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Definitions, as published

The definition of each term exactly as its official source words it, with the article or page it comes from.

1,785 records · page 27 of 36

Term slugDefinition textCitation
motor-carrier means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of subchapter B, this definition includes the terms employer, and exempt motor carrier. 49 CFR 390.5
motor-vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. 49 CFR 390.5
motor-vehicle-record means the report of the driving status and history of a driver generated from the driver record that is provided to users, such as drivers or employers, and, for drivers licensed by a State, is subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725. 49 CFR 390.5
multiple-employer-driver means a driver, who in any period of 7 consecutive days, is employed or used as a driver by more than one motor carrier. 49 CFR 390.5
operating-authority means the registration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a. 49 CFR 390.5
operator —See driver. 49 CFR 390.5
other-terms —Any other term used in this subchapter is used in its commonly accepted meaning, except where such other term has been defined elsewhere in this subchapter. In that event, the definition therein given shall apply. 49 CFR 390.5
out-of-service-order means a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR 386.72, 392.5, 392.9a, 395.13, or 396.9, or compatible laws, or the North American Standard Out-of-Service Criteria. 49 CFR 390.5
person means any individual, partnership, association, corporation, business trust, or any other organized group of individuals. 49 CFR 390.5
previous-employer means any DOT regulated person who employed the driver in the preceding 3 years, including any possible current employer. 49 CFR 390.5
principal-place-of-business means the single location designated by the motor carrier, normally its headquarters, for purposes of identification under this subchapter. The motor carrier must make records required by parts 382, 387, 390, 391, 395, 396, and 397 of this subchapter available for inspection at this location within 48 hours (Saturdays, Sundays, and Federal holidays excluded) after a request has been made by a special agent or authorized representative of the Federal Motor Carrier Safety Administration. 49 CFR 390.5
private-motor-carrier means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier. 49 CFR 390.5
private-motor-carrier-of-passengers-business means a private motor carrier engaged in the interstate transportation of passengers which is provided in the furtherance of a commercial enterprise and is not available to the public at large. 49 CFR 390.5
private-motor-carrier-of-passengers-nonbusiness means private motor carrier involved in the interstate transportation of passengers that does not otherwise meet the definition of a private motor carrier of passengers (business). 49 CFR 390.5
qualified-va-examiner means an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional who is employed in the Department of Veterans Affairs; is licensed, certified, or registered in a State to perform physical examinations; is familiar with the standards for, and physical requirements of, an operator certified pursuant to 49 U.S.C. 31149; and has never, with respect to such section, been found to have acted fraudulently, including by fraudulently awarding a medical certificate. 49 CFR 390.5
radar-detector means any device or mechanism to detect the emission of radio microwaves, laser beams or any other future speed measurement technology employed by enforcement personnel to measure the speed of commercial motor vehicles upon public roads and highways for enforcement purposes. Excluded from this definition are radar detection devices that meet both of the following requirements: (1) Transported outside the driver's compartment of the commercial motor vehicle. For this purpose, the driver's compartment of a passenger-carrying CMV shall include all space designed to accommodate both the driver and the passengers; and (2) Completely inaccessible to, inoperable by, and imperceptible to the driver while operating the commercial motor vehicle. 49 CFR 390.5
receiver-or-consignee means a person who takes delivery from a motor carrier or driver of a commercial motor vehicle of property transported in interstate commerce or hazardous materials transported in interstate or intrastate commerce. 49 CFR 390.5
regional-director-of-motor-carriers means the Field Administrator, Federal Motor Carrier Safety Administration, for a given geographical area of the United States. 49 CFR 390.5
residential-district means the territory adjacent to and including a highway which is not a business district and for a distance of 300 feet or more along the highway is primarily improved with residences. 49 CFR 390.5
residential-heating-fuel includes heating oil, natural gas, and propane (also known as Liquefied Petroleum Gas or Petroleum Gas, Liquified). 49 CFR 390.5
school-bus means a passenger motor vehicle which is designed or used to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting preprimary, primary, or secondary school students to such schools from home or from such schools to home. 49 CFR 390.5
school-bus-operation means the use of a school bus to transport only school children and/or school personnel from home to school and from school to home. 49 CFR 390.5
secretary means the Secretary of Transportation. 49 CFR 390.5
shipper means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in interstate commerce, or who tenders hazardous materials to a motor carrier or driver of a commercial motor vehicle for transportation in interstate or intrastate commerce. 49 CFR 390.5
single-employer-driver means a driver who, in any period of 7 consecutive days, is employed or used as a driver solely by a single motor carrier. This term includes a driver who operates a commercial motor vehicle on an intermittent, casual, or occasional basis. 49 CFR 390.5
special-agent See appendix B to this part. 49 CFR 390.5
state means a State of the United States and the District of Columbia and includes a political subdivision of a State. 49 CFR 390.5
texting means manually entering alphanumeric text into, or reading text from, an electronic device. (1) This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. (2) Texting does not include: (i) Inputting, selecting, or reading information on a global positioning system or navigation system; or (ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or (iii) Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this subchapter. 49 CFR 390.5
trailer includes: 49 CFR 390.5
