§ 386.2 Definitions.

Abate or abatement

means to discontinue regulatory violations by refraining from or taking actions identified in a notice to correct noncompliance.

Administration

means the Federal Motor Carrier Safety Administration.

Administrative adjudication

means a process or proceeding to resolve contested claims in conformity with the Administrative Procedure Act, 5 U.S.C. 554-558.

Administrative law judge

means an administrative law judge appointed pursuant to the provisions of 5 U.S.C. 3105.

Agency

means the Federal Motor Carrier Safety Administration.

Agency Counsel

means the attorney who prosecutes a civil penalty matter on behalf of the Field Administrator.

Agency Decisionmaker

means the FMCSA official authorized to issue a final decision and order of the Agency in an administrative proceeding under this part. The Agency Decisionmaker is an FMCSA official appointed by the President or otherwise duly authorized.

Broker

means a person who, for compensation, arranges or offers to arrange the transportation of property by an authorized motor carrier. A motor carrier, or person who is an employee or bona fide agent of a carrier, is not a broker within the meaning of this section when it arranges or offers to arrange the transportation of shipments which it is authorized to transport and which it has accepted and legally bound itself to transport.

Civil forfeiture proceedings

means proceedings to collect civil penalties for violations under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Chapter 313); the Hazardous Materials Transportation Act of 1975, as amended (49 U.S.C. Chapter 51); the Motor Carrier Safety Act of 1984 (49 U.S.C. Chapter 311, Subchapter III); section 18 of the Bus Regulatory Reform Act of 1982 (49 U.S.C. 31138); section 30 of the Motor Carrier Act of 1980 (49 U.S.C. 31139); and the ICC Termination Act of 1995 (49 U.S.C. Chapters 131-149).

Civil penalty proceedings

means proceedings to collect civil penalties for violations of regulations and statutes within the jurisdiction of FMCSA

Act of 1984 (49 U.S.C. Chapter 311, Subchapter III); section 18 of the Bus Regulatory Reform Act of 1982 (49 U.S.C. 31138); section 30 of the Motor Carrier Act of 1980 (49 U.S.C. 31139); and the ICC Termination Act of 1995 (49 U.S.C. Chapters 131-149).

Civil penalty proceedings

means proceedings to collect civil penalties for violations of regulations and statutes within the jurisdiction of FMCSA.

Claimant

means the representative of the Federal Motor Carrier Safety Administration authorized to make claims.

Commercial regulations

means statutes and regulations that apply to persons providing or arranging transportation for compensation subject to the Secretary's jurisdiction under 49 U.S.C. Chapter 135. The statutes are codified in Part B of Subtitle IV, Title 49, U.S.C. (49 U.S.C. 13101 through 14913). The regulations include those issued by the Federal Motor Carrier Safety Administration or its predecessors under authority provided in 49 U.S.C. 13301 or a predecessor statute.

Default

means an omission or failure to perform a legal duty within the time specified for action, failure to reply to a Notice of Claim within the time required, or failure to submit a reply in accordance with the requirements of this part. A default may result in issuance of a Final Agency Order or additional penalties against the defaulting party.

Department

means the U.S. Department of Transportation.

Docket Operations

means the U.S. Department of Transportation's docket management system, which is the central repository for original copies of all documents filed before the Agency Decisionmaker.

Driver qualification proceeding

means a proceeding commenced under 49 CFR 391.47 or by issuance of a letter of disqualification.

Federal Motor Carrier Commercial Regulations

(FMCCRs) means statutes and regulations applying to persons providing or arranging transportation for compensation subject to the Secretary's jurisdiction under 49 U.S.C. Chapter 135. The statutes are codified in Part B of Subtitle IV, Title 49 U.S.C. (49 U.S.C

ns a proceeding commenced under 49 CFR 391.47 or by issuance of a letter of disqualification.

Federal Motor Carrier Commercial Regulations

(FMCCRs) means statutes and regulations applying to persons providing or arranging transportation for compensation subject to the Secretary's jurisdiction under 49 U.S.C. Chapter 135. The statutes are codified in Part B of Subtitle IV, Title 49 U.S.C. (49 U.S.C. 13101 through 14913). The regulations include those issued by FMCSA or its predecessors under authority provided in 49 U.S.C. 13301 or a predecessor statute.

