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May a new entrant request an administrative review of a failed safety audit? (§ 385.327)

If a new entrant receives a notice under § 385.319(c) that its new entrant registration will be revoked, it may request FMCSA to conduct an administrative review if it believes FMCSA has committed an error in determining that its basic safety management controls are inadequate. The request must:

  • Be made to the Field Administrator of the appropriate FMCSA Service Center
  • Explain the error the new entrant believes FMCSA committed in its determination
  • Include a list of all factual and procedural issues in dispute and any information or documents that support the new entrant’s argument

FMCSA may request that the new entrant submit additional data and attend a conference to discuss the issues(s) in dispute. If the new entrant does not attend the conference or does not submit the requested data, FMCSA may dismiss the new entrant’s request for review.

A new entrant must submit a request for an administrative review within one of the following time periods:

  • If it does not submit evidence of corrective action under § 385.319(c), within 90 days after the date it is notified that its basic safety management controls are inadequate
  • If it submits evidence of corrective action under § 385.319(c), within 90 days after the date it is notified that its corrective action is insufficient and its basic safety management controls remain inadequate

If a new entrant wants to ensure that FMCSA will be able to issue a final written decision before the prohibitions outlined in § 385.325(c) take effect, the new entrant must submit its request no later than 15 days from the date of the notice that its basic safety management controls are inadequate. Failure to submit the request within this 15-day period may result in revocation of new entrant registration and issuance of an out-of-service order before completion of administrative review.

FMCSA will complete its review and notify the new entrant in writing of its decision within:

  • 45 days after receiving a request for review from a new entrant that is subject to § 385.319(c)(1)
  • 30 days after receiving a request for review from a new entrant that is subject to § 385.319(c)(2)

The Field Administrator’s decision constitutes the final Agency action.

For more information on the New Entrant Program, click here.

Last Updated: May 22, 2023

What happens if a motor carrier fails its new entrant safety audit? (§ 385.319 and 385.325)

If FMCSA determines the safety audit discloses the new entrant’s basic safety management controls are inadequate, the Agency will provide the new entrant written notice, as soon as practicable, but not later than 45 days after the completion of the safety audit, that its USDOT new entrant registration will be revoked, and its operations placed out-of-service unless it takes the actions to remedy its safety management practices.

If a new entrant fails to submit a written response demonstrating corrective action acceptable to FMCSA within the time specified in § 385.319, FMCSA will revoke its new entrant registration and issue an out-of-service order:

  • 45-day corrective action requirement: Each new entrant listed below must take the specified actions to remedy inadequate safety management practices within 45 days of the date of the notice. FMCSA will revoke its new entrant registration and issue and out-of-service order on the 46th day if the written response is not acceptable:
    • A new entrant that transports passengers in a CMV designed or used to transport between 9 and 15 passengers (including the driver) for direct compensation
    • A new entrant that transports passengers in a CMV designed or used to transport more than 15 passengers (including the driver)
    • A new entrant that transports hazardous materials requiring placards in a CMV as defined in the definition of a “Commercial Motor Vehicle” in § 390.5
  • 60-day corrective action requirement: All other new entrants must take the specified actions to remedy inadequate safety management practices within 60 days of the date of the notice. FMCSA will revoke its new entrant registration and issue and out-of-service order on the 61st day if the written response is not acceptable.

For more information on the New Entrant Program, click here.

Last Updated: May 22, 2023

What happens if a new entrant refuses a safety audit? (§ 385.337)

If a new entrant refuses to permit a safety audit to be performed on its operations, FMCSA will provide the carrier with written notice that its new entrant registration will be revoked and its operations placed out of service unless the new entrant agrees in writing, within 10 days from the service date of the notice, to permit the safety audit to be performed. The refusal to permit a safety audit to be performed may result in the new entrant being placed out of service and subjected to the penalty provisions of 49 U.S.C. 521(b)(2)(A), as adjusted for inflation by 49 CFR part 386, Appendix B.

For more information on the New Entrant Program, click here.

Last Updated: May 22, 2023

What are the benefits of the new Unified Registration System (URS) rule?

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.

Last Updated: May 22, 2023

I am a Mexican Citizen, and my business is in the U.S. Can I apply for operating authority to transport cargo within the U.S.?

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.

Last Updated: May 22, 2023

Do intrastate carriers of non-hazardous materials need a USDOT number?

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. 

Last Updated: May 22, 2023

What is the New Entrant Program?

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.

Last Updated: May 22, 2023

How can I check out a moving company or file a complaint against a motor carrier or broker?

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.

Last Updated: May 22, 2023

What does a new entrant need to do to reapply after its new entrant registration has been revoked? (§ 385.329T)

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.

