No. If the business is headquartered in the United States, but is owned or controlled (greater than 55%) by a Mexican citizen or resident alien, you may not apply for Motor Common Carrier of Property Authority to engage in point-to-point transportation within the U.S. However, you may apply for Motor Passenger Carrier Authority and/or for United States-based Enterprise Carrier of International Cargo Authority. 

Background:

The Bus Regulatory Reform Act of 1982, and its Section 6 allows for a Presidential executive order prohibiting the issuance of certificates or permits to motor carriers domiciled in or owned by citizens of a contiguous foreign country (a moratorium}. The change from the moratorium and allowance of Mexican investment in U.S. trucking companies came about first by NAFTA but wasn’t officially allowed until a Presidential Executive Order in June of 2001. A July 27, 2004 internal memo from attorney Suzanne E. Newhouse explains “The Basics of Enterprise Authority:”

Present State of Enterprise Authority

As of January 1, 2004, the NAFTA obligated its participant countries to allow for Enterprise Authority. Enterprise Authority is the ability of investors in one NAFTA country to purchase up to 100% interest in a transportation company domiciled in another NAFTA country. The transportation company may provide passenger carrier services, such as inter-city bus services or tourist transportation services, or property carrier services, such as the transportation of international cargo between points in the domiciled NAFTA country.

Presently, the U.S. complies with this NAFTA obligation. Investment restrictions were lifted in June 2001, thus encouraging Mexican investors to purchase U.S. based carriers and provide transportation of international cargo between points within the U.S. Despite U.S. adherence to the NAFTA mandate for enterprise authority, Mexico has not taken the necessary actions to comply with this NAFTA requirement and U.S. investors cannot enjoy the same benefits Mexican investors have with U.S. companies.

The NAFTA treaty in 1994 allows for Mexican investors and for the transportation of international freight in the US.  In 2001, the Presidential moratorium was lifted to specifically meet the provisions in the NAFTA treaty, but does not expand limits on international cargo only for Mexican investors in US companies.

Depending on the state you are operating in, you may be required to obtain a USDOT number even if you only operate intrastate and your cargo or vehicle never crosses state lines. Some states have their own intrastate regulations that require carriers to obtain a USDOT number, while others may not. It is recommended that you check with your state's Department of Transportation or responsible state agency to determine if you need a USDOT number. Additionally, even if you are not required to obtain a USDOT number, you may still need to comply with other state and federal regulations, such as safety and insurance requirements. 

You may also refer to the FMCSA Registration Page. 

The New Entrant Program introduces new interstate motor carriers to federal safety standards and regulations. When a carrier registers and receives a U.S. Department of Transportation (USDOT) Number, they are considered a New Entrant for 18 months. A Safety Audit will be conducted within 12 months after the New Entrant begins operations.

New Entrants will receive a letter from FMCSA explaining what they need to do next.

For information on what you can expect from a moving company, see the Federal Motor Carrier Safety Administration (FMCSA) web site "Protect Your Move."  This site gives summaries of your rights as a consumer, instructions on how to respond if there is a problem with your move, etc.

Customers can file a complaint against a motor carrier or broker online or call 1-888-DOT-SAFT (1-888-368-7238). 

To check a moving company's FMCSA registration information and history, go to the Protect Your Move look-up page for household goods carriers.

You may also wish to check the company's status with the Better Business Bureau.

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.

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.

The New Entrant Safety Assurance Program (New Entrant Program) under 49 CFR part 385, subpart D applies to all new U.S.- and Canada-domiciled motor carrier owners and operators seeking authority to conduct interstate operations within the United States.

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.

While the state driver licensing agencies are responsible for issuing licenses to commercial drivers, the FMCSA sets the standards (found in 49 CFR 391.41) for drivers' minimum levels of physical fitness, and determines who can perform the physical exams.

• The FMCSA Medical Programs website is the main source of information on FMCSA physical standards and programs.
• The National Registry of Certified Medical Examiners lists medical professionals who have completed training and successfully passed a test on FMCSA's physical qualification standards, and are certified to perform FMCSA physical exams for commercial drivers.
• The Medical Examiner's Certificate is completed by the person who performed the exam, and certifies that the driver is physically qualified to drive a CMV. If they prefer a medical "card," Drivers can purchase a separate blank medical card from a supplier of motor carrier forms (e.g., State trucking association) before the exam and ask the examiner to complete and sign it, in addition to the Medical Examination Report form, or they can print the Certificate on cardstock.
• Drivers may apply for exemptions to some of the standards, such as loss of a limb, vision or diabetes standards. Information on how to apply for these exemptions is available on the FMCSA Medical Exemptions page.

