49 C.F.R. PART 356—MOTOR CARRIER ROUTING REGULATIONS
Title 49 - Transportation
Authority: 5 U.S.C. 553; 49 U.S.C. 13301 and 13902; and 49 CFR 1.73.
Source: 62 FR 32041, June 12, 1997, unless otherwise noted.
Editorial Note: Nomenclature changes to part 356 appear at 66 FR 49870, Oct. 1, 2001.
(a) Service at municipality. A motor carrier of property, motor passenger carrier of express, and freight forwarder authorized to serve a municipality may serve all points within that municipality's commercial zone not beyond the territorial limits, if any, fixed in such authority. (b) Service at unincorporated community. A motor carrier of property, motor passenger carrier of express, and freight forwarder, authorized to serve an unincorporated community having a post office of the same name, may serve all points in the United States not beyond the territorial limits, if any, fixed in such authority, as follows: (1) All points within 3 miles of the post office in such unincorporated community if it has a population of less than 2,500; within 4 miles if it has a population of 2,500 but less than 25,000; and within 6 miles if it has a population of 25,000 or more; (2) At all points in any municipality any part of which is within the limits described in paragraph (b)(1) of this section; and (3) At all points in any municipality wholly surrounded, or so surrounded except for a water boundary, by any municipality included under the terms of paragraph (b)(2) of this section. (a) A motor common carrier authorized to transport passengers over regular routes may serve: (1) All points on its authorized route; (2) All municipalities wholly within one airline mile of its authorized route; (3) All unincorporated areas within one airline mile of its authorized route; and (4) All military posts, airports, schools, and similar establishments that may be entered within one airline mile of its authorized route, but operations within any part of such establishment more than one airline mile from such authorized route may not be over a public road. (b) This section does not apply to those motor passenger common carriers authorized to operate within: (1) New York, NY; (2) Rockland, Westchester, Orange, or Nassau Counties, NY; (3) Fairfield County, CT; and (4) Passaic, Bergen, Essex, Hudson, Union, Morris, Somerset, Middlesex, or Monmouth Counties, NJ. (a) Scope. An irregular route motor carrier may operate between authorized service points over any reasonably direct or logical route unless expressly prohibited. (b) Requirements. Before commencing operations, the carrier must, regarding each State traversed: (1) Notify the State regulatory body in writing, attaching a copy of its operating rights; (2) Designate a process agent; and (3) Comply with 49 CFR 387.315. Unless expressly prohibited, a motor common carrier of property holding separate authorities which have common service points may join, or tack, those authorities at the common point, or gateway, for the purpose of performing through service as follows: (a) Regular route authorities may be tacked with one another; (b) Regular route authority may be tacked with irregular route authority; (c) Irregular route authorities may be tacked with one another if the authorities were granted pursuant to application filed on or before November 23, 1973, and the distance between the points at which service is provided, when measured through the gateway point, is 300 miles or less; and (d) Irregular route authorities may be tacked with one another if the authorities involved contain a specific provision granting the right to tack. (a) Regular route authorities—construction. All certificates that, either singly or in combination, authorize the transportation by a motor common carrier of property over: (1) A single regular route or; (2) Over two or more regular routes that can lawfully be tacked at a common service point, shall be construed as authorizing transportation between authorized service points over any available route. (b) Service at authorized points. A common carrier departing from its authorized service routes under paragraph (a) of this section shall continue to serve points authorized to be served on or in connection with its authorized service routes. (c) Intermediate point service. A common carrier conducting operations under paragraph (a) of this section may serve points on, and within one airline mile of, an alternative route it elects to use if all the following conditions are met: (1) The carrier is authorized to serve all intermediate points (without regard to nominal restrictions) on the underlying service route; (2) The alternative route involves the use of a superhighway (i.e., a limited access highway with split-level crossings); (3) The alternative superhighway route, including highways connecting the superhighway portion of the route with the carrier's authorized service route, (i) Extends in the same general direction as the carrier's authorized service route and (ii) Is wholly within 25 airline miles of the carrier's authorized service route; and (4) Service is provided in the same manner as, and subject to any restrictions that apply to, service over the authorized service route. A motor common carrier of property holding separate grants of authority (including regular route authority), one or more of which authorizes transportation over irregular routes, where the authorities have a common service point at which they can lawfully be tacked to perform through service, may perform such through service over any available route. Where a highway over which a regular route motor common carrier of property is authorized to operate is assigned a new designation, such as a new number, letter, or name, the carrier shall advise the FMCSA by letter, and shall provide information concerning the new and the old designation, the points between which the highway is redesignated, and each place where the highway is referred to in the carrier's authority. The new designation of the highway will be shown in the carrier's certificate when the FMCSA has occasion to reissue it.
Title 49: Transportation
PART 356—MOTOR CARRIER ROUTING REGULATIONS
Section Contents
§ 356.1 Authority to serve a particular area—construction.
§ 356.3 Regular route motor passenger service.
§ 356.5 Traversal authority.
§ 356.7 Tacking.
§ 356.9 Elimination of routing restrictions—regular route carriers.
§ 356.11 Elimination of gateways—regular and irregular route carriers.
§ 356.13 Redesignated highways.
§ 356.1 Authority to serve a particular area—construction.
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§ 356.3 Regular route motor passenger service.
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§ 356.5 Traversal authority.
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§ 356.7 Tacking.
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§ 356.9 Elimination of routing restrictions—regular route carriers.
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§ 356.11 Elimination of gateways—regular and irregular route carriers.
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§ 356.13 Redesignated highways.
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