MCS-150A Application Instructions
Section 210(a) of the Motor Carrier Safety Improvement Act (MCSIA)
of 1999, now codified as 49 U.S.C. 31144(f), requires the Secretary
of Transportation to establish regulations specifying minimum requirements
for applicant motor carriers seeking federal interstate operating
authority. As a result, all new entrant motor carriers beginning their
operation on or after January 1, 2003, must now file a Form MCS-150A,
Safety Certification for Application for U.S. DOT Number. A New Entrant
is defined as a motor carrier not domiciled in Mexico that applies
for a United States Department of Transportation (DOT) identification
number in order to initiate operations in interstate commerce.
This safety certification is a one-time responsibility for all new
entrant motor carriers, which must be filed before the carrier begins
operations. The form is completed in conjunction with the existing
MCS-150, Motor Carrier Identification Report, and requires applicants
to certify that they have adequate knowledge and procedures in place
to comply with the Federal Motor Carrier Safety Regulations (FMCSR)
and the Hazardous Materials Regulations (HMR). Active motor carriers
in operation prior to January 1st and individuals applying for a U.S.
DOT number for registration purposes only in the Performance and Registration
Information Systems Management (PRISM) program are not subject to
the certification process.
The public reporting burden for the collection of information on the
MCS-150A form is estimated by the FMCSA to average 9 minutes per response.
Please note that an agency may not conduct or sponsor, and a person
is not required to respond to a collection of information unless it
displays a currently valid OMB control number. The OMB control number
for this collection is covered under the same control number as the
MCS-150, OMB No. 2126-0013.
If you wish to comment on the accuracy of the estimate or make suggestions
for reducing this burden, please direct your comments to the FMCSA
at the following address: Federal Motor Carrier Safety Administration,
Bus & Truck Standards & Operations, 400 7th Street SW, Washington,
D.C. 20590.
Safety Certification for Application for U.S. DOT Number
Sections 1 through 17
Sections 1 through 17 correspond with information completed on the
Motor Carrier Identification Report, form MCS-150. These fields will
be automatically populated with the information included on your MCS-150
form.
Section 18 - SAFETY CERTIFICATIONS (Applicants subject to
the FMCSRs must complete certification item(s) 18A through 18C).
Educational and technical assistance material regarding the requirements
of the FMCSRs and HMRs is available to all applicants. This material
can help the new entrant motor carrier operate safely by understanding
Federal regulations and establishing systems to ensure compliance
with the FMCSRs. Applicants should access the FMCSA's A Motor Carrier's
Guide to Improving Highway Safety by selecting keyword "Educational
and Technical Assistance" from the top right drop down box on the
FMCSA web page at www.fmcsa.dot.gov.
Applicants who have questions or are not familiar with the text of
the following required certifications should reference the educational
packet and the FMCSRs prior to completing this application.
18A. Applicants must certify that they maintain copies of applicable
regulations, understand and comply with the regulations, and have
ensured their employees are familiar with the requirements. Copies
of the regulations may be obtained from printing firms, State motor
carrier associations, or other sources.
18B. Tasks and Measures:
- Driver Qualifications:
- Applicants must certify they have made assurances that all
their drivers of commercial motor vehicles meet the minimum
qualifications specified in 49 CFR Parts 383 and 391, if applicable,
and are properly licensed for the vehicle driven. The applicant's
response certifies that they are knowledgeable about the requirements
and the specific exemptions for certain drivers.
- Applicants must certify that investigations of each driver's
employment record and driver's driving record for the preceding
three years are being conducted at the time of employment
in accordance with Section 391.23. These investigations must
be made within 30 days of the date employment begins. The
applicant's response certifies that they are knowledgeable
about the requirements and the specific exemptions for certain
drivers.
- Applicants must certify that, at least once every 12 months,
the motor carrier is reviewing the driving record of each
driver. A note stating the results of this review shall be
included in the Driver's Qualification File. The applicant's
response certifies that they are knowledgeable about the requirements
and the specific exemptions for certain drivers.
- Applicants must certify that all drivers are at least 21
years of age, except for those meeting the 391.2 exemption
for farm custom operations, apiarian industries, and certain
farm vehicle drivers. In these instances, the applicant's
response certifies that they are knowledgeable about the requirements
and the specific exemptions for certain drivers.