For assistance with interpretation of FMCSA CDL medical standards, please contact the FMCSA Physical Qualifications Division directly:

• Email: FMCSAMedical@dot.gov
• Phone: 202-366-4001

The FMCSA Portal provides single sign-on access to FMCSA systems via a single password and user ID, which must be set up via Login.gov. The FMCSA Portal enables Federal, State, and industry users to access the Agency's existing information systems with a single set of credentials and have easy access to safety data about the companies regulated by the FMCSA. Motor carriers, brokers, freight forwarders, intermodal equipment providers, and cargo tank facilities will have secure access to their company information on file with the FMCSA.

Definitions of the 2 types of Portal accounts:

• Company Official Account - The Company Official is responsible for approving and managing account requests from other company employees or associates, such as service providers. This user ensures that all FMCSA Portal accounts for company users are accurate and up to date. Responsibilities include approving and deactivating accounts when users leave the company, as well as assigning appropriate roles and access. Each USDOT Number must have one designated Company Official and only the Official can approve/deny access for other company users. To request a Company Official user account, you must have the PIN associated with your USDOT. If you do not have a PIN, or do not know your PIN, follow instructions in our FMCSA Portal Registration User Guide for FMCSA Registered Entities and Associates
• Associate of a Company Account - An associate of a company can be an employee of the company or associates, such as 3rd party service providers. These users are approved by the Company Official to have access to view current registration details and make any necessary updates to company records through their portal accounts. These users do not have the ability to manage user accounts, but they can create their own account by following instructions in our FMCSA Portal Registration User Guide for FMCSA Registered Entities and Associates.

FMCSA Portal Password Reset:

There is no longer an option to reset your password on the FMCSA Portal as Login.gov is now required to sign in/sign up for an FMCSA Portal account. You can now follow instructions in our FMCSA Portal Registration User Guide for FMCSA Registered Entities and Associates.

For further assistance, you can contact us via https://ask.fmcsa.dot.gov/app/ask. 

An agent should enter the physical address where the motor carrier maintains their safety records. FMCSA will use this address for on-site visits to motor carrier for the purpose of conducting safety audits, compliance reviews, and other activities. For this reason, do not enter a P.O. Box as the principal (physical) address, or processing of the company’s application will be delayed.

To reactivate your USDOT number, you must submit complete and submit the appropriate MCS-150 series form, as applicable to your company. Please note that FMCSA strongly recommends using forms directly from our website as other online places may include expired forms by mistake. FMCSA does not accept expired versions of the MCS-150, MCS-150B and MCS-150C forms. 

If you are reactivating your USDOT Number after a New Entrant revocation, click here as there are separate instructions to follow.

If you also need to reinstate your operating authority, click here for separate instructions. 

To verify your current USDOT number status, visit our SAFER Company Snapshot web page. 

If you have questions about your USDOT status, please contact us by phone, email or chat. We can also walk you through the process on your computer using our co-browse functionality.

You may change the company address or phone number of your operating authority (MC number) record, by submitting your request following any of the options below:

• Online: Request reinstatement online via your FMCSA Portal account (Don't have an FMCSA Portal Account to Make Online Changes?)
• Paper: Send your completed and signed MCSA-5889 Form to us by submitting a ticket via our ASK website (scroll to the bottom of the page, complete the required fields, and upload your document). You will receive a confirmation number by email. Alternatively, you may fax a completed and signed MCSA-5889 Form to 202-366-3477. Paper submissions may take up 8 days for review and processing. 

Your completed form must contain:

• The MC number
• The name of the company
• The former and current addresses and telephone numbers
• Signature of the applicant or applicant's representative

To check the status of your operating authority registration (MC/FF/MX number) or application, follow these steps:

1. Visit the FMCSA Licensing and Insurance website.
2. Enter your MC Number or USDOT Number in the appropriate field.
3. Complete the CAPTCHA verification by checking the box next to “I’m not a robot.”
4. Click Search.
5. On the Carrier Search results page, click the "HTML" link under the “View Details” column.
6. Review the “Authority Status” column to confirm the current registration status.
7. To check the status of a pending application, click the “Application Pending” link at the bottom of the page.
8. For a record of historical application activity, click on the “Authority History” link at the bottom of the page.

Additional Notes:

• Operating authority documents are typically received via mail within 3–4 business days.
• You may also obtain an immediate electronic copy of your certificate, permit, or license by visiting the FMCSA Daily Registration Decisions page.
• For further assistance, contact FMCSA at 800-832-5660, Monday–Friday, 8:00 a.m. to 8:00 p.m. ET, or submit an inquiry through the Ask FMCSA page.

To check the status of a USDOT number, click here.

The FMCSA's policy is to assign a unique USDOT identification number to each person required to identify themself with FMCSA under 49 U.S.C. 13902, 31134 and 49 C.F.R. 390.19T or 390.200T.  USDOT numbers are not transferable and are assigned to only one person and remain assigned to that person forever.  A person includes an individual, corporation, partnership, or other business organization as authorized by state law.  Each separate and distinct person must have separate registration.

For corporations, partnerships and other business organizations, the USDOT number will remain the same when there is a change in company officials, address or other demographic information, and the corporation, partnership, or other business organization will continue operations as the same legal person/entity. In case of a change in demographic information, the motor carrier is required to file an updated Form MCS-150, Motor Carrier Identification Report, within 30 days of the change. 

