What does 49 CFR 386.6 (Service) require?

Short answer

49 CFR 386.6 requires that all documents be served upon the party or their designated agent for service of process, with specific rules for type of service, certificate of service, date of service, and valid service.

The rule says

"A person may serve documents by personal delivery utilizing governmental or commercial entities, U.S. mail, commercial mail delivery, and upon prior written consent of the parties, facsimile." (49 CFR 386.6(b))

"A certificate of service will accompany all documents served in a proceeding under this Part." (49 CFR 386.6(c))

"A document will be considered served on the date of personal delivery; or if mailed, the mailing date shown on the certificate of service, the date shown on the postmark if there is no certificate of service, or other mailing date shown by other evidence if there is no certificate of service or postmark." (49 CFR 386.6(d))

In plain English

This regulation outlines the procedures for serving documents in a proceeding, ensuring that all parties are properly notified and have the opportunity to respond. The rules cover the methods of service, the requirement for a certificate of service, and how the date of service is determined. In practice, this means that motor carriers and other parties must carefully follow these procedures to avoid delays or disputes in the proceeding. For example, if a document is served by mail, the date of service will be the mailing date shown on the certificate of service, unless there is no certificate, in which case the postmark date will be used.

What to do

• Ensure that all documents are served on the correct party or their designated agent for service of process.
• Use an approved method of service, such as personal delivery, U.S. mail, or commercial mail delivery, and obtain prior written consent for facsimile service.
• Include a certificate of service with all documents served, showing the date and manner of service.
• Keep accurate records of the date and method of service, in case of disputes or audits.