- Applicants must also be able to certify that all drivers
will possess only one valid commercial motor vehicle operator's
license. In instances where drivers are operating commercial
vehicles not subject to the commercial driver's license (CDL)
requirements of Part 383, the applicant's response certifies
that they are knowledgeable about the licensing requirements
and are aware that their driver's are required to have a valid
operator's license.
- Hours of Service:
- Applicants must certify that they have implemented procedures
to maintain and review drivers' records of duty status for
violations of Part 395 of the FMCSRs. The applicant's response
certifies that they are knowledgeable about the requirements
and applicable exceptions.
- Applicants must certify that they have ensured drivers are
knowledgeable of the hours-of-service requirements and will
comply with the Part 395 regulations, as applicable. Specifically,
this certification ensures the applicant motor carrier and
its drivers are familiar with and abiding by the 10-hour,
15-hour, and 60 and 70-hour rules. The hours of service rules
apply to all motor carriers and drivers, with exceptions found
in Section 395.1. Applicants operating under these exceptions
must certify that they are knowledgeable about the specific
circumstances under which some drivers may be excepted from
the hours of service requirements in 49 CFR Part 395.
- Drug and alcohol testing:
Applicants must certify that they are knowledgeable about and
complying with the drug and alcohol regulations in 49 CFR Part
382, if applicable. These requirements include pre-employment,
post-accident, random, reasonable suspicion, return-to-duty, and
follow-up testing. Drivers required to have a Commercial Driver's
License (CDL) are subject to the controlled substance and alcohol
testing rules. This requirement extends to those drivers currently
covered by the rule, including interstate and intrastate truck
and motor coach operations.
Exceptions from these requirements are outlined in 49 CFR § 382.103(d).
Applicants operating under these exceptions are not required to
certify to these requirements and should respond "not applicable"
(N/A) on the MCS-150A.
- Vehicle condition:
- Every motor carrier shall systematically inspect, repair,
and maintain, or cause to be systematically inspected, repaired,
and maintained, all motor vehicles subject to its control
as required by 49 CFR Part 396. Motor carriers must maintain
the following information for every vehicle they have controlled
for 30 days or more:
- Identifying information, including company number, make,
serial number, year, and tire size
- A schedule of inspections to be performed, including
type and due date
- Inspection, repair, and maintenance records
- Records of tests conducted on buses with pushout windows,
emergency doors, and marking lights.
- Every commercial vehicle, including each segment of a combination
vehicle, is also required to receive a periodic inspection
meeting the requirements of Section 396.17 at least once every
12 months. Prior to requiring or permitting a driver to operate
or continue to operate a commercial vehicle, every motor carrier
or its agent shall ensure repairs are made to any violations
and defects listed on inspection reports. This requirement
includes, but is not limited to, violations listed on roadside
vehicle inspections and driver daily vehicle inspection reports.
- Accident monitoring program:
- Motor carriers shall maintain for a period of one year after
an accident occurs, an accident register containing at least
the information outlined below.
A list of accidents containing for each accident:
- Date of accident, city or town in which or most near where
the accident occurred and the State in which the accident
occurred, driver name, number of injuries, number of fatalities,
and whether hazardous materials, other than fuel spilled
from the fuel tanks of motor vehicles involved in the accident,
were released.
- Copies of all accident reports required by State or other
governmental entities or insurers.
- Applicants must ensure they have established accident countermeasures
and driver training programs to reduce accidents. The FMCSA
Accident Countermeasures Manual may be accessed here.
This manual was developed to assist motor carriers in analyzing
their accidents and incidents, and developing strategies to
eliminate future occurrences
- Production of records:
All records and documents required by the FMCSRs shall be made available
for inspection within 48 hours of a request by a special agent or
authorized representative of the Federal Motor Carrier Safety Administration
as required by 49 CFR § 390.29.
- Hazardous Materials (to be completed by carriers of hazardous
materials only).
- Applicants transporting hazardous materials must certify that
they are fully aware of the requirements found in the U.S. DOT
Hazardous Materials Regulations and have established training
programs for personnel. A motor carrier that transports a hazardous
material, whether interstate or intrastate, must comply with
the Federal Hazardous Materials Regulations, 49 CFR 171-180.
