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Form Approved OMB No. 2126-0019
Please
read these instructions before completing the application
form. Retain the instructions and a copy of the complete application
for the applicant's records. These instructions will assist
an applicant in preparing an accurate and complete application.
Applications that do not contain the required information
will be rejected and may result in a loss of the application
fee. The application must be completed in English and
typed or printed in ink. If additional space is needed to
provide a response to any item, use a separate sheet of paper.
Identify applicant on each supplemental page and refer to
the section and item number in the application for each response.
PURPOSE
OF THIS APPLICATION FORM:
The
Form OP-2 is required to be filed by Mexico-domiciled for-hire
motor carriers and motor private carriers who wish to register
to transport property only in municipalities in the United
States on the United States-Mexico international border or
within the commercial zones of such municipalities.
This
form is also required to be utilized by Mexico-domiciled for-hire
and motor private carriers that hold a Certificate of Registration
from the former Interstate Commerce Commission, the Federal
Highway Administration, the Office of Motor Carrier Safety
or the Federal Motor Carrier Safety Administration issued
before April 18, 2002, with a territorial scope of operations
limited to municipalities in the United States on the United
States-Mexico international border or within the commercial
zones of such municipalities and are required to supplement
the information in their original applications by completing
and re-filing the revised Form OP-2.
This
form should not be used for registration by Mexico-domiciled
for-hire and motor private carriers to perform transportation
in the United States beyond the commercial zones of municipalities
on the international border. To register or reregister to
conduct operations beyond commercial zones, an applicant should
instead complete and file Form OP-1(MX).
This
form should not be filed by U.S. - domiciled enterprises
owned or controlled by Mexican nationals. Such enterprises
must complete and file Form OP-1 or OP-1(P), for property
or passengers, respectively.
Under
NAFTA Annex I, page I-U-20, a Mexico-domiciled carrier may
not provide point-to-point transportation services, including
express delivery services, within the United States for goods
other than international cargo.
WHAT
TO FILE:
All
applicants must submit the following:
- An
original and one copy of a completed revised Form OP-2,
Application for Mexican Certificate of Registration for
Foreign Motor Carriers and Foreign Motor Private Carriers
Under 49 U.S.C. 13902, with all necessary attachments and
statements.
- A
signed and dated Form BOC-3, Designation of Agents for Service
of Process, which reflects the applicant's full and correct
name, as shown on the Form OP-2, and applicant's address,
including the street address, the city, State, country and
zip code, must be attached to the application. The BOC-3
form must show street address(es), and not post office box
numbers, for the person(s) designated as the agent(s) for
service of process and administrative notices in connection
with the enforcement of any applicable Federal statutes
or regulations. A person must be designated in each State
in which the applicant will operate. Please refer to the
section "Legal Process Agents" for instructions for filing
the Form BOC-3 when using a Process Agent Service. The
applicant may not begin operations unless the Form BOC-3
has been filed with the FMCSA.
- A
completed and signed Form MCS-150 Motor Carrier Identification
Report.
- A
filing fee of $300 for each type of registration requested
in Section III, payable in U.S. dollars on a U.S. bank to
the Federal Motor Carrier Safety Administration, by means
of a check, money order or an approved credit card. Cash
is not accepted.
GENERAL
INSTRUCTIONS FOR COMPLETING THE APPLICATION FORM:
- All
questions on the application form must be answered completely
and accurately. If a question or supplemental attachment
does not apply to the applicant, it should be answered "not
applicable."
- The
application must be typewritten or printed in ink. Applications
written in pencil will be rejected.
- The
application must be completed in English.
- The
completed certification statements and oath must be signed
by the applicant only. For example:
- If
the company is a sole proprietorship, the owner must sign.
- If
the company is a partnership, one of the partners must
sign.
- If
the company is a corporation, an official of the company
must sign (President, Vice President, Secretary, Treasurer,
etc.).
The
same person must sign the oath and certifications. An applicant's
attorney or any other representative is not permitted to sign.
- Use
the attachment pages included, as appropriate, to provide
any descriptions, explanations, statements or other information
that is required to be furnished with the application. If
additional space is needed to respond to any question, please
use separate sheets of paper. Identify continuation sheets
by using headings that show both the number of the page
of the revised OP-2 form or Attachment page on which the
question or response appears and the item number of the
question.
- Include
only the city code and telephone number for Mexican telephone
phone numbers. Do not include the Mexico international
access code (011-52).
ADDITIONAL
ASSISTANCE
FORM
OP-2 OR MCS-150
Call 001 (800) 832-5660 for additional information on obtaining
FMCSA registration numbers (USDOT or MX) or to monitor the
status of an application.
SAFETY
RATINGS
For information concerning a carrier's assigned safety rating,
call: 001 (800) 832-5660.
