Fmcsa Form – Fill Out and Use This PDF

	INSTRUCTIONS OP-1				OMB NO.: 2126-0016	EXPIRATION: 03/31/2021
	United States Depar tment of Transpor tation
	FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
	Application for Motor Property Carrier and Broker Authority
	INSTRUCTIONS for FORM OP-1
		TOPICS
	Overview of Operating Authority					i
	How to Apply					ii
	What is the Cost?					iii
	What are the Steps in Getting Operating Authority?					iii
	How to Complete the OP-1 Application for Motor Property Carrier and Broker Authority					vi
	Information Sources					x

*If a sole proprietor owner/operator submits personal information for registration purposes to obtain a USDOT Number or Operating Authority, this information will be publicly available on FMCSA Web sites. This published information may include, but is not limited to, the sole proprietor owner/operator’s home address, telephone number, and e-mail address when the home contact information also serves as the business contact information.

OVERVIEW OF OPERATING AUTHORITY

Depending upon the type of business operation (Motor Carrier, Broker, Freight Forwarder, Shipper, Vehicle Registrant, and/or Cargo Tank Facility) and what will be transported (property, hazardous materials, and/or passengers), companies may be required to register for both Interstate Operating Authority (Form OP-1 series or Form OP-2) and USDOT Number (Form MCS-150 series). The Federal Motor Carrier Safety Administration (FMCSA) enforces compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMRs), which govern safety and financial responsibility. FMCSA’s registration requirements reflect the focus on both of these concerns.

FMCSA encourages all applicants with Internet access to use the online registration site at www.fmcsa.dot.gov/registration in order to determine FMCSA’s registration requirements. Applicants without Internet access can call FMCSA at 1-800-832-5660 for assistance.

WHO NEEDS OPERATING AUTHORITY?

Before beginning interstate operations in the United States (U.S.), all authorized for-hire Motor Carriers of non-exempt property and passengers, Brokers, and Freight Forwarders based in the U.S. or Canada must obtain Operating Authority by submitting the appropriate form(s) in the OP-1 series. For a description of the different types of OP-1 forms and the various FMCSA requirements for obtaining Operating Authority, please see “What Are the Steps in Getting Operating Authority?” (Topic IV) in this packet.

NOTE:

•Hawaii-based Motor Carriers that transport household goods, property, or passengers within a terminal area (see 49 USC Part 13504) must obtain Operating Authority. Carriers that operate solely within the State of Hawaii and do not transport household goods are not required to obtain Operating Authority.

•Mexico-based Motor Carriers should refer to www.fmcsa.dot.gov/mission/español (Spanish) or www.fmcsa.dot.gov/safety/new-entrant-safety- assurance-program (English) for more information.

In addition to Operating Authority, some Motor Carriers of property or passengers must obtain a USDOT Number before beginning interstate operations. Please consult “Do I Need a USDOT Number?” at www.fmcsa.dot.gov/registration/do-i-need-usdot-number, which specifies the requirements for a USDOT Number.

INSTRUCTIONS OP-1 • PAGE I OF X

Rev 9/9/2020

INSTRUCTIONS OP-1	OMB NO.: 2126-0016 EXPIRATION: 03/31/2021

HOW TO APPLY

Applications may be submitted online or mailed to FMCSA. Compared to mailing, the online method reduces processing time by as much as 2-3 weeks, thus enabling companies to begin their operations sooner. Remember, operations cannot begin until the certificate, permit, or license for Operating Authority has been received. For more information, see “What Are the Steps in Getting Operating Authority?” (Topic IV) in this packet.

APPLY ONLINE

Applying online requires the use of a valid credit card (American Express, Discover, MasterCard, or Visa). Those who do not wish to submit their credit card information online must complete the application and payment by mail (see “Apply by Mail” below).

The following tips are encouraged:

•Go to www.fmcsa.dot.gov/registration for information about registering electronically.

