Page:United States Statutes at Large Volume 109 Part 1.djvu/870

 109 STAT. 854 PUBLIC LAW 104-88 —DEC. 29, 1995 "(K) promote intermodal transportation; "(3) in overseeing transportation by motor carrier of passengers— "(A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this part; "(B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this part; and "(C) to ensure that Federal reform initiatives enacted by section 31138 and the Bus Regulatory Reform Act of 1982 are not nullified by State regulatory actions; and "(4) in overseeing transportation by water carrier, to encourage and promote service and price competition in the noncontiguous domestic trade. "(b) ADMINISTRATION TO CARRY OUT POLICY.—This part shall be administered and enforced to carry out the policy of this section and to promote the public interest. '' § 13102. Definitions "In this part, the following definitions shall apply: "(1) BOARD.— The term 'Board' means the Surface Transportation Board. "(2) BROKER. —The term 'broker' means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation. "(3) CARRIER.— The term 'carrier' means a motor carrier, a water carrier, and a freight forwarder. "(4) CONTRACT CARRIAGE.— The term 'contract carriage' means— "(A) for transportation provided before the effective date of this section, service provided pursuant to a permit issued under section 10923, as in effect on the day before the effective date of this section; and "(B) for transportation provided on or after such date, service provided under an agreement entered into under section 14101(b). "(5) CONTROL.— The term 'control', when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by— "(A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or "(B) any other means. "(6) FOREIGN MOTOR CARRIER.— The term 'foreign motor carrier* means a person (including a motor carrier of property but excluding a motor private carrier)— "(A)(i) that is domiciled in a contiguous foreign country; or "(ii) that is owned or controlled by persons of a contiguous foreign country; and "(B) in the case of a person that is not a motor carrier of property, that provides interstate transportation of property by motor vehicle under an agreement or contract

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