Current through Register Vol. 42, No. 5, February 29, 2024
(1) As used in
these sections, the following terms shall have the meanings indicated:
(a) "Broker" means any person as defined in
Section
37-2-2(9),
Code of Ala. 1975, who, as principal or agent, for
compensation, sells or offers for sale transportation subject to the Alabama
Motor Carrier Act, other than transportation of property by common carriers of
passengers, or makes any contract, agreement, or arrangement to provide,
procure, furnish or arrange for such transportation or shall hold himself out
by advertisement, solicitation, or otherwise as one who sells, provides,
procures, contracts, or arranges for such transportation; PROVIDED, however,
that the term "Broker" shall not include any person who holds himself out as a
carrier by motor vehicle or any bona fide employee or agent of such person,
insofar as concerns shipments which such person is authorized to transport in
whole or in part and which such person has accepted pursuant to a holding out
to transport and has legally bound himself by contract to transport in whole or
in part.
(b) "Motor Carrier" means
a common or contract carrier by motor vehicle of property as defined in Section
37-3-2(6) and
(7), respectively, of the Code of
Alabama 1975.
(c)
"Transportation" means transportation of property by motor vehicle performed
for compensation by a motor carrier which is required by Sections
37-3-10
or
37-3-13
of the Code of Ala. 1975, to hold a certificate or
permit authorizing such transportation.
(d) "Brokerage" or "Brokerage Service" means
the selling or offering for sale of transportation; or the making of any
contract, agreement, or arrangement to provide, procure, furnish, or arrange
for transportation, or the holding out by advertisement, solicitation, or
otherwise, to sell, provide, procure, contract, or arrange for transportation,
for compensation, by a broker as defined in paragraph (a) of this
section.
(5)
"Non-Brokerage Service" means any service which is not a "brokerage service,"
as defined in this section and which is furnished by a broker to, for, or on
behalf of, a motor carrier or consignor or a consignee of shipments moving by
motor vehicle.
(6) "A Bona Fide
Agent", as distinguished from a broker, is a person who is part of the normal
organization of a motor carrier and performs his duties under the direction of
the carrier pursuant to a preexisting agreement with the carrier providing for
continuing relationship between them and precluding the exercise of discretion
on the part of the agent in allocating traffic as between the principal and
others.
