- § 365.101
Applications governed by these rules.
- § 365.103
- § 365.105
Starting the application process: Form OP-1.
- § 365.107
Types of applications.
- § 365.109
FMCSA review of the application.
- § 365.110
Need to complete New Entrant Safety Assurance Program.
- § 365.111
Appeals to rejections of the application.
- § 365.113
Changing the request for authority or filing supplementary evidence after the application is filed.
- § 365.115
After publication in the FMCSA Register.
- § 365.117
Obtaining a copy of the application.
- § 365.119
- § 365.121
Filing a reply statement.
- § 365.123
- § 365.201
- § 365.203
Time for filing.
- § 365.205
Contents of the protest.
- § 365.207
- § 365.301
- § 365.303
Contacting another party.
- § 365.305
Serving copies of pleadings.
- § 365.307
Replies to motions.
- § 365.309
- § 365.401
Scope of rules.
- § 365.403
- § 365.405
- § 365.407
- § 365.409
FMCSA action and criteria for approval.
- § 365.411
- § 365.413
Procedures for changing the name or business form of a motor carrier, freight forwarder, or property broker.
- § 365.501
Scope of rules.
- § 365.503
- § 365.505
Re-registration and fee waiver for certain applicants.
- § 365.507
FMCSA action on the application.
- § 365.509
Requirement to notify FMCSA of change in applicant information.
- § 365.511
Requirement for CVSA inspection of vehicles during first three consecutive years of permanent operating authority.
- Appendix A to Subpart E of Part 365
Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Mexico-Domiciled Motor Carriers
RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
§ 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 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.
1The 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.
Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.
The CFR may also be viewed online at http://ECFR.gpoaccess.gov.