These regulations include requirements such as registration,
training, shipping papers, labels, placards, and packages.
A hazmat employer shall ensure that each of its hazmat employees
is trained in accordance with the requirements prescribed in
subpart H of Part 172 and 49 CFR 177.816. The purpose of the
training requirements in Part 172 Subpart H of the Hazardous
Materials Regulations (HMR) is to ensure that each hazmat employer
trains its hazmat employees to safely load, unload, handle,
store and transport hazardous materials. Hazardous materials
training must include general awareness/familiarization, function-specific,
safety, and modal specific training (such as Driver Training).
In addition, the driver must receive training on the safe operation
of the motor vehicle that will be transporting hazardous materials
in accordance with § 177.816.
- Periodic testing of reusable packagings, including cylinders,
cargo tanks, and intermediate bulk containers, is necessary
to ensure that the packaging continues to perform to the specifications
to which it was originally constructed. For example, cargo tanks
require periodic retesting according to the table in § 180.407,
while § 180.205 contains the general requirements for requalification
of cylinders. You should be aware of the tests and times of
testing required for the packagings you use.
- Each person who provides the shipping paper must retain a
copy of the shipping paper required by §172.200(a), or an electronic
image thereof, that is accessible at or through its principal
place of business. For a hazardous waste, the shipping paper
copy must be retained for three years after the material is
accepted by the initial carrier. For all other hazardous materials,
the shipping paper copy must be retained for 375 days after
the material is accepted by the initial carrier.
- Hazardous materials carriers must have procedures in place
to ensure commercial vehicles are properly marked and placarded
for the material being transported. Placards and labels provide
hazard class information. Markings are placed on hazardous materials
packaging and transport vehicles to convey identification numbers
and information that labels and placards do not provide. The
placarding provisions contained in Part 172, Subpart F apply
to each person who offers a hazardous material for transport,
or who transports a hazardous material subject to the Hazardous
Materials Regulations. The Hazardous Materials Regulations (HMR)
require most vehicles hauling hazardous materials to be placarded.
Placards alert people to the potential dangers associated with
the particular hazmat contained in a motor vehicle, freight
container, cargo tank or portable tank. Placards also help emergency
response personnel properly identify and respond to potential
hazards when responding to a hazardous materials incident.
- No person required to file a registration statement, under
49 CFR Part 107, Subpart G, may transport hazardous materials
or cause them to be transported or shipped without a current
annual Certificate of Registration on file. Carriers may register
with the Research and Special Programs Administration (RSPA)
by contacting the registration program at (202) 366-4109 or
the hazardous materials information center at (800) 467-4922.
- For Cargo Tank (CT) Carriers of HM:
Carriers operating specification cargo tanks must ensure the tanks
are tested and inspected as specified in 49 CFR Part 180. This includes
external visual, internal visual, and lining inspections, as well
as pressure and thickness tests. Facilities/individuals conducting
this testing and inspection must be registered with the Department
of Transportation to conduct these activities as required by 49
CFR Part 107, Subpart F. Registration is required for persons engaged
in the manufacture, assembly, inspection and testing, certification,
or repair of a cargo tank or a cargo tank motor vehicle manufactured
in accordance with a DOT specification
18C. All applicants must certify as follows:
- Applicants must certify that they can and will provide the type
of operations or service that they are identifying in this application
and will comply with statutory and regulatory requirements and
regulations issued or administered by the U.S. Department of Transportation.
- Applicants must certify that they can and will produce all documents
requested to evaluate their compliance with federal statutes and
regulations. All records and documents must be made available
for inspection within 48 hours of a request by a special agent
or authorized representative of the Federal Motor Carrier Safety
Administration, as required by 49 CFR § 390.29.
- Applicants must be able to certify that they are currently qualified
to operate commercial vehicles in the United States. An applicant's
"YES" response to this certification verifies that they are not
presently disqualified from operating commercial vehicles.
19. Certification Statement (to be completed by an authorized official).
In the space provided, type the name of the official authorized to
sign documents on behalf of the entity listed in Block 1. This individual
must then sign, date, and show his or her title in the spaces provided.
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