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.

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 by creating 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.

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.

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 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. 

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:

1. Motor Carriers: Ensure your USDOT Number is in an Active status.
2. Motor Carriers: Provide a valid Principal Place of Business as your physical address. Do not use a P.O. Box, UPS Store, etc.
3. Contact information (phone, e-mail) in FMCSA systems must be valid and up-to-date.
4. Corporations (LLC, Inc., etc.): Make sure your company name on the application matches what you filed with the Secretary of State.
5. Sole Proprietors: Make sure your legal name is your personal name. Trade name/DBA will be your company name.
6. 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.

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.

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.

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.

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.

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.

You can now update the following USDOT company information online via FMCSA Portal: 

• Applying for additional operating authority 
• File a biennial update (MCS-150) 
• Change of address 
• Reinstate Operating Authority 
• Reapplication for USDOT Number after revocation 
• Update cargo tank 
• Update HM Safety Permit (MCS-150B) 

Other transactions, like legal name change requests, that required paper forms before the transition of the Registration options (L&I page) to the FMCSA Portal will continue to be submitted on paper. See the FMCSA Registration Forms page for details.

To proceed with updating your company information, check current status online in SAFER Company Snapshot. Then, proceed to request updates online via FMCSA Portal or on paper via the FMCSA Registration Forms. If the latter, please expect a minimum timeframe of 8 business days for review and processing. 

If you don't have an FMCSA Portal, follow the steps below:

Step 1 -- Obtain Your USDOT PIN: Make sure you have your company info handy (i.e., EIN, USDOT) and go to SAFER and select the option to request a PIN and follow the prompts. The PIN will be sent to the e-mail or cell phone currently on file. 

Step 2 -- Obtain Your Login.gov E-mail: Login.gov is the official, single sign-on service for US Government services online. If you don't already have a Login.gov e-mail, sign-up for free at https://login.gov/create-an-account/ 

Step 3 -- Create the FMCSA Portal Account: Visit the FMCSA Portal website at FMCSA Portal and walkthrough the account instructions. You'll only need to go through the steps and use your FMCSA PIN once during account set-up; after that, the Login.gov e-mail address is all you'll need to access your company record.

If you need extra assistance, we've created step-by-step instructions with screenshots for your reference at FMCSA Portal Registration User Guide for FMCSA Registered Entities and Associates. These instructions also show you how to add, change, or remove company employees or other users who are authorized to make changes on your behalf, like a service provider.

If you're still running into trouble, please call us at 1-800-832-5660 or chat with an agent at https://ask.fmcsa.dot.gov/app/chat/chat_launch. 

We'll continue to accept e-mailed forms, along with a copy of Government-issued identification and any applicable supporting documentation at: https://ask.fmcsa.dot.gov/app/ticket.

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.

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 Filings Requirements 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. Paper submissions may take up 8 days for review and processing. 

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. 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.

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.
• Mail to:
  
  Federal Motor Carrier Safety Administration
  Office of Registration (MC-RS)
  1200 New Jersey Avenue, SE, Room W65-206
  Washington, D.C. 20590

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:

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.

In general, a USDOT Number is required if you are operating in interstate commerce and meet the following criteria:

• You have vehicles that are over 10,000 lbs. (GVWR, GCWR, GVW or GCW)
• You transport between 9 and 15 passengers (including the driver) for compensation, whether direct or indirect
• You transport 16 or more passengers
• You haul hazardous materials

Click here for a step-by-step tool that helps you determine whether you need a USDOT or MC number. There is no charge to get a USDOT number. For more information on how to get a USDOT number, please see the FAQ "How do I get a US DOT number?" For some definitions of FMCSA terms, click here.

If you would like information on getting operating authority as a for-hire carrier (MC/MX/FF numbers), click here.

If you are an existing company changing your form of business, click here. 

The compliance date for this requirement (49 CFR 390.19) occurred November 1, 2013.

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

• Before it begins operations
• Whenever there is a change in information (address, telephone number, email, # power units, etc.)
• Every 24 months, according to the following schedule:

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.

FMCSA also requires you to update your registration information within 30 days of any change.  FMCSA considers updates completed by a motor carrier, Intermodal Equipment Provider (IEP), or Hazardous Materials Safety Permit (HMSP) holder if changes are reported within 12 months prior to the biennial update due date.  In which case the entity will not receive a Biennial Update Reminder until the next biennial update due date. 

To find out the current status of your USDOT number, click here to search by name or number at the SAFER Company Snapshot.