{"data":{"id":"us/49-cfr-365.403t","jurisdiction":"us","citation":"49 CFR 365.403T","heading":"T Definitions.","body":"For the purposes of this part, the following definitions apply:\n(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, as well as the sale of property brokers' licenses under 49 U.S.C. 10321.\n(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.\n(b) Operating rights. Operating rights include:\n(1) Certificates and permits issued to motor carriers;\n(2) Permits issued to freight forwarders;\n(3) Licenses issued to property brokers; and\n(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.\n(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.\n(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.\n(e) Record holder. The person shown on the records of the FMCSA as the legal owner of the operating rights.\n(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.\n(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.\n(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.","path":["Title 49—Transportation","Subtitle B—Other Regulations Relating to Transportation","CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION","SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS","PART 365—RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY","Subpart D—Transfers of Operating Authority"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"a0d0a630e884b15afbf8499a99bdeff6dff6d26800459ff9ba835a946cf64a74","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-365.403","next":"us/49-cfr-365.405"},"notice":"GroundRules: Original legal text. Not legal advice."}