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Regulations current to Apr 12, 2013
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 All Regulations
Part 365
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Subpart D - Transfer of Operating Rights Under 49 U.S.C. 10926
Code of Federal Regulationsยง 365.403Definitions.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.
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.
(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.Code of Federal Regulations46
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