Frequently Asked Questions
Private motor carrier of passengers (business) means a private motor carrier engaged in the interstate transportation of passengers which is provided in the furtherance of a commercial enterprise and is not available to the public at large.
For example, this would include a company transporting its own employees between job sites, but not selling seats to anyone else.
Private motor carrier of passengers (non-business) means private motor carrier involved in the interstate transportation of passengers that does not otherwise meet the definition of a private motor carrier of passengers (business). (49 CFR 390.5)
For example, this would include a place of worship transporting people to services or other events, not for a profit.
A private motor carrier transports its own cargo, usually as a part of a business that produces, uses, sells and/or buys the cargo that is being hauled. A private motor carrier transports its own goods and is required to have a USDOT number but does not need operating authority (MC number).
A satisfactory ETT requires exercising to a workload capacity of at least six METS (through Bruce Stage II or equivalent) attaining a heart rate of >85% of predicted maximum (unless on beta blockers), a rise in SBP>20mmHg without angina, and having no significant ST segment depression or elevation.
Stress radionuclide or exercise echocardiogram should be performed for symptomatic individuals, individuals with an abnormal resting electrocardiogram, or individuals who fail to meet the ETT requirements.
Last Updated : April 1, 2014
A waiver is temporary regulatory relief from one or more of the FMCSRs given to a person subject to the regulations, or a person who intends to engage in an activity that would be subject to the regulations. A waiver provides the person with relief from the regulation for up to three months. 49 CFR 391.64 provides waivers to CMV drivers who were in the initial vision and insulin programs in the early 1990's.
An exemption is a temporary regulatory relief from one of more of the FMCSRs given to a person or class of persons subject to the regulations, or who intend to engage in an activity that would make them subject to the regulation. An exemption provides the person or class of persons with relief from the regulations for up to two years, but may be renewed.
Last Updated : April 1, 2014
As defined in 49 CFR 390.5, a “covered farm vehicle” (CFV):
- Travels in the State in which the vehicle is registered or in another State,
- Is operated by an owner or operator of a farm or ranch, or by a family member or employee of the owner or operator
- Transports agricultural commodities, livestock, machinery or supplies to or from a farm or ranch
- Has a license plate or some other means specified by the State that identifies it as a farm vehicle
- Is not used in for-hire motor carrier operations (but for-hire operations do not include use of a vehicle owned and operated by a tenant farmer to transport the landlord’s portion of the crops under a crop-share agreement)
- [From § 390.39] Is not transporting hazardous materials that require placarding, and either of the following:
- Has a GVW or GVWR (whichever is greater) of 26,001 or less, in which case the CFV exemptions in § 390.39 apply anywhere in the United States
- Has a GVW or GVWR (whichever is greater) of more than 26,001 pounds and travels within the State where it is registered or, if traveling out of the State where it is registered, stays within a 150 air miles of the owner or operator’s farm or ranch
Last Updated : May 8, 2014
An exempt for-hire motor carrier transports exempt (unregulated) property owned by others for compensation. The exempt commodities usually include unprocessed or unmanufactured goods, fruits and vegetables, and other items of little or no value.
For a partial listing of exempt and non-exempt commodities, please refer to Administrative Ruling 119.
For information about who needs an MC number, click here.
An Intermodal Equipment Provider (IEP) is a person or entity that makes intermodal equipment available to motor carriers for interchange. Additional information and responsibilities are identified in 49 CFR section 390.40 of Subpart C.
The term “intermodal equipment” refers to trailing equipment (mainly Intermodal containers, chassis but can also include trailers) used in the transportation of cargo by highway in interstate commerce.
An example of an IEP is someone who provides a container chassis to move containers when they come off either a ship or rail. An IEP may provide a chassis which will move the container to a motor carrier or provide the chassis for the intermodal movement.
To register with FMCSA as an IEP, go to the Unified Registration System (URS).
Note: If you are transporting intermodal equipment, it does not mean you would register as an IEP. In this case your entity type would be motor carrier.
To learn about other entity types, check out our How To Identify Entity Types video.
If yours is an interstate move it will be governed by FMCSA rules and regulations. Check the scenarios below in order to determine if your move is interstate. If you are still unclear about whether or not your move is considered interstate, check with your mover and state and local authorities for clarification.
Interstate move means transportation of goods in the United States which is between a state and a place outside of that state (including a place outside the United States); or between two places within a state that travels through another state or place outside of the United States.
