49 U.S.C. § 13304

Service of process in court proceedings

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(a)Designation of Agent.—A motor carrier or broker providing transportation subject to jurisdiction under chapter 135, including a motor carrier or broker operating within the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier or broker. The designation shall be in writing and filed with the Department of Transportation and each State in which the carrier operates may require that an additional designation be filed with it. If a designation under this subsection is not made, service may be made on any agent of the carrier or broker within that State.(b)Change.—A designation under this section may be changed at any time in the same manner as originally made.(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 858.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in section 10330 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions
Cited in 17 cases (6 in the last 5 years), 1999–2025 · leading case: McKamey v. Vander Houten, 744 A.2d 529 (Del. Super. Ct. 1999).
McKamey v. Vander Houten, 744 A.2d 529 (Del. Super. Ct. 1999). · cites it 2× “49 U.S.C. § 13304 (a) formerly 49 U.S.C.A.”
Tyler v. Gaines Motor Lines, Inc., 245 F. Supp. 2d 730 (D. Maryland 2003). “See 49 U.S.C. § 13304 (a); Ocepek v. Corporate Transport, Inc.”
Chick v. C & F Enter., LLC, 938 A.2d 112 (N.H. 2007). · cites it 5× “See 49 U.S.C.A. § 13304 (a) (West 2007); Rounds v.”
Taylor v. Arellano, 928 So. 2d 55 (La. Ct. App. 2005). · cites it 2× “The federal statute upon which he relies is 49 U.S.C.A. § 13304 , which states, in pertinent part: (a) Designation of agent — A motor carrier or broker providing transportation subject to jurisdiction under chapter 135, .”
Stehle v. Venture Logistics LLC (S.D. Ind. 2020). · cites it 11× “In the Response, Plaintiffs argue that Venture consented to personal jurisdiction in this Court because it registered an agent for service in Ohio in accordance with 49 U.S.C. § 13304 (a), a provision of the federal Motor Carrier Act.”
Shook v. Gleue Harvesting, LLC (N.D. Okla. 2023). · cites it 2× “Regarding whether the Gleue Companies consented to personal jurisdiction, the Shooks contend that by designating an agent for service of process in Oklahoma pursuant to the Motor Carrier Act, 49 U.S.C. § 13304 (a), the Gleue Companies consented to be sued in Oklahoma.”
Traffic Tech, Inc. v. Velox Grp., Inc. (E.D. Cal. 2020). “” In turn, 49 USC §13304 (a)requires designation of an agent for service to be 23 filed with the Department of Transportation.”
E. Poultry Distributors, Inc. v. Laiba Logistics LLC (M.D. Fla. 2022). “See 49 U.S.C. § 13304 (a). The Court is concerned that Defendant may not operate in Florida.”
Hub Grp., Inc. v. Go Hub Grp. Holdings, Corp. (N.D. Ill. 2021). “See 49 U.S.C. § 13304 (a). Hub Group contends that Go Hub has consented to jurisdiction in Illinois by designating an agent for service of process under the FMCA in the state.”
List v. Carwell (D. Minnesota 2018). “) See 49 U.S.C. § 13304 (a) (“A motor carrier or broker providing transportation subject to jurisdiction under chapter 135, including a motor carrier or broker operating within the United States while providing transportation between places in a foreign country or between a…”
Hartford Fire Ins. Co. v. Maersk Line (S.D.N.Y. 2019). “Hartford also points out that Sapsan has designated an agent in the State of New York to accept service of process on its behalf pursuant to regulation under the Federal Motor Carrier Act, 49 U.S.C. § 13304 (a), 49 C.F.R. § 366.4 (“FMCA”).”
Carson v. W. Express, Inc. (S.D.N.Y. 2019). “49 U.S.C. § 13304 (a). Doc. 18, Ex. 9 (“MOL”) at 6–7; Doc.”
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