Question 1: After FMCSA completes a PASA and the applicant has failed the PASA, what will happen next?
Guidance: FMCSA will deny an application for provisional operating authority if a Mexico-domiciled motor carrier fails the PASA. If a Mexico-domiciled motor carrier fails the PASA, it may reapply for provisional operating authority after 30 days and must pay the required $300 non-refundable filing fee again.
After FMCSA approves the carrier’s application, FMCSA will publish a summary of the application in the FMCSA Register to allow for a 10-day protest period. At the end of that protest period and upon receipt of evidence of insurance and the BOC-3, Designation of Process Agent form, the provisional authority will be issued. At this time, it is unclear how much additional time this will take, but the process from application to issuance of authority can take many months.
Question 2: Does a Mexico-domiciled motor carrier need a US DOT number and/or operating authority if they are crossing the U.S. border in a pick-up truck (small van, car or tow truck etc.) for an occasional trip to deliver goods and only traveling one or two miles into the United States?
Guidance: Yes. If the vehicle is transporting freight in commerce from Mexico to the U.S., every Mexico-domiciled motor carrier that enters the U.S. must have a US DOT number, FMCSA-assigned MX number, a valid FMCSA Certificate of Registration for commercial-zone operations, or long-haul Provisional or Standard Operating Authority Registration, regardless of the size/type of vehicle, distance traveled into the U.S. or frequency of trips. Regardless of the type of authority the carrier obtains, no Mexico-domiciled carrier may make conduct point-to-point operations within the U.S.
Question 3: How do I change the type of authority I have (for Mexico-domiciled carriers)?
Guidance: Once an MX Number has been issued and an Operating Authority or Certificate of Registration has been granted, you would need to submit a new OP-1(MX) (for U.S. long-haul operations) or OP-2 (for U.S. commercial zone-only operations) application and pay the $300 fee that is indicated on the application to obtain another Operating Authority
Question 4: I have a bus company in Mexico and I want to provide service to all areas in California and to Las Vegas, NV. Do I need Operating Authority, and how long will it take to get it?
Guidance: Yes, you must file an OP-1(MX) for motor passenger carrier authority beyond the commercial zone. However, no authority will be issued for passenger operations beyond the zone until the land transportation provisions of NAFTA are fully implemented.