[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.2]

[Page 1030-1031]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
                  Subpart A_Scope of Rules; Definitions
 
Sec. 386.2  Definitions.

    Abate or abatement means to discontinue regulatory violations by 
refraining from or taking actions identified in a notice to correct 
noncompliance.
    Administration means the Federal Motor Carrier Safety 
Administration.
    Administrative law judge means an administrative law judge appointed 
pursuant to the provisions of 5 U.S.C. 3105.
    Assistant Administrator means the Assistant Administrator of the 
Federal Motor Carrier Safety Administration. The Assistant Administrator 
is the Chief Safety Officer of the agency pursuant to 49 U.S.C. 113(d). 
Decisions of the Assistant Administrator in motor carrier, broker, 
freight forwarder, and hazardous materials proceedings under this part 
are administratively final.
    Broker means a person who, for compensation, arranges or offers to 
arrange the transportation of property by an authorized motor carrier. A 
motor carrier, or person who is an employee or bona fide agent of a 
carrier, is not a broker within the meaning of this section when it 
arranges or offers to arrange the transportation of shipments which it 
is authorized to transport and which it has accepted and legally bound 
itself to transport.
    Civil forfeiture proceedings means proceedings to collect civil 
penalties for violations under the Commercial

[[Page 1031]]

Motor Vehicle Safety Act of 1986 (49 U.S.C. Chapter 313); the Hazardous 
Materials Transportation Act of 1975, as amended (49 U.S.C. Chapter 51); 
the Motor Carrier Safety Act of 1984 (49 U.S.C. Chapter 311, Subchapter 
III); section 18 of the Bus Regulatory Reform Act of 1982 (49 U.S.C. 
31138); section 30 of the Motor Carrier Act of 1980 (49 U.S.C. 31139); 
and the ICC Termination Act of 1995 (49 U.S.C. Chapters 131-149).
    Claimant means the representative of the Federal Motor Carrier 
Safety Administration authorized to make claims.
    Commercial regulations means statutes and regulations that apply to 
persons providing or arranging transportation for compensation subject 
to the Secretary's jurisdiction under 49 U.S.C. Chapter 135. The 
statutes are codified in Part B of Subtitle IV, Title 49, U.S.C. (49 
U.S.C. 13101 through 14913). The regulations include those issued by the 
Federal Motor Carrier Safety Administration or its predecessors under 
authority provided in 49 U.S.C. 13301 or a predecessor statute.
    Compliance Order means a written direction to a respondent under 
this part requiring the performance of certain acts which, based upon 
the findings in the proceeding, are considered necessary to bring 
respondent into compliance with the regulations found to have been 
violated.
    Consent Order means a compliance order which has been agreed to by 
respondent in the settlement of a civil forfeiture proceeding.
    Driver qualification proceeding means a proceeding commenced under 
49 CFR 391.47 or by issuance of a letter of disqualification.
    Final agency order means a notice of final agency action issued 
pursuant to this part by either the appropriate FMCSA Field 
Administrator (for default judgements under Sec. 386.14(e)), the FMCSA 
Chief Safety Officer, or an Administrative Law Judge (ALJ), typically 
requiring payment of a civil penalty by a broker, freight forwarder, 
driver, or motor carrier.
    Freight forwarder means a person holding itself out to the general 
public (other than as an express, pipeline, rail, sleeping car, motor, 
or water carrier) to provide transportation of property for compensation 
in interstate commerce, and in the ordinary course of its business:
    (1) Performs or provides for assembling, consolidating, break-bulk, 
and distribution of shipments;
    (2) Assumes responsibility for transportation from place of receipt 
to destination; and
    (3) Uses for any part of the transportation a carrier subject to 
FMCSA jurisdiction.
    Motor carrier means a motor carrier, motor private carrier, or motor 
carrier of migrant workers as defined in 49 U.S.C. 13102 and 31501.
    Petitioner means a party petitioning to overturn a determination in 
a driver qualification proceeding.
    Respondent means a party against whom relief is sought or claim is 
made.

[50 FR 40306, Oct. 2, 1985, as amended at 53 FR 2036, Jan. 26, 1988; 56 
FR 10182, Mar. 11, 1991; 65 FR 7755, Feb. 16, 2000; 65 FR 78427, Dec. 
15, 2000; 67 FR 61821, Oct. 2, 2002]