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What is a private motor carrier of passengers (business) and what is a private motor carrier of passengers (non-business)?

 

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.

 

Last Updated: May 26, 2023

How Do I Change My Company’s Entity Type?

To change the Entity type on your registration:

  1. Complete an MCS-150 form ensuring that all applicable items are filled out. To avoid delays:
    1. Section 24: If you select Motor Vehicles and/or Drive Away/Towaway, you must select “Class 9” in section 25. Also, in section 25, C (Carried) and N (Non-bulk) must be checked.
    2. Section 30 and 31 must be filled out
  2. Select "Biennial Update or Changes" as the "Reason for Filing" on the top of the form.
  3. In the blank space at the top of the form, indicate the Entity type you need (i.e., Change Entity type to Motor Carrier)
  4. Upload the form through our website at ask.fmcsa.dot.gov/ (scroll to the bottom of hte page, complete the required fields, and upload your documents), you wil receive a confirmation number by email; or via fax to 202-366-3477. 

A company’s Entity type is the term used to describe the company’s operations. When filling out your application for a USDOT Number (and Operating Authority-OA), you will be answering questions that directly impact your Entity type: Carrier, Broker, Freight Forwarder, Cargo Tank, Intermodal Equipment Provider (IEP). For additional information on this topic, check our How To Identify Entity Types video.

Note: Entity type is not the same as Operating Authority (OA) type; however, the entity type will have to correspond to your OA type. To change your type of OA, please review the information on this page.

Last Updated: May 26, 2023

Will entities be notified before a biennial update is due?

Yes. Beginning November 1, 2013, FMCSA is issuing a warning letter by mail to the address on file at least 30 days in advance of a biennial update deadline.

Last Updated: May 26, 2023

How do I change from one type of operating authority to another?

If a for-hire carrier, broker, freight forwarder or other regulated entity applies for the wrong type of operating authority, or changes the type of business they do, they may need to request a change of operating authority type.

If the original application is still pending, the entity can request the change with no additional fee. If the application has already been granted, the entity would need to pay an additional $300 fee to apply for a new authority.

Please submit your request containing the following information by uploading the documents via the ASK website (scroll to the bottom of the page, complete the required fields, and upload your documents), you will receive a confirmation number by email; or via fax to 202-366-3477

  • The OP-series form appropriate to the new authority you are requesting:
    • OP-1 forms if requesting change to carrier, broker or household goods carrier authority
    • OP-1(FF) form if requesting change to freight forwarder authority
    • OP-1(P) form if requesting change to passenger authority
  • A letter or email with a statement describing the change you are requesting (from household goods carrier to motor carrier, or freight forwarder to motor carrier, for example)
  • The signature of the person requesting the change (must be from the applicant who signed the original application or the authorized representative listed on the application.  If the person requesting the change is the authorized representative listed in MCMIS but is not listed on the application, then a written statement from owner/applicant will be needed confirming that person's authorization to request the change on behalf of the carrier before the change can be made and the representative section is updated in L&I)
  • Current MC/DOT/FF numbers if available
  • Updated MCS-150 form

Your form will be reviewed and processed by FMCSA. More information on applying for operating authority can be found on our "Get Authority to Operate" web page.

Last Updated: May 26, 2023

Who files the Form BOC-3 (Designation of Process Agent)?

Either the applicant or process agent, on behalf of the applicant, can file Form BOC-3 (Designation of Process Agents) with the FMCSA. Only one completed form may be on file. It must include all states for which agency designations are required. One copy must be retained by the carrier or broker at its principal place of business.

For more information on filing form BOC-3 with the FMCSA, click here.

Last Updated: May 26, 2023

Where can I check the status of my name change or address change?

You can check to see if a name change or address change has been completed at http://safer.fmcsa.dot.gov

  • Once in the Safer website, go to “FMCSA Searches”
  • Click “Licensing & Insurance”
  • Enter MC Number or USDOT Number in the appropriate box and click “search”

It may take approximately 14 days to process the request.

Last Updated: May 26, 2023

What must I do to comply with the new requirements (76 FR 70661) for making my medical certification part of my CDL driving record?

Starting on January 30, 2012, when you:

  • Apply for a CDL
  • Renew a CDL
  • Apply for a higher class of CDL
  • Apply for a new endorsement on a CDL
  • Transfer a CDL from another State

You will be required to self-certify to a single type of commercial operation on your driver license application form. Based on that self-certification, you may need to provide your SDLA with a current medical examiner’s certificate and show any variance you may have to obtain or keep your CDL. Source: 76 FR 70661

Last Updated: May 26, 2023

How do I correct data on the FMCSA website or in my carrier profile?

