Interpretation Response #15-0127
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
August 13, 2015
Ms. Jasmine A. Pena
8075 Azalea Circle
Chagrin Falls, OH 44023
Ref. No. 15-0127
Dear Mr. Pena:
This responds to your email dated June 23, 2015 requesting clarification of the responsibility of an agent for service under 49 CFR § 105.40. Specifically, you ask for confirmation that agents for service of process (agents) are not liable for any wrongdoing or fault that was made by the company represented by the agent. Further, you ask whether the agent is responsible if the company represented by the agent is fined for a violation and does not pay the fine.
In accordance with 49 CFR § 105.40, an applicant who is a non-resident of the United States must designate an agent to facilitate legal service of process and receive official government documents from the jurisdictions where the applicant is operating. An agent: (1) may be an individual, a firm, or a domestic corporation; (2) may represent any number of principals; and (3) may not reassign responsibilities under a designation to another person.
In addition, under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), each person who offers a hazardous material for transportation or transports a hazardous material in commerce is responsible for compliance with the requirements of the HMR, or an exemption, approval, or registration issued under the HMR, with respect to any regulated function that it performs or is required to perform. However, each person is responsible only for the specific regulated function(s) that it performs or is required to perform. Provided the agent does not perform any regulated function under the HMR, the agent would not be liable for any wrongdoing of the company represented by the agent.
I hope this information is helpful. Please let us know if we can be of further assistance.
International Standards Coordinator
Standards and Rulemaking
|§ 105.40||Designated agents for non-residents|