Frequently Asked Questions
Carriers will be required to:
- Maintain a "satisfactory" safety rating in order to obtain and hold a safety permit
- Maintain their crash rating, and their driver, vehicle, hazardous materials or out-of service rating so they are not in the worse 30 percent of the national average as indicated in FMCSA's Motor Carrier Management Information System (MCMIS)
- Have a satisfactory security program (according to section 49 CFR Part 172, Subpart I) and associated training (according to section 49 CFR 172.704(a)(4) & (a)(5)) in place
- Maintain registration with PHMSA
- Develop a system of communication that will enable the vehicle operator to contact the motor carrier during the course of transportation and maintain records of these communications
- Have written route plan required for radioactive materials set forth in 49 CFR 397.101 and for explosives in Part 397.19 (currently required)
- Perform a pre-trip inspection (North American Standard (NAS) Level VI Inspection Program for Radioactive Shipments) for shipments containing highway route controlled Class 7 (radioactive) materials
There will be a process for issuing temporary safety permits, revoking and suspending a safety permit, and appealing decisions to suspend or revoke a safety permit.
Last Updated : April 15, 2014
- My mover is holding my shipment hostage for more money than he quoted me (in excess of 110% of non-binding estimate).
- My (interstate) mover/broker does not have the required authority from the FMCSA (unauthorized operations).
- My (interstate) mover/broker does not have the required insurance on file with the FMCSA (uninsured operations).
- My mover/broker failed to acknowledge, process and settle my loss and damage within 120 days of receipt.
- My mover/broker does not belong to a dispute settlement to handle loss and damage claims.
- My mover/broker failed to honor agreed pick-up and/or delivery dates without giving proper notice.
Primarily, the URS will unify registration data housed in multiple FMCSA systems into one authoritative database, thus reducing the possibility for conflicting registration data between FMCSA systems. The URS will streamline manual processes and combine several forms into one unified online registration form. This will save time and administrative costs for the industry and FMCSA. This rule will also improve FMCSA's ability to locate small and medium-sized private and exempt for-hire motor carriers when enforcement action is necessary. Working with designated process agents will help FMCSA investigators locate and/or serve documents on hard-to-find motor carriers. New carriers will not be granted safety registration and an active USDOT number until process agent filings (Form BOC-3) are complete.
For more information, please see the October 21, 2015 Federal Register notice.
On January 17, 2017, FMCSA published a Federal Register notice suspending the January 14 and April 14, 2017 URS effectiveness dates.
A carrier that furnishes false or misleading information, or conceals material information in connection with the registration process, is subject to the following actions:
- Revocation of safety registration
- Assessment of the civil and/or criminal penalties prescribed in 49 U.S.C. 521 and 49 U.S.C. Chapter 149
For more information on the New Entrant Program, click here.
A motor carrier operates commercial motor vehicles (CMV’s) to transport property, passengers, or hazardous materials (HAZMAT) and is involved in commerce (transportation related to a business). It could be a company with several power units, or it could be an owner-operator.
Note: CMVs include vehicles with Gross Vehicle Weight Rating (GVWR, which is the prescribed weight limit from the vehicle manufacturer, indicating the total amount the vehicle can weigh to operate safely) or Gross combination weight (GVW, which is the total weight of the truck, any trailers and cargo), of 10,001 pounds or more, whichever is greater.
A broker is the “middle person” between a shipper and a motor carrier. Brokers arrange for the transportation of property or household goods. They don’t transport the property, don’t operate motor vehicles or have drivers, and don’t assume responsibility for the cargo being transported. Hence, they don’t directly engage with it.
A freight forwarder organizes shipments for individuals or corporations. Freight forwarders assemble and consolidate shipments and provide for break-bulk and distribution of shipments. Unlike Brokers, Freight Forwarders assume responsibility for the transportation and may transport the freight itself. Therefore, they are involved directly or indirectly with the cargo.
Note: If you only transport Freight, you are not a Freight Forwarder.
To learn more about entity types, see our video ”How To Identify Entity Types”. Also located on the FMCSA Registration Home Page.
- “Interchange” means the act of providing intermodal equipment (IME) to a motor carrier pursuant to an IME interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider. It does not include the leasing of equipment to a motor carrier for primary use in the motor carrier’s freight hauling operations
- “Intermodal equipment (IME)” means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, mainly chassis, but also including trailers
- “Intermodal equipment interchange agreement” means the Uniform Intermodal Interchange and Facilities Access Agreement (UIIFA) or any other written document executed by an intermodal equipment provider (IEP) or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the IME
- “Intermodal equipment provider (IEP)” means any person that interchanges IME with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the IME
Last Updated : April 7, 2014
The Medical Examiner must follow the standards found in 49 CFR 391.41. In the case of vision, hearing, epilepsy and diabetes requiring any use of insulin, the FMCSRs standards are absolute and allow no discretion by the Medical Examiner.
