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Yes if you are operating interstate commerce and one of the following apply to you:
- Your vehicle is designed or used to transport 9 to 15 passengers (including the driver) and is operated for compensation, whether direct or indirect
- Your vehicle is designed or used to transport 16 or more passengers (including the driver)
- Your passenger-carrying vehicle has an actual weight or gross vehicle weight rating of 10,001 pounds (4,536 kg) or more
For information on how to apply for a US DOT number, click here.
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Yes, leasing motor carrier services is permissible if you comply with the requirements under FMCSR Section 376.11.
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Yes. Even though you have submitted a copy of your medical certificate to your state driver’s licensing agency, you still have to carry it with you for a minimum of 10 days to give the state time to add it to the system.
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Yes - if you are for-hire and engaging in interstate commerce (crossing state lines, going to the airport or port of entry).
A for-hire passenger carrier is a company that provides transportation of passengers for compensation.
You can be a for-hire passenger carrier regardless of whether:
- You are compensated directly or indirectly for the transportation service provided, or
- The compensation is paid or not paid by the passengers
To apply for passenger carrier authority, first-time applicants must begin the online registration process via our Unified Registration System. This process requires a credit card.
If you already have a US DOT number and/or an additional operating authority, you must apply via our existing application procedures.
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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:
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Log into the FMCSA Portal.
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Select the “Reports” tab from the menu at the top.
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Select the date range and information you would like to include in the report .
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Click the “Submit Request” button. A new window will open with confirmation that the request has been submitted. Click “OK”.
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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.
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Select the applicable download button (“Download PDF” or “Download XML” button).
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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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No, USDOT Numbers are not transferable. For more information about USDOT numbers and changing ownership, legal name or form of business, click here.
Operating authorities (MC numbers) are transferable. For more information, please see our Operating Authority Transfer FAQs.
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No. A motor carrier cannot broker loads without first applying for and receiving a license to operate as a property broker.
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A new entrant that commits any of the following actions, identified through roadside inspections or by any other means, may be subjected to an expedited safety audit or a compliance review or may be required to submit a written response demonstrating corrective action:
- Using a driver not possessing a valid commercial driver’s license to operate a commercial vehicle as defined under§ 383.5.
- An invalid commercial driver’s license includes one that is falsified, revoked, expired, or missing a required endorsement
- Operating a vehicle placed out of service for violations of the Federal Motor Carrier Safety Regulations or compatible State laws and regulations without taking necessary corrective action
- Being involved in, through action or omission, a hazardous materials reportable incident, as described under 49 CFR 171.15 or 171.16, involving—
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- A highway route controlled quantity of certain radioactive materials (Class 7)
- Any quantity of certain explosives (Class 1, Division 1.1, 1.2, or 1.3)
- Any quantity of certain poison inhalation hazard materials (Zone A or B)
- Being involved in, through action or omission, two or more hazardous materials reportable incidents as described under 49 CFR 171.15 or 171.16, involving hazardous materials other than those listed above
- Using a driver who tests positive for controlled substances or alcohol or who refuses to submit to required controlled substances or alcohol tests
- Operating a commercial motor vehicle without the levels of financial responsibility required under part 387 of this subchapter
- Having a driver or vehicle out-of-service rate of 50 percent or more based upon at least three inspections occurring within a consecutive 90-day period
Source: 49 CFR 385.308
For more information on the New Entrant Program, click here.
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A lack of basic safety management controls or failure to comply with one or more of the regulations set forth in the chart below and will result in a notice to a new entrant that its USDOT new entrant registration will be revoked.
Automatic failure of the audit: a new entrant will automatically fail a safety audit if found in violation of any one of the following 16 regulations:
Table to § 385.321: Violations That Will Result in Automatic Failure of the New Entrant Safety Audit
Violation |
Guidelines for Determining Automatic Failure of the Safety Audit |
---|---|
§ 382.115(a)/§ 382.115(b)—Failing to implement an alcohol and/or controlled substances testing program (domestic and foreign motor carriers, respectively). |
Single occurrence. |
§ 382.201— Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function. |
Single occurrence. |
§ 382.211—Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382. |
Single occurrence. |
§ 382.215—Using a driver known to have tested positive for a controlled substance. |
Single occurrence. |
§382.305—Failing to implement a random controlled substances and/or alcohol testing program. |
Single occurrence. |
§ 383.3(a)/§ 383.23(a)—Knowingly using a driver who does not possess a valid CDL. |
Single occurrence. |
§ 383.37(b)—Knowingly allowing, requiring, permitting, or authorizing an employee to operate a commercial motor vehicle with a commercial learner’s permit or commercial driver’s license which is disqualified by a State, has lost the right to operate a CMV in a State or who is disqualified to operate a commercial motor vehicle. |
Single occurrence. |
§ 383.51(a)—Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle. |
Single occurrence. |
§ 387.7(a)—Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage. |
Single occurrence. |
§387.31(a)—Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility. |
Single occurrence. |
§ 391.15(a)—Knowingly using a disqualified driver. |
Single occurrence. |
§ 391.11(b)(4)—Knowingly using a physically unqualified driver. |
Single occurrence. |
§ 395.8(a)—Failing to require a driver to make a record of duty status. |
Requires a violation threshold (51% or more of examined records) to trigger automatic failure. |
§ 396.9(c)(2)—Requiring or permitting the operation of a commercial motor vehicle declared ‘‘out-of-service’’ before repairs are made. |
Single occurrence. |
§396.11(c)—Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again. |
Single occurrence. |
§ 396.17(a)—Using a commercial motor vehicle not periodically inspected. |
Requires a violation threshold (51% or more of examined records) trigger automatic failure. |
For more information on the New Entrant Program, click here.
