When discussing the rental of machinery and equipment, we primarily refer to just the equipment rental. This means providing the asset with all the services that complete the rental. However, there is another rental form, the Operated Equipment Rental. This allows the customer to rent both the machinery and have an operator to handle it. In this article, we will delve into what the Operated Equipment Rental is and how it works.
What Is the Operated Equipment Rental
The Operated Equipment Rental is a rental form that includes both the provision of the rented machinery and the operator capable of handling it. Because the operator’s role is central to the activity, this formula is also known as rental with an operator. The Operated Equipment Rental is subject to Articles 1571 and subsequent of the Civil Code, conforming to a lease contract.
It is important to highlight the role of the operator. Their work falls under the accessory activities related to the provision of the rented asset. Although the operator remains an employee of the rental company, they work for the client company in this instance. This leads to certain responsibilities that we will address later.
Why Do Customers Choose the Operated Equipment Rental
What drives customers to adopt this form of rental? There can be multiple reasons why a customer decides to rent a particular machine on an operated basis. However, the most frequent reason is the lack of personnel. In many sectors, this type of problem has become increasingly evident and almost structural. Construction and industry, the two largest clients of rental services, are among the sectors with a growing demand for personnel.
It may happen that a construction company decides to rent an operated excavator because it lacks trained personnel, or the operator is working on another site. Another reason many companies opt for operated equipment rental is the complexity of operating certain machines.
What Is Rented with the Operated Equipment Rental Solution
Excavators of significant tonnage, as well as quarry dumpers, are characterized by their large size and handling substantial volumes of material, making operations quite complicated. Therefore, operated equipment rental is often used. The same applies to taller construction cranes, where operators work at heights of several dozen meters.
What is most frequently rented with Operated Equipment Rental is the mobile crane. In fact, most companies rent these large lifting machines exclusively with an operator. To operate it, besides having a Class C driver’s license for road driving, it is crucial that the operator is trained to handle the mobile crane and has gained considerable experience.
What Is the Customer Responsible For
It is important to clarify the responsibility of the operator. During the work, they act on behalf of the customer, even though they are not the customer’s employee. One must distinguish between situations where they follow the customer’s instructions or those of their employer. In the first scenario, if there are damages to third parties, the operator, or the rented machinery, the customer is responsible. If the operator performs work under the instructions of their employer or independently, the lessor, as the employer, is responsible for any damages. Given the importance of responsibilities, the lessor should include a clause in the rental contract that limits liability in cases where their operator is working according to the customer’s instructions or independently.
Safety in the Operated Equipment Rental: What Is Important to Know About the Operator’s Role
The operator plays a crucial role in terms of health and safety. When resorting to the Operated Equipment Rental, it is essential to remember that they are the trained and authorized person. Therefore, they are more experienced in operating the machinery according to current regulations. One should follow their instructions because, in addition to themselves, they must coordinate and control the activities of other workers using tools and equipment to avoid potential injuries.
The operator is obliged to stop work if they detect unsafe behaviour by other workers. The example of working at height, which we discussed in one of our previous articles, is the most fitting illustration of this scenario. If the operator operating the platform sees the customer unfastening from the anchors to disembark, they should stop the activity as they are responsible.
Our Conclusions
In this article, we have explored the Operated Equipment Rental and highlighted what is important to focus on in terms of responsibilities. Resorting to the Operated Equipment Rental can be a solution when there is a lack of personnel or when special machinery needs to be rented. Our advice is to turn to professional lessors who can provide support throughout the contract duration.
Discover on our website rentmas, which equipment you can rent with an operator!
