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49 U.S.C. § 13102 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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
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Stable record: federal_law:legal_authorities:record_usc_767e31463085c9c6e6224135
Source file: Laws/federal/codes/united-states-code/title-49/section-13102-definitions--19af0e192b.md
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Source location: Title 49, Chapter 131, § 13102; chapter-131-general-provisions.md
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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) **Household goods motor carrier.—**
(A) *In general.—* — The term “household goods motor carrier” means a motor carrier that, in the ordinary course of its business of providing transportation of household goods, offers some or all of the following additional services:
(i) Binding and nonbinding estimates.
(ii) Inventorying.
(iii) Protective packing and unpacking of individual items at personal residences.
(iv) Loading and unloading at personal residences.
(B) *Inclusion.—* — The term includes any person that is considered to be a household goods motor carrier under regulations, determinations, and decisions of the Federal Motor Carrier Safety Administration that are in effect on the date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005.
(C) *Limited service exclusion.—* — The term does not include a motor carrier when the motor carrier provides transportation of household goods in containers or trailers that are entirely loaded and unloaded by an individual (other than an employee or agent of the motor carrier).
(13) **Individual shipper.—** — The term “individual shipper” means any person who—
(A) is the shipper, consignor, or consignee of a household goods shipment;
(B) is identified as the shipper, consignor, or consignee on the face of the bill of lading;
(C) owns the goods being transported; and
(D) pays his or her own tariff transportation charges.
(14) **Motor carrier.—** — The term “motor carrier” means a person providing motor vehicle transportation for compensation.
(15) **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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13501&num=0&edition=prelim);
(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.
(16) **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.
(17) **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.
(18) **Person.—** — The term “person”, in addition to its meaning under [section 1 of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section1&num=0&edition=prelim), includes a trustee, receiver, assignee, or personal representative of a person.
(19) **Pre-arranged ground transportation service.—** — The term “pre-arranged ground transportation service” means transportation for a passenger (or a group of passengers) that is arranged in advance (or is operated on a regular route or between specified points) and is provided in a motor vehicle with a seating capacity not exceeding 15 passengers (including the driver).
(20) **Secretary.—** — The term “Secretary” means the Secretary of Transportation.
(21) **State.—** — The term “State” means the 50 States of the United States and the District of Columbia.
(22) **Taxicab service.—** — The term “taxicab service” means passenger transportation in a motor vehicle having a capacity of not more than 8 passengers (including the driver), not operated on a regular route or between specified places, and that—
(A) is licensed as a taxicab by a State or a local jurisdiction; or
(B) is offered by a person that—
(i) provides local transportation for a fare determined (except with respect to transportation to or from airports) primarily on the basis of the distance traveled; and
(ii) does not primarily provide transportation to or from airports.
(23) **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.
(24) **United states.—** — The term “United States” means the States of the United States and the District of Columbia.
(25) **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.
(26) **Water carrier.—** — The term “water carrier” means a person providing water transportation for compensation.
(27) **Over-the-road bus.—** — The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “Board” means the Surface Transportation Board;
(2) “car service” includes (A) the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier;
(3) “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;
(4) “person”, in addition to its meaning under [section 1 of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section1&num=0&edition=prelim), includes a trustee, receiver, assignee, or personal representative of a person;
(5) “rail carrier” means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation;
(6) “railroad” includes—
(A) a bridge, car float, lighter, ferry, and intermodal equipment used by or in connection with a railroad;
(B) the road used by a rail carrier and owned by it or operated under an agreement; and
(C) a switch, spur, track, terminal, terminal facility, and a freight depot, yard, and ground, used or necessary for transportation;
(7) “rate” means a rate or charge for transportation;
(8) “State” means a State of the United States and the District of Columbia;
(9) “transportation” includes—
(A) a locomotive, car, vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind rela
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10102
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier—
(1) between a place in—
(A) a State and a place in another State;
(B) a State and another place in the same State through another State;
(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;
(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or
(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and
(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
In regulating the railroad industry, it is the policy of the United States Government—
(1) to allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by rail;
(2) to minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required;
(3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, as determined by the Board;
(4) to ensure the development and continuation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense;
(5) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail carriers and other modes;
(6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital;
(7) to reduce regulatory barriers to entry into and exit from the industry;
(8) to operate transportation facilities and equipment without detriment to the public health and safety;
(9) to encourage honest and efficient management of railroads;
(10) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability;
(11) to encourage fair wages and safe and suitable working conditions in the railroad industry;
(12) to prohibit predatory pricing and practices, to avoid undue concentrations of market power, and to prohibit unlawful discrimination;
(13) to ensure the av
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
In determining the meaning of any Act of Congress, unless the context indicates otherwise—
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Protection against retroactive application of regulatory and legal action** Except as provided in subsection (b), during the 3-year period beginning on November 12, 1999, it shall be a presumption that no State law imposes any licensing, appointment, or education requirements on any person who solicits the purchase of or sells insurance connected with, and incidental to, the lease or rental of a motor vehicle.
