§FMCSR.com
Current textSource: eCFR

§ 365.403 Definitions.

Current wording, effective January 17, 2017.

eCFR (current) ↗
What changedOct. 1, 2003 wording → Jan. 17, 2017 wording (current)+96 added−294 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
one orperson theis mergertaken ofover twoby oranother moreperson carriers 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 by 49 U.S.C. 13902 issued to motor carriers;
(2) Permits49 U.S.C. 13903 issued to freight forwarders;
(3) Licenses issued to property brokers; 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.
(e) Record holderentities. The person shown on the records of the FMCSA as the legal owner of the operating rights.
(f)Effective Control.Date 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.Note:
(g)At Category88 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 485280179, FebNov. 1817, 19882023, as§ amended365.403 atwas 67suspended FR 61821indefinitely, Octeffective Nov. 217, 2002]2023.

49 CFR § 365.403 — Definitions.. Text current through October 15, 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.