•Utilize the form instructions during the completion of the online form. This will help to ensure that the application is completed accurately.

NOTE:

•The applicant’s legal name (or the authorized representative’s name) must match the name and billing address of the credit card.

•Record the MC or FF Number that is provided after approval of the application. This number will be needed on the insurance and process agent forms that are required to complete the application process for obtaining Operating Authority (for more details, see “What Are the Steps in Getting Operating Authority?” [Topic IV] in this packet). This number may also be needed for any correspondence with the FMCSA.

APPLY BY MAIL

Follow the steps below:

•Applicants with Internet access are encouraged to go to www.fmcsa.dot.gov/registration for more information.

•Go to www.fmcsa.dot.gov/registration/registration-forms to complete the appropriate form(s) and instructions.

•Follow the instructions to complete the application form(s)

•Save a copy of the application and all supporting documents for the company’s business records

•Mail the completed application form(s), any supporting documents, and payment to one of the following addresses, depending upon the type of payment (and method of mail delivery):

1)Check or Money Order (make payable to the FMCSA in U.S. dollars)

First-Class Mail

Federal Motor Carrier Safety Administration P.O. Box 6200-33

Portland, OR 97228-6200

Overnight Express Mail:

U.S. Bank Government Lockbox ATTN: Federal Motor Carrier

Safety Administration 6200-33

17650 NE Sandy Blvd. Portland, OR 97230

2)Credit Card (MasterCard or Visa only)

Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE

Room W65-206 Washington, DC 20590

NOTE: Sending payment to the wrong address will delay application processing by 2-3 weeks.

INSTRUCTIONS OP-1 • PAGE II OF X

INSTRUCTIONS OP-1OMB NO.: 2126-0016 EXPIRATION: 03/31/2021

WHAT IS THE COST?

Operating Authority

$300.00 each

•Form OP-1

1)Motor Common Carrier of Property (except Household Goods).

2)Motor Contract Carrier of Property (except Household Goods).

3)Motor Common Carrier of Household Goods.

4)Motor Contract Carrier of Household Goods.

5)Broker of Property (except Household Goods).

6)Broker of Household Goods.

7)United States-based Enterprise Carrier of International Cargo (except Household Goods).

8)United States-based Enterprise Carrier of International Household Goods.

•Form OP-1(P)

1)Motor Common Carrier of Passengers.

2)Motor Contract Carrier of Passengers.

•Form OP-1(FF)

1)Freight Forwarder of Property (except Household Goods).

2)Freight Forwarder of Household Goods.

For descriptions of the different types of Operating Authority, see “Section 2 — Type of Authority” under “How to Complete the OP-1 Application for Motor Property Carrier and Broker Authority” (Topic V) in this packet.

NOTE:

• FMCSA regulations prevent us from giving applicants refunds for motor carrier operating authority. After the application, petition, or other document has been accepted for filing by the FMCSA, the filing fee will not be refunded, regardless of whether the application, petition, or other document is granted or approved, denied, rejected before docketing, dismissed or withdrawn. The “non-refund” notice for application fees is also posted on our Web site.

•Each type of Operating Authority requires an additional $300 fee. For example, an application for both Motor Common Carrier of Property and Motor Common Carrier of Household Goods will require two $300 fees for a total of $600. Multiple fees can be combined into a single payment.

•The FMCSA reserves the right to discontinue processing any application for which insufficient payment is received.

WHAT ARE THE STEPS IN GETTING OPERATING AUTHORITY?

For Motor Carriers, Brokers, and Freight Forwarders based in the U.S. or Canada, the Operating Authority application process includes the six steps shown below. Motor Carriers based in Hawaii or Mexico should see the NOTE in “Overview of Operating Authority” (Topic I) in this packet.

