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Authorization granted by the FMCSA to operate as a for-hire carrier, freight forwarder, or broker requires the applicant, as a condition of the authorization, to file with the DOT 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 carriers “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 in which 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 DOT will provide the name and address of the agent from their 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 the form used to designate process agents. Unless a carrier is serving as their 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 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 entity at its principal place of business.
The Unified Registration System (URS-1) has been delayed indefinitely. Eventually at a later date to be determined by the FMCSA, as part of the Unified Registration System final rule, private carriers and for-hire carriers of exempt commodities will be required to: