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  • § 365.101
    Applications governed by these rules.
  • § 365.103
    Modified procedure.
  • § 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
    Opposed applications.
  • § 365.121
    Filing a reply statement.
  • § 365.123
    Applicant withdrawal.
  • § 365.201
  • § 365.203
    Time for filing.
  • § 365.205
    Contents of the protest.
  • § 365.207
  • § 365.301
    Applicable rules.
  • § 365.303
    Contacting another party.
  • § 365.305
    Serving copies of pleadings.
  • § 365.307
    Replies to motions.
  • § 365.309
    FAX filings.
  • § 365.401
    Scope of rules.
  • § 365.403
  • § 365.405
  • § 365.407
  • § 365.409
    FMCSA action and criteria for approval.
  • § 365.411
    Responsive pleadings.
  • § 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

Part 365

§ 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.

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


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

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