- UPDATE: Broker and Freight Forwarder Financial Responsibility Rulemaking Efforts
- HOW TO Define FMCSA Operating Authority Types for Freight Forwarders and Brokers
- Login.gov Coming to FMCSA Portal
- Updated ASK FMCSA Landing Page
- Adding Driver's License to Registration Records Updates
- PIN Request Temporarily Unavailable
- Fraud Advisory
- FMCSA Position on Aggressive Telemarketing
- Update Process Adjustment
- Company Safety Profile (CSP) Update
- New Process for Dismissed Operating Authority Applications
- FMCSA Daily Decisions on Operating Authority (CPLs, Reinstatements, Re-entitlements)
On November 16, 2023, FMCSA published a Final Rule on broker and freight forwarder financial responsibility requirements. With this rule, the Agency has finalized regulations in five separate areas:
1) assets readily available;
2) immediate suspension of broker/freight forwarder operating authority registration;
3) surety or trust responsibilities in cases of broker/freight forwarder financial failure or insolvency;
4) enforcement authority; and
5) entities eligible to provide trust funds for form BMC-85 trust fund filings.
It is FMCSA’s intent that the provisions in this rule will alleviate the effects of broker or trustee non-payment of claims. The rule is effective on January 16, 2024. The notice is available on the Federal Register at https://www.federalregister.gov/documents/2023/11/16/2023-25312/broker-and-freight-forwarder-financial-responsibility
Continuing with the FMCSA’s Office of Registration “HOW TO” Video Series, we would like to present “HOW TO Define FMCSA Operating Authority (OA) Types for Freight Forwarders and Brokers”. If you’re registering with FMCSA for the first time, or if you are expanding your operations to offer additional services, you need to understand the requirements for Operating Authority (OA). In this video, we cover the types of Operating Authority (OA) for Brokers and Freight Forwarders, as these are distinct and different from Motor Carrier of Property (except Household Goods), Motor Carrier of Household Goods, and Motor Carrier of Passengers. The video summarizes regulatory guidance FMCSA issued on June 16, 2023, clarifying the definitions of “broker” and “bona fide agents”. It also explains the minimum levels of financial responsibility in the form of either a surety bond or trust fund agreement for $75,000 that both brokers and freight forwarders must maintain, as well as the appropriate levels of bodily injury and property damage insurance freight forwarders must maintain if they operate commercial motor vehicles. In addition, brokers and freight forwarders must designate a Process Agent in each State that they operate.
In response to the presidential mandate for Multi-Factor Authentication (MFA), this Fall, the FMCSA will start offering FMCSA Portal users Login.gov as an option to access the FMCSA Portal. Starting in 2024, Login.gov will solely be used for accessing the FMCSA Portal and other FMCSA systems. To ensure a seamless transition, verify your FMCSA Portal Profile, ensuring your portal account's email matches your Login.gov account. If you haven't registered with Login.gov yet, use your Portal account email for registration. For assistance or inquiries about your Portal email, contact us.
Your cooperation is greatly appreciated as we enhance security and accessibility on the FMCSA Portal. Learn more: What is Login.gov?
Our Ask FMCSA page has undergone a significant update! The page can now be accessed conveniently at https://www.fmcsa.dot.gov/registration/ask-fmcsa. We're also introducing user-friendly icons to elevate your experience like the "Chat with Us" icon, offering real-time assistance, and the "Send Us a Ticket" icon, for submitting form requests and inquiries. Our Frequently Asked Questions (FAQs) section has been enhanced. You can now easily search for FAQs by topic, and they are grouped and accompanied by icons for quick reference. Stay connected with us and explore these exciting new features as you engage with FMCSA.
As part of our efforts to address fraudulent activity, we have implemented a new requirement for updating a company’s registration record. Customers are required to submit a copy of their driver's license along with their MCS-150/150B/150C, MCSA-5889 Forms. The driver's license must belong to a company officer, such as the owner, director, or partner [i.e., whoever signed #31 (certification statement) of the MCS-150 or #37 of the MCS-150B]. This additional verification step helps safeguard your data and ensures the accuracy of your account information. We apologize for any inconvenience and appreciate your cooperation.
Go to FMCSA Registration Forms page.
As of June 30, 2023, the online PIN request system is temporarily unavailable. However, you may still request a PIN to be sent by mail to the mailing address on file, just as indicated below. We apologize for any inconvenience caused and appreciate your patience
A PIN can be requested online and delivered in one of two ways:
- Receive US DOT PIN by email immediately
- Receive US DOT PIN via hard-copy letter through the US Post Office
Please Note: Brokers may only request their PIN by mail through the US Post Office. FMCSA will continue to work on allowing Brokers to request their USDOT PIN information via email in the near future.
