Common Questions
1. What is the difference between interstate commerce
and intrastate commerce?
Interstate commerce is
trade, traffic, or transportation involving the crossing of a State boundary.
Either the vehicle, its passengers, or cargo must cross a State boundary, or
there must be the intent to cross a State boundary to be considered an
interstate carrier. Intrastate commerce is trade, traffic, or transportation
within a single State.
If your operations include
interstate commerce, you must comply with the applicable Federal safety
regulations and operating authority rules, in addition to State and local
requirements. You must notify the State in which you plan to register your
vehicle(s) of your intentions to operate in interstate commerce to ensure that
the vehicle is properly registered for purposes of the International
Registration Plan (IRP), and International Fuel Tax Agreement (IFTA). The base
State will help you by collecting the appropriate fees and distributing a
portion of those fees to the other States in which you operate commercial motor
vehicles.
If you operate exclusively
in intrastate commerce , you must comply with
applicable State and local regulations. The only Federal regulations that are
applicable to intrastate operations are: the commercial driver's license (CDL),
for drivers operating commercial motor vehicles as defined in 49 CFR 383.5;
controlled substances and alcohol testing for all persons required to possess a
CDL; and minimum levels of financial responsibility for the intrastate
transportation of certain quantities of hazardous materials and substances.
2. Now that I have determined that I will be
operating in interstate commerce, what do I need to do to begin?
A USDOT number is required
if you have vehicles that are over 10,000 lbs, if you transport between 9 and
15 passengers (including the driver) for compensation, if you transport 16 or
more passengers, or haul hazardous materials in interstate commerce. No fee is
required. You must complete the MCS-150 (Motor Carrier Identification Report)
and a MCS-150A (Safety Certification Application) to obtain a USDOT number. The
forms can be found on our web site at www.safersys.org .
The MCS-150 and MCS-150A can be completed on line or you can print out a copy
of the forms, complete and mail to the address indicated. If you do not have
access to the Internet, you can call our toll-free number at 1-800-832-5660 to
have one mailed to you.
Generally, if you are
operating as a " for-hire " motor carrier of
regulated commodities or passengers in interstate commerce, you must also
obtain interstate operating authority (MC number) unless your " for-hire
" operation is limited to the transportation of exempt commodities, or you
operate within a commercial zone, exempt from the interstate operating
authority rules. Information about commercial zone exemptions may be found at
49 CFR 372. Administrative Ruling No. 119 provides additional guidance for
identifying exempt commodities, which can be found on the Internet at http://www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm . A list of commodities, which are NOT exempt
from the operating authority rules, can be found at 49 CFR 372.115 or on the
Internet at http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/372.115.htm
.
3. What is the definition of a for-hire carrier?
The definition of a " for-hire " carrier is a person or company that
provides transportation of cargo or passengers for compensation. If you are a
for-hire carrier, in addition to the USDOT number you will also need to obtain
operating authority (MC number).
4. Where can I purchase the Federal Motor Carrier
Safety Regulations?
To purchase a complete copy
of the FMCSRs, Parts 300-399, contact the
Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.
20402, telephone: (202) 512-1800 or at www.access.gpo.gov
5. Besides a USDOT number what other forms are
necessary to operate as a " for-hire "
carrier in interstate commerce?
The Form OP-1, Application
for Motor Property Carrier and Broker Authority, is required for a motor
carrier of property and a Form OP-1(P), Application for Motor Passenger Carrier
Authority, is required for a motor carrier of passengers.
If you are a for-hire
carrier you must acquire operating authority (MC number). You must (1) complete
and file the appropriate OP-1 application along with the filing fee ($300 for
each type of authority you are requesting); (2) have your insurance company
file the appropriate insurance forms for the type of authority you are
requesting with the FMCSA; and (3) submit or have a Process Agent Service
submit a BOC-3, Designation of Process Agent form.
Note: Passenger carriers who
are Federal Transit Administration Grantees (Transit Benefit Operators) under
49 U.S.C. 5307, 5310, or 5311 are required to maintain liability insurance at
least at the highest level required for any of the States in which the transit
service area is located. The $300 filing fee will be waived for the Transit
Benefit Operator application.
6. How do I go about filing for operating authority
(active MC number) to travel within the
You can either complete the
appropriate OP-1 application over our Internet site at http://diy.dot.gov and
pay the required filing fee with a credit card or you can download a copy of
the application form at this site, or request a copy of the OP-1 application by
calling 1-800-832-5660 to have an application mailed to you. The filing fee is
$300.00 for each type of authority requested. No insurance information can be
submitted until the carrier has been assigned its MC number.