full-trailer means any motor vehicle other than a pole trailer which is designed to be drawn by another motor vehicle and so constructed that no part of its weight, except for the towing device, rests upon the self-propelled towing motor vehicle. A semitrailer equipped with an auxiliary front axle (converter dolly) shall be considered a full trailer. 49 CFR 390.5
pole-trailer means any motor vehicle which is designed to be drawn by another motor vehicle and attached to the towing motor vehicle by means of a “reach” or “pole,” or by being “boomed” or otherwise secured to the towing motor vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members, which generally are capable of sustaining themselves as beams between the supporting connections. 49 CFR 390.5
semitrailer means any motor vehicle, other than a pole trailer, which is designed to be drawn by another motor vehicle and is constructed so that some part of its weight rests upon the self-propelled towing motor vehicle. 49 CFR 390.5
transportation-intermediary means a person who arranges the transportation of property or passengers by commercial motor vehicle in interstate commerce, or who arranges the transportation of hazardous materials by commercial motor vehicle in interstate or intrastate commerce, including but not limited to brokers and freight forwarders. 49 CFR 390.5
truck means any self-propelled commercial motor vehicle except a truck tractor, designed and/or used for the transportation of property. 49 CFR 390.5
truck-tractor means a self-propelled commercial motor vehicle designed and/or used primarily for drawing other vehicles. 49 CFR 390.5
use-a-hand-held-mobile-telephone means: (1) Using at least one hand to hold a mobile telephone to conduct a voice communication; (2) Dialing or answering a mobile telephone by pressing more than a single button, or (3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions. 49 CFR 390.5
united-states means the 50 States and the District of Columbia. 49 CFR 390.5
veteran-operator means an operator of a commercial motor vehicle who is a veteran enrolled in the health care system established under 38 U.S.C. 1705(a). 49 CFR 390.5
written-or-in-writing means printed, handwritten, or typewritten either on paper or other tangible medium, or by any method of electronic documentation that meets the requirements of 49 CFR 390.32. 49 CFR 390.5
act-or-shipping-act means the Shipping Act of 1984, as amended. 46 U.S.C. 40101-41309. 46 CFR 515.2
beneficial-interest includes a lien or interest in or right to use, enjoy, profit, benefit, or receive any advantage, either proprietary or financial, from the whole or any part of a shipment of cargo where such interest arises from the financing of the shipment or by operation of law, or by agreement, express or implied. The term “beneficial interest” shall not include any obligation in favor of an ocean transportation intermediary arising solely by reason of the advance of out-of-pocket expenses incurred in dispatching a shipment. 46 CFR 515.2
branch-office means any office in the United States established by or maintained by or under the control of a licensee for the purpose of rendering intermediary services, which office is located at an address different from that of the licensee's designated home office. 46 CFR 515.2
commission means the Federal Maritime Commission. 46 CFR 515.2
common-carrier means any person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that: (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of destination, and (2) Utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, chemical parcel tanker, or by a vessel when primarily engaged in the carriage of perishable agricultural commodities: (i) If the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities, and (ii) Only with respect to those commodities. 46 CFR 515.2
compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in § 515.2(h). 46 CFR 515.2
freight-forwarding-fee means charges billed by an ocean freight forwarder to a shipper, consignee, seller, purchaser, or any agent thereof, for the performance of freight forwarding services. 46 CFR 515.2
freight-forwarding-services refers to the dispatching of shipments on behalf of others, in order to facilitate shipment by a common carrier, which may include, but are not limited to, the following: (1) Ordering cargo to port; (2) Preparing and/or processing export documents, including the required `electronic export information'; (3) Booking, arranging for or confirming cargo space; (4) Preparing or processing delivery orders or dock receipts; (5) Preparing and/or processing common carrier bills of lading or other shipping documents; (6) Preparing or processing consular documents or arranging for their certification; (7) Arranging for warehouse storage; (8) Arranging for cargo insurance; (9) Assisting with clearing shipments in accordance with United States Government export regulations; (10) Preparing and/or sending advance notifications of shipments or other documents to banks, shippers, or consignees, as required; (11) Handling freight or other monies advanced by shippers, or remitting or advancing freight or other monies or credit in connection with the dispatching of shipments; (12) Coordinating the movement of shipments from origin to vessel; and (13) Giving expert advice to exporters concerning letters of credit, other documents, licenses or inspections, or on problems germane to the cargoes' dispatch. 46 CFR 515.2
from-the-united-states means oceanborne export commerce from the United States, its territories, or possessions, to foreign countries. 46 CFR 515.2
licensee is any person licensed by the Federal Maritime Commission as an ocean transportation intermediary. 46 CFR 515.2
non-vessel-operating-common-carrier-services refers to the provision of transportation by water of cargo between the United States and a foreign country for compensation without operating the vessels by which the transportation is provided, and may include, but are not limited to, the following: (1) Purchasing transportation services from a common carrier and offering such services for resale to other persons; (2) Payment of port-to-port or multimodal transportation charges; (3) Entering into affreightment agreements with underlying shippers; (4) Issuing bills of lading or other shipping documents; (5) Assisting with clearing shipments in accordance with U.S. government regulations; (6) Arranging for inland transportation and paying for inland freight charges on through transportation movements; (7) Paying lawful compensation to ocean freight forwarders; (8) Coordinating the movement of shipments between origin or destination and vessel; (9) Leasing containers; (10) Entering into arrangements with origin or destination agents; (11) Collecting freight monies from shippers and paying common carriers as a shipper on NVOCC's own behalf. 46 CFR 515.2

Sources

1,049 further records are on file but not shown, because the publisher's terms do not clearly allow them to be republished.