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49 U.S.C. § 13303Service of notice in proceedings

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 203 words · no verdicts yet

in plain englishAI-generated · not legal advice

Carriers, brokers, and freight forwarders must name an agent to receive official notices. Motor carriers must also file that name with each state where they operate. If a company has no listed agent, the Secretary can post the notice at DOT headquarters instead.

(a) Agents for Service of Process: Any carrier, broker, or freight forwarder providing transportation or service covered by chapter 135 must name, in writing, an agent — by name and mailing address — who can receive service of notices about a proceeding before the Secretary, and of the Secretary's actions. (b) Filing With State: A motor carrier operating under this part must also file that same agent designation with the proper authority in every state where it operates. This designation can be changed at any time, the same way it was first made. (c) Notice: A notice to a motor carrier, freight forwarder, or broker can be served in person or by mail, either on the company itself or on its designated agent. If served by mail on the agent, it goes to the address on file for that agent. When notice is mailed, the mailing date counts as the date of service. If a motor carrier, freight forwarder, or broker hasn't designated an agent, the notice can be served by posting a copy at the headquarters of the Department of Transportation.
the actual law source: uscode.house.gov ↗public domain
(a)Agents for Service of Process.—

A carrier, a broker, or a freight forwarder providing transportation or service subject to jurisdiction under chapter 135 shall designate, in writing, an agent by name and post office address on whom service of notices in a proceeding before, and of actions of, the Secretary may be made.

(b)Filing With State.—

A motor carrier providing transportation under this part shall also file the designation with the appropriate authority of each State in which it operates. The designation may be changed at any time in the same manner as originally made.

(c)Notice.—

A notice to a motor carrier, freight forwarder, or broker shall be served personally or by mail on the motor carrier, freight forwarder, or broker or on its designated agent. Service by mail on the designated agent shall be made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If a motor carrier, freight forwarder, or broker does not have a designated agent, service may be made by posting a copy of the notice at the headquarters of the Department of Transportation.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 858.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-88 · 109 Stat. 858

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.

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