DOT 49 CFR PART 371-2010 BROKERS OF PROPERTY.pdf

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1、65 Federal Motor Carrier Safety Administration, DOT Pt. 371 the consignee of the shipment involved a certified statement in writing that the property for which the claim is filed has not been received from any other source. 370.9 Disposition of claims. (a) Each carrier subject to 49 U.S.C. subtitle

2、IV, part B which receives a written or electronically transmitted claim for loss or damage to baggage or for loss, damage, injury, or delay to property transported shall pay, decline, or make a firm compromise settlement offer in writing or electronically to the claimant within 120 days after receip

3、t of the claim by the carrier; Provided, however, That, if the claim cannot be processed and disposed of within 120 days after the receipt thereof, the car-rier shall at that time and at the expi-ration of each succeeding 60-day period while the claim remains pending, ad-vise the claimant in writing

4、 or elec-tronically of the status of the claim and the reason for the delay in making final disposition thereof and it shall re-tain a copy of such advice to the claim-ant in its claim file thereon. (b) When settling a claim for loss or damage, a common carrier by motor vehicle of household goods as

5、 defined in 375.1(b)(1) of this chapter shall use the replacement costs of the lost or damaged item as a base to apply a de-preciation factor to arrive at the cur-rent actual value of the lost or dam-aged item: Provided, That where an item cannot be replaced or no suitable replacement is obtainable,

6、 the proper measure of damages shall be the origi-nal costs, augmented by a factor de-rived from a consumer price index, and adjusted downward by a factor depre-ciation over average useful life. 370.11 Processing of salvage. (a) Whenever baggage or material, goods, or other property transported by a

7、 carrier subject to the provisions in this part is damaged or alleged to be damaged and is, as a consequence thereof, not delivered or is rejected or refused upon tender thereof to the owner, consignee, or person entitled to receive such property, the carrier, after giving due notice, whenever prac-

8、ticable to do so, to the owner and other parties that may have an interest therein, and unless advised to the con-trary after giving such notice, shall un-dertake to sell or dispose of such prop-erty directly or by the employment of a competent salvage agent. The carrier shall only dispose of the pr

9、operty in a manner that will fairly and equally protect the best interests of all persons having an interest therein. The carrier shall make an itemized record suffi-cient to identify the property involved so as to be able to correlate it to the shipment or transportation involved, and claim, if any

10、, filed thereon. The carrier also shall assign to each lot of such property a successive lot number and note that lot number on its record of shipment and claim, if any claim is filed thereon. (b) Whenever disposition of salvage material or goods shall be made di-rectly to an agent or employee of a

11、car-rier or through a salvage agent or com-pany in which the carrier or one or more of its directors, officers, or man-agers has any interest, financial or otherwise, that carriers salvage records shall fully reflect the particu-lars of each such transaction or rela-tionship, or both, as the case ma

12、y be. (c) Upon receipt of a claim on a ship-ment on which salvage has been proc-essed in the manner prescribed in this section, the carrier shall record in its claim file thereon the lot number as-signed, the amount of money recov-ered, if any, from the disposition of such property, and the date of

13、trans-mittal of such money to the person or persons lawfully entitled to receive the same. PART 371BROKERS OF PROPERTY Sec. 371.1 Applicability. 371.2 Definitions. 371.3 Records to be kept by brokers. 371.7 Misrepresentation. 371.9 Rebating and compensation. 371.10 Duties and obligations of brokers.

14、 371.13 Accounting. AUTHORITY: 49 U.S.C. 13301, 13501, and 14122; and 49 CFR 1.73. SOURCE: 45 FR 68942, Oct. 17, 1980, unless otherwise noted. Redesignated at 61 FR 54707, Oct. 21, 1996. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00075 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjone

15、s on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-66 49 CFR Ch. III (10110 Edition) 371.1 371.1 Applicability. This part applies, to the extent pro-vided therein, to all brokers of trans-portation by motor vehicle as defined

16、 in 371.2. 32 FR 20034, Dec. 20, 1967, as amended at 62 FR 15421, Apr. 1, 1997 371.2 Definitions. (a) Broker means a person who, for compensation, arranges, or offers to ar-range, the transportation of property by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide

17、 agents of carriers, are not brokers within the meaning of this sec-tion when they arrange or offer to ar-range the transportation of shipments which they are authorized to transport and which they have accepted and le-gally bound themselves to transport. (b) Bona fide agents are persons who are par

18、t of the normal organization of a motor carrier and perform duties under the carriers directions pursuant to a preexisting agreement which pro-vides for a continuing relationship, precluding the exercise of discretion on the part of the agent in allocating traf-fic between the carrier and others. (c

19、) Brokerage or brokerage service is the arranging of transportation or the physical movement of a motor vehicle or of property. It can be performed on behalf of a motor carrier, consignor, or consignee. (d) Non-brokerage service is all other service performed by a broker on behalf of a motor carrier

20、, consignor, or con-signee. 371.3 Records to be kept by brokers. (a) A broker shall keep a record of each transaction. For purposes of this section, brokers may keep master lists of consignors and the address and reg-istration number of the carrier, rather than repeating this information for each tr

21、ansaction. The record shall show: (1) The name and address of the con-signor; (2) The name, address, and registra-tion number of the originating motor carrier; (3) The bill of lading or freight bill number; (4) The amount of compensation re-ceived by the broker for the brokerage service performed an

