Title 49, TransportationRelease 119-110

§13102 Definitions

Title 49 › SUBTITLE IV — INTERSTATE TRANSPORTATION › PART B — MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS › CHAPTER 131 — GENERAL PROVISIONS › § 13102

Last updated Sep 22, 2026|Official source

Summary

Lists and explains the words used in the rules about moving people and goods. Board means the Surface Transportation Board. Broker means someone (not a motor carrier or its employee) who, for pay, sells, arranges, or advertises motor-carrier transportation. Carrier means a motor carrier, a water carrier, or a freight forwarder. Contract carriage means service under the old permit system for trips before January 1, 1996, and under an agreement under section 14101(b) for trips after December 31, 1995. Control means actual or legal power to direct another person, whether by shared officers, owners, voting trusts, holding companies, or other ways. Foreign motor carrier means a person (including a property motor carrier but not a private motor carrier) based in or owned/controlled by people of a neighboring foreign country who, if not itself a motor carrier, moves property under an agreement with a motor carrier of property. Foreign motor private carrier means a person (including a motor private carrier but not a motor carrier of property) based in or owned/controlled by people of a neighboring foreign country who, if not a motor private carrier, moves property under an agreement with a person described above. Freight forwarder means a business (not a pipeline, rail, motor, or water carrier) that offers to the public to move goods for pay, that assembles and breaks shipments, takes responsibility from pickup to delivery, and uses a carrier under this law; it does not include one using air carrier transport under part A of subtitle VII. Highway means a road, street, or way in a State. Household goods means personal items and home supplies moved for use in a dwelling when the homeowner arranges and pays (with a limited exception for newly purchased goods) or when someone else arranges and pays. Household goods freight forwarder means a freight forwarder that handles household goods, unaccompanied baggage, or used cars. Household goods motor carrier means a motor carrier that normally moves household goods and also offers services like binding or nonbinding estimates, inventories, packing/unpacking at homes, and loading/unloading at homes; it also covers persons treated that way under FMCSA rules in effect when the Household Goods Mover Oversight Enforcement and Reform Act of 2005 was enacted, but does not include carriers that use containers or trailers loaded and unloaded entirely by an individual who is not the carrier’s employee or agent. Individual shipper means the person named as shipper, consignor, or consignee on the bill of lading who owns the goods and pays the tariff charges. Motor carrier means a person who moves people or goods by motor vehicle for pay. Motor private carrier means a person (not a motor carrier) who transports their own property by motor vehicle under the rules in section 13501, and who is the owner, lessee, or bailee of the goods moved for sale, lease, rent, bailment, or to support a business. Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer driven or towed by mechanical power and used on a highway, or a combination the Secretary decides, but not rail-only vehicles or trolley buses run from an overhead wire like a street railway. Noncontiguous domestic trade means moves under chapter 135 to or from Alaska, Hawaii, or a U.S. territory or possession. Person includes individuals and entities and also a trustee, receiver, assignee, or personal representative acting for someone else. Pre-arranged ground transportation service means prebooked or regularly scheduled passenger transport in a motor vehicle that seats no more than 15 people including the driver. Secretary means the Secretary of Transportation. State means the 50 States and the District of Columbia. Taxicab service means passenger rides in a motor vehicle that seats no more than 8 people including the driver, not on a regular route, and either licensed as a taxicab or offered locally with fares mainly based on distance and not mainly to or from airports. Transportation includes the vehicles, vessels, warehouses, docks, yards, equipment, and facilities used to move people or goods and the services tied to that movement (like arranging, handling, packing, storing, refrigeration, and delivery). United States means the 50 States and the District of Columbia. Vessel means a watercraft or other craft used or meant to be used for water transportation. Water carrier means a person who provides transportation by water for pay. Over-the-road bus means a bus with a raised passenger deck above a baggage compartment.

Full Legal Text

Title 49, §13102

Transportation, Source: USLM XML via OLRC

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 motor vehicle 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 motor vehicle 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 motor vehicle transportation for compensation.
(15)Motor private carrier.—
The term “motor private carrier” means a person, other than a motor carrier, transporting property by motor vehicle 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.
(27)Over-the-road bus.—
The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 104–287, § 5(27)(A)This amends 49:13102(4)(A) by setting out the

Effective Date

of the ICC Termination Act of 1995 (Public Law 104–88, 109 Stat. 803) and the day before that date. Pub. L. 104–287, § 5(27)(B)This amends 49:13102(4)(B) for clarity and consistency.

Editorial Notes

References in Text

section 10923, referred to in par. (4)(A), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996. The date of enactment of the Household Goods Mover Oversight

Enforcement

and Reform Act of 2005, referred to in par. (12)(B), is the date of enactment of subtitle B of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.

Prior Provisions

Provisions similar to those in this section were contained in section 10102 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Amendments

2008—Pars. (6)(B), (7)(B), (14), (15). Pub. L. 110–244 substituted “motor vehicle” for “commercial motor vehicle (as defined in section 31132)”. Par. (27). Pub. L. 110–291 added par. (27). 2005—Pars. (6)(B), (7)(B). Pub. L. 109–59, § 4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle”. Par. (12). Pub. L. 109–59, § 4202(b), added par. (12). Former par. (12) redesignated (14). Pub. L. 109–59, § 4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle”. Par. (13). Pub. L. 109–59, § 4202(b), added par. (13). Former par. (13) redesignated (15). Pub. L. 109–59, § 4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle” in introductory provisions. Pars. (14) to (26). Pub. L. 109–59, § 4202(b), redesignated pars. (12) to (24) as (14) to (26), respectively. 2002—Pars. (17) to (24). Pub. L. 107–298 added pars. (17) and (20) and redesignated former pars. (17), (18), (19), (20), (21), and (22) as pars. (18), (19), (21), (22), (23), and (24), respectively. 1999—Par. (10)(A). Pub. L. 106–159 substituted “, 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;” for “, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling,”. 1996—Par. (4)(A). Pub. L. 104–287, § 5(27)(A), substituted “January 1, 1996” for “the

Effective Date

of this section” and “December 31, 1995” for “the day before the

Effective Date

of this section”. Par. (4)(B). Pub. L. 104–287, § 5(27)(B), substituted “after December 31, 1995” for “on or after such date”.

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. Application of Certain Provisions of Law Pub. L. 109–59, title IV, § 4202(c), Aug. 10, 2005, 119 Stat. 1752, provided that: “The provisions of title 49, United States Code, and this subtitle [subtitle B (§§ 4201–4216) of title IV of Pub. L. 109–59, see

Short Title

of 2005 Amendment note set out under section 10101 of this title] (including any

Amendments

made by this subtitle), that relate to the transportation of household goods apply only to a household goods motor carrier (as defined in section 13102 of title 49, United States Code).” Definitions Pub. L. 109–59, title IV, § 4202(a), Aug. 10, 2005, 119 Stat. 1751, provided that: “In this subtitle [subtitle B (§§ 4201–4216) of title IV of Pub. L. 109–59, see

Short Title

of 2005 Amendment note set out under section 10101 of this title], the terms ‘carrier’, ‘household goods’, ‘motor carrier’, ‘Secretary’, and ‘transportation’ have the meaning given to such terms in section 13102 of title 49, United States Code.”

Reference

Citations & Metadata

Citation

49 U.S.C. § 13102

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110