49 U.S.C. § 13102 : US Code - Section 13102: Definitions

Search 49 U.S.C. § 13102 : US Code - Section 13102: Definitions

In this part, the following definitions shall apply:
(1) Board. - The term "Board" means the Surface Transportation
Board.
(2) Broker. - The term "broker" means a person, other than a
motor carrier or an employee or agent of a motor carrier, that as
a principal or agent sells, offers for sale, negotiates for, or
holds itself out by solicitation, advertisement, or otherwise as
selling, providing, or arranging for, transportation by motor
carrier for compensation.
(3) Carrier. - The term "carrier" means a motor carrier, a
water carrier, and a freight forwarder.
(4) Contract carriage. - The term "contract carriage" means -
(A) for transportation provided before January 1, 1996,
service provided pursuant to a permit issued under section
10923, as in effect on December 31, 1995; and
(B) for transportation provided after December 31, 1995,
service provided under an agreement entered into under section
14101(b).
(5) Control. - The term "control", when referring to a
relationship between persons, includes actual control, legal
control, and the power to exercise control, through or by -
(A) common directors, officers, stockholders, a voting trust,
or a holding or investment company, or
(B) any other means.
(6) Foreign motor carrier. - The term "foreign motor carrier"
means a person (including a motor carrier of property but
excluding a motor private carrier) -
(A)(i) that is domiciled in a contiguous foreign country; or
(ii) that is owned or controlled by persons of a contiguous
foreign country; and
(B) in the case of a person that is not a motor carrier of
property, that provides interstate transportation of property
by commercial motor vehicle (as defined in section 31132) under
an agreement or contract entered into with a motor carrier of
property (other than a motor private carrier or a motor carrier
of property described in subparagraph (A)).
(7) Foreign motor private carrier. - The term "foreign motor
private carrier" means a person (including a motor private
carrier but excluding a motor carrier of property) -
(A)(i) that is domiciled in a contiguous foreign country; or
(ii) that is owned or controlled by persons of a contiguous
foreign country; and
(B) in the case of a person that is not a motor private
carrier, that provides interstate transportation of property by
commercial motor vehicle (as defined in section 31132) under an
agreement or contract entered into with a person (other than a
motor carrier of property or a motor private carrier described
in subparagraph (A)).
(8) Freight forwarder. - The term "freight forwarder" means a
person holding itself out to the general public (other than as a
pipeline, rail, motor, or water carrier) to provide
transportation of property for compensation and in the ordinary
course of its business -
(A) assembles and consolidates, or provides for assembling
and consolidating, shipments and performs or provides for break-
bulk and distribution operations of the shipments;
(B) assumes responsibility for the transportation from the
place of receipt to the place of destination; and
(C) uses for any part of the transportation a carrier subject
to jurisdiction under this subtitle.
The term does not include a person using transportation of an air
carrier subject to part A of subtitle VII.
(9) Highway. - The term "highway" means a road, highway,
street, and way in a State.
(10) Household goods. - The term "household goods", as used in
connection with transportation, means personal effects and
property used or to be used in a dwelling, when a part of the
equipment or supply of such dwelling, and similar property if the
transportation of such effects or property is -
(A) arranged and paid for by the householder, except such
term does not include property moving from a factory or store,
other than property that the householder has purchased with the
intent to use in his or her dwelling and is transported at the
request of, and the transportation charges are paid to the
carrier by, the householder; or
(B) arranged and paid for by another party.
(11) Household goods freight forwarder. - The term "household
goods freight forwarder" means a freight forwarder of one or more
of the following items: household goods, unaccompanied baggage,
or used automobiles.
(12) Household goods motor carrier. -
(A) In general. - The term "household goods motor carrier"
means a motor carrier that, in the ordinary course of its
business of providing transportation of household goods, offers
some or all of the following additional services:
(i) Binding and nonbinding estimates.
(ii) Inventorying.
