of the property is established by the rental agreement. Periodic review, change (indexing) of the fee for hiring (lease) property may be established by contract or law. The lessee has the right to demand a reduction of the fee if, due to circumstances for which he is not responsible, the possibility of using the property has significantly decreased. The fee for renting (leasing) the property is paid monthly, unless otherwise stipulated by the contract. The hirer is exempt from payment for the entire time during which the property could not be used by him due to circumstances for which he is not responsible ( Article 762 of the Civil Code of Ukraine ).

Term of employment contract

The employment contract is concluded for the period established by the contract. If the term of employment is not established, the employment contract is considered concluded for an indefinite period. Each of the parties to a lease agreement concluded for an indefinite period may withdraw from the agreement at any time by giving one month's written notice to the other party, and three months' notice in the case of real estate leasing. The contract or the law may establish a different period for giving notice of refusal of an employment contract concluded for an indefinite period. The law may establish the maximum (limit) terms of the lease agreement for certain types of property. If neither of the parties has withdrawn from the contract concluded for an indefinite period before the expiration of the maximum term of employment established by law, it is terminated with the expiration of the maximum term of the contract. An employment contract, the term of which exceeds the maximum term established by law, is considered concluded for a term that corresponds to the maximum term ( Article 763 of the Civil Code of Ukraine ).

Vehicle rental agreement form

The vehicle rental agreement is concluded in writing. A vehicle rental agreement involving an individual is subject to notarization ( Article 799 of the Civil Code of Ukraine ).

Other features of the vehicle rental agreement

The hirer independently uses the vehicle in his activity and has the right, without the consent of the lessor, to conclude transportation contracts on his own behalf, as well as other contracts in accordance with the purpose of the vehicle ( Article 800 of the Civil Code of Ukraine ).

The hirer is obliged to maintain the vehicle in proper technical condition. Expenses related to the use of the vehicle, including the payment of taxes and other payments, are borne by the hirer ( Article 801 of the Civil Code of Ukraine ).

The hirer is obliged to compensate for damages caused in connection with the loss or damage of the vehicle, unless he proves that it was not his fault ( Article 803 of the Civil Code of Ukraine ), as well as in accordance with Article 804 of the Civil Code of Ukraine , the hirer is obliged to compensate the damage caused to another person in connection with the use of the vehicle, in accordance with Chapter 82 of the Civil Code of Ukraine .

At the same time, the insurance of the vehicle is carried out by the lessor. The procedure for insuring the employer's liability for damage that may be caused to another person in connection with the use of a vehicle is established by law ( Article 802 of the Civil Code of Ukraine ).

An important issue is the transfer of property for hire (rent). The owner of the thing or the person who owns the property rights has the right to lease the property. The lessor can also be a person authorized to conclude a contract of employment ( Article 761 of the Civil Code of Ukraine ). So, as with any other type of lease, do not forget to transfer the property with an acceptance-transfer deed.

There are some features of hiring a vehicle with a crew that serves it . Thus, the management and technical operation of a vehicle rented with a crew is carried out by its crew. The crew does not terminate the employment relationship with the employer. The cost of maintaining the crew is borne by the lessor. The crew of the vehicle is obliged to refuse to carry out the orders of the lessee if they contradict the terms of the rental agreement, the terms of use of the vehicle, as well as if they may be dangerous for the crew, the vehicle, or the rights of other persons. The law may also establish other features of the contract for hiring a vehicle with a crew ( Article 805 of the Civil Code of Ukraine ).

You can create a construction crane rental agreement in the Instaco constructor by following the link . To create, you only need to enter the necessary data in the designer.