Yes, the terms and conditions for a Mexico-domiciled motor carrier granted operating authority DO NOT allow:

• Point-to-point transportation services, including express delivery services, within the United States for goods other than international cargo (International cargo means cargo transported from a foreign country to the United States or from the United States to a foreign country);
• Transportation of hazardous materials, as defined in 49 CFR 171.8, in any amount required to be placarded in accordance with 49 CFR 172 – Subpart F, beyond the U.S.-Mexico border commercial zones of the United States;
• Transportation of passengers in the United States; and
• Transportation by packaging and courier services.

Last Updated : September 8, 2015

No, long-haul operating authority also allows a motor carrier to operate within the commercial zones. However, if you only want to operate in the commercial zones, there is a different application and process. You should follow the instructions and complete the Form – OP-2 –Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers under 49 U.S.C. 13902. You will also need to submit the Application for US DOT number – Form MCS-150 and Instructions – Motor Carrier Identification Report and Designation of Agents for Service of Process – Form BOC-3 – Designation of Agents-Motor Carriers, Brokers and Freight Forwarders.

Once you have completed the forms, you must print the completed forms, sign them, and mail them to the address indicated in the instructions for each form.

Last Updated : June 30, 2015

You will need to complete three forms:

1. Application for US DOT number – Form MCS-150 and Instructions–Motor Carrier Identification Report
2. Application for Long-Haul Operating Authority (English and Spanish) – Instruction and Form OP-1(MX) - Application to Register Mexican Carriers for Motor Carri er Authority To Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.- Mexico Border
3. Designation of Agents for Service of Process – Form BOC-3 – Designation of Agents-Motor Carriers, Brokers and Freight Forwarders

To obtain copies:

• To download the forms go to:  http://www.fmcsa.dot .gov/mission/forms or,
• To request the forms by telephone: You can call 1-800-832-5660 to have a form(s) mailed to you.
• Once you have completed the MCS-150, OP-1 (MX) and BOC-3 forms, you must print the completed forms, sign them, and mail them to the address indicated in the instructions for each form.
• There is a $300 non-refundable fee for the requested long-haul operating authority. Payment instructions can be found on the OP-1(MX).

 

Last Updated : May 10, 2017

Yes, you must file an OP-1(MX) for motor passenger carrier authority beyond the commercial zone.  However, no authority will be issued for operations beyond the zone until the land transportation provisions of NAFTA are implemented.

Last Updated : September 8, 2015

The deadline to submit an OP-1(MX) to renew a current Operating Authority for operations beyond the commercial zone was November 4, 2003. The FMCSA may suspend or revoke the Operating Authority of any carrier that failed to meet this deadline.  Your current Operating Authority remains valid until the FMCSA acts on your OP-1(MX) application.

Mexico-domiciled carriers without current Provisional Operating Authority can obtain a copy of the application package: (1) 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), (2) from any FMCSA Division office by requesting the OP-1(MX) application package, or (3) through the FMCSA web site.

Last Updated : September 10, 2015

Not all of the provisions of the North American Free Trade Agreement (NAFTA) have been implemented, so, no, a Mexico-domiciled motor carrier cannot simply send trucks across the border and travel anywhere in the U.S.   The Mexico-domiciled motor carriers must apply and receive the proper operating authority issued by FMCSA.  See the main International Programs page (under the Registration tab) for a link to the application information.

Last Updated : June 30, 2015

Provisional operating authority registration is the authority granted to Mexico-domiciled motor carriers for at least the first 18 months of operations and until a compliance review conducted in accordance with Appendix B to 49 CFR Part 385 results in a satisfactory safety rating.

Standard operating authority registration is granted after a motor carrier has operated for at least 18 months with provisional operating authority registration, has received a satisfactory safety rating from a compliance review, and has no pending enforcement or safety improvement actions.

Last Updated : June 30, 2015

Long-haul operating authority allows a Mexico-domiciled motor carrier to transport international cargo between Mexico and points in the United States beyond the U.S.-Mexico border commercial zones. International cargo means cargo transported from a foreign country to the United States or from the United States to a foreign country.

Last Updated : June 30, 2015

If an employer has more than one CDL driver/employee subject to DOT drug and alcohol testing, the employer may manage its random testing program.  Companies with only one CDL driver (e.g., owner-operators) who are not leased to another motor carrier, are required to place the driver in a consortium for random testing purposes. [§382.305, Question 11]

Last Updated : May 20, 2015

Surety bond and trust fund institutions should send their electronic notification of cancellation through the Licensing & Insurance System. Source: 78 FR 54720, Sept. 5, 2013.

Last Updated : May 9, 2014

Existing regulations at 49 CFR 387.403 require household goods freight forwarders to obtain cargo insurance in the amount of $5,000 for loss of, or damage to, household goods carried on any one motor vehicle; and $10,000 for loss of, or damage to, or the aggregate of losses or damages of, or to, household goods occurring at any one time and place. Non-household goods freight forwarders are not required to obtain cargo insurance. FMCSA did not make any changes to these requirements as a result of MAP–21. Source:78 FR 54720, Sept. 5, 2013.

