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Scope
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.
Regulatory citations
- 49 CFR 366.1T — Applicability
- 49 CFR 366.2T —Form of designation
- 49 CFR 366.3T — Eligible persons
- 49 CFR 366.4T — Required States
- 49 CFR 366.5T — Blanket designations
- 49 CFR 366.6T — Cancellation or change
Key definitions
- Broker: A person or an entity which arranges for the transportation of property by a carrier for compensation. A broker does not transport the property nor assume responsibility for the property.
- Exempt for-hire: An entity or person which transports exempt (unregulated) property owned by others for compensation. The exempt commodities usually include unprocessed or unmanufactured goods, fruits and vegetables, and other items of little or no value.
- For-hire carrier: A carrier that transports passengers, regulated property or household goods owned by others for compensation.
- Freight forwarder: A person or entity which holds itself out to the general public to provide transportation of property for compensation and in the ordinary course of its business:
- Assembles and consolidates, or provides for assembling and consolidating, shipments and performs break-bulk and distribution operations of the shipments;
- Assumes responsibility for the transportation from the place of receipt to the place of destination; and
- Uses for any part of the transportation a rail, motor or water carrier subject to the jurisdiction of either FMCSA or the Surface Transportation Board.
- Private carrier: A carrier that transports its own cargo, usually as a part of a business that produces, uses, sells and/or buys the cargo that is being hauled.
- Process agent: A representative of an entity upon whom court papers may be served in any proceeding brought against a motor carrier, broker, or freight forwarder.
Summary of requirements
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:
- File a Designation of Agent for Service of Process with the FMCSA (366.1T).
- Report changes to a designation, such as name, address, or contact information, to FMCSA within 30 days of the change (366.6T).
- Report changes in name, address, or contact information to the process agents and/or the company making a blanket designation on behalf of the carrier, broker, or freight forwarder within 30 days of the change (366.6T).
- 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 FMCSA within 30 days of the termination (366.6T).