Mexican Safety

Miscellaneous

How long does it take to get an MX number, Certificate of Registration and USDOT number?
The time it takes to obtain an MX number varies depending on the application submitted and how the application is submitted.
OP-2: if the application is complete it can be processed in 4-8 weeks.
OP-1(MX): If the application is complete, it can be processed in 4-8 weeks. However, once the application is processed, the carrier must submit to and pass a Safety Audit. Once the audit is successfully completed, the carrier will be notified of the results and of the requirement to submit evidence of insurance to FMCSA. At the same time, the carrier’s information is published in the FMCSA Register to allow for a 10 day protest period. At the end of that protest period and upon receipt of evidence of insurance and the BOC-3, Designation of Process Agent form, the provisional authority will be issued. At this time, it is unclear how much additional time this will take.

However, if an application is submitted and it is not completed correctly, it will be sent back to the motor carrier for correction. When the corrections are returned, they are entered in the order they are received along with any new applications that are received.

I haul for a maquila company. Am I a private carrier?
Generally the answer is no. A maquila is a company that manufactures items. In the maquila industry, raw materials are sent to Mexico, they are made into a final product, and then returned to the U.S. for distribution. The agreement is that nothing made in a maquila has been imported into Mexico, therefore, it can’t be sold in Mexico. It must be exported back to the foreign owner.
Follow up questions must be asked of the carrier:

a. Do you own the merchandise? Normally, the maquila owns only the labor. The merchandise is owned by a U.S. entity.

b. Is the maquila actually the trucking company or are you contracted by the maquila? This is normally the situation - contract carrier. It does not matter if the same person owns the maquila as owns the trucking company. They are usually separate and distinct entities. Foreigners who are not Mexican citizens usually own the maquilas and non-Mexican citizens cannot own transportation companies in Mexico.

I have authority to go beyond the commercial zone now, but I heard I need to reapply, what form do I need and how do I get it?
You will need to submit an OP-1(MX) The deadline to submit an OP-1(MX) to renew a current Operating Authority for operations beyond the commercial zone is November 4, 2003. The FMCSA may suspend or revoke the Operating Authority of any carrier that fails to meet this deadline.

Your current Operating Authority would remain valid until the FMCSA acts on your OP-1(MX) application.

Mexico-domiciled carriers can obtain a copy of the application package: 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) or any FMCSA Division office and requesting the OP-1(MX) application package or through the FMCSA, web site on the Internet at: http://www.fmcsa.dot.gov/mcusBcz.htm or call the Transborder Office at 619-710-8400.

I have authority to operate in the commercial zone now, but I heard I need to reapply, what form do I need and how do I get it?
If you company is based in Mexico and you wish to continue operating only in the commercial zones, an application should have been submitted before the deadline, to avoid paying the fee. The deadline to submit an OP-2, to renew a current Certificate of Registration was October 20, 2003. However, if you wish to change from operating in the commercial zones to beyond the commercial zones you should file the OP 1 (MX) and pay the fee.

You should be aware however, that if you decide to file an OP-1(MX), and the land transportation provisions of the North American Free Trade Agreement (NAFTA) are not implemented, you may lose your ability to renew your current Certificate of Registration at no charge.
Mexico-domiciled carriers can obtain a copy of the application package: 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) or any FMCSA Division
office and requesting the OP-2 application package or through the FMCSA, web site on the Internet at: http://www.fmcsa.dot.gov/mcuscz.htm or at the Transborder Office at 619-710-8400.

I have two companies. One in the U.S. and one in Mexico. Which application do I need?
Both companies need their own authority. Although both companies may have the same owners and corporate officers, they are considered to be separate companies located in different countries. The Mexico domiciled carrier needs an OP-2 or OP-1(MX) application. The U.S. domiciled carrier or enterprise carrier must fill out the standard OP-1 application. The Motor Carrier must pay the fee indicated on the application.

I have been crossing the border for many years and have never needed an MX number, Certificate of Registration or USDOT number before. is this something new?
No. The MX number, Certificate of Registration and USDOT number has been in place since 1982.

I read in the paper that the border was opened. Does this mean I can go anywhere in the U.S. that I want?
Once the land transportation provisions of NAFTA are implemented, you will be able to apply for an OP-1(MX) and receive authority to perform transportation services throughout the United States.

What happens if I operate without authority?
A number of things could happen if you operate without authority. Under 49 CFR 392.9a (b) requires that carriers operating without authority or beyond the scope of their authority can be put Out of Service. A company operating without authority is also subject to fines.

Is the commercial zone 20 miles?
No, commercial zones are defined in 49 CFR 372, Subpart B. Some zones are identified by name. The population of the municipality determines those that are not identified in 49 CFR 372, Subpart B. The OP-2 application has a list of the border crossings and associated commercial zones.

My certificate of registration says I can carry exempt commodities. What are exempt commodities?
In general, exempt commodities are things that have not been processed in any way such as fresh produce. There is a partial list of non-exempt commodities in 49 CFR 372.115. There is an additional list of exempt and non-exempt commodities in Administrative Rule 119, which can be found on our website: http://www.fmcsa.dot.gov/pdfs/adminrule.pdf

May a Mexican carrier lease its equipment to a U.S. company?
A Mexico-domiciled motor carrier may lease its equipment to a U.S. motor carrier only for operations within the commercial zones, provided the carrier complies with the leasing requirements found in 49 CFR Part 376. A copy of the lease must be carried on the vehicle. A Mexico-domiciled motor carrier may not lease its equipment to a U.S. motor carrier for operations beyond the commercial zones. Any Mexico-domiciled motor carrier who enters into such a lease for operations beyond the commercial zones is subject to penalties, including out of service orders.