U.S.
DOT HAZARDOUS MATERIALS REGULATIONS
To obtain information on whether the commodities an applicant
intends to transport are considered as hazardous materials:
Refer
to the provisions governing the transportation of hazardous
materials found under Parts 100 through 180 of Title 49 of
the Code of Federal Regulations (CFR), particularly the Hazardous
Materials Table at 49 CFR § 172.101 or visit the U.S. DOT,
Research and Special Programs Administration web site: http://hazmat.dot.gov.
The web site also provides information about DOT hazardous
materials transportation registration requirements.
SPECIFIC
INSTRUCTIONS FOR COMPLETING EACH SECTION OF THE APPLICATION
FORM
SECTION
I - APPLICANT INFORMATION
APPLICANT'S
LEGAL BUSINESS NAME and DOING BUSINESS AS NAME. The applicant's
name should be the applicant's full legal business name --
the name on the incorporation certificate, partnership agreement,
tax records, etc. If the applicant uses a trade name that
differs from its official business name, indicate this under
"Doing Business As Name." Example: If the applicant is John
Jones, doing business as Quick Way Trucking, enter "John Jones"
under LEGAL BUSINESS NAME and "Quick Way Trucking" under DOING
BUSINESS AS NAME.
Because
the FMCSA uses computers to retain information about licensed
carriers, it is important to spell, space, and punctuate any
name the same way each time the applicant writes it. Example:
John Jones Trucking Co., Inc.; J. Jones Trucking Co., Inc.;
and John Jones Trucking are considered three separate companies.
BUSINESS
ADDRESS/MAILING ADDRESS. The business address is the physical
location of the business in Mexico. Example: El Camino Real
#756, Guadalajara, Jalisco, Mexico. Please include the Mexican
"colonia" or "barrio."
If
applicant receives mail at an address different from the business
location, also provide the mailing address. Example: P. O.
Box 3721. NOTE: To receive FMCSA notices and to ensure
that insurance documents filed on applicant's behalf are accepted,
notify in writing the Federal Motor Carrier Safety Administration,
Room 8218, 400 7th Street, SW., Washington, DC 20590, if the
business or mailing address changes. If applicant also maintains
an office in the United States, that information should also
be provided.
REPRESENTATIVE.
If someone other than the applicant is preparing this form,
or otherwise assisting the applicant in completing the application,
provide the representative's name, title, position, or relationship
to the applicant, address, and telephone and FAX numbers.
Applicant's representative will be the person contacted if
there are questions concerning this application. Do not include
the "colonia" or "barrio" unless the address is in Mexico.
U.S.
DOT NUMBER. Applicants are required to obtain a U.S. DOT
Number from the U.S. Department of Transportation (U.S. DOT)
before initiating service. Motor carriers that already have
been issued a U.S. DOT Number should provide it. Applicants
that have not previously obtained a U.S. DOT Number will be
issued a U.S. DOT number along with their provisional Certificate
of Registration.
NOTE:
A completed and signed Form MCS-150 Motor Carrier Identification
Report must be submitted separately with this application.
FORM
OF BUSINESS. A business is a corporation, a sole proprietorship,
or a partnership. If the business is a sole proprietorship,
provide the name of the individual who is the owner. In this
situation, the Owner is the registration applicant. If the
business is a partnership, provide the full name of each
partner.
SECTION
IA - ADDITIONAL APPLICANT INFORMATION
All
applicants must answer each question in this section. Applicants
cannot obtain a Certificate of Registration unless registered
with the Mexican Government's Secretaria de Comunicaciones
y Transportes (SCT). Therefore, if the applicant is in the
process of obtaining an SCT registration, indicate the date
that the applicant applied. When the applicant receives its
SCT registration, it must supplement this OP-2 application
with that information, including its RFC Number (Registro
Federal de Contribuyente if the applicant is a company. Registro
Federal de Causante, if applicant is an individual), before
the FMCSA will issue a Certificate of Registration. If the
applicant currently holds a valid Certificate of Registration
and is updating this application as required by 49 CFR 368.5,
the SCT Registration information, including the RFC Number,
is also required. FMCSA will not suspend an existing Certificate
of Registration while an applicant is applying for SCT registration.
SECTION
II - AFFILIATIONS INFORMATION
All
applicants must disclose pertinent information concerning
any relationships or affiliations which the applicant has
had with other entities registered with FMCSA or its predecessor
agencies. Applicant must indicate whether these entities have
been disqualified from operating commercial motor vehicles
anywhere in the United States pursuant to Section 219 of the
Motor Carrier Safety Improvement Act of 1999.
