---
kind: "section"
citation: "49 C.F.R. § 365.403T"
title: "49"
number: "365.403T"
heading: "Definitions."
url: "https://uscodex.org/cfr/49/365.403T"
---

# §365.403T. Definitions.


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

- (a) **Transfer.**
  - (1) Transfers include all transactions (i.e., the sale or lease of interstate operating rights, or the merger of two or more carriers or a carrier into a noncarrier) subject to [49 U.S.C. 10926](/usc/49/10926.md), as well as the sale of property brokers' licenses under [49 U.S.C. 10321](/usc/49/10321.md).
  - (2) The execution of a chattel mortgage, deed of trust, or other similar document does not constitute a transfer or require 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 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.

## Notes

### Amendments

[82 FR 5300, Jan. 17, 2017, as amended at 83 FR 22873, May 17, 2018]

### Source

Source: 80 FR 63705, Oct. 21, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87.

### Source

Source: 59 FR 63728, Dec. 9, 1994, unless otherwise noted. Redesignated at 61 FR 54707, Oct. 21, 1996.

### Amendments

[82 FR 5300, Jan. 17, 2017, as amended at 83 FR 22873, May 17, 2018]