§FMCSR.com
Historical textIn force on Sept. 30, 2005Source: annual CFR editions 2003–2016

§ 365.403 Definitions.

Wording in the annual edition revised as of Oct. 1, 2003, superseded January 17, 2017.

govinfo, 2004 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2004 edition's wording. An amendment that took effect between Oct. 1, 2004 and Sept. 30, 2005 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 365.403 — Definitions.. Text in force on September 30, 2005. This wording effective October 1, 2003 to January 17, 2017. Source: govinfo, 2004 edition, https://www.govinfo.gov/app/details/CFR-2004-title49-vol4/CFR-2004-title49-vol4-sec365-403. Retrieved from FMCSR.com, https://fmcsr.com/reg/365.403?asof=2005-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

For the purposes of this part, the following definitions apply:

(a) Transfer. Transfers include all transactions (i.e., the sale or lease of interstate operating rights, 1 or the merger of two or more carriers or a carrier into a noncarrier) subject to 49 U.S.C. 10926, as well as the sale of property brokers' licenses under 49 U.S.C. 10321.

1 The execution of a chattel mortgage, deed of trust, or other similar document does not constitute a transfer or require the FMCSA's approval. However, a foreclosure for the purpose of transferring an operating right to satisfy a judgment or claim against the record holder may not be effected without approval of the FMCSA.

(b) Operating rights. Operating rights include:

(1) Certificates and permits issued to motor carriers;

(2) Permits issued to freight forwarders;

(3) Licenses issued to property brokers; and

(4) Certificates of Registration issued to motor carriers. The term also includes authority held by virtue of the gateway elimination regulations published in the Federal Register as letter-notices.

(c) Certificate of registration. The evidence of a motor carrier's right to engage in interstate or foreign commerce within a single State is established by a corresponding State certificate.

(d) Person. An individual, partnership, corporation, company, association, or other form of business, or a trustee, receiver, assignee, or personal representative of any of these.

(e) Record holder. The person shown on the records of the FMCSA as the legal owner of the operating rights.

(f) Control. A relationship between persons that includes actual control, legal control, and the power to exercise control, through or by common directors, officers, stockholders, a voting trust, a holding or investment company, or any other means.

(g) Category 1 transfers. Transactions in which the person to whom the operating rights would be transferred is not an FMCSA carrier and is not affiliated with any FMCSA carrier.

(h) Category 2 transfers. Transactions in which the person to whom the operating rights would be transferred is an FMCSA carrier and/or is affiliated with an FMCSA carrier.

[53 FR 4852, Feb. 18, 1988, as amended at 67 FR 61821, Oct. 2, 2002]

Amendment history

4 distinct wordings on file since Oct. 1, 1998
  1. Jan. 17, 2017 → presenteCFR, day-precisediff vs. previous
  2. Oct. 1, 2003 → Jan. 17, 2017annual editions 2003–2016diff vs. previousviewing
    [53 FR 4852, Feb. 18, 1988, as amended at 67 FR 61821, Oct. 2, 2002]
  3. Oct. 1, 2001 → Oct. 1, 2003annual editions 2001–2002diff vs. previous
  4. Oct. 1, 1998 → Oct. 1, 2001annual editions 1998–2000

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.