(iii) Protective packing and unpacking of individual items
at personal residences.
(iv) Loading and unloading at personal residences.
(B) Inclusion. - The term includes any person that is
considered to be a household goods motor carrier under
regulations, determinations, and decisions of the Federal Motor
Carrier Safety Administration that are in effect on the date of
enactment of the Household Goods Mover Oversight Enforcement
and Reform Act of 2005.
(C) Limited service exclusion. - The term does not include a
motor carrier when the motor carrier provides transportation of
household goods in containers or trailers that are entirely
loaded and unloaded by an individual (other than an employee or
agent of the motor carrier).
(13) Individual shipper. - The term "individual shipper" means
any person who -
(A) is the shipper, consignor, or consignee of a household
goods shipment;
(B) is identified as the shipper, consignor, or consignee on
the face of the bill of lading;
(C) owns the goods being transported; and
(D) pays his or her own tariff transportation charges.
(14) Motor carrier. - The term "motor carrier" means a person
providing commercial motor vehicle (as defined in section 31132)
transportation for compensation.
(15) Motor private carrier. - The term "motor private carrier"
means a person, other than a motor carrier, transporting property
by commercial motor vehicle (as defined in section 31132) when -
(A) the transportation is as provided in section 13501 of
this title;
(B) the person is the owner, lessee, or bailee of the
property being transported; and
(C) the property is being transported for sale, lease, rent,
or bailment or to further a commercial enterprise.
(16) Motor vehicle. - The term "motor vehicle" means a vehicle,
machine, tractor, trailer, or semitrailer propelled or drawn by
mechanical power and used on a highway in transportation, or a
combination determined by the Secretary, but does not include a
vehicle, locomotive, or car operated only on a rail, or a trolley
bus operated by electric power from a fixed overhead wire, and
providing local passenger transportation similar to street-
railway service.
(17) Noncontiguous domestic trade. - The term "noncontiguous
domestic trade" means transportation subject to jurisdiction
under chapter 135 involving traffic originating in or destined to
Alaska, Hawaii, or a territory or possession of the United
States.
(18) Person. - The term "person", in addition to its meaning
under section 1 of title 1, includes a trustee, receiver,
assignee, or personal representative of a person.
(19) Pre-arranged ground transportation service. - The term
"pre-arranged ground transportation service" means transportation
for a passenger (or a group of passengers) that is arranged in
advance (or is operated on a regular route or between specified
points) and is provided in a motor vehicle with a seating
capacity not exceeding 15 passengers (including the driver).
(20) Secretary. - The term "Secretary" means the Secretary of
Transportation.
(21) State. - The term "State" means the 50 States of the
United States and the District of Columbia.
(22) Taxicab service. - The term "taxicab service" means
passenger transportation in a motor vehicle having a capacity of
not more than 8 passengers (including the driver), not operated
on a regular route or between specified places, and that -
(A) is licensed as a taxicab by a State or a local
jurisdiction; or
(B) is offered by a person that -
(i) provides local transportation for a fare determined
(except with respect to transportation to or from airports)
primarily on the basis of the distance traveled; and
(ii) does not primarily provide transportation to or from
airports.
(23) Transportation. - The term "transportation" includes -
(A) a motor vehicle, vessel, warehouse, wharf, pier, dock,
yard, property, facility, instrumentality, or equipment of any
kind related to the movement of passengers or property, or
both, regardless of ownership or an agreement concerning use;
and
(B) services related to that movement, including arranging
for, receipt, delivery, elevation, transfer in transit,
refrigeration, icing, ventilation, storage, handling, packing,
unpacking, and interchange of passengers and property.
(24) United states. - The term "United States" means the States
of the United States and the District of Columbia.
(25) Vessel. - The term "vessel" means a watercraft or other
artificial contrivance that is used, is capable of being used, or
is intended to be used, as a means of transportation by water.
(26) Water carrier. - The term "water carrier" means a person
providing water transportation for compensation.