§FMCSR.com
Current textSource: eCFR

§ 365.403 Definitions.

Current wording, effective January 17, 2017.

eCFR (current) ↗
What changedOct. 1, 2001 wording → Jan. 17, 2017 wording (current)+101 added−286 removedHide

For the purposes of this partsubpart, the following definitions apply:
(a) Transfer. TransfersA includetransfer allmeans transactionsany (i.e.,transaction thein salewhich oran leaseoperating ofauthority interstateissued operatingto rights,1
orone theperson mergeris oftaken twoover orby moreanother carriersperson or apersons carrierwho intoassume alegal noncarrier)responsibility subjectfor to 49 U.S.C. 10926, as well as the sale of property brokers’ licenses under 49 Uoperations.S.C. 10321.
1Such Thetransactions executioninclude of a chattelpurchase mortgage, deed of trust,all or othersome similarof documentthe doesassets notof constitute a transfer or require the FMCSA's approval. Howevercompany, a foreclosuremerger for the purpose of transferringtwo anor operatingmore rightcompanies, to satisfy a judgment or claimacquisition againstof thecontrolling recordinterest holderin maya notcompany bethrough effecteda withoutpurchase approval of thecompany FMCSAstock.
(b) Operating rightsauthority. Operating rightsauthority include:
(1)means Certificatesa andregistration permitsrequired issuedby to49 motorU.S.C. and13902 water carriers;
(2) Permits issued to householdmotor goodscarriers; freight49 forwarders;
(3)U.S.C. Licenses13903 issued to propertyfreight brokersforwarders; and
(4) Certificates49 of Registration issued to motor carriersU. The term also includes authority held by virtue of the gateway elimination regulations published in the Federal Register as letter-noticesS.
(c) Certificate of registrationC. The13904 evidenceissued of a motor carrier's right to engage in interstate or foreign commerce within a single State is established by a corresponding State certificatebrokers.
(dc) Person. An individual, partnership, corporation, company, association, or other form of business, or a trustee, receiver, assignee, or personal representative of any of these entities.
(e)Effective RecordDate holder. The person shown on the records of the FMCSA as the legal owner of the operating rights.Note:
(f)At Control.88 AFR relationship between persons that includes actual control80179, legalNov. control17, and the power to exercise control2023, through§ or365.403 bywas commonsuspended directorsindefinitely, officers,effective stockholders,Nov. a voting trust17, a holding or investment company, or any other means2023.
(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.

49 CFR § 365.403 — Definitions.. Text current through October 22, 2026. This wording effective January 17, 2017 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-365.403. Retrieved from FMCSR.com, https://fmcsr.com/reg/365.403, on October 26, 2026. Unofficial compilation; verify against the official source.

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

(a) Transfer. A transfer means any transaction in which an operating authority issued to one person is taken over by another person or persons who assume legal responsibility for the operations. Such transactions include a purchase of all or some of the assets of a company, a merger of two or more companies, or acquisition of controlling interest in a company through a purchase of company stock.

(b) Operating authority. Operating authority means a registration required by 49 U.S.C. 13902 issued to motor carriers; 49 U.S.C. 13903 issued to freight forwarders; and 49 U.S.C. 13904 issued to brokers.

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

Effective Date Note:

At 88 FR 80179, Nov. 17, 2023, § 365.403 was suspended indefinitely, effective Nov. 17, 2023.

Amendment history

4 distinct wordings on file since Oct. 1, 1998
  1. Jan. 17, 2017 → presenteCFR, day-precisediff vs. previousviewing
  2. Oct. 1, 2003 → Jan. 17, 2017annual editions 2003–2016diff vs. previous
    [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. Set a case date in the header to read any earlier wording.