motor carrier registration (operating authority)
TRANSCRIPT
Motor Carrier Registration(Operating Authority)
Motor Carrier Registration
Registration BackgroundWho Must RegisterHow to RegisterVerify and Enforce RegistrationRoadside Registration Violations
Registration Requirements
● Motor Carrier Safety Improvement Act (MCSIA) of 1999
● 49 U.S.C. 13902
Registration Regulations
Federal Registers and Related Rules– Interim Final Rules published March 19, 2002
Part 365 Part 368 and 387 Part 385
– Interim Final Rule published May 13, 2002 Part 385
Registration Regulations
Interim Final Rule – Registration Enforcement– Published August 28, 2002– Effective September 27, 2002– Affected Parts 350 and 392
Registration Terms
Part 390 – Definitions– Private motor carrier– For-hire motor carrier– Exempt motor carrier– Interstate commerce
Registration Terms
For-hire– Common – was a company that provided for-hire
transportation to the general public Must file proof of cargo insurance
– Contract – was a company that provided for-hire transportation to specific, individual shippers based upon private contracts
Registration Terms
Exempt or Non-exempt Commodities– 49 CFR Part 372 Exemptions– 49 CFR Part 372.115 Administrative ruling 133 –
Non-exempt/regulated commodities– Administrative Ruling 119 – Exempt or regulated
www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm
Registration Systems
Licensing and Insurance System (L&I)– Provides certain for-hire US and Canada-
domiciled motor carries with a motor carrier MC Number
– Provides certain for-hire and private Mexico-domiciled motor carriers with a MX Number
Motor Carrier Registration
Registration BackgroundWho Must RegisterHow to RegisterVerify and Enforce RegistrationRoadside Registration Violations
Who Must Register ForOperating Authority
U.S. and Canada-domiciled Motor Carriers– All for-hire motor carriers who want to operate in
interstate transportation of regulated property, household goods and passengers, and all brokers and freight forwarders of property and household goods
Part 385, Subpart D – New Entrant Safety Assurance Program
Who Must Register ForOperating Authority
Mexico-domiciled Motor Carriers– All carriers of private operations, and– All for-hire carriers who want to operate in foreign
transportation of property (exempt & regulated), household goods and passengers
Part 365, Subpart E – Special rules for certain Mexico-domiciled Carriers
Part 368.1, Certificate of Registration
Types of Authority Requested
Common CarrierContract CarrierBrokerFreight ForwarderEnterprise
Types of Application Forms
OP-1 – Motor carriers and brokers of property and household goods
OP-1(P) – Motor carriers of passengers OP-1(MX) – Mexico-domiciled (beyond commercial zone)
motor carriers of property (includes household goods and passengers)
OP-2 – Mexico-domiciled (within the commercial zone) BOC-3 – Designation of Process Agent (included with OP
applications) MCS-150 – Motor Carrier Identification Report MCS-150A – Safety Certification for Application
Registration Fees
Part 360 – Fee for Motor Carrier Registration and Insurance
$300 per type of authority requestedAll registration fees will be payable to
FMCSA at the time and place application is filed
– Check - Money Order - Credit Card
Motor Carrier Registration
Registration BackgroundWho Must RegisterHow to RegisterVerify and Enforce RegistrationRoadside Registration Violations
Obtain Application
Call 1-800-832-5660– Information on website, fax or mail
Use FMCSA’s website– www.fmcsa.dot.gov– Registration and Licensing– Printable Registration forms
Call Local FMCSA Division Office
Prepare Application
US and Canada-domiciled Carriers– OP-1, Application for property or OP-1(P)
application for passengers– MCS-150, Motor Carrier Identification Report– MCS-150A, Safety Certification for Application– BOC-3, Designation of Process Agents– Insurance Filing Required
Prepare Application
Mexico-domiciled Carrier (within the commercial zone)– OP-2, Application – MCS-150, Motor Carrier Identification Report– MCS-150A Safety Certification for Application– BOC-3, Designation of Process Agents– Insurance filing not required
Prepare Application
Mexico-domiciled Carrier (beyond the commercial zone)– OP-1(MX), Application– MCS-150, Motor Carrier Identification Report– MCS-150A, Safety Certification for Application– BOC-3, Designation of Process Agents– Pre-authority Safety Audit (PASA)– Insurance Filing Required
Prepare Application
Why two separate application forms for Mexico-domiciled carriers– More accurate census– Better assess safety trends and operational
characteristics– Track impact of opening the border– Different cost and fees
Submit Application
Internet – http://safer.fmcsa.dot.govU.S. Mail
– Mailing addresses are included in the application packages and differ according to the type of payment used
Check or money order – Atlanta, GA Credit Card – Headquarters, Washington, DC
Types of Authority Issued
Common carrier - CertificateContract carrier - PermitBroker - LicenseFreight Forwarder - PermitMexico-domiciled (commercial zone) - Certificate
