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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

After I provide my State Driver Licensing Agency (SDLA) with my unexpired medical examiner’s certificate, do I still have to carry an original or copy of my medical examiner’s certificate?

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.

Last Updated: May 23, 2023

As a passenger carrier, will I need Operating Authority?

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.

Last Updated: May 23, 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

Are USDOT numbers transferable?

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.

Last Updated: May 23, 2023

Can a motor carrier broker loads?

No. A motor carrier cannot broker loads without first applying for and receiving a license to operate as a property broker.

Last Updated: May 23, 2023

Am I required to have broker authority if I am brokering loads of a non-regulated (exempt) commodity such as garbage?
The term "broker" means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by a motor carrier for compensation.

The rule is, if the underlying transportation is exempt from commercial jurisdiction and you would not need motor carrier operating authority (MC number) to transport the commodity, you don't need broker authority to broker it.

For a list of exempt commodities, please click here to access Administrative Ruling 119.

To broker non-exempt commodities, you must obtain operating authority. For information on obtaining broker authority, click here.
 
 

 

Last Updated: May 23, 2023

As a passenger carrier, do I need a USDOT number?

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.

Last Updated: May 23, 2023

Can I lease my services and operate under another entity's operating authority until my own is active?

Yes, leasing motor carrier services is permissible if you comply with the requirements under FMCSR Section 376.11.

Last Updated: May 23, 2023

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

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U.S. DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

1200 NEW JERSEY AVENUE, SE

WASHINGTON, DC 20590

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