Frequently Asked Questions
Yes. They would need to comply with the leasing regulations in 49 CFR 376, Subpart B.
Last Updated : September 8, 2015
Yes, there is no prohibition against a U.S. company leasing its equipment to a Mexico-domiciled company for operations in the United States. The company would need to comply with the leasing regulations in 49 CFR 376, Subpart B, and comply with the limitations of the Mexico-domiciled motor carrier’s authority to operate in the United States.
Last Updated : September 8, 2015
No. FMCSA requires that the carrier have the complete Certificate of Registration available for inspection (49 CFR 387.303(b)(4)).
Last Updated : September 8, 2015
Once an MX Number has been issued and an Operating Authority or Certificate of Registration has been granted, you would need to submit a new OP-1(MX) (for U.S. long-haul operations) or OP-2 (for U.S. commercial zone-only operations) application and pay the $300 fee that is indicated on the application to obtain another Operating Authority. Registration forms can be found here.
Last Updated : September 8, 2015
The time it takes to obtain an MX number varies depending on the application submitted and the means by which the application is submitted.
- Commercial Zone Authority: The applicant must go through the Unified Registration System to apply for this authority.
- OP-1(MX): If the application is complete, it can be processed in 4-6 weeks. [At this time, the online application process is not available; an application is completed and submitted on paper.] However, once the application is processed, the carrier must submit to and pass a Pre-authorization Safety Audit (PASA). Once the PASA is successfully completed, the carrier will be notified of the results and of the requirement to submit evidence of insurance to FMCSA. At the same time, the carrier’s information is published in the FMCSA Register to allow for a 10-day protest period. At the end of that protest period and upon receipt of evidence of insurance and the BOC-3, Designation of Process Agent form, the provisional authority will be issued. At this time, it is unclear how much additional time this will take, but the process from application to issuance of authority can take many months.
NOTE: If an application is submitted and it is not completed correctly, it will be sent back to the motor carrier for correction. When the corrections are returned, they are entered in the order they are received along with any new applications that are received.
Last Updated : December 12, 2015
Both companies need their own authority. Although both companies may have the same owners and corporate officers, they are considered to be separate companies located in different countries. The Mexico-domiciled carrier needs an OP-2 application (for a commercial zone authority) unless they do not already have a US DOT number or other authority, in which case, they must register via the Unified Registration System. If they are a long-haul carrier that operates outside the commercial zone, they must fill out the OP-1(MX) application.
The U.S.-domiciled carrier or enterprise carrier must register for operating authority as well. For information on how to apply, click here. The motor carrier must pay the $300 application fee for each application.
Last Updated : December 12, 2015
Yes, the size or type of the vehicle is irrelevant if the vehicle is transporting freight in commerce from Mexico to the U.S.
Last Updated : September 8, 2015
Entry into the U.S. requires authority from the USDOT. As a Mexico-domiciled carrier, you have two options: (1) application for authority for operations limited to the U.S. commercial zones, which requires a Certificate of Registration (and otherwise known as OP-2 authority), or (2) application for authority for operations beyond the U.S. commercial zones into the continental U.S., which requires a Provisional Operating Authority (and otherwise known as OP-1(MX) authority). Each type of authority has an application process and specific steps the carrier must comply with before receiving approval to make pickups and/or deliveries in the U.S. However, regardless of the type of authority the carrier obtains, no Mexico-domiciled carrier may make conduct point-to-point operations within the U.S.
Last Updated : June 30, 2015
Yes, every Mexico-domiciled motor carrier that enters the U.S. must have an FMCSA-assigned MX number, a valid FMCSA Certificate of Registration or Operating Authority and a USDOT Number.
Last Updated : September 8, 2015
Yes, every Mexico-domiciled motor carrier that enters the U.S. must have an FMCSA-assigned MX number, a valid FMCSA Certificate of Registration for commercial-zone operations, or long-haul Provisional or Standard Operating Authority Registration, and a USDOT number regardless of the distance traveled into the U.S.
Last Updated : September 10, 2015
Yes, you may apply without the SCT authority. However, you will need to have the SCT authority (an RFC number) before FMCSA will issue the OP-1(MX) authority or OP-2 certificate of registration.
Last Updated : July 6, 2015
No, a Mexico-domiciled motor carrier cannot operate in the U.S. without first obtaining a FMCSA-assigned MX number, a valid FMCSA Certificate of Registration for commercial zone operations or long-haul Provisional Operating Authority Registration, and a USDOT Number.
Last Updated : June 30, 2015
A Mexico-domiciled motor carrier may lease its equipment to a U.S. motor carrier, provided the carrier complies with the leasing requirements found in 49 CFR Part 376. Documentation of the relationship between the U.S. motor carrier and the Mexico-domiciled motor carrier's equipment must be carried on the vehicle.
Last Updated : December 7, 2016
Yes, a driver from Mexico is subject to the same record of duty status requirements as any other driver operating in the United States.
Last Updated : September 8, 2015
No, there is no regulatory requirement that files be kept in English. However, any time a specific form is identified by name/number (i.e. MCS-90), the only approved form is in English.
Last Updated : September 8, 2015
In general, exempt commodities are things that have not been processed in any way such as fresh produce. There is a partial list of non-exempt commodities in 49 CFR 372.115. There is an additional list of exempt and non-exempt commodities in Administrative Rule 119, which can be found on our web site.
Last Updated : September 8, 2015
No marking requirement exists for display of either the MX number of the Mexico-domiciled carrier or the MC number of the U.S. carrier. The vehicle must be marked in accordance with 49 CFR 390.21(a) that requires the legal name or a single trade name of the motor carrier operating the self-propelled CMV, and the identification number issued by FMCSA to the motor carrier preceded by the letters “USDOT.” For the Mexico-domiciled motor carrier, the USDOT identification number must be followed by either the distinctive “Z” denoting commercial zone operations or the “X” denoting operations beyond the commercial zone, depending on the type of authority the company has received.
If the name of any person other than the operating carrier appears on the CMV, the name of the operating carrier must be followed by the legal name or a single trade name of the motor carrier operating the self-propelled CMV, the identification number issued by FMCSA to the motor carrier preceded by the letters “USDOT" and be preceded by the words “operated by."
Last Updated : September 8, 2015
No, the carrier must wait until it receives the Certificate of Registration for commercial zone operations or a Provisional Operating Authority Registration for long-haul operations beyond the commercial zone. Until such documentation is issued, the carrier may not operate.
Last Updated : September 8, 2015
A number of things could happen if you operate without authority. Regulations found at 49 CFR 392.9a(b) require that carriers operating without authority or beyond the scope of their authority can be put Out of Service. A company operating without authority is also subject to fines.
Last Updated : September 8, 2015
Mexico domiciled motor carriers with a certificate of registration to operate within the border commercial zones have two options: (1) obtain daily trip insurance per 49 CFR § 387.31(b)(3) or (2) meet the minimum requirements found in the table in 49 CFR Part 387. Long-haul operators must meet the minimum requirements in 49 CFR Part 387.
Last Updated : July 6, 2015