§13102 — Title 49 Transportation | U.S. Code

Summary

Defines common words used in the transportation rules. Board — the Surface Transportation Board. Broker — someone (not a motor carrier or its employee/agent) who, for pay, sells, offers, or arranges motor-carrier transportation. Carrier — includes motor carriers, water carriers, and freight forwarders. Contract carriage — before January 1, 1996, transportation under permits issued under section 10923 as it was on December 31, 1995; after December 31, 1995, transportation under an agreement made under section 14101(b). Control — actual or legal control or the power to control, including by shared directors, officers, stockholders, trusts, holding or investment companies, or other means. Foreign motor carrier — a person (including a motor carrier of property but not a motor private carrier) based in or owned/controlled by persons of a neighboring foreign country, and if not a property motor carrier, one that moves property across state lines under a contract with a property motor carrier (subject to the stated exceptions). Foreign motor private carrier — a person (including a motor private carrier but not a motor carrier of property) based in or owned/controlled by persons of a neighboring foreign country, and if not a motor private carrier, one that moves property across state lines under a contract with a person (subject to the stated exceptions). Freight forwarder — a business that offers to move goods for pay (not as a pipeline, rail, motor, or water carrier), that in its normal work consolidates shipments, handles break-bulk and distribution, accepts responsibility from pickup to delivery, and uses a carrier covered by these rules for part of the transport. Highway — any road, street, or similar way in a State. Household goods — personal items and property used in a home, moved as part of the home’s equipment or supplies when the householder arranges and pays (with a limited exception for purchased goods moved from stores) or when another party arranges and pays. Household goods freight forwarder — a freight forwarder handling household goods, unaccompanied baggage, or used automobiles. Household goods motor carrier — a motor carrier that, in moving household goods, offers services like binding and nonbinding estimates, inventories, protective packing/unpacking at homes, and loading/unloading at homes; it also includes those treated that way by FMCSA rules in effect on the enactment date of the Household Goods Mover Oversight Enforcement and Reform Act of 2005, and excludes carriers that only use containers or trailers entirely loaded and unloaded by an individual who is not the carrier’s employee or agent. Individual shipper — a person who is the shipper/consignor/consignee of a household goods shipment, named on the bill of lading, who owns the goods and pays their own tariff transportation charges. Motor carrier — a person who provides motor vehicle transportation for pay. Motor private carrier — a person (not a motor carrier) transporting property by motor vehicle when the transport fits section 13501, the person owns/leases/bailee of the property, and the property is moved for sale, lease, rent, bailment, or to further a business. Motor vehicle — a powered vehicle, tractor, trailer, or semitrailer used on a highway for transport, or a combination the Secretary decides; excludes vehicles that run only on rails and trolley buses run by overhead wires that act like streetcars. Noncontiguous domestic trade — transportation under chapter 135 that begins or ends in Alaska, Hawaii, or a U.S. territory or possession. Person — includes people and entities and also trustees, receivers, assignees, and personal representatives. Pre-arranged ground transportation service — passenger transport arranged ahead of time (or run on a set route) in a motor vehicle that seats no more than 15 people including the driver. Secretary — the Secretary of Transportation. State — the 50 States and the District of Columbia. Taxicab service — passenger rides in a vehicle for up to 8 people including the driver, not on a regular route, that is either licensed as a taxicab by state or local authorities or offered by a provider who sets local fares mainly by distance (except airport fares) and does not mainly serve airports. Transportation — the movement of passengers or property and the places, equipment, and services for that movement (vehicles, vessels, warehouses, docks, handling, packing, storage, refrigeration, delivery, and similar services). United States — the 50 States and the District of Columbia. Vessel — any watercraft or man-made device used or meant to be used to move people or goods on water. Water carrier — someone who provides water transportation for pay. Over-the-road bus — a bus with a raised passenger deck above a baggage compartment.

Title 49, §13102

Transportation — Source: USLM XML via OLRC

In this part, the following definitions shall apply:

(1)The term “Board” means the Surface Transportation Board.

(2)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)The term “carrier” means a motor carrier, a water carrier, and a freight forwarder.

(4)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)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)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)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)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.

(9)The term “highway” means a road, highway, street, and way in a State.

(10)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)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)(A)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)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)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)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)The term “motor carrier” means a person providing motor vehicle transportation for compensation.

(15)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)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)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)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)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)The term “Secretary” means the Secretary of Transportation.

(21)The term “State” means the 50 States of the United States and the District of Columbia.

(22)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)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)The term “United States” means the States of the United States and the District of Columbia.

(25)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)The term “water carrier” means a person providing water transportation for compensation.

(27)The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.

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.”

§13102 Definitions

Summary

Title 49, §13102

Notes & Related Subsidiaries

Historical and Revision Notes

Effective Date

Editorial Notes

References in Text

Enforcement

Prior Provisions

Amendments

Effective Date

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Short Title

Amendments

Short Title

Citations & Metadata