Step 3

Step 1

10-day protest period

Step 6

Applicant

Step 2

Applicant begins

submits

Step 4

Applicant

operation AFTER

OP-1

receives

Insurance Company files

receiving certificate,

and/or

MC or FF

form(s) with FMCSA

permit, or license for

OP-1(P)

Number

Operating Authority

and/or

Step 5

from FMCSA

OP-1(FF)

Applicant or Process Agent

files Form BOC-3 with FMCSA

INSTRUCTIONS OP-1 • PAGE III OF X

INSTRUCTIONS OP-1	OMB NO.: 2126-0016 EXPIRATION: 03/31/2021

STEP 1 — APPLICATION FOR OPERATING AUTHORITY

Motor Carriers, Brokers, and Freight Forwarders begin the Operating Authority application process by submitting one (or more) of the following forms with the appropriate application processing fee:

•OP-1 — Operating Authority for:

1)Motor Carrier (common property, contract property, common household goods, or contract household goods).

2)Broker (property or household goods).

3)United States-based Enterprise Carrier (international cargo or international household goods).

•OP-1(P) — Operating Authority for Motor Passenger Carrier (common or contract).

•OP-1(FF) — Operating Authority for Freight Forwarder (property or household goods).

NOTE:

•For descriptions of the different types of Operating Authority, see “SECTION 2 — Type of Authority” under “How to Complete the OP-1 Application for Motor Property Carrier and Broker Authority” (Topic V) in this packet.

•To identify the required form(s) for Operating Authority, see www.fmcsa.dot.gov/registration/registration-forms.

STEP 2 — GRANT LETTER AND MC/FF NUMBER

Applicants will receive a grant letter after FMCSA processes and accepts the Operating Authority application as follows:

•If applying online, a Motor Carrier (MC) or Freight Forwarder (FF) Number will be provided immediately, and the confirmation grant letter will arrive via mail.

•If applying by mail, the grant letter should arrive via mail in approximately 4 weeks. This letter will include the MC or FF Number. Applicants have the option of checking the status of their application online. See“Information Sources”(Topic VI) in this packet for instructions.

Insurance Companies and Process Agents will use the MC or FF Number to make the appropriate filings on behalf of applicants to complete the application process for obtaining Operating Authority.

NOTE: Although an MC or FF Number has been assigned by FMCSA, this does not represent Operating Authority. The company may not begin to operate until it has received the corresponding certificate, permit, or license for Operating Authority described in Step 6.

STEP 3 — 10-DAY PROTEST PERIOD

At the same time the grant letter is mailed, each company’s application for Operating Authority will be published in the FMCSA Register. This publication initiates the 10-calendar-day protest period, during which any individual can file a protest with FMCSA stating why a company should not be issued Operating Authority. FMCSA will accept protests sent by mail as long as they are postmarked by the last day of the protest period. FMCSA will provide the applicant with information on the adjudication process if any protests are filed. During this protest period, Insurance Companies and Process Agents can file the necessary documents detailed in Step 4 and Step 5 below.

To view the FMCSA Register, go to http://li-public.fmcsa.dot.gov and then follow the steps below:

•Read the introductory page and then click the “Continue” link.

•Select the “FMCSA Register” option in the dropdown menu and click “Go.”

STEP 4 — INSURANCE

This step can begin any time after the applicant receives an MC or FF Number (as described in Step 2 above) and is not dependent on Step 3 being completed. An Insurance Company must file the appropriate insurance form(s) on behalf of the applicant within 90 days of the date the application for Operating Authority was published in the FMCSA Register. Otherwise, the application for Operating Authority will be dismissed, and the application fee will not be refunded. The applicant will receive a warning letter about the 90-day deadline if FMCSA has not received the required documentation within 20 days.

NOTE:

•Applicants may not file insurance forms on their own behalf. Therefore, FMCSA does not provide insurance forms to applicants.

•An authorized representative from the home or branch office of an Insurance Company must file the required insurance form(s) on the applicant’s behalf.

•To minimize processing delays, FMCSA recommends filing forms electronically.

