49 C.F.R. § 371.2

Definitions

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Unless specifically defined elsewhere, in this part:

Broker means a person who, for compensation, arranges, or offers to arrange, the transportation of property by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this section when they arrange or offer to arrange the transportation of shipments which they are authorized to transport and which they have accepted and legally bound themselves to transport.

Bona fide agents are persons who are part of the normal organization of a motor carrier and perform duties under the carrier's directions pursuant to a preexisting agreement which provides for a continuing relationship, precluding the exercise of discretion on the part of the agent in allocating traffic between the carrier and others.

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.

Non-brokerage service is all other service performed by a broker on behalf of a motor carrier, consignor, or consignee.

[45 FR 68942, Oct. 17, 1980. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 89 FR 90618, Nov. 18, 2024]

Notes of Decisions

Cited in 56 cases (35 in the last 5 years), 2004–2025 · leading case: Aspen Am. Ins. Co. v. Landstar Ranger, Inc., 65 F.4th 1261 (11th Cir. 2023).

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Aspen Am. Ins. Co. v. Landstar Ranger, Inc., 65 F.4th 1261 (11th Cir. 2023). · cites it 3× “§ 13102 (2); accord 49 C.F.R. § 371.2 (a). And Landstar does not suggest that Aspen’s negligence claims relate to the “price” or “route” of a broker, arguing only that those claims relate to a broker’s “service.”

Essex Ins. Co. v. Barrett Moving & Storage, Inc., 885 F.3d 1292 (11th Cir. 2018). · cites it 2× “*1301 49 C.F.R. § 371.2 (a) (emphasis added). District courts in this Circuit and elsewhere have applied this definition to distinguish brokers from carriers and have observed that the key distinction is whether the disputed party accepted legal responsibility to transport the…”

Certain Interested Underwriters at Lloyd's, London, England v. Total Quality Logistics, L.L.C., 2023 Ohio 4470 (Ohio Ct. App. 2023). · cites it 11× “{¶ 11} Plaintiffs argue that the trial court erred in granting summary judgment because the court (1) ignored material facts in dispute; (2) improperly relied upon the dictionary definition of "broker," as opposed to the definition of "broker" found in a federal regulation, 49…”

Allen Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Cir. 2020). “, 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”); see also 49 C.F.R. § 371.2 (defining “brokerage…”

Sparks v. M&D Trucking, L.L.C., 301 Neb. 977 (Neb. 2018). “30 The FMCSR, at 49 C.F.R. § 371.2 (a) (2017), distinguishes motor carriers from brokers by stating: Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning **1000 of this section when they arrange or offer to arrange the…”

Oak Harbor Freight Lines, Inc. v. Sears Roebuck & Co., 513 F.3d 949 (9th Cir. 2008). “See 49 C.F.R. § 371.2 (c) (“ ‘Brokerage’ or ‘brokerage service’ is the arranging of transportation or the physical movement of a motor vehicle or of property.”

Schramm v. Foster, 341 F. Supp. 2d 536 (D. Maryland 2004). “49 C.F.R. § 371.2 (a) further distinguishes motor carriers from brokers: “Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this section when they arrange or offer to arrange the transportation of shipments which…”

Asarco LLC v. England Logistics Inc., 71 F. Supp. 3d 990 (D. Ariz. 2014). · cites it 2× “49 C.F.R. § 371.2 . The Plumley Defendants’ Argument.”

Crocker v. Morales-Santana, 2014 ND 182 (N.D. 2014). “49 C.F.R. § 371.2 (a) further distinguishes motor carriers from brokers: “Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this section when they arrange or offer to arrange the transportation of shipments which…”

Pittsburgh Logistics Sys., Inc. v. C.R. England, Inc., 669 F. Supp. 2d 613 (W.D. Pa. 2009). “2008), 49 C.F.R. § 371.2 , and 49 U.S.C. § 13102 (2).”

Oak Harbor Freight Lines, Inc. v. Sears Roebuck & Co., 420 F. Supp. 2d 1138 (W.D. Wash. 2006). · cites it 3× “§ 13102 (2); see also 49 C.F.R. § 371.2 (a) (“Broker means a person who, for compensation, arranges, or offers to arrange, the transportation of property by an authorized motor carrier.”

AIG Eur. (Netherlands), N v. v. UPS Supply Chain Solutions, Inc., 765 F. Supp. 2d 472 (S.D.N.Y. 2011). · cites it 2× “See 49 C.F.R. § 371.2 (a). Courts routinely deny summary judgment where there are issues of fact as to whether an entity is a carrier.”

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— 49 C.F.R. § 371.2(a) — 3 cases

Certain Interested Underwriters at Lloyd's, London, England v. Total Quality Logistics, L.L.C., 2023 Ohio 4470 (Ohio Ct. App. 2023). “{¶ 11} Plaintiffs argue that the trial court erred in granting summary judgment because the court (1) ignored material facts in dispute; (2) improperly relied upon the dictionary definition of "broker," as opposed to the definition of "broker" found in a federal regulation, 49…”

Christenberry Trucking & Farm, Inc. v. F & M Mktg. Servs., Inc., 329 S.W.3d 452 (Tenn. Ct. App. 2010).

Bertram v. Progressive Se. Ins. Co (W.D. La. 2021).

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