§ 365.403T - Definitions.


Latest version.
  • § 365.403T Definitions.

    For the purposes of this part, the following definitions apply:

    (a) Transfer.

    (1) Transfers include all transactions (i.e., the sale or lease of interstate operating rights,

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    or the merger of two or more carriers or a carrier into a noncarrier) subject to 49 U.S.C. 10926, as well as the sale of property brokers' licenses under 49 U.S.C. 10321.

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    (2) The execution of a chattel mortgage, deed of trust, or other similar document does not constitute a transfer or require

    the

    FMCSA's approval. However, a foreclosure for the purpose of transferring an operating right to satisfy a judgment or claim against the record holder may not be effected without approval of

    the

    FMCSA.

    (b) Operating rights. Operating rights include:

    (1) Certificates and permits issued to motor carriers;

    (2) Permits issued to freight forwarders;

    (3) Licenses issued to property brokers; and

    (4) Certificates of Registration issued to motor carriers. The term also includes authority held by virtue of the gateway elimination regulations published in the Federal Register as letter-notices.

    (c) Certificate of registration. The evidence of a motor carrier's right to engage in interstate or foreign commerce within a single State is established by a corresponding State certificate.

    (d) Person. An individual, partnership, corporation, company, association, or other form of business, or a trustee, receiver, assignee, or personal representative of any of these.

    (e) Record holder. The person shown on the records of the FMCSA as the legal owner of the operating rights.

    (f) Control. A relationship between persons that includes actual control, legal control, and the power to exercise control, through or by common directors, officers, stockholders, a voting trust, a holding or investment company, or any other means.

    (g) Category 1 transfers. Transactions in which the person to whom the operating rights would be transferred is not an FMCSA carrier and is not affiliated with any FMCSA carrier.

    (h) Category 2 transfers. Transactions in which the person to whom the operating rights would be transferred is an FMCSA carrier and/or is affiliated with an FMCSA carrier.

    [82 FR 5300, Jan. 17, 2017, as amended at 83 FR 22873, May 17, 2018]