[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: 49CFR365.403]



[Page 44-45]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 365_RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY--Table 

of Contents

 

      Subpart D_Transfer of Operating Rights Under 49 U.S.C. 10926

 

Sec. 365.403  Definitions.



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

    (a) Transfer. Transfers include all transactions (i.e., the sale or 

lease of



[[Page 45]]



interstate operating rights, \1\ 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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    \1\ 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.

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    (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.



[53 FR 4852, Feb. 18, 1988, as amended at 67 FR 61821, Oct. 2, 2002]