New entities must apply for their own operating authority. In corporate purchase transactions involving an entire operation, however, a motor carrier, broker, or freight forwarder may instead choose to transfer its existing operating authority to the new entity as a part of the transaction. Transfers most often occur during a corporate merger or acquisition, or during a corporate restructuring.  Because FMCSA discontinued the operating authority transfer review and approval process described in 49 CFR Part 365, Subpart D, in 2013, these transactions no longer require FMCSA approval prior to completion. To ensure accurate registration information, FMCSA will record and track an Operating Authority Transfer when the “transfer” is part of a purchase transaction involving an entire operation and the Agency receives adequate notification from both the transferor and transferee documenting the transaction.  

For example, if XYZ Trucking (XYZ) and ABC Transportation (ABC) decide to merge and form a new company, FTA Trucking, the new company would have to apply for a new USDOT number but may request a transfer of Operating Authority from either XYZ or ABC.  Similarly, if XYZ is acquired by ABC and ABC does not already have operating authority, but does have a USDOT number, XYZ may transfer its operating authority to ABC as a part of the corporate transaction. 

To effectively record the “transfer,” and track registration, both transferors and transferees will be asked to provide basic identifying information about their business operations.  In addition, FMCSA may request evidence of the requisite merger or acquisition (e.g., articles or agreement showing merger, transfer of assets, transfer of ownership, etc.). If the merger or acquisition results in the transferor terminating all of its transportation operations, the transferor should also submit an MCS-150 out of business notification.

To properly record a transfer, FMCSA will need the following:

Once the transfer recording request is received, FMCSA will review and contact the requestor for any additional information, if needed. If FMCSA determines that the submission is not actually a request to record a transfer, the Agency may direct the parties to complete the appropriate registration applications or forms to complete their desired transaction. After the request is recorded in FMCSA Systems:

1. Transferees will receive a letter in the mail instructing the recipient company to submit:
   • Proof of financial responsibility (Insurance)
   • Designation of a process agent (BOC-3 form)
2. The updated OA information will appear in the FMCSA Licensing & Insurance page and the OA status will be displayed as “Inactive” until the above requirements are met.
3. Once the OA is Active, the transferee can download a copy of order recording the transfer. A hard copy will also be mailed.

Submit a request to record a transfer using one of the options below:

Option 1: Submit a ticket through our website at Ask FMCSA using the Submit Us a Ticket icon at the top of the page, completing the required fields, and uploading documents. This is the fastest option.  FMCSA sends confirmation emails for Ask FMCSA requests.

Option 2: Fax all required information with an explicit request to record an Operating Authority Transfer to 202-366-3477.

If you need further assistance, please contact us at 1-800-832-5660 or via our Ask FMCSA page.

For more information, FMCSA provided notice in 2013 on the process to record transfers of operating authority registration by non-exempt for-hire motor carriers, property brokers and freight forwarders. Visit https://www.federalregister.gov/documents/2013/08/23/2013-20443/transfers-of-operating-authority-registration.