Motor Carrier Registration (Operating Authority)

Motor Carrier Registration Registration Background Who Must Register How to Register Verify and Enforce Registration Roadside Registration Violations

Registration Requirements ● Motor Carrier Safety Improvement Act (MCSIA) of 1999 ● 49 U.S.C

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 Administrative ruling 133 – Non-exempt/regulated commodities – Administrative Ruling 119 – Exempt or regulated

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 Background Who Must Register How to Register Verify and Enforce Registration Roadside Registration Violations

Who Must Register For Operating 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 For Operating 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 Carrier Contract Carrier Broker Freight Forwarder Enterprise

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 requested All registration fees will be payable to FMCSA at the time and place application is filed – Check - Money Order - Credit Card

Motor Carrier Registration Registration Background Who Must Register How to Register Verify and Enforce Registration Roadside Registration Violations

Obtain Application Call – Information on website, fax or mail Use FMCSA’s website – – 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 – U.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 - Certificate Contract carrier - Permit Broker - License Freight Forwarder - Permit Mexico-domiciled (commercial zone) - Certificate of Registration Mexico-domiciled (beyond the commercial zone) - Provisional Operating Authority

Motor Carrier Registration Registration Background Who Must Register How To Register Verify and Enforce Registration Roadside 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 (t)(1) Enforce registration requirements under – 49 U.S.C – 49 CFR Part 356 and 365 – 49 CFR Part 392.9a

MCSAP Enforcement ● Interim Final Rule a - Operating authority a(a) - May not operate unless carrier has complied with registration a(b) - The vehicle would be placed OOS and carrier may be subject to additional penalties a(c) - The carrier is entitled to a hearing to review the OOS order within 10 days

MCSAP Enforcement CFR Part (t)(2) Enforce financial responsibility requirements under – 49 USC 13906, 31138, – 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 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 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 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 Background Who Must Register How To Register Verify and Enforce Registration 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 Mike Christensen Transportation Specialist National Training Center Arlington, VA