7. What happens after I file the appropriate OP-1
Form?
Once the application is
received and accepted, you will be assigned your MC (motor carrier) number. You
will receive a letter informing you of this MC number and telling you any
additional information needed to get into compliance. Once your insurance
company has filed the correct insurance form, and the process agent has filed
the BOC-3 Designation of Process Agent form, you will receive your official
operating authority in the form of a Certificate and/or Permit. You will not be
able to operate until this information has been submitted and the Certificate
and/or Permit is officially issued.
8. I perform both for-hire and private carriage. Will
I be able to operate once I get my USDOT number?
Once you have your USDOT
number you will be able to operate as a Private motor carrier. You will not be
able to operate as a For-Hire motor carrier until you have operating authority
(an active MC number).
9. Can I operate outside of my base State now that I
have applied for authority?
If you are transporting
exempt commodities and have a USDOT number, you may operate as an exempt
for-hire interstate motor carrier without an MC number.
You cannot transport
regulated commodities in interstate commerce until you have obtained operating
authority (Certificate and/or Permit) and received your single State
registration. Simply applying for operating authority is not sufficient. You
must wait until the Certificate and/or Permit has been issued.
What are exempt commodities?
On our website at
http://www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm you will find Administrative
Ruling No. 119 which is a guide on what is or is not exempt. The booklet is no
longer in print, but the information is still correct. The list of exempt
commodities is ever changing, but this can be used as a general guide. Also, a
list of commodities that are not exempt can be found in the FMCSR at Section
372.115.
10. Until I get my own operating authority (active MC
number), can I lease my services to a for-hire carrier with operating rights?
Yes, leasing is permissible
if you comply with the requirements under Section 376.11..
11. How can I find out if my operating authority
(active MC number) has been issued? Can I get a faxed copy ?
To check whether your
operating authority has been issued, you should go to our Internet site at
http://li-public.fmcsa.dot.gov . If you do not have
access to the Internet, you can contact our 24- hour automated system at
202-358-7000 or call our status line at 202-366-9805 between the hours of 8:00
a.m. to 5:00 p.m. eastern standard time. We will only fax your operating
authority if 10 or more working days have passed since the service date and you
have not yet received the operating authority.
12. How can I suspend or put my operating authority
(MC number) on hold ?
The regulations do not allow
for voluntary suspension of operating authority; however, voluntary revocation
of your operating authority is allowed. To accomplish a voluntary revocation,
you must (1) complete a Form OCE-46, Request for Revocation of Registration;
(2) have it notarized; and (3) mail it back to the FMCSA, Insurance Compliance
Division at
13. What do I need to do to reinstate my operating
authority (make my MC number active)?
You can reinstate your
operating authority by requesting reinstatement of the authority and paying the
$80 fee. This can be done over the Internet at http://diy.dot.gov and paying
with a credit card. If you do not have access to the Internet, you may send a
written request for reinstatement of the operating authority, listing the " MC " number, the legal name of the carrier, and
include an $80.00 fee by check, money order or credit card payable to FMCSA.
The m ailing address for a check or money order is FMCSA,
14. What is a Process Agent?
A process agent is a
representative upon whom court papers may be served in any proceeding brought
against a motor carrier and is one of the pre-licensing requirements that must
be met by the carrier before authority is issued.
A list of the process agent
services can be found in the instruction packet accompanying an application or
on our web site at http://diy.dot.gov .
15. What are the definitions of common, contract, and
broker authority?
Common carrier' provides
for-hire truck transportation to the general public. Common carriers must file
both liability (BI & PD) insurance and cargo insurance.
Contract carrier' provides
for-hire truck transportation to specific, individual shippers, based on
contracts. Contract carriers must file only liability (BI & PD) insurance.
Broker' a
company who, for compensation, arranges for the truck transportation of cargo
belonging to others, utilizing for-hire carriers to provide the actual truck
transportation. Brokers must file
either a surety bond or trust fund agreement.
16. What is the difference between common and
contract carrier authority?
The common carrier authority
requires liability and cargo insurance. The contract carrier authority only
requires liability insurance. Some shippers prefer common and some prefer
contract.
