As used in this subpart:

1. (1) "Bona fide agents" means persons who are part of the normal organization of a motor carrier and perform duties under the carrier's directions pursuant to a preexisting agreement which provides for a continuing relationship, precluding the exercise of discretion on the part of the agent allocating traffic between the carrier and others;
2. (2) "Broker" means any person not included in the term "motor carrier" and not a bona fide employee or agent of any such carrier, who or which, as principal or agent, sells or offers for sale any transportation subject to the Arkansas Motor Carrier Act, 1955, Acts 1955, No. 397, or negotiates for, or holds himself, herself, or itself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation;

3. (3)

   1. (A) "Brokerage" or "brokerage service" is the arranging of transportation or the physical movement of a motor vehicle or of property.

   2. (B) It can be performed on behalf of a:

      1. (i) Motor carrier;
      2. (ii) Consignor; or
      3. (iii) Consignee; and

4. (4) "Nonbrokerage service" is all other service performed by a broker on behalf of a:

   1. (A) Motor carrier;
   2. (B) Consignor; or
   3. (C) Consignee.