The most efficient way to request and track a review of Federal and State crash or inspection data is using the DataQs system, which automatically forwards your Request for Data Review (RDR) to the appropriate office for resolution and collects updates and responses for current requests.

Please note: Entities that are registered in MCMIS (for examples, interstate motor carriers, brokers, freight forwarders, IEPs, etc.) must log in to the FMCSA Portal to request access to DataQs. If you don't already have a Portal account, you can learn how to set one up by clicking here. Once you have a Portal account, then you can request DataQs access.

If you aren't a registered entity in MCMIS, click here.

Last Updated: May 26, 2023

What is an Intermodal Equipment Provider (IEP)?

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.

Last Updated: May 26, 2023

I share interstate operating authority (MC Number) with a business partner and would like to discontinue my partnership with this person. Is that possible?

Yes. You can dissolve a partnership with an existing MC number by submitting a notarized letter signed by both partners requesting that the partner be removed from the existing authority. 

If the partners cannot agree who should keep the existing MC number:

  • They should both file a new application with the required fees and get new MC numbers
  • They should request that the existing MC number be voluntarily revoked. See the FAQ “How can I suspend or put my operating authority (MC number) on hold?”

Last Updated: May 26, 2023

How can I change the required level of insurance my company has on file with the FMCSA?

If the amount of insurance on file with FMCSA needs to be raised or lowered, please create a ticket. Include the following information (preferably on company letterhead):

    USDOT#
    MC#
    Name of company
    Request to raise or lower the insurance, and the desired amount
    Signature of the requestor

Once that change has been requested, FMCSA insurance specialists will process it in our systems, provided that it reflects the amount of insurance you are required to have on file based on your type of operation.

For more information about FMCSA insurance requirements, click here.

Last Updated: May 26, 2023

What is the civil penalty for a broker or freight forwarder who engages in interstate operations without the required operating authority (registration)?

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.

Last Updated: May 26, 2023

What is an exempt for-hire (exempt commodities) motor carrier?

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.

Last Updated: May 26, 2023

How do I register as if I am a motor carrier based in Mexico, and plan to transport cargo in the US beyond the commercial zone?

If you are a motor carrier based in Mexico and plan to operate beyond the commercial zone in the United States, you must register with FMCSA by completing the appropriate forms: MCS-150, OP-1MX and BOC-3 Forms.

To download the forms, click here. 

Please note the online FMCSA registration process is not available for these type of operations at this time. 

More guidance for Mexican carriers is here.

Last Updated: May 26, 2023

What happens after a motor carrier begins operations as a new entrant? (§ 385.307)

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

Last Updated: May 26, 2023

Can I operate outside of my base state now that I have applied for operating authority?

You cannot transport regulated commodities in interstate commerce (for hire) until you have obtained operating authority (certificate and/or permit) and received your single-state registration. The act of applying for operating authority is not sufficient. You cannot operate until the certificate and/or permit has been issued.

If you are transporting exempt commodities (see below) and have a USDOT number, you may operate as an exempt for-hire interstate motor carrier without an MC number. You are still required to abide by your state regulations.

On our website you will find Administrative Ruling No. 119, which is a guide to what is and is not exempt. The booklet no longer is in print, but the information still is accurate. The list of exempt commodities changes, but this can be used as a general guide. A list of non-exempt commodities can be found in the FMCSR in Section 372.115.

Last Updated: May 24, 2023

Does FMCSA offer temporary operating authority?

Who is eligible to obtain temporary authority?

A motor or passenger carrier wishing to apply for temporary operating authority registration authorizing for-hire commercial motor and passenger vehicle operations, while providing direct assistance supporting emergency relief efforts transporting supplies, equipment and persons into or from the zone where the emergency is taking place.

When is temporary authority available?

Applications for temporary authority require a determination that there is, or soon will be, an immediate transportation need that cannot be met by existing motor carrier service.  49 CFR 365.107T(f). Such applications are only entertained in exceptional circumstances, during natural disasters or national emergencies.  49 CFR 365.107T(g).  In most circumstances, the Agency will only entertain applications for temporary authority when an emergency declaration has been issued, consistent with 49 CFR 390.23.

Where can I find information on current emergency declarations?

Go to https://www.fmcsa.dot.gov/emergency for links to current FMCSA emergency declarations. The temporary authority is only active as long as the emergency declaration is in effect. All temporary authorities will be revoked once the emergency declaration expires.