17. Can a contract carrier broker loads?
No. A contract carrier
cannot broker loads without first applying for and receiving a license to
operate as a broker of freight.
18. What applications do I need to complete for
common carrier authority?
A common carrier of property
must file a Form OP-1, Application for Motor Property Carrier and Broker
Authority and a common carrier of passengers must file a Form OP-1(P),
Application for Motor Passenger Carrier Authority. You can file for operating
authority over the Internet at http://diy.dot.gov or you can download a copy of
the application forms at this site. If you do not have access to the Internet,
you may call our toll free number at l 800-832-5660 and request an application
be mailed or faxed to you.
You are also required to
file a MCS-150 (Motor Carrier Identification Report) and a MCS-150A (Safety
Certification Application) to obtain a USDOT number. You can file for a USDOT
number over the Internet at www.safersys.org or call our toll-free number at
1-800-832-5660 and request the form be mailed or faxed to you.
19. Where do I go to find out if a company has
interstate operating authority (active MC number) ?
The information can be
obtained on our web site at http://li-public.fmcsa.dot.gov under carrier
search. If you do not have access to the internet, you can call our 24-hour
automated system at 202-358-7000, call our toll free number at 800-832-5660 or
call our status line at 202-366-9805 between the hours of 8:00 a.m. to 5:00
p.m. eastern standard time.
20. I share interstate operating authority (MC
number) with a business partner and would like to get my own MC number and
discontinue my partnership with this person ? is that possible?
Yes. There are two options:
1) You may request a name change for the existing MC
number by submitting a notarized letter requesting the partner be removed from
the existing authority along with a $14 name change fee payable by check, money
order, VISA or MASTERCARD. The partner being removed from the existing
authority would then file a new application along with the required fee to
receive his or her own MC number; or 2) If the
partners cannot agree who should keep the existing MC number, they should both
file a new application with the required fees and get new MC numbers. They
should also request that the existing MC number be voluntarily revoked.
21. How can I find out the status of my USDOT number?
If you request a USDOT
number on the Internet at www.safersys.org you will receive your USDOT number
immediately and a notification letter will be mailed by the FMCSA confirming
your USDOT number. If you mailed your MCS-150 and MCS-150A forms to receive a
USDOT number you can go to http://www.safersys.org and search by the motor
carrier name to see if the application has been processed or you can call our
toll-free number at 1-800-832-5660.
22. Is there a difference in using the Internet vs.
mailing the application in when filing for operating authority?
By using the Internet, you
can increase the speed by which your application is processed in contrast with
ground mail and manual data entry. You may submit your operating authority
requests online at http://diy.dot.gov . To submit your
request, click on Federal Motor Carrier Safety Administration (FMCSA), then
click on FMCSA Registration Application, type of authority requested (Motor
Property Carrier and Broker, Motor Passenger Carrier, etc), fill in the
required information and click submit. You will be given an OMC number for
tracking purposes.
Two days after you file your
application you will be able to see the status of your application on the
Internet at http://li-public.fmcsa.dot.gov . To obtain
your MC number, just click on " continue, "
select " carrier search " from the drop down menu and enter your last
name or company name and the State abbreviation where the carrier is located,
and then click on " search. " From this point, to see the status,
click on " screen " under view carrier
details. Operating authority will be granted a minimum of 10 days later and
only after insurance and Designation of Process Agent documents are on file
with the FMCSA. You will receive your Certificate, Permit, or License by mail.
We encourage many of our applicants to use this online data entry option. This
allows us to provide immediate response to carriers who require it, and reduce
processing delays for all applicants. In contrast, applications filed by mail
can take an additional 7 to 14 days to process.
23. Can you transfer operating authority (MC number)
on the website?
No. Transfer applications
can be faxed directly to you by calling 202-366-0643 from your fax machine.
(Note: You must pick up the phone on your fax machine, call 202-366-0643,
listen for the prompt and hit the end/receive button and then hang up your
phone.) If you do not have a fax machine you may obtain a Transfer application
by calling 202-366-9805, and one will be mailed to you.
24. Are USDOT numbers transferable
?
No, USDOT numbers are not
transferable. You can file for your USDOT number on the Internet at
www.safersys.org or call our toll-free number at 1-800-832-5660 to request a
copy of the MCS-150 (Motor Carrier Identification Report) and a MCS-150A
(Safety Certification Application).
25. What forms are required to transport Regulated
property for-hire Interstate?