Can a U.S. company lease its equipment to a Mexican company?
Yes, there is no prohibition against a U.S. company leasing their equipment to a Mexican company for operations in the United States. They would need to comply with the leasing regulations in 49 CFR 376, Subpart B. However, if this vehicle is going to be operated in Mexico, both companies need to verify the vehicle leasing regulations in Mexico with the Secretaría de Comunicaciones y Transportes (SCT).

Can a Mexican company lease its equipment to another Mexican company?
Yes, one Mexican company can lease its equipment to another Mexican company for operations in the United States. They would need to comply with the leasing regulations in 49 CFR 376, Subpart B.

Once I submit my application, can I begin operating in the U.S.?
No, you must wait until you receive the Certificate of Registration for commercial zone operations or an Operating Authority for operations beyond the commercial zone. Until such documentation is issued, you may not operate. All commercial zone carriers must carry a copy of the Certificate of Registration in each and every vehicle when crossing into the U.S.

May a Mexican carrier operate in the U.S. with a copy of the completed OP-2 application in the vehicle?
A Mexican carrier may choose to carry a copy of his completed application on board the vehicle, but this does not comply with the regulatory requirement. The requirement is for the carrier to have on board the vehicle, a copy of the Certificate of Registration (commercial zone carriers).

Does a copy of the front page of the MX certificate of registration satisfy the regulation 387.303(b)(4) or must a carrier have all of the pages of the certificate on board the vehicle?
No, the front page does not satisfy the requirement of having the Certificate of Registration on board the vehicle. The regulation says that the carrier must have the Certificate of Registration. The newest Certificates of Registration are one page documents.

May I go into other states and make deliveries?
If you are still operating on a certificate issued prior to April 18, 2002, then your Certificate of Registration will indicate in which states you may operate. If your certificate was issued after April 18, 2002, then you may operate in those states where you have an agent of process. If you are unsure where you have an agent of process, the information can be found at http://li-public.fmcsa.dot.gov.

In no case is a Mexican motor carrier allowed to perform domestic interstate transportation between points in the U.S.

I use a pick-up truck (small van, car, tow truck, etc) to bring my merchandise from Mexico to the U.S. Do I need an MX number?
Yes, for Authority issues, the size of the vehicle is irrelevant.

I have a company in Mexico and a company in the United States. My trucks have both Mexico and U.S. license plates. Can I put my MX number and my MC number on the same truck?
No. A single company cannot claim multiple places of domicile and therefore would not be entitled to have both numbers. The vehicle must be marked in accordance with 49 CFR 390.21. that requires the placement of a
USDOT number. Please see: http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/390.21.htm

I have a bus company in Mexico and I want to provide service to all areas in California and to Las Vegas, NV. Do I need an MX Authority and how long will it take to get my Authority?
Yes, you must file an OP-1(MX) for motor passenger carrier authority beyond the commercial zone. How long it will take to get your authority will vary depending upon whether the application is completed correctly or not. An application that is completed correctly can be processed significantly faster.

However, if an application is submitted and it is not completed correctly, it will be sent back to the motor carrier for correction. When the corrections are returned, they are entered in the order they are received along with any new applications that are received.

Additionally, no authority will be issued for operations beyond the zone until the land transportation provisions of NAFTA have been implemented.

How do I change the type of authority I have?
You may file for any additional authorities if you want. You must submit a new OP-2 and pay the fee that is indicated on the application.

Must the files that I maintain in order to comply with the FMCSRs be in English?
No, there is no regulatory requirement that files be kept in English. However, any time a specific form is identified by name/number (i.e. MCS-90) the only approved form is in English.

A driver with residence in Mexico drives for a U.S. company. Does that driver need a state issued commercial drivers license?
Yes, the driver needs a license from his place of residence. Licensing is not dependent on place of employment.

Are logbooks required for Mexican drivers of commercial vehicles, when operating in their country?
The Secretaria de Comunicaciones y Transportes (SCT) regulates motor carrier operations in Mexico. We cannot answer that question. You might check the SCT website for more information http://www.sct.gob.mx

Must a driver from Mexico have a record of duty status available for inspection when operating in the United States?
A driver from Mexico is subject to the same record of duty status requirements as any other driver operating in the United States. If they are operating within a 100-air mile radius of their home terminal, they may take advantage of the 100-air mile radius exemption in 49 CFR 395.1(e). However, if they are operating beyond a 100-air mile radius or do not meet the requirements of the previously mentioned exemption, then they must have a record of duty status current on the day of inspection.

My truck was inspected and there were some violations discovered. How long do I have to fix the violations?
A violation that resulted in the truck being placed out of service must be corrected before the vehicle can operate again. Other violations discovered must be corrected before the next dispatch. The report needs to be sent within 15 days.

I do not work for a local company and I have not given them the inspection report yet. Do I still need to make the repairs?
Yes, the repairs need to be made. Further, the regulations say that if the driver is not going to return to the motor carrier’s terminal or facility, the driver must mail the inspection report to the carrier. Also, the carrier must certify, on the inspection form, that the repairs have been made and return the form to the FMCSA.

I want to take my truck into Mexico, what do I need?
We do not regulate what happens in Mexico. The Secretaria de Comunicaciones y Transportes (SCT) regulates truck traffic in Mexico. You would need to contact them for the requirements in Mexico. You might check the SCT website for telephone numbers and information http://www.sct.gob.mx

What is CFR?
CFR is the acronym for the Code of Federal Regulations. These contain Federal Motor Carrier Safety Regulations.