It is an interstate move if the move...
- occurs between a place in a state and a place outside of that state (i.e., in another state). Even if other modes of transportation, such as plane or rail, are involved in moving the goods... as long as the goods cross a state line and involve a mover at any point, it is an interstate move, and at least the portion involving the mover is governed by FMCSA rules and regulations. The moving truck or van does not have to physically cross a state line for it to be an interstate move.
- occurs between a place in a state and a place outside of the United States. The intent of the move can define whether the move is interstate. In this example, the move begins outside the state and goes to a warehouse—not the final destination—within the state. Nevertheless, since the move originated outside the state it is characterized as an interstate move.
- occurs between two places in the same state if the shipment passes through another state.
- occurs between two places in the same state if the shipment passes through a place outside the United States.
Review the scenarios above to determine if your household goods move is interstate. If your move is interstate, it will be governed by FMCSA rules and regulations. If you are still unsure whether your move is considered interstate, check with your HHG mover and state and local authorities for clarification.
To interline a shipment is to transfer the shipment between two or more carriers for movement to final destination. For example, where the point of origin is Washington, DC and the final destination is Los Angeles, CA, Motor Carrier “A” may transport a shipment from Washington, DC and then interline with Motor Carrier “B” in San Antonio, TX. Motor Carrier “B” will then complete the transportation of the shipment to Los Angeles, CA.
Identity proofing and verification is the process to validate the identity of a customer making an online transaction. Technology has allowed agencies to adapt and change identity verification from an in-person process to a virtual process. Proofing focuses on the analysis of data and information to validate a person’s identity, while verification focuses on confirming the authenticity of the documents and information provided.
Multi-Factor Authentication (MFA) is a method to verify your identity requiring two or more pieces of evidence (factors). These factors can be something you know (like a password), something you have (like an access card) or something you are (like facial recognition or fingerprint).
In general, companies that do the following are required to have interstate operating authority (MC number) in addition to a DOT number:
- Operating as for-hire carriers (for a fee or other compensation)
- Transporting passengers, or arranging for their transport, in interstate commerce
- Transporting federally regulated commodities or arranging for their transport, in interstate commerce
As of December 12, 2015, all entities applying through the Unified Registration System will obtain a USDOT number.
Operating Authority means the registration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a.
FMCSA operating authority is also referred to as an "MC," "FF," or "MX" number, depending on the type of authority that is granted. Unlike the USDOT Number application process, a company may need to obtain multiple operating authorities to support its planned business operations. Operating Authority dictates the type of operation a company may run and the cargo it may carry. Mexico-domiciled carriers may click here for information on registering with FMCSA.
New Applicants must register online via the Unified Registration System. They will be issued a USDOT number and an MC/MX/FF number. Existing entities that already have a USDOT number and/or MC/MX/FF number must apply via the OP-1 series forms, or online (click here), providing their existing USDOT number (and MC/MX/FF numbers, if they are applying for an additional authority.)
All of this also dictates the level of insurance/financial responsibilities a company must maintain. Carriers not required to have operating authority include:
- Private carriers (carriers that transport their own cargo)
- "For-hire" carriers that exclusively haul exempt commodities (cargo that is not federally regulated
- Carriers that operate exclusively within a federally designated "commercial zone" that is exempt from interstate authority rules. A commercial zone is, for example, a geographic territory that includes multiple states bordering on a major metropolitan city, such as Virginia/Maryland/Washington, DC
More information on motor carrier insurance requirements can be found on our web site.
Supplanting is an effort to take the place of or to serve as a substitute for something.
Last Updated : March 4, 2014
A person must be at least 21 years old to drive a CMV in interstate commerce.
Last Updated : April 1, 2014
When the audiometric device is calibrated to the American National Standard (formerly the American Standard Association (ASA) Z24.5-11951. Since the prescribed standard under the FMCSRs is the American National Standards Institute (ANSI), it may be necessary to convert the audiometric results from the ISO standard to the ANSI standard. Instructions are included on the Medical Examination Report form.
Last Updated : April 1, 2014
FMCSA medical guidelines for hypertension are based on the Sixth Report of the Joint National Committee on Prevention, Detection, Evaluation and Treatment of High Blood Pressure (JNC 6 - 1997). The prior cardiovascular guidelines were based on an earlier JNC report.