You can also request a PIN by going to https://safer.fmcsa.dot.gov and then clicking on the “Click here to request a USDOT Number PIN be emailed” prompt or "Click here to request a USDOT Number PIN be mailed to the address on file.
If you suspect your company has been victim of fraud or identity theft, we recommend using the official website of the Federal Trade Commission (FTC) dedicated to reporting fraud cases at: https://reportfraud.ftc.gov/#/
If you need assistance with your registration, please contact FMCSA by calling 1-800-832-5660.
FMCSA will not call you immediately after you submit your application for registration. However, FMCSA publicly displays motor carrier contact information (name, address, phone number) in accordance with the Government's Open Data Policy and USDOT's commitment in its Open Government Plan. This includes displaying contact information for all existing carriers registered with FMCSA and for all future applicants. Once this information becomes publicly available, please note that you may be contacted by private businesses and/or vendors.
While FMCSA requires evidence of financial responsibility and a process agent for many entities, the U.S. Government does not endorse and generally does not require the use of private businesses or vendors. FMCSA will not contact regulated entities through telemarketers or "robo-call" automated solicitations, nor will we request a credit card number or charge a fee for our downloadable forms. Please report aggressive or misleading telemarketers that pose as FMCSA or USDOT at: https://reportfraud.ftc.gov/#/
If you need assistance with your registration, please contact FMCSA by calling 1-800-832-5660.
Effective June 29, 2023: We are currently implementing a temporary adjustment to our update process. For the time being, requests for changes, including address, phone numbers, email addresses, and company officers will take longer than usual. We apologize for any inconvenience caused and appreciate your understanding.
Our support team (https://ask.fmcsa.dot.gov) is available to assist you with any other inquiries or concerns you may have. We are actively working on optimizing our procedures, and we will provide an update soon.
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:
- Log into the FMCSA Portal.
- Select the “Reports” tab from the menu at the top.
- Select the date range and information you would like to include in the report.
- Click the “Submit Request” button. A new window will open with confirmation that the request has been submitted. Click “OK”.
- 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.
- Select the applicable download button (“Download PDF” or “Download XML” button).
- 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
Effective August 1, 2023, FMCSA no longer accepts requests from entities to un-dismiss their operating authority application. This allows FMCSA to review new applications to ensure they are fit, willing, and able to comply with Federal regulations and laws.
- Submit an Appeal: If you have evidence that insurance was filed on time and the dismissal was made in error, you can choose to submit an appeal. Make sure to provide the necessary documentation to support your appeal.
- File a New Application: You can file a new application for operating authority. You have the option to apply online or by sending the corresponding OP series form as applicable. Additionally, you will need to pay the appropriate fee of $300 per type of operating authority requested.
Important Note: Applications following a rejection/dismissal must be filed under the same USDOT and MC/FF numbers. Any subsequent applications following a rejection or dismissal cannot be filed via the Unified Registration System.
The official record of an entity’s operating authority registration is found on the FMCSA’s Licensing & Insurance (L&I) system once the certificate, permit, or license is generated. Once the L&I System reflects that FMCSA has issued the certificate, permit, or license, the motor carrier, broker, or freight forwarder is authorized to commence operations. The information in the L&I system is the authoritative source for whether an entity is authorized to engaged in non-exempt, for-hire interstate operations.
Hard copies of certificates do not represent an active authority to engage in operations. For this reason, FMCSA does not require domestic motor carriers or freight forwarders to maintain a copy of their certificate, permit, or license in the commercial motor vehicle. Enforcement of operating authority registration violations must be based on information maintained in the L&I System, not on the information in a paper copy of the certificate, permit, or license, or (for U.S. domestic motor carriers) on the absence of a paper copy in the vehicle.
Before beginning non-exempt, for-hire motor carrier, broker, or freight forwarder operations in interstate commerce, entities are required under 49 U.S.C. 13901 to obtain operating authority registration. FMCSA regulations in 49 CFR part 365 were promulgated to implement the operating authority registration requirement. Under 49 CFR part 365, entities must submit an application for operating authority registration to FMCSA for review. Under 49 CFR 365.115(b), after FMCSA review and publication in the FMCSA Register, “[i]f no one opposes the application, the grant published in the FMCSA Register will become effective by issuance of a certificate, permit, or license.”
While the above message is still accurate, FMCSA is now making available the six daily decision letters to the public the day they are generated. This prevents customers from having to wait on the hard copy letter that comes in the mail. Anyone can access these daily decision letters on our FMCSA Registration Homepage at: https://www.fmcsa.dot.gov/daily-decisions located on the left and top menu of our page. You can also find it by clicking on the "Daily Decisions" blue button below.