If you are transporting
Regulated property " for hire " from one
State to another, you are required to have both a USDOT number (MCS-150 and
MCS-150A) and operating authority (active MC number - OP-1). You may apply for
the USDOT number on the Internet at www.safersys.org and you may apply for the
MC number on the Internet at http://diy.dot.gov .
26. Why doesn't my MC#324115(B) appear on the web
site at http://www.safersys.org
Because that is an MC number
for a Broker and Brokers are not listed on the Internet site at
http://www.safersys.org since they are not assigned USDOT numbers. However, MC
numbers for Brokers will appear on our Internet site at http://li-public.fmcsa.dot.gov .
27. What form do I complete to become a broker ?
To become a broker you must
file Form OP-1, Application for Motor Property Carrier and Broker Authority.
This operating authority requires you to have on file with the FMCSA either a
surety bond (BMC-84 form provided by an insurance company) or a trust fund
(BMC-85 form obtained by request to the Insurance Compliance Division at FMCSA
on 202-385-2423 or 2424 in the amount of $10,000) as well as a Designation of
Agents Form BOC-3.
28. What form do I complete for passenger (limo)
operating authority ?
Form OP-1(P), Application
for Motor Passenger Carrier Authority, is required for passenger authority. You
can file for this authority or download a copy of the application on the
Internet at http://diy.dot.gov . You also can call our
toll-free number at 1-800-832-5660 and request a copy be mailed or faxed to
you.
29. Who may become a freight forwarder? What is the definition ?
A freight forwarder is a
company that arranges for the truck transportation of cargo belonging to
others, utilizing for-hire carriers to provide the actual truck transportation.
In the ordinary course of its business, a freight forwarder usually assembles
and consolidates less-than truckload (LTL) shipments at origin and disassembles
and distributes truckload (TL) shipments at destination. The freight forwarder
assumes responsibility for the transportation from origin to destination but it
uses a for-hire carrier for the line-haul movement. Freight forwarders must register
with FMCSA by filing a Form OP-1(FF), Application for Freight Forwarder
Authority. You can file for this authority or download a copy of the
application on the Internet at http://diy.dot.gov .
You also can call our toll-free number at 1-800-832-5660 and request a copy be
mailed or faxed to you.
30. Can we obtain apportioned tags from the FMCSA web
site ?
No. License plates and
stickers are State matters, and you should contact your State department of
motor vehicles for the requirements.
31. What do I need to do to change the name of my
motor carrier operation?
You may change the name of
your operation only if there is no change in the ownership, management, or
control of the company. The information can be changed on the Internet at
http://diy.dot.gov . Select Federal
Motor Carrier Safety Administration; FMCSA Registration Applications; and Name
Change. There is a $14 fee for the name change. (Note: If there is a
change in ownership, management or control of the company you must file a
Transfer Application.)
If you would like to mail
your name change (legal or trade name) and are paying with a check or money order , a letter must be sent to the FMCSA at
If you prefer to put the fee
on a credit card but do not have access to the Internet, you may mail your
request to FMCSA, Licensing Team,
The following types of
requests for name changes can be processed on the Internet at
http://diy.dot.gov but will need additional documents for verification:
(1) If you are adding or
deleting an immediate family member you must present a notarized letter for the
change to become effective. (Definition of immediate family: husband, wife,
brother, sister, mother or father.);
(2) If you need to delete a
name from your operating authority because of the death of a spouse or death of
a partner already on your operating authority, you must present a copy of the
death certificate;
(3) If you are adding a
Partner as a result of marriage, you must present a copy of the marriage
license; and
(4) If you are deleting an
existing partner currently on the operating authority, you must present a
notarized letter from the partner being removed for the change to become
effective
Note: After receiving the
Re-entitlement Decision, you will have 30 days to refile
the proof of insurance and designation of agents (BOC-3) in the carrier's new
name.
The name will be changed
under the MC number and U.S. DOT. Number.
32. How do I change my address?
Address changes can be
accomplished by going to our Internet site at http://diy.dot.gov
. If you do not have access to the Internet you may submit a letter to
the FMCSA Licensing Division, Room 8214,
33. Will I keep the same MC number if I change my
name? Will I get a new Certificate or Permit ?
Yes, you will keep the same
MC number if you change your name. However, you will not receive a new
Certificate or Permit, but you will receive a Re-entitlement Decision that
should be attached to your original operating authority.