SECTION
III - TYPE(S) OF REGISTRATION REQUESTED
Check
the appropriate box(es) for the type(s) of registration the
applicant is requesting. For purposes of this application,
for-hire motor carrier means an entity that is transporting
the goods of others, and a motor private carrier is an entity
that is transporting its own goods, including an entity that
is not a for-hire carrier but is providing interstate transportation
under an agreement or contract with a shipper or other business.
A
separate filing fee is required for each type of registration
requested.
If
the applicant is re-registering, do not complete Section III
unless applicant is requesting a new type of authority. Please
refer to the following for a description of the commercial
zones:
COMMERCIAL
ZONES UNITED STATES/MEXICO PORTS OF ENTRY
Commercial
zones, unless otherwise defined, are determined through a
formula dependant upon the population of the municipality
(49 CFR 372, Subpart B). The commercial zones for all United
States/Mexico ports of entry allow for transportation from
the corporate limits of the municipality as follows:
| Limits |
Location |
Population |
Commercial
Zone |
| Arizona |
Douglas |
13,270 |
4
miles |
| Arizona |
Lukeville |
65 |
3
miles |
| Arizona |
Naco |
1,000 |
3
miles |
| Arizona |
Nogales |
19,745 |
4
miles |
| Arizona |
San
Luis |
6,405 |
4
miles |
| Arizona |
Sasabe |
37 |
3
miles |
| California |
Andrade |
20 |
3
miles |
| California |
Calexico |
22,246 |
4
miles |
| California |
Otay
Mesa |
Unknown |
20
miles |
| California |
San
Diego |
1,110,500 |
20
miles |
| California |
Tecate |
212 |
20
miles (Considered a part of the San Diego commercial zone.) |
| New
Mexico |
Columbus |
N/A |
The
area comprised of Dona Ana and Luna counties. |
| New
Mexico |
Santa
Teresa |
Unknown |
The
area comprised of Dona Ana and Luna counties. |
| Texas |
Brownsville |
266,600
(Population based upon Brownsville-Harlingen metropolitan
area.) |
(see
note #1) |
| Texas |
Del
Rio |
30,705 |
6
miles |
| Texas |
Eagle
Pass |
20,651 |
4
miles |
| Texas |
El
Paso |
592,400 |
15
miles |
| Texas |
Fabens |
1,599 |
3
miles |
| Texas |
Hidalgo |
384,800
(Population based upon McAllen-Edinburg-Mission metropolitan
area.) |
(see
note #1) |
| Texas |
Laredo |
126,300 |
8
miles |
| Texas |
Presidio |
3,072 |
4
miles |
| Texas |
Progresso |
1,951 |
(see
note #1) |
| Texas |
Rio
Grande City |
9,891 |
(see
note #1) |
| Texas |
Roma |
8,059 |
(see
note #1) |
Note
#1
Cameron, Hidalgo, Starr and Willacy Counties, Texas
Transportation within a zone comprised of Cameron, Hidalgo,
Starr and Willacy Counties, Texas, by motor carriers of property,
in interstate or foreign commerce, not under common control,
management, or arrangement for shipments to or from points
beyond such zone, is partially exempt from regulation under
49 U.S.C. §13506.
To
the extent that commercial zones of municipalities within
the above four counties extend beyond the boundaries of such
commercial zones, they shall be considered to be part of the
zone and partially exempt from regulation under 49 U.S.C.
§13506.
SECTION
IV - INSURANCE INFORMATION
Check
the appropriate box(es) that describes the type(s) of business
applicant will be conducting.
If
applicant is applying for motor property carrier registration
and operates vehicles with a gross vehicle weight rating of
10,000 pounds or more and hauls only non-hazardous materials,
applicant must maintain $750,000 minimum liability coverage
for the protection of the public. Hazardous materials referred
to in the FMCSA's insurance regulations in item (c) of the
table at 49 CFR 387.303 (b)(2) require $1 million minimum
liability coverage; those in item (b) of the table at 49 CFR
387.303 (b)(2) require $5 million minimum liability coverage.
If
applicant operates only vehicles with a gross vehicle weight
rating under 10,000 pounds, applicant must maintain $300,000
minimum liability coverage. If applicant operates only such
vehicles but will be transporting any quantity of Division
1.1, 1.2 or 1.3 explosives; any quantity of poison gas (Division
2.3, Hazard Zone A, or Division 6.1, Packing Group 1, Hazard
Zone A materials); or highway route controlled quantity of
radioactive materials, applicant must maintain $5 million
minimum liability coverage.
The
FMCSA does not furnish copies of insurance forms. Applicant
must contact its insurance company to obtain all required
insurance forms.
Applicant
does not have to submit evidence of insurance with the application.
If applicant is issued a Certificate of Registration, the
following must be on each of its vehicles when crossing the
border:
- a
current DOT Form MCS-90, and
- evidence
of insurance. The evidence of insurance must show either
trip insurance coverage (24 hours or more coverage), or
evidence of continuing insurance.
