§13304 — Title 49 Transportation | U.S. Code

Summary

Motor carriers and brokers covered by chapter 135 must name a person and give that person’s mailing address in every State where they do business. That person must be someone who can be handed court papers in a lawsuit against the carrier or broker. The names must be written down and filed with the Department of Transportation, and a State can ask for a copy. If no one is named, court papers can be given to any agent of the carrier or broker in that State. The named person can be changed later the same way.

Title 49, §13304

Transportation — Source: USLM XML via OLRC

(a)A motor carrier or broker providing transportation subject to jurisdiction under chapter 135, including a motor carrier or broker operating within the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier or broker. The designation shall be in writing and filed with the Department of Transportation and each State in which the carrier operates may require that an additional designation be filed with it. If a designation under this subsection is not made, service may be made on any agent of the carrier or broker within that State.

(b)A designation under this section may be changed at any time in the same manner as originally made.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10330 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§13304 Service of process in court proceedings