• The application process,
• Operations under a provisional Certificate of Registration, and
  
• Operations under a permanent Certificate of Registration.
  

• Safety assessment via safety audit (usually on site) and,
• Over-the-road highway performance monitoring via more frequent roadside inspections.
  

• The application process,
  
• Operations under a provisional Certificate of Registration, and
  
• Operations under a permanent Certificate of Registration.
  

• Mexico-domiciled carriers can file online with a credit card at: www.diy.dot.gov
  or
• Through the mail by calling FMCSA's Information Line (001-800-832-5660 from Mexico or
  1-800-832-5660 from the U.S. or Canada) and requesting the OP-2 application package
  or
• Through the FMCSA web site on the Internet at http://www.fmcsa.dot.gov/mcuscz.htm
• Through the Transborder Office (619) 710-8400

• OP-2 Application: An original and one copy of a completed 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.
  
  
• Motor Carrier Identification Report (Form MCS-150): A completed and signed Form MCS-150, Motor Carrier Identification Report. The MCS-150 provides basic information about the carrier's operation necessary to maintain FMCSA's carrier census database.
  Click here.
  
  
• Designation of Agents for Process (Form BOC-3): A carrier must provide a signed and dated Form BOC-3, Designation of Agents for Service of Process, or use a process service agent who will electronically file the BOC-3 within 90 days. The BOC-3 form must show the street addresses for the person(s) designated as the agent(s) for serving notices of enforcement action. A process agent must be designated in each state in which the applicant may operate. The applicant may not begin operations unless the Form BOC-3 has been filed with the FMCSA. Click here.
  
  
  
• Filing Fee: A filing fee of $300 for a registration request, payable in U.S. dollars on a U.S. bank to the FMCSA by means of check, money order or credit card must accompany the application.
  
  

The completed application, fee and above-mentioned documents should be sent to either FMCSA's Trans-border Office (if paying with a credit card) or to FMCSA's Lockbox (if paying by check or money order). The addresses are as follows:

• The required insurance endorsement (Form MCS 90); and
• An insurance identification card, binder or other document issued by an authorized insurer which specified both the affective date and expiration date of the temporary insurance coverage authorized by this excemption.
  
  

Approval of the OP-2 Application

Applicants that have fully met the requirements for completing their OP-2 applications will be notified in writing by FMCSA that their application has been approved. The carrier will also receive:

• A provisional Certificate of Registration that allows the carrier to operate in the commercial zones for a period of 18 months, and
  
• A USDOT number.
  
  

Displaying the USDOT Number
The USDOT number must be displayed on both sides of any vehicle intended for use in the U.S. before operations can begin.

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• A safety assessment via a safety audit (usually on site), and
  
• Safety performance monitoring on U.S. highways via more frequent roadside inspections. Each of these elements is discussed below.

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• Obtain a copy of FMCSA's Educational and Technical Assistance (ETA) Package through the Internet at
  http://www.fmcsa.dot.gov/factsfigs/etaindex.html (English) or http://www.fmcsa.dot.gov/español/eta_sp.htm (Español)
  
• Attend the 1-day Mexico-domiciled Carrier Seminar
• Become familiar with the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs) (if appropriate). These regulations are available through the Internet at:
  (FMCSRs) http://www.fmcsa.dot.gov/rulesregs/fmcsr/fmcsrguide.htm
  (HMRs) http://www.myregs.com/dotrspa
  Then go to Sub-Chapter C: HAZARDOUS MATERIALS REGULATIONS
  Then go to Part 177: Carriage by Public Highway.
  
  

Scheduling the Audit

The FMCSA Division Office assigned to the carrier's business location will contact the carrier to schedule a mutually agreeable time and place for conducting the audit. FMCSA may conduct the audit on site at the carrier's place of business or at another mutually agreeable location. A letter will be sent to the carrier documenting when and where the safety audit will be held.