SECTION
V - SAFETY CERTIFICATIONS
Applicants
for motor carrier registration must complete the safety certifications.
Applicant should check the "YES" response only if it can attest
to the truth of the statements. The carrier official's signature
at the end of this section applies to the Safety Certifications.
The "Applicant's Oath" at the end of the application form
applies to all certifications. False certifications are subject
to the penalties described in that oath.
If
applicant is exempt from the U.S. DOT safety fitness regulations
because applicant operates only vehicles with a gross vehicle
weight rating under 10,001 pounds, and it will not transport
any hazardous materials, applicant must certify that it is
familiar with and will observe general operational safety
fitness guidelines and applicable State, local and tribal
laws relating to the safe operation of commercial vehicles.
Applicants
should complete all applicable Attachment pages and, if necessary
to complete the responses, attach additional pages referring
to the appropriate Sections and items in the application or
Attachment pages. If applicant is exempt from the U.S. DOT
safety fitness regulations, applicant must complete all relevant
attachment pages to demonstrate its willingness and ability
to comply with general operational safety fitness guidelines
and applicable State, local and tribal laws.
SECTION
VI - HOUSEHOLD GOODS ARBITRATION CERTIFICATIONS
For-hire
carriers of property operating entirely in commercial zone
areas that intend to transport household goods as defined
in 49 U.S.C. 13102 (10) must certify their agreement to offer
arbitration as a means of settling loss and damage claims
as a condition of registration. The signature should be that
of the same company official who completes the Applicant's
Oath.
SECTION
VII - COMPLIANCE CERTIFICATIONS
All
applicants are required to certify accurately to their willingness
and ability to comply with statutory and regulatory requirements,
to their tax payment status, and to their understanding that
their agent for service of process is their official representative
in the U.S. to receive filings and notices in connection with
enforcement of any Federal statutes and regulations.
Applicants
are required to certify their willingness to produce records
for the purpose of determining compliance with the applicable
safety regulations of the FMCSA.
Applicants
are required to certify that they are not now disqualified
from operating a commercial motor vehicle in the U.S. pursuant
to the Motor Carrier Safety Improvement Act of 1999.
Applicants
are required to certify that they are not now prohibited from
filing an application because a previously granted FMCSA registration
is currently under suspension or was revoked less than 30
days before the filing of this application.
SECTION
VIII - APPLICANT'S OATH
The
applicant or an authorized representative may prepare applications.
In either case, the applicant must sign the oath and all
safety certifications. (For information on who may sign,
see "General Instructions for Completing the Application Form"
in the instructions for this application.)
LEGAL
PROCESS AGENTS
All
motor carrier applicants must designate a process agent in
each State where operations are conducted. For example, if
applicant will operate only in commercial zones along the
U.S./Mexico border that are located in CA and AZ, applicant
must designate an agent in each of those States; if applicant
will operate only in one State, an agent must be designated
only in that specific State. Process agents who will accept
filings and notices on behalf of the applicant are designated
on FMCSA Form BOC-3. Form BOC-3 must be filed with the application,
unless applicant uses a Process Agent Service. If applicant
opts to use a Process Agent Service, applicant must submit
a letter with the application informing the FMCSA of this
decision and have the Process Agent Service electronically
file the BOC-3 with FMCSA within 90 days after applicant submits
its application. Applicants may not begin operations unless
the Form BOC-3 has been filed with the FMCSA.
STATE
NOTIFICATION
Before
beginning operations, all applicants must contact the appropriate
regulatory agencies in every State in which the carrier will
operate to obtain information regarding various State rules
applicable to interstate registrations. It is the applicant's
responsibility to comply with registration, fuel tax, and
other State regulations and procedures. Please refer to the
additional information provided in the application packet
for further information.
MAILING
INSTRUCTIONS:
To
file for registration applicant must submit an original and
one copy of this application with the appropriate filing fee
to FMCSA. Note: Retain a copy of the completed application
form and any attachments for the applicant's records.
Mailing
address for applications:
FOR
REGULAR MAIL (CHECK OR MONEY ORDER PAYMENT)
Federal Motor Carrier Safety Administration
P.O. Box 70935
Charlotte, NC 28272-0935
FOR
EXPRESS MAIL (CHECK OR MONEY ORDER PAYMENT)
QLP Wholesale Lockbox - NC0810
Lockbox #70935
1525 West WT Harris Blvd.
Charlotte, NC 28262
FOR
CREDIT CARD PAYMENT
FMCSA Trans-border Office
2297
Niels Bohr Ct, Suite 204
San Diego, CA 92154
FOR
RE-APPLICATION (NO PAYMENT REQUIRED)
FMCSA Trans-border Office
P.O. Box 530870
San Diego, CA 92153-0870
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