We will allow a sole proprietor to maintain its USDOT number when it changes its current form of business, and the new entity will continue to operate virtually the same (absent the form of business change) as before the change.  There would be no change in company officials, address, or other demographic information and the new entity will maintain identical operations, employees and assets.  We will permit a change in the Tax ID number based on the new articles of incorporation.

It is important to note that the regulation has not changed.  The Office of Registration and Safety Information is often asked whether a new USDOT number is or is not required following motor carrier ownership, form of business, or operational changes.  The office recently provided clarification and direction for what must be done when these situations arise.

If you perform trade, traffic, or transportation exclusively in your business’s domicile state, this is considered intrastate commerce.

If your trade, traffic, or transportation is one of the following, this is considered interstate commerce. Source: 49 CFR 390.5.:

• Between a place in a state and a place outside of such state (including a place outside of the United States)
• Between two places in a state through another state or a place outside of the United States
• Between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States

You can determine the status of your USDOT number in these ways:

• Online: Go to the SAFER website and search by name, USDOT number or MC number
• Submit a ticket: Visit our website at: ask.fmcsa.dot.gov. Scroll to the bottom of the page and complete the required fields (and upload any documents, if applicable). You will receive a tracking number;
• Chat: Initiate a live chat with FMCSA Customer Service
• Phone: Call 800-832-5660 to speak to FMCSA Customer Service

To reinstate your operating authority (MC, FF, or MX Docket Number), you will be required to:

• Comply to with the minimum financial responsibility requirements and Designation of Process Agent (BOC-3 Form) on file with FMCSA. Please see our Insurance Requirements website for more information; and
• Motor Carriers Only: Have an active USDOT Number with up-to-date contact information on file. Our systems will not allow users to request reinstatement if the USDOT Number is Inactive or Out of Service. You may submit an MCS-150 Form along with your reinstatement request to update your information.

The cost to request a reinstatement is $80.00. Authority is typically active within a week of application receipt and valid payment. FMCSA will notify you if your application is on hold, pending additional information or in vetting under review.

Please note: You cannot request reinstatement if you have been placed Out of Service for being an "imminent hazard" or due to a final unsatisfactory safety rating ("UNSAT/UNFIT). 

You may submit your operating authority reinstatement request following any of the options below:

• Online: Request reinstatement online via your FMCSA Portal account (Don't have an FMCSA Portal Account to Make Online Changes?)
• Paper: Send your completed and signed MCSA-5889 Form to us by submitting a ticket via our ASK website (scroll to the bottom of the page, complete the required fields, and upload your document). You will receive a confirmation number by email. Alternatively, you may fax a completed and signed MCSA-5889 Form to 202-366-3477. Paper submissions may take up 8 days for review and processing. 

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.

If you would like to suspend operations, you can request voluntary revocation of operating authority (OA) registration by following the steps below:

Step 1: Verify your current Operating Authority registration status.

Step 2: Fill out Form OCE-46

Complete Form OCE-46 to request Voluntary Revocation of your authority (MC/MX/FF). 

The form must be notarized or signed in the presence of a FMCSA staff member.

Step 3: Fill out Form MCS-150 or MCS-150B to: (A) Inactivate or (B) Update USDOT registration

 A) To inactivate your USDOT number, follow these steps:

1. Complete either an updated MCS-150 or MCS-150B form (for Hazmat Carriers).
2. In the "reason for filing" section of the form, check the box labeled "Out of Business Notification." This applies even if your company remains in operation for other purposes.
3. Ensure that you complete items 1-16 and 30-31 on the form.
4. Include a copy of a Driver's License from the individual who signed either #31 on the MCS-150 or #37 on the MCS-150B certification statement (as an attachment).

B) To update your USDOT (to continue operations that do not require Operating Authority):

1. Update ONLINE via your FMCSA Portal account. Don't have an FMCSA Portal Account to Make Online Changes? ; or
2. Complete and submit either an updated MCS-150 or MCS-150B form (for Hazmat Carriers).
   1. In the "reason for filing" section of the form, check the box labeled "Biennial Update or Changes."
   2. Ensure that you complete all applicable items 1-16, 21, 30-31 and any others where information has changed since the last update.
   3. Include a copy of a Driver's License from the individual who signed either #31 on the MCS-150 or #37 on the MCS-150B certification statement (as an attachment).

Step 4: Submit Your Form(s)

You can submit the completed and signed forms using one of the following options (expect up to 8 days for review and processing):

• Submit a ticket. This is the quickest option, and you will receive a confirmation number via email.
• Fax the completed forms to 202-366-3477.
• Mail to:
  
  Federal Motor Carrier Safety Administration
  Office of Registration (MC-RS)
  1200 New Jersey Avenue, SE, Room W65-206
  Washington, D.C. 20590