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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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