of RegistrationMexico-domiciled (beyond the commercial zone)
- Provisional Operating Authority
Motor Carrier Registration
Registration BackgroundWho Must RegisterHow To RegisterVerify and Enforce RegistrationRoadside Registration Violations
MCSAP Enforcement
Registration Enforcement – Interim Final Rule– Requires States to enforce the registration
requirements as a condition to qualify for basic MCSAP funds
– States must enforce registration requirements by September 27, 2005
MCSAP Enforcement
CFR Part 350.201(t)(1) Enforce registration requirements under – 49 U.S.C. 13902– 49 CFR Part 356 and 365– 49 CFR Part 392.9a
MCSAP Enforcement
● Interim Final Rule- 392.9a - Operating authority
- 392.9a(a) - May not operate unless carrier has complied with registration
- 392.9a(b) - The vehicle would be placed OOS and carrier may be subject to additional penalties
- 392.9a(c) - The carrier is entitled to a hearing to review the OOS order within 10 days
MCSAP Enforcement
CFR Part 350.201(t)(2) Enforce financial responsibility requirements under– 49 USC 13906, 31138, 31139– 49 CFR Part 387
Registration Verification
What methods are available to verify the carriers registration?– Licensing and Insurance website– Toll Free Number– Direct to L&I Automated Response Number
Registration Verification
How do I verify the carriers registration?– License and Insurance website
http://li-public.fmcsa.dot.gov Access via FMCSA, SAFER, Query Central No ID or password required (except for QC) Search by carrier name, USDOT # or MC/MX number Real time data
Access via SAFER
Carrier Search
Carrier Details
Must view details to get status
Active or Inactive
“YES” on property just identifies the type of authority they applied for
Still INACTIVE
Active or Inactive
No MC Number = No Authority
Active or Inactive
Active Passenger Authority
Active or Inactive
Pending Authority doesn’t count!
Process Agent Filings
Registration Verification
How do I verify the carriers registration?– Toll Free Number
1-800-832-5660 Staffed from 8:00 am to 4:30 pm est M-F Press 1 then 3 to reach help desk Informs whether authority is active or inactive
Registration Verification
How do I verify the carriers registration?– Direct L & I Automated Response Number
202-358-7000 Accessible at all times Press 1 If you have MC #, press 1 again If MC prefix only, press 1 again Enter number
Motor Carrier Registration
Registration BackgroundWho Must RegisterHow To RegisterVerify and Enforce RegistrationRoadside Registration Violations
Roadside Registration Violations
Driver/Vehicle Inspection (US- domiciled)– Potential Violations
392.9a(a)R - Operating without registration 392.9a(a)S - Operating beyond registration scope Not required to have proof of insurance (MCS-90) on
board the vehicle Not required to have proof of operating authority on
board the vehicle
Roadside Registration Violations
Driver/Vehicle Inspection (Canada-domiciled)– Potential Violations
392.9a(a)R - Operating without registration 392.9a(a)S - Operating beyond registration scope 387.7(f) – Required to have proof of insurance (MCS-
90) on board the vehicle Not required to have proof of operating authority on
board the vehicle
Roadside Registration Violations
Driver/Vehicle Inspection Mexico-domiciled (commercial zone)
– Potential Violations 392.9a(a)R - Operating without registration 392.9a(a)S - Operating beyond registration scope 387.7(b)(3)(i) - Certificate of Registration required on board 387.7(b)(3)(ii) – Proof of insurance (MCS-90) required on
board 387.7(b)(3)(iii) - Insurance ID card, binder or other document
showing effective and expiration date of coverage required on board
Roadside Registration Violations
Driver/Vehicle Inspection Mexico-domiciled (beyond commercial zone)– Potential Violations
392.9a(a)R - Operating without registration 392.9a(a)S - Operating beyond registration scope 387.7(b)(3)(ii) – Required to have proof of insurance
(MCS-90) on board the vehicle Not required to have proof of operating authority on
board the vehicle
Roadside OOS Violation
Out-of-Service Violations– 392.9a(a)R – Operating without registration– 392.9a(a)S – Operating beyond registration scope– 387.7(b)(3)(i) – Certificate of Registration not on
board the vehicle (Mexico-domiciled operating within the commercial zone)
Roadside OOS Violation
Out-of-Service Violations– Complete DVIR citing violations and OOS order– Collect documentation
L and I screen shot BOL and RODS Vehicle Registration Drivers driving record Inspectors notes/narrative/photos
– Initiate State/Federal enforcement action Forward documentation to FMCSA Division Office
Roadside OOS Violations
Correct OOS Options– Obtain required authority or obtain Certificate of
Registration (Mexico-domiciled operating within the commercial zone)
– Arrange for authorized carrier– Tow vehicle to home terminal– Lease on with an authorized carrier (Mexico-
domiciled carrier not allowed to lease on with authorized carrier)
Questions
David Mancl
Transportation Specialist
Enforcement and Compliance
Washington, DC
202-493-0442
Mike Christensen
Transportation Specialist
National Training Center
Arlington, VA
703-235-0551