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Electronic Code of Federal Regulations

e-CFR Data is current as of April 23, 2014

Title 49: Transportation


PART 366—DESIGNATION OF PROCESS AGENT


Contents
§366.1   Applicability.
§366.2   Form of designation.
§366.3   Eligible persons.
§366.4   Required States.
§366.5   Blanket designations.
§366.6   Cancellation or change.

Authority: 49 U.S.C. 13303, 13304, and 14704; and 49 CFR 1.87.

Link to an amendment published at 78 FR 52648, Aug. 23, 2013.

Source: 55 FR 11197, Mar. 27, 1990, unless otherwise noted. Redesignated at 61 FR 54707, Oct. 21, 1996.

Editorial Note: Nomenclature changes to part 366 appear at 66 FR 49870, Oct. 1, 2001.

§366.1   Applicability.

Link to an amendment published at 78 FR 52648, Aug. 23, 2013.

These rules, relating to the filing of designations of persons upon whom court process may be served, govern motor carriers and brokers and, as of the moment of succession, their fiduciaries (as defined at 49 CFR 387.319(a)).

[55 FR 11197, Mar. 27, 1990. Redesignated at 61 FR 54707, Oct. 21, 1996; 62 FR 49940, Sept. 24, 1997]

§366.2   Form of designation.

Link to an amendment published at 78 FR 52648, Aug. 23, 2013.

Designations shall be made on Form BOC-3, Designation of Agent for Service of Process. Only one completed current form may be on file. It must include all States for which agent designations are required. One copy must be retained by the carrier or broker at its principal place of business.

§366.3   Eligible persons.

Link to an amendment published at 78 FR 52648, Aug. 23, 2013.

All persons (as defined at 49 U.S.C. 13102(16)) designated must reside or maintain an office in the State for which they are designated. If a State official is designated, evidence of his willingness to accept service of process must be furnished.

[55 FR 11197, Mar. 27, 1990. Redesignated at 61 FR 54707, Oct. 21, 1996; 62 FR 49940, Sept. 24, 1997]

§366.4   Required States.

Link to an amendment published at 78 FR 52648, Aug. 23, 2013.

(a) Motor carriers. Every motor carrier (of property or passengers) shall make a designation for each State in which it is authorized to operate and for each State traversed during such operations. Every motor carrier (including private carriers) operating in the United States in the course of transportation between points in a foreign country shall file a designation for each State traversed.

(b) Brokers. Every broker shall make a designation for each State in which its offices are located or in which contracts will be written.

[55 FR 11197, Mar. 27, 1990, as amended at 55 FR 47338, Nov. 13, 1990]

§366.5   Blanket designations.

Link to an amendment published at 78 FR 52648, Aug. 23, 2013.

Where an association or corporation has filed with the FMCSA a list of process agents for each State, motor carriers may make the required designations by using the following statement:

Those persons named in the list of process agents on file with the Federal Motor Carrier Safety Administration by _______________

 

(Name of association or corporation) and any subsequently filed revisions thereof, for the States in which this carrier is or may be authorized to operate, including States traversed during such operations, except those States for which individual designations are named.

§366.6   Cancellation or change.

Link to an amendment published at 78 FR 52648, Aug. 23, 2013.

A designation may be canceled or changed only by a new designation except that, where a carrier or broker ceases to be subject to §366.4 in whole or in part for 1 year, designation is no longer required and may be canceled without making another designation.

[55 FR 11197, Mar. 27, 1990. Redesignated at 61 FR 54707, Oct. 21, 1996; 62 FR 49940, Sept. 24, 1997]



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