The medical standard (49 CFR 391.41 (b) (6) permits qualification of CMV drivers if the driver has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a motor vehicle safely. FMCSA provides guidelines to assist the Medical Examiner in determining if a person is physically qualified to operate a motor vehicle.
Last Updated : April 1, 2014
A broker or freight forwarder who knowingly engages in interstate brokerage or freight forwarding operations without the required operating authority is liable to the United States for a civil penalty not to exceed $10,000 and can be liable to any injured third party for all valid claims regardless of the amount (49 U.S.C. 14916(c)). The penalties and liability to injured parties apply jointly and severally to all corporations or partnerships involved in the transportation and individually to all officers, directors, and principals of these business forms (49 U.S.C. 14916(d)). Under 49 U.S.C. 14901(d)(3), a broker of household goods (HHG) who engages in interstate operations without the required operating authority is liable to the United States for a civil penalty of not less than $25,000 for each violation. Source: 78 FR 54720.
To report such a violation, click here to contact the National Consumer Complaint Database.
The cost for each individual Operating Authority is a one-time fee of $300. Separate filing fees must be submitted with the application at the time of processing for each Authority sought. For instance, requests for Passenger Authority and Household Goods Authority will require two $300 fees ($600). Payments can be combined. If both authorities are the same type (like common and contract carrier authorities for property), there is only one fee. FILING FEES ARE NON-REFUNDABLE.
There is a $14 charge for processing of a name change and an $80 fee for requesting reinstatement of an authority if it is revoked. For more information on operating authority fees, click here.
You can file for the following operating authorities with the OP-1 Application For Motor Property Carrier and Broker Authority (definitions can be found in 49 CFR 390.5):
- Motor Common Carrier of Property except Household Goods
- Motor Contract Carrier of Property except Household Goods
- Motor Common Carrier of Household Goods
- Motor Contract Carrier of Household Goods
- Broker of Property except Household Goods
- United States-based Enterprise Carrier of International Cargo (except Household Goods)
- United States-based Enterprise Carrier of International Household Goods
- United States-based Enterprise Owned or Controlled by Persons of Mexico Providing Truck Services for the Transportation of International Household Goods
- OP-1(FF) — Application for Freight Forwarder Authority
- OP-1(P) — Application for Motor Passenger Carrier Authority
- OP-1(MX) — Application to Register Mexico-based Carriers for Motor Authority to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border
- OP-2 — Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers under 49 U.S.C. 1302
An authorized for-hire motor carrier transports passengers, regulated property or household goods owned by others for compensation. If you are a for-hire carrier, in addition to the USDOT number you will also need to obtain operating authority (MC number).
You can review the different types of authority by clicking here.
For information on how to apply for for-hire authority, click here.
The Federal Register notice (Vol. 80, No.118, p. 35253) issued on June 19th, 2015, states that a proposed suspension or revocation of a carrier’s HMSP under 385.421(a)(5) may be based on “serious instances of non-compliance.”
The FMCSA has authority to address patterns of safety violations by motor carriers that (1) indicate an imminent hazard, or (2) show that the carrier is not willing or able to comply with the regulations. The term “serious instances of non-compliance” means that an enforcement action has been initiated against the carrier demonstrating that:
- An imminent hazard exists based upon evidence that the motor carrier has demonstrated a disregard for, or refusal to comply with, safety regulations which, if not discontinued immediately, will likely result in serious injury or death;
- An imminent hazard exists within the definition of imminent hazard under the HM regulations in Part 109; and/or
- The carrier’s performance demonstrates that it is not willing or able to operate safely.
When agency action results in proposed or immediate suspension or revocation of the carrier’s ability to operate, the Agency will provide separate notice concerning the impact of this action on the carrier’s HMSP, with an opportunity to respond with an explanation or corrective action plan prior to their HMSP being suspended or revoked.
The inclusion of the term “serious instances of non-compliance” in the HMSP Federal Register notice is meant to provide notice to HMSP holders that implementation of the new process for continuously monitoring HMSPs under SMS does not limit FMCSA’s ability to take appropriate actions against a motor carrier based on the Agency’s current authority to address imminent hazards and carriers that fail to demonstrate that they are fit and willing to comply with the regulations and operate safely. The focus on “enhanced oversight” in the Federal Register Notice does not limit or restrict the agency’s ability to utilize all of its present authority to address serious and continuing violations of the Federal Motor Carrier Safety Regulations and/or the Federal Hazardous Materials Regulations.
Last Updated : July 29, 2015