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The Federal Motor Carrier Safety Administration (FMCSA) has issued guidance to organizations and businesses that transport passengers in interstate commerce, clarifying existing FMCSA regulations and requirements. FMCSA constructed an online resource page to help advise organizations and businesses that may provide interstate passenger transportation services.
To find fact sheets and other information to help you interpret this guidance, click here.
To read the Federal Register Notice on this topic, click here.
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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.
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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:
Transferor (Seller) |
Transferee (Buyer) |
Company Name |
Company Name |
Doing Business As (DBA) or Trade Name |
Doing Business As (DBA) or Trade Name |
Form of Business (Corporation, Partnership, or Sole Proprietorship) |
Form of Business (Corporation, Partnership, or Sole Proprietorship) |
USDOT # (except brokers) |
USDOT # (if any) |
Docket # (MC/FF/MX) |
Docket # (MC/FF/MX) |
Business Address |
Business Address |
Business Phone Number |
Business Phone Number |
Name of Business Owner(s) |
Name of Business Owner(s) |
Transferor Signature |
Transferee Signature |
Date Transfer took place |
Date Transfer took place |
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:
- 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)
- 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.
- 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.
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While an application for FMCSA operating authority is typically granted within 25 business days, the process may be extended if the application requires additional review. This review, referred to as "Vetting", ensures that operating authority applicants demonstrate a willingness and ability to comply with applicable statutes and regulations to obtain and maintain operating authority registration. During the Vetting process, your application will be listed as "Suspended" in FMCSA systems.
FMCSA evaluates, among other things, the following factors to determine whether an operating authority applicant is willing and able to comply with applicable statutory and regulatory requirements:
- The nature and extent of existing or past violations;
- the degree to which existing or past violations will affect, or have affected, the safety of operations, taking into account any crashes, deaths, or injuries associated with the violations;
- whether existing or past regulatory or statutory violations are the result of a willful failure to comply with applicable requirements;
- the existence and nature of pending and closed enforcement actions;
- whether adequate safety management controls exist to ensure acceptable compliance with applicable requirements; and
- the existence of corrective action, if any.
FMCSA does take into account attempts to correct past violations, corrective action and other similar corrective action plans. FMCSA also considers the existence of any mitigating circumstances surrounding the regulated entity's conduct. Additional information about Vetting can be found here.
FMCSA will notify you by e-mail if your application is subject to vetting and by e-mail and/or mail if additional information is needed for the review. If you don’t hear from FMCSA within 2 weeks from the day you applied for operating authority – and – your application status is Suspended in FMCSA systems, please contact us by webform, phone or chat.
Once the Vetting process is complete and the application status is changed from Suspended to Accepted in FMCSA systems, you must comply with additional requirements, including your Process Agent Designation (BOC-3 form), proof of insurance and/or surety bond or trust fund agreement. Only then, FMCSA will grant you operating authority.
Tips to help your application be processed as efficiently as possible:
- Motor Carriers: Ensure your USDOT Number is in an Active status.
- Motor Carriers: Provide a valid Principal Place of Business as your physical address. Do not use a P.O. Box, UPS Store, etc.
- Contact information (phone, e-mail) in FMCSA systems must be valid and up-to-date.
- Corporations (LLC, Inc., etc.): Make sure your company name on the application matches what you filed with the Secretary of State.
- Sole Proprietors: Make sure your legal name is your personal name. Trade name/DBA will be your company name.
- When filing the application for operating authority, remember to answer whether you currently have, or had within the last 3 years of the date of filing the application, any relationships involving common stock, common ownership, common management, common control or familial relationships with any FMCSA-regulated entities.
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You are subject to FMCSA regulations if you operate any of the following types of commercial motor vehicles in interstate commerce:
- A vehicle with a gross vehicle weight rating or gross combination weight rating (whichever is greater) of 4,537 kg (10,001 lbs.) or more (GVWR, GCWR, GVW or GCW)
- A vehicle designed or used to transport between 9 and 15 passengers (including the driver) for compensation, whether direct or indirect
- A vehicle designed or used to transport 15 or more passengers including the driver and not used for compensation
- Any size vehicle used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Parts 100-177). This includes INTRASTATE Hazardous Materials carriers
If you meet the above criteria, you must comply with the applicable U.S. Department of Transportation (DOT) safety regulations concerning:
- Controlled substances and alcohol testing for all persons required to possess a CDL
- Driver qualifications (including medical exams)
- Driving of commercial motor vehicles; parts and accessories necessary for safe operations
- Hours of service
- Inspection, repair and maintenance
You can find FMCSA regulations in the US GPO’s Code of Federal Regulations website. Select the most recent year, then go to Title 49, then parts 300-399.
For some definitions of FMCSA terms, click here.
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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.
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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.
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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.
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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.
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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.
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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.
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