Field Administrator

means the head of an FMCSA Service Center who has been delegated authority to initiate compliance and enforcement actions on behalf of FMCSA or an authorized delegee.

Final Agency Order

means the final action by FMCSA issued pursuant to this part by the Agency Decisionmaker or settlement agreements which become the Final Agency Order pursuant to § 386.22, or decisions of the Administrative Law Judge, which become the Final Agency Order pursuant to § 386.61 or binding arbitration awards. A person who fails to perform the actions directed in the Final Agency Order commits a violation of that order and is subject to an additional penalty as prescribed in subpart G of this part.

FMCSRs

means the Federal Motor Carrier Safety Regulations.

Formal hearing

means an evidentiary hearing on the record in which parties have the opportunity to conduct discovery, present relevant evidence, and cross-examine witnesses.

Freight forwarder

means a person holding itself out to the general public (other than as an express, pipeline, rail, sleeping car, motor, or water carrier) to provide transportation of property for compensation in interstate commerce, and in the ordinary course of its business:

(1) Performs or provides for assembling, consolidating, break-bulk, and distribution of shipments;

(2) Assumes responsibility for transportation from place of receipt to destination; and

l public (other than as an express, pipeline, rail, sleeping car, motor, or water carrier) to provide transportation of property for compensation in interstate commerce, and in the ordinary course of its business:

(1) Performs or provides for assembling, consolidating, break-bulk, and distribution of shipments;

(2) Assumes responsibility for transportation from place of receipt to destination; and

(3) Uses for any part of the transportation a carrier subject to FMCSA jurisdiction.

Hearing officer

means a neutral Agency employee designated by the Assistant Administrator to preside over an informal hearing.

HMRs

means Hazardous Materials Regulations.

Informal hearing

means a hearing in which the parties have the opportunity to present relevant evidence to a neutral Hearing Officer, who will prepare findings of fact and recommendations for the Agency Decisionmaker. The informal hearing will not be on the transcribed record and discovery will not be allowed. Parties will have the opportunity to discuss their case and present testimony and evidence before the Hearing Officer without the formality of a formal hearing.

Mail

means U.S. first class mail, U.S. registered or certified mail, or use of a commercial delivery service.

Motor carrier

means a motor carrier, motor private carrier, or motor carrier of migrant workers as defined in 49 U.S.C. 13102 and 31501.

Notice of Claim

(NOC) means the initial document issued by FMCSA to assert a civil penalty for alleged violations of the FMCSRs, HMRs, or FMCCRs.

Notice of Violation

(NOV) means a document alleging a violation of the FMCSRs, HMRs, or FMCCRs, for which corrective action, other than payment of a civil penalty, is recommended.

Person

means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.

Reply

means a written response to a Notice of Claim, admitting or denying the allegations contained within the Notice of Claim

ocument alleging a violation of the FMCSRs, HMRs, or FMCCRs, for which corrective action, other than payment of a civil penalty, is recommended.

Person

means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.

Reply

means a written response to a Notice of Claim, admitting or denying the allegations contained within the Notice of Claim. In addition, the reply provides the mechanism for determining whether the respondent seeks to pay, settle, contest, or seek binding arbitration of the claim.

See

§ 386.14. If contesting the allegations, the reply must also set forth all known affirmative defenses and factors in mitigation of the claim.

Petitioner

means a party petitioning to overturn a determination in a driver qualification proceeding.

Respondent

means a party against whom relief is sought or claim is made.

Secretary

means the Secretary of Transportation.

Submission of written evidence without hearing

means the submission of written evidence and legal argument to the Agency Decisionmaker, or his/her representative, in lieu of a formal or informal hearing.

[50 FR 40306, Oct. 2, 1985, as amended at 53 FR 2036, Jan. 26, 1988; 56 FR 10182, Mar. 11, 1991; 65 FR 7755, Feb. 16, 2000; 65 FR 78427, Dec. 15, 2000; 67 FR 61821, Oct. 2, 2002; 70 FR 28748, May 18, 2005; 72 FR 55701, Oct. 1, 2007; 78 FR 58481, Sept. 24, 2013; 86 FR 57071, Oct. 14, 2021; 88 FR 80182, Nov. 17, 2023]