[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: 49CFR371.2]



[Page 62]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 371_BROKERS OF PROPERTY--Table of Contents

 

Sec. 371.2  Definitions.



    (a) Broker means a person who, for compensation, arranges, or offers 

to arrange, the transportation of property by an authorized motor 

carrier. Motor carriers, or persons who are employees or bona fide 

agents of carriers, are not brokers within the meaning of this section 

when they arrange or offer to arrange the transportation of shipments 

which they are authorized to transport and which they have accepted and 

legally bound themselves to transport.

    (b) Bona fide agents are persons who are part of the normal 

organization of a motor carrier and perform duties under the carrier's 

directions pursuant to a preexisting agreement which provides for a 

continuing relationship, precluding the exercise of discretion on the 

part of the agent in allocating traffic between the carrier and others.

    (c) Brokerage or brokerage service is the arranging of 

transportation or the physical movement of a motor vehicle or of 

property. It can be performed on behalf of a motor carrier, consignor, 

or consignee.

    (d) Non-brokerage service is all other service performed by a broker 

on behalf of a motor carrier, consignor, or consignee.