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The Federal Motor Carrier Safety Administration (FMCSA) collects annual data from for-hire motor carriers of property and passengers and administers the Motor Carrier Financial and Operating Statistics (F&OS) Program.
Scope
Any for-hire motor carrier of property, household goods, or passengers engaged in interstate, intrastate, and/or foreign operations and with annual revenues of $3 million dollars or more must file annual reports with the FMCSA, as required by Part 369.
Regulatory citations
- 49 CFR Part 369 — Reports of motor carriers
Key definitions
- 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.
- Form M: The reporting form.
- 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.
Summary of requirements
Classification. Motor carriers are classified on the basis of their annual gross operating revenues. Reports required vary by carrier classification. Upward and downward classification will be effective as of January 1 of the year immediately following the third consecutive year of revenue qualification. To ensure that FMCSA is aware of your current classification, please notify FMCSA of any changes in classification. Classifications may change as revenues change.
Class | Adjusted Annual Operating Revenue | Report | Due Date |
---|---|---|---|
Class I, Property | $10 million or greater | Form M, annually | March 31 |
Class II, Property | $3 - 10 million | Form M, annually | March 31 |
Class I, Passenger | $5 million or greater | Form MP-1, annually | March 31 |
The Motor Carrier Financial and Operating Statistics (F&OS) Program collects balance sheet and income statement data along with information on tonnage, mileage, employees, transportation equipment, and other related items, but there are no explicit safety data items. The F&OS forms are not currently a part of the Federal Motor Carrier Safety Administration (FMCSA) compliance review process.
The F&OS data are used by the U.S. Department of Transportation (DOT), other government agencies, trucking associations, insurance companies, consultants, law firms, academia, trade publications, and others.
Reporting exemptions. In general, all Class I and Class II motor carriers of property are subject to the Motor Carrier Information Reporting Requirements. However, there are several exceptions. The major exceptions apply to carriers that:
- Are below the Class I or Class II revenue thresholds,
- Are a private motor carrier,
- Are outside DOT jurisdiction,
- Do not hold DOT or Interstate Commerce Commission (ICC) operating authority or have leased their operating authority to another carrier,
- Are in bankruptcy, or
- Have received an exemption from filing based on competitive harm (49 CFR 369).
If you believe you qualify, contact the FMCSA with the exact reasons. To obtain an exemption from filing based on competitive harm, you must follow the procedures listed in the reporting regulations 49 CFR 369.8.
Information confidentiality. Unless otherwise provided by law, the information reported to the FMCSA under the Motor Carrier Information program is made generally available to the public. Under FMCSA regulations, motor carriers of property can request that their reports be withheld from public release. Here is some basic information about confidentiality requests:
- The request must be made in writing and received by the report’s due date.
- The carrier must not be a publicly held corporation or must not be subject to financial reporting requirements of the Securities and Exchange Commission.
- The carrier must make a proper showing that confidentiality is necessary to avoid competitive harm and to avoid the disclosure of information that qualifies as trade secret or privileged or confidential information under 5 U.S.C. 552(b)(4).
- FMCSA places the requests in a public docket and requests comments on them before making decisions.
Full details about how to request confidentiality are found in 49 CFR 369.9 —Reports of Motor Carriers. Carriers should read them carefully before sending a request to FMCSA.
Extensions. FMCSA will extend a report deadline if a motor carrier shows good cause. A request may be made by phone, fax, or letter. The request should include your motor carrier number, the Federal form for which you seek an extension, specify the reason for your request, and requested filing date.