Ala. Admin. Code r. 770-X-10-.18-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 770-X-10-.18-.02 - Definitions

(1) As used in these sections, the following terms shall have the meanings indicated:

(a) "Broker" means any person as defined in Section 37-2-2(9), Code of Ala. 1975, who, as principal or agent, for compensation, sells or offers for sale transportation subject to the Alabama Motor Carrier Act, other than transportation of property by common carriers of passengers, or makes any contract, agreement, or arrangement to provide, procure, furnish or arrange for such transportation or shall hold himself out by advertisement, solicitation, or otherwise as one who sells, provides, procures, contracts, or arranges for such transportation; PROVIDED, however, that the term "Broker" shall not include any person who holds himself out as a carrier by motor vehicle or any bona fide employee or agent of such person, insofar as concerns shipments which such person is authorized to transport in whole or in part and which such person has accepted pursuant to a holding out to transport and has legally bound himself by contract to transport in whole or in part.

(b) "Motor Carrier" means a common or contract carrier by motor vehicle of property as defined in Section 37-3-2(6) and (7), respectively, of the Code of Alabama 1975.

(c) "Transportation" means transportation of property by motor vehicle performed for compensation by a motor carrier which is required by Sections 37-3-10 or 37-3-13 of the Code of Ala. 1975, to hold a certificate or permit authorizing such transportation.

(d) "Brokerage" or "Brokerage Service" means the selling or offering for sale of transportation; or the making of any contract, agreement, or arrangement to provide, procure, furnish, or arrange for transportation, or the holding out by advertisement, solicitation, or otherwise, to sell, provide, procure, contract, or arrange for transportation, for compensation, by a broker as defined in paragraph (a) of this section.

(5) "Non-Brokerage Service" means any service which is not a "brokerage service," as defined in this section and which is furnished by a broker to, for, or on behalf of, a motor carrier or consignor or a consignee of shipments moving by motor vehicle.

(6) "A Bona Fide Agent", as distinguished from a broker, is a person who is part of the normal organization of a motor carrier and performs his duties under the direction of the carrier pursuant to a preexisting agreement with the carrier providing for continuing relationship between them and precluding the exercise of discretion on the part of the agent in allocating traffic as between the principal and others.

Ala. Admin. Code r. 770-X-10-.18-.02

Effective January 1978. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-3-5, 37-3-7, 37-3-15.