§390.201 USDOT Registration.

Question 1: Are freight forwarders and brokers required to register with FMCSA?

Guidance: Yes. Freight forwarders and brokers that are involved in interstate commerce and subject to FMCSA jurisdiction are required to register with FMCSA. Freight forwarders that perform both freight forwarder services and motor carrier services (beyond the scope of their freight forwarding operations) must register both as freight forwarders and as motor carriers. Additionally, [] MAP-21 requires motor carriers that broker loads, even occasionally, to register both as motor carriers and as brokers.

Question 2: How would a motor carrier that also brokers loads apply for broker authority?

Guidance: Anyone seeking broker authority must file a Form OP-1 and submit it to FMCSA. Companies with existing motor carrier authority should include their current USDOT Number on the OP-1 form but leave the MC Number field blank. FMCSA will issue a separate MC Number for the broker authority. While MAP-21 requires FMCSA to establish an indicator of the type of transportation or service for which the USDOT registration number is issued, including whether the registration number is issued for registration of a motor carrier, freight forwarder, or broker, FMCSA will implement this provision at a later time.

Question 3: Does FMCSA require an interline carrier to obtain operating authority?

Guidance: FMCSA requires all non-exempt for-hire motor carriers to obtain operating authority to provide transportation in interstate commerce. However, a motor carrier that is performing part of a single continuous transportation movement as an interline operation can perform that service under either (1) its own operating authority or (2) the authority of the originating motor carrier.

Question 4: What is the civil penalty for a broker or freight forwarder who engages in interstate operations without the required operating authority (registration)?

Guidance: A broker or freight forwarder who knowingly engages in interstate brokerage or freight forwarding operations without the required operating authority is liable to the United States for a civil penalty not to exceed $10,000 and can be liable to any injured third party for all valid claims regardless of the amount (49 U.S.C. 14916(c)). The penalties and liability to injured parties apply jointly and severally to all corporations or partnerships involved in the transportation and individually to all officers, directors, and principals of these business forms (49 U.S.C. 14916(d)). Under 49 U.S.C. 14901(d)(3), a broker of household goods (HHG) who engages in interstate operations without the required operating authority is liable to the United States for a civil penalty of not less than $25,000 for each violation.