§13303 — Title 49 Transportation | U.S. Code

Summary

Carriers, brokers, and freight forwarders that operate under chapter 135 must name, in writing, an agent and give that agent’s mailing address to receive notices and actions from the Secretary. Motor carriers must also file the agent’s name with each State where they operate and can change it later the same way. Notices can be delivered in person or mailed to the agent’s filed address (the mailing date counts as the service date). If no agent is named, a notice may be posted at the Department of Transportation headquarters.

Title 49, §13303

Transportation — Source: USLM XML via OLRC

(a)A carrier, a broker, or a freight forwarder providing transportation or service subject to jurisdiction under chapter 135 shall designate, in writing, an agent by name and post office address on whom service of notices in a proceeding before, and of actions of, the Secretary may be made.

(b)A motor carrier providing transportation under this part shall also file the designation with the appropriate authority of each State in which it operates. The designation may be changed at any time in the same manner as originally made.

(c)A notice to a motor carrier, freight forwarder, or broker shall be served personally or by mail on the motor carrier, freight forwarder, or broker or on its designated agent. Service by mail on the designated agent shall be made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If a motor carrier, freight forwarder, or broker does not have a designated agent, service may be made by posting a copy of the notice at the headquarters of the Department of Transportation.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10329 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.

§13303 Service of Notice in Proceedings