• FMCSA authorization as a for-hire carrier, freight forwarder, or broker is conditional on the applicant filing with the USDOT a “Designation of Agent for Service of Process.”
• Process agents are designated by the BOC-3 form, which must be filed with the FMCSA.

Authorization granted by the Federal Motor Carrier Safety Administration (FMCSA) to operate as a for-hire carrier, freight forwarder, or broker requires the applicant, as a condition of authorization, to file with the U.S. Department of Transportation (USDOT) a “Designation of Agent for Service of Process” for each state in which operations will be conducted.

The agent for service of process is the carrier’s “statutory agent,” located in each state of operation, and may receive notice of any actions against the carrier in that state on behalf of the carrier. The process agent functions as a conduit between the legal system and the motor carrier. This enables court actions to be served in the jurisdiction where the event occurred and eliminates the need to search for the location of a motor carrier domiciled in another jurisdiction. To locate a carrier’s process agent, the USDOT will provide the agent’s name and address from its files.

The carrier may use a “blanket designation” to meet this requirement, rather than contracting with an agent in each state individually. The BOC-3 form is used to designate process agents. Unless a carrier is serving as its own agent, only a process agent, on behalf of the carrier, can file the BOC-3 form with the FMCSA. A broker or freight forwarder applicant that operates no commercial motor vehicles (CMVs) can file on their own behalf. Only one BOC-3 form can be on file with the FMCSA. A copy must be retained by the filing entity at its principal place of business.

At a date to be determined by the FMCSA, as part of the Unified Registration System (URS-1) final rule, private carriers and for-hire carriers of exempt commodities will be required to:

• File a Designation of Agent for Service of Process with the FMCSA (366.1);
• Report changes to a designation, such as name, address, or contact information, to the FMCSA within 30 days of the change (366.6); and
• Report changes in name, address, or contact information to the process agents and/or the company making a blanket designation on behalf the carrier, broker, or freight forwarder within 30 days of the change. (366.6)

Whenever a process agent and/or company making a blanket designation on behalf of a motor carrier, broker, or freight forwarder terminates its contract or relationship with the entity, report the termination to the FMCSA within 30 days of the termination. (366.6)