FMCSA also provides medical advisory criteria and medical guidelines to assist the Medical Examiner determine if a person is physically qualified to operate a commercial bus or truck. The Medical Examiner may or may not choose to use these guidelines. These guidelines are based on expert review and considered practice standards. The examiner should document the reason(s) for not following the guidelines.
Last Updated : April 1, 2014
The Hazardous Materials Safety Permit is only required for motor carriers. A motor carrier's HM Safety Permit-related responsibilities end when the material is transferred to the next mode.
Subsequently, permit-related responsibilities begin when the motor carrier assumes responsibility for the material.
In the case of the example, above, when the motor carrier has delivered the permitted load to the vessel operator's facility, then the motor carrier's permit-related responsibility ends.
Last Updated : April 14, 2014
Failure to complete biennial updates to FMCSA will subject the entities to civil penalties of up to $1,000 per day with a maximum penalty of $10,000. Certain for-hire carriers of passengers and freight, freight forwarders, and brokers may be subject to additional civil penalties as authorized by 49 U.S.C. 14901(a). FMCSA may also deactivate the USDOT Number for any entity that fails to comply with the updating requirements.
The intermodal equipment provider (IEP) final rule (73 FR 76794) IEPs subject to many of the same vehicle and equipment safety regulations that apply to motor carriers. An IEP must:
- Identify its operations to the FMCSA by filing the Form MCS-150C
- Mark its intermodal equipment (IME) with the USDOT number, as required by § 390.21, before tendering the equipment to a motor carrier
- Systematically inspect, repair, and maintain all IME intended for interchange with a motor carrier
- Ensure that IME intended for interchange with motor carriers is in safe and proper operating condition
- Maintain a system of driver vehicle inspection reports submitted to the IEP as required by § 396.11
- Maintain a system of inspection, repair, and maintenance records for equipment intended for interchange with a motor carrier
- Periodically inspect IME intended for interchange
- At facilities at which the IEP makes IME available for interchange, have procedures in place and provide sufficient space for drivers to perform a pre-trip inspection of tendered IME
- At facilities at which the IEP makes IME available for interchange, develop and implement procedures to repair any equipment damage, defects, or deficiencies identified as part of a pre-trip inspection, or replace the equipment, prior to the driver’s departure. The repairs or replacement must be made after being notified by a driver of such damage, defects, or deficiencies
- Refrain from placing IME in service on the public highways if that equipment has been found to pose an imminent hazard, as defined in § 386.72(b)(1)
Last Updated : April 3, 2014
In 2012:
- 592 Large Truck drivers died in crashes
- 211 Large Truck drivers that died in crashes were not wearing safety belts
- 133 Large Truck drivers that died in crashes were ejected
- 89 Large Truck drivers who died in crashes were ejected and were not wearing a safety belt (67%)
Last Updated : April 15, 2014
The final rule (73 FR 76794) made 49 CFR part 386 applicable to intermodal equipment providers (IEPs) subject to inspection, repair, and maintenance requirements. FMCSA has the legal authority to place IEPs out-of-service if they tender intermodal equipment (IME) that poses an imminent hazard to safety. An “imminent hazard” involves a violation of certain laws and regulations involving a “vehicle, employee, or commercial motor vehicle operations which substantially increases the likelihood of serious injury or death if not discontinued immediately.”
Last Updated : April 7, 2014
If you feel you may have been scammed by a household goods moving company, broker or other carrier, contact your local law enforcement agency. You may also want to contact a consumer protection agency such as the Better Business Bureau.
For moves across state lines, you can contact FMCSA's National Consumer Complaint Database online or toll-free at: 1-888-368-7238.
Consumers may also report an allegation of household goods fraud to the OIG's Fraud Hotline using any of the following methods:
Online: OIG Hotline Complaint Form
Call: 1-800-424-9071
E-mail: hotline@oig.dot.gov
Mail: DOT Inspector General, 1200 New Jersey Ave SE, West Bldg. 7th Floor, Washington, DC 20590
Your complaint could trigger a federal investigation.
First, it is the law. The Federal Motor Carrier Safety Regulations (FMCSRs) require CMV drivers to wear safety belts. Section 392.16 of the FMCSRs (49 CFR 392.16) states, "A commercial motor vehicle which has a safety belt assembly installed at the driver's seat shall not be driven unless the driver has properly restrained himself/herself with the safety belt assembly."
Many people are affected by a person's decision to wear or not wear a safety belt. The consequences of not wearing a safety belt can greatly affect your family and loved ones. What would be the effect on your loved ones if you are killed or seriously injured in a crash as the result of not buckling up?
It is your responsibility to maintain control of your vehicle. Safety belts are your best chance of remaining in control of your truck in a crash or emergency situation.
