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Instructions for Completing Form OP-1(MX) Application to Register Mexican
Carriers for Motor Carrier Authority To Operate Beyond U.S. Municipalities
and Commercial Zones on the U.S.-Mexico Border
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-1(MX)
is required to be filed by Mexico-domiciled for-hire motor carriers
of passengers or property and motor private carriers who wish to register
to transport property or passengers in the United States beyond U.S.
municipalities on the United States-Mexico border and the commercial
zones of such municipalities.
This form is also
required to be utilized by those Mexico-domiciled persons or entities
who had previously filed applications for registration and who are required
to supplement the information in their original applications by completing
and re-filing the revised Form OP-1(MX).
This form should
not be used for registration by Mexico-domiciled carriers to
perform transportation only in municipalities in the United States on
the United States-Mexico international border or within the commercial
zones of such municipalities. To apply for such registration, complete
and file Form OP-2.
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:
1. An original and
one copy of a completed revised Form OP-1(MX) Application to Register
Mexican Carriers for Motor Carrier Authority To Operate Beyond U.S.
Municipalities and Commercial Zones on the U.S.-Mexico Border, with
all necessary attachments and statements.
2. 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-1(MX), 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.
3. A completed and
signed Form MCS-150 Motor Carrier Identification Report.
4. 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 applicant
on each supplemental page and refer to the section and item number
in the application for each response.
-
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-1(MX)
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 its 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. 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 operating authority.
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 Operating
Authority 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,
the applicant must supplement this OP-1(MX) 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 Operating Authority. If the applicant currently
holds a valid Certificate of Registration and is applying to operate
beyond the U.S.-Mexico border area as required by 49 CFR 365.505, the
SCT Registration information, including the RFC Number, is also required.
The 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, 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.
SECTION IV - INSURANCE
INFORMATION
Check the appropriate
box(es) that describes the type(s) of business the applicant will be
conducting.
If the applicant
is applying for motor passenger carrier registration, check the box
that describes the seating capacity of its vehicles. If all the
vehicles the applicant operates have a seating capacity of 15 passengers
or fewer, the applicant must maintain $1,500,000 minimum liability coverage.
If any one of the vehicles the applicant operates has a seating
capacity of 16 passengers or more, the applicant must maintain $5,000,000
minimum liability coverage.
If the applicant
is applying for motor property carrier registration and it operates
vehicles with a gross vehicle weight rating of 10,000 pounds or more
and hauls only non-hazardous materials, the 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 the applicant operates only vehicles with a gross vehicle weight
rating less than 10,000 pounds, the applicant must maintain $300,000
minimum liability coverage. If the 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, the applicant must maintain $5 million
minimum liability coverage.
Minimum levels of
cargo insurance must be maintained by all motor common carriers in the
amount of $5,000 for loss of or damage to property carried on any one
motor vehicle, and $10,000 for loss of or damage to property occurring
at any one time and place.
Applicant does not
have to submit evidence of insurance with the application. However,
applicant will be required to present acceptable evidence of necessary
insurance coverage to the FMCSA as part of a pre-authorization safety
audit. Appropriate insurance forms must be filed within 90 days
after the date that notice of the application is published in the DOT/FMCSA
Register: Form BMC-91 or BMC-91X for bodily injury and property
damage; Form BMC-34 for cargo liability (common property carriers only).
The FMCSA
does not furnish
copies of insurance forms. The applicant must contact its insurance
company to arrange for the filing of all required insurance forms.
If an application
is granted by the FMCSA and an MX number is issued, operating authority
is still not effective and operations under that authority may not begin
unless an insurance filing has been made with and accepted by the FMCSA
as required under 49 CFR 387.301. A current DOT Form MCS-90 and evidence
of continuing insurance coverage must also be on each of the applicant's
vehicles when it crosses the border. This policy also applies to Mexico-domiciled
motor private carriers and exempt carriers registering to operate within
the United States beyond the border area.
SECTION V - SAFETY
CERTIFICATIONS
Applicants for motor
carrier registration must complete the safety certifications. The applicant
should check the "YES" response only if the applicant 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 the applicant
is exempt from the U.S. DOT safety fitness regulations because it operates
only vehicles with a gross vehicle weight rating under 10,001 pounds,
and it will not transport any hazardous materials, the 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 identifying the applicant on
each supplemental page and referring to the section and item number
in the application for each response. If the applicant is exempt from
the U.S. DOT safety fitness regulations, the applicant must complete
all relevant attachment pages to demonstrate the applicant's willingness
and ability to comply with general operational safety fitness guidelines
and applicable State, local and tribal laws.
SECTION VI - HOUSEHOLD
GOODS ARBITRATION CERTIFICATIONS
Applicants for household
goods registration 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 - SCOPE
OF OPERATING REGISTRATION SOUGHT
Applicant must indicate,
by checking one or more boxes, the description(s) of the registration(s)
for which application is being made.
SECTION VIII -
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 IX - 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 the applicant will operate only in California
and Arizona, it must designate an agent in each of those States; if the
applicant will operate in only one State, an agent must be designated
for that State only. 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 the applicant uses a Process
Agent Service. If the applicant opts to use a Process Agent Service, it
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 the 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 and through 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
an 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
Form Approved
OMB No. 2126-0016
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