**(b) Preeminence of State insurance law** No provision of this section shall be construed as altering the validity, interpretation, construction, or effect of—
(1) any State statute;
(2) the prospective application of any court judgment interpreting or applying any State statute; or
(3) the prospective application of any final State regulation, order, bulletin, or other statutorily authorized interpretation or action,
which, by its specific terms, expressly regulates or exempts from regulation any person who solicits the purchase of or sells insurance connected with, and incidental to, the short-term lease or rental of a motor vehicle.
**(c) Scope of application** This section shall apply with respect to—
(1) the lease or rental of a motor vehicle for a total period of 90 consecutive days or less; and
(2) insurance which is provided in connection with, and incidentally to, such lease or rental for a period of consecutive days not exceeding the lease or rental period.
**(d) Motor vehicle defined** For purposes of this section, the term “motor vehicle” has the same meaning as in [section 13102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13102&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company.
(2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).
(3) The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.
(4) The term “destructive device” means—
(A) any explosive, incendiary, or poison gas—
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding clauses;
(B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment or lending, etc., of money by employer or agent to employees, representatives, or labor organizations** It shall be unlawful for any employer or association of employers or any person who acts as a labor relations expert, adviser, or consultant to an employer or who acts in the interest of an employer to pay, lend, or deliver, or agree to pay, lend, or deliver, any money or other thing of value—
(1) to any representative of any of his employees who are employed in an industry affecting commerce; or
(2) to any labor organization, or any officer or employee thereof, which represents, seeks to represent, or would admit to membership, any of the employees of such employer who are employed in an industry affecting commerce; or
(3) to any employee or group or committee of employees of such employer employed in an industry affecting commerce in excess of their normal compensation for the purpose of causing such employee or group or committee directly or indirectly to influence any other employees in the exercise of the right to organize and bargain collectively through representatives of their own choosing; or
(4) to any officer or employee of a labor organization engaged in an industry affecting commerce with intent to influence him in respect to any of his actions, decisions, or duties as a representative of employees or as such officer or employee of such labor organization.
**(b) Request, demand, etc., for money or other thing of value**
(1) It shall be unlawful for any person to request, demand, receive, or accept, or agree to receive or accept, any payment, loan, or delivery of any money or other thing of value prohibited by subsection (a).
(2) It shall be unlawful for any labor organization, or for any person acting as an officer, agent, representat
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 186
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions**
(1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
(2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966—
(A) for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966,
(B) for a workweek longer than forty-two hours during the second year from such date, or
(C) for a workweek longer than forty hours after the expiration of the second year from such date,
unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
**(b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products** No employer shall be deemed to have violated subsection
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations; standards; consultation with Secretary of Transportation**
(1) Within nine months after October 27, 1972, the Administrator shall publish proposed noise emission regulations for motor carriers engaged in interstate commerce. Such proposed regulations shall include noise emission standards setting such limits on noise emissions resulting from operation of motor carriers engaged in interstate commerce which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under [section 4905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim).
(2) Within ninety days after the publication of such regulations as may be proposed under paragraph (1) of this subsection, and subject to the provisions of [section 4915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4915&num=0&edition=prelim), the Administrator shall promulgate final regulations. Such regulations may be revised from time to time, in accordance with this subsection.
(3) Any standard or regulation, or revision thereof, proposed under this subsection shall be promulgated only after consultation with the Secretary of Transportation in order to assure appropriate consideration for safety and technological availability.
(4) Any regulation or revision thereof promulgated under this subsection shall take effect after such period as the Administrator finds necessary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4917
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