Last Updated : April 15, 2014
Safety belts prevent injury by: preventing ejection, shifting crash forces to the strongest parts of the body's structure, spreading forces over a wider area of the body, allowing the body to slow down gradually, and protecting the head and spinal cord.
Last Updated : April 15, 2014
A new entrant whose USDOT new entrant registration has been revoked, and whose operations have been placed out of service by FMCSA, may reapply for new entrant registration no sooner than 30 days after the date of revocation. If the USDOT new entrant registration was revoked because of a failed safety audit, the new entrant must do all of the following:
- Submit an updated MCS-150 and check the box “Reapplication (after revocation of new entrant)”
- Submit evidence that it has corrected the deficiencies that resulted in revocation of its registration and will otherwise ensure that it will have basic safety management controls in effect
- Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved
If the USDOT new entrant registration was revoked because FMCSA found that the new entrant had failed to submit to a safety audit, it must do all of the following:
- Submit an updated MCS-150 and check the box “Reapplication (after revocation of new entrant)”
- Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved
- Submit to a safety audit
If the new entrant is a for-hire carrier subject to the registration provisions under 49 U.S.C. 13901 and has also had its operating authority revoked, it must apply for new operating authority.
For more information on the New Entrant Program, click here.
The driver must be medically examined and certified in accordance with Section 391.43 of the FMCSRs.
Last Updated : April 1, 2014
Insurance forms must be filed by the insurance company, not the carrier or broker. For information on how insurance companies can make these filings online, click here.
- Form MCS-82, Motor Carrier Public Liability Surety Bond under Sections 29 and 30 of the Motor Carrier Act of 1980
- Form MCS-82B, Motor Carrier Public Liability Surety Bond under Section 18 of the Bus Regulatory Reform Act of 1982
- Form MCS-90, Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980
- Form MCS-90B, Endorsement for Motor Carrier Policies of Insurance for Public Liability under Section 18 of the Bus Regulatory Reform Act of 1982
- Form BMC-34 for proof of cargo liability insurance is used to make cargo insurance filings for household goods carriers with FMCSA. FMCSA do not provide these forms. The insurance company making the filing maintains their own supply of forms. Many insurance carriers are set up to make the required insurance filings with FMCSA electronically
- Form BMC-84 for broker surety bonds is used to make the bond insurance filing for the broker authority with the FMCSA. FMCSA does not provide these forms. The insurance company making the filing maintains their own supply of forms. Many insurance carriers are set up to make the required insurance filings with FMCSA electronically
- Form BMC-85 for broker trust fund agreements is used to make the trust agreement for the broker authority with the FMCSA. This form can only be completed by a financial institution (insured bank, commercial bank or trust company, agency or branch of a foreign bank in the U.S., insured institution of the National Housing Act, a thrift institution, a loan or finance company).
- Form BMC-91 or BMC-91X for proof of bodily injury and property damage (BI & PD) insurance are both used to make liability filings with the FMCSA. FMCSA does not provide these forms. The insurance company making the filing maintains their own supply of forms. Many insurance carriers are set up to make the required insurance filings with FMCSA electronically
For more information about insurance requirements and filings, click here.
First-time broker applicants who don't already have a US DOT number or other operating authority must register online with the FMCSA via the Unified Registration System (URS).
If you already have a US DOT number and/or other operating authority, you must apply by submitting the OP-1 form to FMCSA until URS is fully implemented. Please note: on January 17, 2017, FMCSA published a Federal Register notice suspending the January 14 and April 14, 2017 URS effectiveness dates.
For more information on registering as a broker, click here.
After the MC Number has been assigned, to complete the application process, brokers must also take the following steps:
- For brokers of property: Proof of Insurance Coverage: a Surety Bond or Trust Fund Agreement (Form BMC-85) in the amount of $75,000
- For brokers of household goods: Proof of Insurance Coverage: a Surety Bond or Trust Fund Agreement (Form BMC-84) in the amount of $75,000
- Form BOC-3, Designation of Process Agent Form (brokers may designate themselves as their own process agents in the State in which they are writing contracts)
- Application processing fee: $300 (non-refundable)
- Application processing time: Approximately 4-6 weeks
Note: Effective October 2013 all bonds for brokers increased to $75,000.00.
After a new entrant satisfies all applicable preoperational requirements, it will be subject to the new entrant safety monitoring procedures for a period of 18 months. During this 18-month period:
- The new entrant’s roadside safety performance will be closely monitored to ensure the new entrant has basic safety management controls that are operating effectively
- A safety audit will be conducted on the new entrant, once it has been in operation for enough time to have sufficient records to allow the agency to evaluate the adequacy of its basic safety management controls
- Failure to demonstrate basic safety management controls may result in the carrier having its new entrant registration revoked