34. I am trying to check on a safety rating ? where do I go?
If you have the MC number,
USDOT number, or name for search purposes, you can check on safety ratings at
http://www.safersys.org .
35. I recently did a search through the Safer Query
in reference to my company and found the information to be incorrect. Who
should I contact to get this fixed?
You can call our toll-free
number at 1-800-832-5660 to have the information corrected .
36. How can I update my USDOT record?
You can update your USDOT
number over the Internet at www.safersys.org by filing a MCS-150 (Motor Carrier
Identification Report). To update online you will need a Personal Identification
Number (PIN) but the good news is that you can also apply for your PIN online
at https://www.mchqecom.com/nu_cc/cc_pin.asp . You may
also update your USDOT record by filing a MCS-150 by mail. You may mail the
forms to FMCSA, MCMIS Team, Room 8214,
37. How do I determine whether I am subject to FMCSA's safety regulations?
If you operate any of the
following types of commercial motor vehicles in interstate commerce you must
comply with the applicable U.S. Department of Transportation (USDOT) safety
regulations concerning: CDL: controlled substances and alcohol testing for all
persons required to possess a CDL: driver qualifications (including medical
exams); driving of commercial motor vehicles; parts and accessories necessary
for safe operations; hours of service; and inspection, repair and maintenance.
(1) A vehicle with a gross
vehicle weight rating or gross combination weight rating of 4,537 kg (10,001
lb) or more, whichever is greater;
(2) A vehicle designed or
used to transport between 9 and 15 passengers (including the driver) for
compensation;
(3) A vehicle designed or
used to transport 16 or more passengers; or
(4) Any size vehicle used in
the transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.) and which
require the motor vehicle to be placarded under the Hazardous Materials
Regulations (49 CFR chapter I, subchapter C).
38. Do you offer temporary authority?
Temporary authority is only
issued for National Disasters or Emergency situations.
39. How do I determine if I need cargo insurance?
It depends on the type of
authority you apply for with FMCSA. If you apply for common carrier authority,
you are required to have on file evidence of both liability (BI & PD) and
cargo insurance. If you apply for contract authority, you are only required to
have evidence of liability (BI & PD) insurance on file. Common carriers
hauling low value goods as specified at 49 CFR 387.301(b) may request exemption
from cargo insurance requirements by calling 202-366-9805 and asking that they
be sent a cargo exemption form.
40. Where do I obtain the insurance forms (BMC-91 or
BMC-91X)?
The form
BMC-91 or BMC-91X are both used to make liability insurance filings with
the FMCSA. We do not provide these forms. The insurance company making the
filing maintains their own supply of forms. Infact , many insurance
carriers are set-up to make the required insurance filings with us
electronically.
41. I need to have a copy of the form BMC-84 (surety
bond) e-mailed to me.
Your insurance company
must provide the Form BMC-84 Property Broker's Surety Bond.
42. Will my insurance company have BMC-85 form?
You may obtain a copy of
Form BMC-85, Property Broker's Trust Fund Agreement by contacting the FMCSA
Insurance Compliance Division at
43. Do you know where I could possibly get the forms
RS-1, RS-2, and RS-3?
The RS-1, RS-2, and RS-3 are
for single State registration and must be obtained through your State
Department of Motor Vehicles..
44. I transport some hazardous materials. Must I
register?
Pursuant to Title 49 CFR Part
107, Subpart G (107.601 - 107.620), certain offerors
and transporters of hazardous materials, including hazardous waste, are
required to file an annual registration statement with the U.S. Department of
Transportation and to pay a fee. For more information, visit
http://hazmat.dot.gov/register.htm .
45. Is there a website address that tells me how to
comply with regulations dealing with alcohol and drugs?
Yes. That information ca n
be found at http://www.dot.gov/ost/dapc/regulations .
46. Licensing Team's Mailing Address & Phone
Numbers
Federal Motor Carrier Safety
Administration (FMCSA)
Licensing Team
Phone: (202) 366-9805
Fax: (202) 366-3477
47. Insurance Division's Mailing Address & Phone
Numbers
Federal Motor Carrier Safety
Administration (FMCSA)
Insurance Compliance
Division
Phone: (202) 385-2423
Fax: 202-358-7100
DOT Home | Federal Motor Carrier Safety Administration
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United States Department of Transportation - Federal
Motor Carrier Safety Administration
Last Modified: Thursday, November 20, 2003