Participating in the Audit

The objective of the safety audit is to both educate the carrier on compliance with the FMCSRs and HMRs and to determine areas where the carrier might be deficient in terms of compliance. The safety auditor will use a series of questions regarding the carrier's safety management practices and safety performance to ensure that all applicable acute and critical areas of the FMCSRs and HMRs are addressed. Areas covered include the qualification of drivers, driving a motor vehicle, hours of service, inspection, repair, and maintenance, transporting and marking hazardous materials, controlled substance and alcohol use and testing, commercial driver's license standards, and financial responsibility. At the end of the audit, the carrier will receive a report listing any deficiencies that may have been found along with recommendations for correcting those deficiencies. FMCSA will notify the carrier of the results of the audit (Pass or Fail) within 45 days after completion of the audit.

Passing the Audit

If the safety audit reveals that the carrier is in compliance with the FMCSRs and has basic safety management controls in place that are functioning adequately, the carrier will receive a passing score. The Mexico-domiciled carrier's provisional Certificate of Registration will remain in place and its performance will be closely monitored by the FMCSA until the end of the 18-month period.

Failing the Audit

If a carrier fails the audit due to severe safety problems, the lack of adequate safety management controls, and/or non-compliance with the FMCSRs, FMCSA will notify the carrier that it will suspend its registration effective 15 days after the service date of the notice unless the carrier demonstrates, within 10 days, that the safety audit contained material error. If the carrier fails to show a material error in the safety audit, FMCSA will then issue an Order suspending the carrier's provisional Certificate of Registration and notify the carrier that unless it presents evidence of necessary corrective action within 30 days from the service date of the Order, the carrier's provisional Certificate of Registration would be revoked.

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ROADSIDE PERFORMANCE MONITORING

During the 18-month period following issuance of a provisional Certificate of Registration, the FMCSA will track and assess the safety performance of Mexico-domiciled carriers on U.S. highways through a comprehensive roadside performance monitoring system. The major aspects of that system are presented below.

Using Expedited Action Letters to Alert Carriers to Safety Problems

Mexico-domiciled motor carriers that commit certain violations discovered as part of roadside inspections or other means may be subject to an expedited safety audit (if the carrier has not already had one), a compliance review or issued an expedited action letter identifying the violations and directing the carrier to submit a written response demonstrating corrective action. The specific violations that may generate an expedited action letter include:

• Using drivers not possessing, or operating without a valid Commercial Driver's License (CDL) or Licencia Federal de Conductor (LF);
  
• Operating vehicles that have been placed out-of-service (OOS) for Commercial Vehicle Safety Alliance (CVSA) OOS violations without making required repairs;
  
• Involvement in, due to carrier act or omission, a hazardous materials (HM) incident within the U.S. involving highway route controlled quantity of certain HM;
  
• Involvement in, due to carrier act or omission, two or more hazardous materials incidents within the U.S.;
  
• Using a driver who tests positive for drugs or alcohol or who refuses to submit to required drug or alcohol tests;
  
• Operating within the U.S. a motor vehicle that is not insured as required by 49 CFR Part 387;
  
• Having a driver or vehicle OOS rate of at least 50% based upon three inspections within a consecutive 90-day period.
  
• Failure to respond to an agency request for a written response demonstrating corrective action within 30 days will result in suspension of the carrier's provisional Certificate of Registration until the required showing of corrective action is submitted to the FMCSA. Expedited safety audits and the use of expedited action letters will only apply during the 18-month monitoring period.
  

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Operating With A Permanent Certificate of Registration

Mexico-domiciled carriers that demonstrate acceptable levels of safety performance and pass the safety audit will be notified that their Certificate of Registration has become permanent at the end of the 18-month provisional period. Once Mexico-domiciled carriers have been issued permanent Certificates of Registration, they will fall under the same safety requirements and operational procedures applied to U.S. and Canadian carriers.

Mexico-domiciled carriers that currently hold Certificate of Registration for Commercial Zone operations were required to re-apply with the FMCSA by October 20, 2003 in order to continue these operations. If you did not re-apply by October 20, 2003 your Certificate of Registration is inactive and you must file the OP-2 application and $300.00 fee.

There are three key phases for obtaining a Certificate of Registration in order to operate only in the municipalities in the U.S. on the U.S. / Mexico Border or within the commercial zones of such municipalities.

Phase 1 Application Process

Phase 2 Provisional Certificate of Registration

Phase 3 Permanent Certificate of Registration

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