22、d the name of the payer; (5) A description of any non-broker-age service performed in connection with each shipment or other activity, the amount of compensation received for the service, and the name of the payer; and (6) The amount of any freight charges collected by the broker and the date of pay

23、ment to the carrier. (b) Brokers shall keep the records re-quired by this section for a period of three years. (c) Each party to a brokered trans-action has the right to review the record of the transaction required to be kept by these rules. 45 FR 68942, Oct. 17, 1980. Redesignated at 61 FR 54707,

24、Oct. 21, 1996, as amended at 62 FR 15421, Apr. 1, 1997 371.7 Misrepresentation. (a) A broker shall not perform or offer to perform any brokerage service (including advertising), in any name other than that in which its registra-tion is issued. (b) A broker shall not, directly or in-directly, represe

25、nt its operations to be that of a carrier. Any advertising shall show the broker status of the oper-ation. 45 FR 68942, Oct. 17, 1980. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15421, Apr. 1, 1997 371.9 Rebating and compensation. (a) A broker shall not charge or re-ceive compen

26、sation from a motor car-rier for brokerage service where: (1) The broker owns or has a material beneficial interest in the shipment or (2) The broker is able to exercise con-trol over the shipment because the broker owns the shipper, the shipper owns the broker, or there is common ownership of the t

27、wo. (b) A broker shall not give or offer to give anything of value to any shipper, consignor or consignee (or their offi-cers or employees) except inexpensive advertising items given for pro-motional purposes. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00076 Fmt 8010 Sfmt 8010 Y:SGML

28、220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-67 Federal Motor Carrier Safety Administration, DOT 372.101 371.10 Duties and obligations of bro-kers. Where the broker acts on behalf of a person boun

29、d by law or the FMCSA regulation as to the transmittal of bills or payments, the broker must also abide by the law or regulations which apply to that person. 45 FR 68943, Oct. 17, 1980, as amended at 62 FR 15421, Apr. 1, 1997 371.13 Accounting. Each broker who engages in any other business shall mai

30、ntain accounts so that the revenues and expenses re-lating to the brokerage portion of its business are segregated from its other activities. Expenses that are common shall be allocated on an equitable basis; however, the broker must be pre-pared to explain the basis for the allo-cation. 45 FR 68943

31、, Oct. 17, 1980 PART 372EXEMPTIONS, COM-MERCIAL ZONES, AND TERMINAL AREAS Subpart AExemptions Sec. 372.101 Casual, occasional, or reciprocal transportation of passengers for com-pensation when such transportation is sold or arranged by anyone for com-pensation. 372.103 Motor vehicles employed solely

32、 in transporting school children and teach-ers to or from school. 372.107 Definitions. 372.109 Computation of tonnage allowable in nonfarm-non-member transportation. 372.111 Nonmember transportation limita-tion and record keeping. 372.113 Reserved 372.115 Commodities that are not exempt under 49 U.S

33、.C. 13506(a)(6). 372.117 Motor transportation of passengers incidental to transportation by aircraft. Subpart BCommercial Zones 372.201 Albany, NY. 372.203 Beaumont, TX. 372.205 Charleston, SC. 372.207 Charleston, WV. 372.209 Lake Charles, LA. 372.211 Pittsburgh, PA. 372.213 Pueblo, CO. 372.215 Rave

34、nswood, WV. 372.217 Seattle, WA. 372.219 Washington, DC. 372.221 Twin Cities. 372.223 Consolidated governments. 372.225 Lexington-Fayette Urban County, KY. 372.227 Syracuse, NY. 372.229 Spokane, WA. 372.231 Tacoma, WA. 372.233 Chicago, IL. 372.235 New York, NY. 372.237 Cameron, Hidalgo, Starr, and W

35、illacy Counties, TX. 372.239 Definitions. 372.241 Commercial zones determined gen-erally, with exceptions. 372.243 Controlling distances and population data. Subpart CTerminal Areas 372.300 Distances and population data. 372.301 Terminal areas of motor carriers and freight forwarders at municipaliti

36、es served. 372.303 Terminal areas of motor carriers and freight forwarders at unincorporated communities served. AUTHORITY: 49 U.S.C. 13504 and 13506; and 49 CFR 1.73. EDITORIAL NOTE: Nomenclature changes to part 372 appear at 66 FR 49870, Oct. 1, 2001. Subpart AExemptions SOURCE: 32 FR 20036, Dec.

37、20, 1967, unless otherwise noted. Redesignated at 61 FR 54708, Oct. 21, 1996. 372.101 Casual, occasional, or recip-rocal transportation of passengers for compensation when such trans-portation is sold or arranged by anyone for compensation. The partial exemption from regula-tion under the provisions

38、 of 49 U.S.C. subtitle IV, part B of the casual, occa-sional, and reciprocal transportation of passengers by motor vehicle in inter-state or foreign commerce for com-pensation as provided in 49 U.S.C. 13506(b) be, and it is hereby, removed to the extent necessary to make applica-ble all provisions o

39、f 49 U.S.C. subtitle IV, part B to such transportation when sold or offered for sale, or provided or procured or furnished or arranged for, by any person who sells, offers for sale, VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00077 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-