
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC13102]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                     CHAPTER 131--GENERAL PROVISIONS
 
Sec. 13102. Definitions

    In this part, the following definitions shall apply:
        (1) Board.--The term ``Board'' means the Surface Transportation 
    Board.
        (2) Broker.--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) Carrier.--The term ``carrier'' means a motor carrier, a 
    water carrier, and a freight forwarder.
        (4) Contract carriage.--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) Control.--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) Foreign motor carrier.--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) Foreign motor private carrier.--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) Freight forwarder.--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.

    The term does not include a person using transportation of an air 
    carrier subject to part A of subtitle VII.
        (9) Highway.--The term ``highway'' means a road, highway, 
    street, and way in a State.
        (10) Household goods.--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) Household goods freight forwarder.--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) Motor carrier.--The term ``motor carrier'' means a person 
    providing motor vehicle transportation for compensation.
        (13) Motor private carrier.--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.

        (14) Motor vehicle.--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.
        (15) Noncontiguous domestic trade.--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.
        (16) Person.--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.
        (17) Secretary.--The term ``Secretary'' means the Secretary of 
    Transportation.
        (18) State.--The term ``State'' means the 50 States of the 
    United States and the District of Columbia.
        (19) Transportation.--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.

        (20) United states.--The term ``United States'' means the States 
    of the United States and the District of Columbia.
        (21) Vessel.--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.
        (22) Water carrier.--The term ``water carrier'' means a person 
    providing water transportation for compensation.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 854; 
amended Pub. L. 104-287, Sec. 5(27), Oct. 11, 1996, 110 Stat. 3390; Pub. 
L. 106-159, title II, Sec. 209(a), Dec. 9, 1999, 113 Stat. 1764.)


                      Historical and Revision Notes

                     Pub. L. 104-287, Sec. 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, Sec. 5(27)(B)

    This amends 49:13102(4)(B) for clarity and consistency.

                       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, 
Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.


                            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, Sec. 102(a).


                               Amendments

    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, Sec. 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, Sec. 5(27)(B), substituted ``after 
December 31, 1995'' for ``on or after such date''.

                  Section Referred to in Other Sections

    This section is referred to in sections 501, 5102, 5901, 14101, 
14706, 41713 of this title; title 15 section 6781; title 18 section 921; 
title 29 section 186; title 39 section 5201; title 42 section 4917.