How can a carrier apply for this temporary authority?

  • If a carrier does not have a USDOT number, they must apply for one by submitting a signed MCS-150 form (write “Emergency Temporary Authority” at the top) with their OP-1, rather than filing via URS. To access the MCS-150 form, click here. Carriers that are subject to an FMCSA Out of Service Order are not eligible for temporary authority.
  • A carrier must file a signed form OP-1 with “Emergency Temporary Authority” written at the top along with the specific Emergency Declaration found at https://www.fmcsa.dot.gov/emergency-declarations by fax/web form rather than online. To access form OP-1, click here. You can submit it by:
    • Submitting a ticket through our website at: ask.fmcsa.dot.gov. Select Inquiry Type: Operating Authority (Docket Number) > Request temporary operating authority due to an emergency declaration – This is the fastest option; or
    • Fax: 202-366-3477 (Put “Emergency Temporary Authority” on the fax cover sheet)
  • The application fee has been waived.  
  • The carrier must also file proof of insurance and have form BOC-3 (Designation of Process Agent) on file with FMCSA. For more information on insurance requirements click here, and for and BOC-3 requirements, click here.
  • Pursuant to 49 CFR 365.107T(g), the carrier is also required to provide a statement on why they need temporary operating authority, appended to Form OP-1 for property carriers, Form OP-1(MX) for Mexican property carriers and, Form OP-1(P) for motor passenger carriers.

How long does it take for temporary authority to be granted?

OP-1 applications for temporary authority should be processed within 48 business hours of receipt. However, the authority will not be granted until the carrier’s evidence of financial responsibility (insurance) and BOC-3 form are on file with FMCSA.

The authority is valid for 120 days or until the emergency declaration expires, whichever comes first.

If a carrier wishes to apply for permanent authority, they need to apply using the same MC/USDOT number granted for the temporary authority. The applicant would be required to pay the $300 fee for permanent operating authority registration, as well. For more information, click here.

 

Last Updated: May 24, 2023

Do motor carriers and freight forwarders in Puerto Rico need to get operating authority (MC number)?

Puerto Rico is subject to the jurisdiction of the Federal Motor Carrier Safety Administration (FMCSA).  Entities engaged in For-Hire (for compensation) and Interstate operations are required to obtain operating authority (MC number).

Even if you're solely operating within Puerto Rico, you may still be required to obtain operating authority (MC number) if the property you're transporting originated from or is destined for another location within the United States. 

Last Updated: May 24, 2023

Does a broker process loss and damage claims?

No, a broker assumes no responsibility for the shipment and does not touch the shipment. A claim must be filed with the appropriate motor carrier, which usually would be the delivering carrier or the carrier causing the loss. Brokers may, however, assist shippers in filing claims with the motor carrier on the shipper’s behalf.

Last Updated: May 24, 2023

Where can I get a copy of my company safety profile?

The Company Safety Profile (CSP) is a comprehensive summary that provides essential safety-related information about on an individual Company's operation. The information on the CSP is available from the Federal Motor Carrier Safety Administration's (FMCSA) record system known as the Motor Carrier Management Information System (MCMIS).  The CSP incorporates the most up-to-date data from MCMIS, including selected items from inspection reports, crash reports, as well as any reviews or enforcement actions involving the company. It serves as a valuable resource for assessing the safety performance of carriers. 

Effective June 14, 2023: FMCSA will no longer fulfill CSP requests for a fee.  Instead, authorized Company Officials can access the CSP report at any time through their FMCSA Portal account at no cost.  To Download the report from your FMCSA Portal, please follow these steps: 

  1. Log into the FMCSA Portal. 

  1. Select the “Reports” tab from the menu at the top. 

  1. Select the date range and information you would like to include in the report . 

  1. Click the “Submit Request” button.  A new window will open with confirmation that the request has been submitted. Click “OK”.  

  1.  Click on the “Check Request Availability” button. Once the report has been generated, the “Download XML” and “Download PDF” buttons will then be active for you to click. 

  1. Select the applicable download button (“Download PDF” or “Download XML” button).  

  1. The selected file be downloaded to your computer. 

Please note, CSP reports can only be accessed by authorized company officials with FMCSA Portal access.  All other persons should file a request with the FOIA office.   Information on making a FOIA request can be found online here: https://www.fmcsa.dot.gov/foia/foia-requests  

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Last Updated: May 23, 2023

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U.S. DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

1200 NEW JERSEY AVENUE, SE

WASHINGTON, DC 20590

1-800-832-5660

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