Last Updated : May 8, 2014

The Treasury Department’s Financial Management Service maintains a list of certified surety bond companies on their website. This and other information about certified surety bond companies can be obtained from:

U.S. Department of the Treasury
Financial Management Service
Surety Bond Branch
3700 East West Highway
Room 6F01
Hyattsville, MD 20782,
Telephone (202) 874–6850
Fax (202) 874–9978

Last Updated : May 9, 2014

Yes. A driver may be cited for failing to operate a commercial motor vehicle in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated as required under 49 CFR 392.2. Further, a conviction of failing to obey a traffic control device would be counted against a motor carrier’s Compliance, Safety, Accountability score.

Last Updated : April 3, 2014

In all cases, clinical judgment is required. The Medical Examiner decides if the driver's diabetes is adequately controlled, which determines certification, length of certification or disqualification. FMCSA guidelines recommend performing annual examination for vision, neurological function and cardiovascular disease, including hypertension. In general, the diabetic driver should have annual re-certification examinations.

Last Updated : April 1, 2014

The Medical Examiner decides to certify, time-limit or disqualify. The decision to certify a driver is determined by whether the examiner believes that the blood in the urine affects the ability of the commercial driver to safely. Regardless of whether the CMV driver is certified, the Medical Examiner should document referral to a specialist or the driver's Primary Care Provider.

Last Updated : April 1, 2014

• Yes, according to 49 CFR 391.43(i), each original (paper or electronic) completed Medical Examination Report Form, MCSA-5875, and Medical Examiner’s Certificate, Form MCSA-5876, must be retained on file at the Medical Examiner’s office for a period of at least 3 years from the date of examination. The Medical Examiner’s employer may maintain all required records on behalf of the Medical Examiner in a centralized medical records department or within its electronic health record system, as long as the Medical Examiner may request and obtain the records and can provide the scanned records upon request to FMCSA or an authorized Federal, State, or local enforcement agency.

Last Updated : June 4, 2019

If a new entrant receives a notice under § 385.319(c) that its new entrant registration will be revoked, it may request FMCSA to conduct an administrative review if it believes FMCSA has committed an error in determining that its basic safety management controls are inadequate. The request must:

• Be made to the Field Administrator of the appropriate FMCSA Service Center
• Explain the error the new entrant believes FMCSA committed in its determination
• Include a list of all factual and procedural issues in dispute and any information or documents that support the new entrant’s argument

FMCSA may request that the new entrant submit additional data and attend a conference to discuss the issues(s) in dispute. If the new entrant does not attend the conference or does not submit the requested data, FMCSA may dismiss the new entrant’s request for review.

A new entrant must submit a request for an administrative review within one of the following time periods:

• If it does not submit evidence of corrective action under § 385.319(c), within 90 days after the date it is notified that its basic safety management controls are inadequate
• If it submits evidence of corrective action under § 385.319(c), within 90 days after the date it is notified that its corrective action is insufficient and its basic safety management controls remain inadequate

If a new entrant wants to ensure that FMCSA will be able to issue a final written decision before the prohibitions outlined in § 385.325(c) take effect, the new entrant must submit its request no later than 15 days from the date of the notice that its basic safety management controls are inadequate. Failure to submit the request within this 15-day period may result in revocation of new entrant registration and issuance of an out-of-service order before completion of administrative review.

FMCSA will complete its review and notify the new entrant in writing of its decision within:

• 45 days after receiving a request for review from a new entrant that is subject to § 385.319(c)(1)
• 30 days after receiving a request for review from a new entrant that is subject to § 385.319(c)(2)

The Field Administrator’s decision constitutes the final Agency action.

For more information on the New Entrant Program, click here.

Yes.  FMCSA will continue the policy allowing carriers to request a determination of crash non-preventability and the removal of such crash or crashes from consideration of the carrier’s crash rate calculation, if the carrier knows that its recorded crash rate will likely be greater than the national average.

Last Updated : July 29, 2015

The decision to qualify a driver to operate a CMV in interstate commerce is the sole responsibility of the Medical Examiner. The driver may discuss the basis for the disqualification with the Medical Examiner and explore options for reconsideration.

Last Updated : April 1, 2014

No. Although FMCSA is authorized, pursuant to 49 U.S.C. 13906(b) and (c), to accept group financial security products to meet property broker and freight forwarder financial responsibility requirements on the condition that those products otherwise meet the requirements set forth in 49 U.S.C. 13906 and 49 CFR part 387, the Agency is not required to accept these group financial security products. At this time, FMCSA is considering the enforcement implications of group sureties as well as the effect on small entities and new entrants. FMCSA is committed to reexamining this issue as part of its enforcement phase-in plan described under section C, FMCSA Implementation and Enforcement Timelines of 78 FR 54720, Sept. 5, 2013.

Last Updated : May 9, 2014