The Legal Terminology of The Transportation Policy
(U.S Code 49)

(a) In General - To ensure the development, coordination, and
preservation of a transportation system that meets the
transportation needs of the United States, including the United
States Postal Service and national defense, it is the policy of the
United States Government to oversee the modes of transportation and

(1) in overseeing those modes -

(A) to recognize and preserve the inherent advantage of each
mode of transportation;
(B) to promote safe, adequate, economical, and efficient
transportation;
(C) to encourage sound economic conditions in transportation,
including sound economic conditions among carriers;
(D) to encourage the establishment and maintenance of
reasonable rates for transportation, without unreasonable
discrimination or unfair or destructive competitive practices;
(E) to cooperate with each State and the officials of each
State on transportation matters; and
(F) to encourage fair wages and working conditions in the
transportation industry;

(2) in overseeing transportation by motor carrier, to promote
competitive and efficient transportation services in order to -

(A) encourage fair competition, and reasonable rates for
transportation by motor carriers of property;
(B) promote efficiency in the motor carrier transportation
system and to require fair and expeditious decisions when
required;
(C) meet the needs of shippers, receivers, passengers, and
consumers;
(D) allow a variety of quality and price options to meet
changing market demands and the diverse requirements of the
shipping and traveling public;
(E) allow the most productive use of equipment and energy
resources;
(F) enable efficient and well-managed carriers to earn
adequate profits, attract capital, and maintain fair wages and
working conditions;
(G) provide and maintain service to small communities and
small shippers and intrastate bus services;
(H) provide and maintain commuter bus operations;
(I) improve and maintain a sound, safe, and competitive
privately owned motor carrier system;
(J) promote greater participation by minorities in the motor
carrier system;
(K) promote intermodal transportation;

(3) in overseeing transportation by motor carrier of passengers

(A) to cooperate with the States on transportation matters
for the purpose of encouraging the States to exercise
intrastate regulatory jurisdiction in accordance with the
objectives of this part;
(B) to provide Federal procedures which ensure that
intrastate regulation is exercised in accordance with this
part; and
(C) to ensure that Federal reform initiatives enacted by
section 31138 and the Bus Regulatory Reform Act of 1982 are not
nullified by State regulatory actions; and

(4) in overseeing transportation by water carrier, to encourage
and promote service and price competition in the noncontiguous
domestic trade.

(b) Administration To Carry Out Policy - This part shall be
administered and enforced to carry out the policy of this section
and to promote the public interest.

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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.

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