Last Updated: May 22, 2023

What are the consequences of furnishing misleading information or making a false statement in connection with the New Entrant registration process? (§ 385.306)

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.

Last Updated: May 22, 2023

Who does the New Entrant rule apply to?

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.

Last Updated: May 22, 2023

How do you complete a biennial update?

If your USDOT Number is active, online updates can be made via your FMCSA Portal account. Don't have an FMCSA Portal Account to Make Online Changes? 

If your number is inactive, you will need to submit a paper form. See our Registration Forms page for more information.

Check SAFER to verify your current USDOT Number status.

Biennial Update

Federal Motor Carrier Safety Administration (FMCSA) requires all entities under its jurisdiction to update their information every two years. You are required to provide this update every two years even if your company has not changed its information, has ceased interstate operations since the last update, or is no longer in business and you did not notify FMCSA.

Failure to complete a Biennial Update will result in deactivation of your USDOT number and may result in civil penalties of up to $1,000 per day, not to exceed $10,000.

Updating your information is free. We have included instructions below to help you complete your biennial update.

  • Deadlines for Filing an Update
  • Update via the FMCSA Ask Website
  • Update via US Mail (may delay the process)

What is the Deadline to Update?

Filing schedule: Each motor carrier or intermodal equipment provider must file the appropriate form at the following times:

  • Before it begins operations; and
  • Every 24 months according to the following schedule:
USDOT number ending in: Must file by last day of:
1 January
2 February
3 March
4 April
5 May
6 June
7 July
8 August
9 September
0 October

If the next-to-last digit of its USDOT Number is odd, the motor carrier or intermodal equipment provider shall file its update in every odd-numbered calendar year. If the next-to-last digit of the USDOT Number is even, the motor carrier or intermodal equipment provider shall file its update in every even-numbered calendar year.

Last Updated: May 20, 2023

How do I get operating authority (MC number)?

If you already have a USDOT number, you must complete the appropriate motor carrier operating authority forms (OP-1 series) and submit them to FMCSA for processing. Please read the instructions for the appropriate OP-series form carefully to avoid errors.

If you do not already have a US DOT number or other authority, you must begin the online registration process via our Unified Registration System. This process requires a credit card.

There is a $300 fee for each operating authority requested.

PLEASE MAKE SURE YOU READ THE INSTRUCTIONS AND APPLY FOR THE CORRECT TYPE OF MOTOR CARRIER OPERATING AUTHORITY. THE $300 FILING FEE IS NON-REFUNDABLE.

Last Updated: May 20, 2023

What is the cost for obtaining operating authority (MC/FF/MX number)?

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

Last Updated: May 20, 2023

Are the Unified Registration System (URS) and the Unified Carrier Registration (UCR) the Same Thing?

No. URS stands for "Unified Registration System," a new electronic on-line registration system that will streamline and simplify the Federal Motor Carrier Safety Administration's (FMCSA) registration process and serve as a clearinghouse and depository of information on all entities regulated by the Agency. You can learn more about URS at this page.

UCR stands for "Unified Carrier Registration," which is not an FMCSA program. It refers to an agreement among the states set up by Congress governing the collection and distribution of registration information and UCR fees paid to states by motor carriers, private motor carriers, brokers, freight forwarders, and leasing companies pursuant to 49 U.S.C. Section 14504a.  The fees collected support state motor carrier safety activities. For more information, click here.

Last Updated: May 20, 2023

How do I inactivate my USDOT number?

You must submit the Form MCS-150 and select the reason for filing as “Out of Business.” Please provide a copy (as an attachment) of the Driver’s License from the individual who signed the certification statement either #31 on the Form MCS-150, #37 on the Form MCS-150B, or #22 on the Form MCS-150 C. 

If you have an active operating authority linked to your USDOT Number, you must submit the Form OCE-46 along with the Form MCS-150. The Form OCE-46 must be notarized or signed in the presence of an FMCSA staff member. 

You can submit the completed and signed forms using the following options:

  • Submit a ticket via the FMCSA Registration Contact webpage. 
  • Fax: You can fax the completed and signed form and letter to 202-366-3477. 

Please note FMCSA strongly encourages users to submit a ticket via the FMCSA Registration Contact webpage for a faster processing time.

 

 

 

Last Updated: May 20, 2023

How do I reactivate my USDOT number?

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.

Last Updated: May 20, 2023

How do I change the company address or phone number for my motor carrier operating authority (MC number)?

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

Last Updated: May 20, 2023

How can I check the status of my operating authority (MC/FF/MX number) registration and/or application, and obtain a copy of my certificate, permit, or license?

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.

Last Updated: May 20, 2023

Do I need a new USDOT number if I am changing my company’s Legal Name or Form of Business?

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.

Last Updated: May 20, 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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