[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR365.107]



[Page 42]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 365_RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY--Table 

of Contents

 

             Subpart A_How To Apply for Operating Authority

 

Sec. 365.107  Types of applications.



    (a) Fitness applications. Motor property applications and certain 

types of motor passenger applications require only the finding that the 

applicant is fit, willing and able to perform the involved operations 

and to comply with all applicable statutory and regulatory provisions. 

These applications can be opposed only on the grounds that applicant is 

not fit [e.g., is not in compliance with applicable financial 

responsibility and safety fitness requirements]. These applications are:

    (1) Motor common and contract carrier of property (except household 

goods) , Mexican motor property carriers that perform private carriage 

and transport exempt items, and motor contract carrier of passengers 

transportation.

    (2) Motor carrier brokerage of general commodities (except household 

goods).

    (3) Certain types of motor passenger applications as described in 

Form OP-1 (P).

    (b) Motor passenger ``public interest'' applications as described in 

Form OP-1 (P).

    (c) Intrastate motor passenger applications under 49 U.S.C. 

13902(b)(3) as described in Form OP-1, Schedule B.

    (d) Motor common carrier of household goods applications, including 

Mexican carrier applicants. These applications require a finding that:

    (1) The applicant is fit, willing, and able to provide the involved 

transportation and to comply with all applicable statutory and 

regulatory provisions; and

    (2) The service proposed will serve a useful public purpose, 

responsive to a public demand or need.

    (e) Motor contract carrier of household goods, household goods 

property broker, and freight forwarder applications. These applications 

require a finding that:

    (1) The applicant is fit, willing, and able to provide the involved 

transportation and to comply with all applicable statutory and 

regulatory provisions; and

    (2) The transportation to be provided will be consistent with the 

public interest and the national transportation policy of 49 U.S.C. 

13101.

    (f) Temporary authority (TA) for motor and water carriers. These 

applications require a finding that there is or soon will be an 

immediate transportation need that cannot be met by existing carrier 

service.

    (g)In view of the expedited time frames established in this part for 

processing requests for permanent authority, applications for TA will be 

entertained only in exceptional circumstances (i.e., natural disasters 

or national emergencies) when evidence of immediate service need can be 

specifically documented in a narrative supplement appended to Form OP-1 

for motor property carriers, Form OP-1MX for Mexican property carriers 

and, Form OP-1(P) for motor passenger carriers.



[59 FR 63728, Dec. 9, 1994, as amended at 60 FR 63981, Dec. 13, 1995; 62 

FR 49940, Sept. 24, 1997; 67 FR 61820, Oct. 2, 2002]