•It is the applicant’s responsibility to follow up with the Insurance Company to verify that FMCSA has received and approved the required insurance form(s).

•Failure to promptly submit required forms and documentation will delay application processing and can result in dismissal of the application and loss of the application fee.

•Check the status of insurance filings by either accessing the FMCSA Web site (see “Information Sources” [Topic VI] in this packet for instructions) or calling FMCSA toll-free at 1-800-832-5660 (Monday through Friday, 8 a.m. to 8 p.m. EST).

INSTRUCTIONS OP-1 • PAGE IV OF X

INSTRUCTIONS OP-1OMB NO.: 2126-0016 EXPIRATION: 03/31/2021

Depending upon the type(s) of Operating Authority requested, one or more of the following forms must be filed with FMCSA by an Insurance Company or financial institution:

•Form BMC-91 or BMC-91X for proof of bodily injury and property damage (BI & PD) insurance.

•Form BMC-34 for proof of cargo liability insurance.

•Form BMC-84 for broker surety bond.

•Form BMC-85 for broker trust fund agreement.

For specific guidance about which form(s) FMCSA requires, see “Section 3 — Insurance Information” under “How to Complete the OP-1 Application for Motor Property Carrier and Broker Authority” (Topic V) in this packet. Also, see 49 CFR Part 387 for more details. To view this information, go to the FMCSA Web site at www.fmcsa.dot.gov/regulations/title49/part/387.

Self-Insurance

Motor Carriers, U.S.-based Enterprise Carriers, and Freight Forwarders may qualify as a self-insurer against bodily injury, property damage, and cargo liability claims by submitting Form BMC-40 (Application for Authority to Self-Insure) and evidence to the FMCSA to demonstrate the existence of the following:

•Adequate tangible net worth that will cover any liability claims in the event of a loss.

•Sound self-insurance program.

•Adequate safety program.

FMCSA will approve an application to self-insure subject to appropriate and reasonable conditions. For more details about self- insurance, see 49 CFR 387.309 and 387.411.

Insurance Exemptions

Motor Common Carriers and U.S.-based Enterprise Carriers that transport low-value goods, as specified in 49 CFR 387.301(b), may request exemption from cargo insurance requirements by submitting the cargo exemption form. Freight Forwarders that will not operate commercial motor vehicles (CMV) may seek a waiver of liability (BI & PD) insurance requirements. Direct all requests for insurance exemptions and waivers to the FMCSA Insurance Team, Office of Registration and Safety Information, at 1-800-832-5660 or via web form at https://ask.fmcsa.gov/app/ask.

STEP 5 — PROCESS AGENT

This step can begin any time after an applicant receives its MC or FF Number as described in Step 2 above. FMCSA requires each applicant for Operating Authority to designate a Process Agent in every State in which it conducts business or maintains an office. A Process Agent is a representative upon whom court papers may be served in any legal proceeding brought against a Motor Carrier, Broker, or Freight Forwarder.

Motor Carriers of Property and/or Passengers, and CMV-operating Freight Forwarders:

•Must designate a Process Agent in each State that they operate in or through.

•Can act as their own Process Agent in the State in which they maintain a physical office (P.O. Box address is not considered a physical office).

Brokers and Freight Forwarders that will not operate CMVs:

•Must designate a Process Agent in each State in which they maintain an office or establish contracts.

•Can act as their own Process Agent in the State in which they maintain a physical office (P.O. Box address is not considered a physical office).

Either the applicant or Process Agent, on behalf of the applicant, can file Form BOC-3 (Designation of Process Agents) with the FMCSA. This form must be filed within 90 days of the date the application for Operating Authority was published in theFMCSA Register. Failure to meet this deadline will result in dismissal of the Operating Authority application and loss of the application fee. The applicant will receive a warning letter about the 90-day deadline if FMCSA has not received the required documentation within 20 days. To minimize processing delays, FMCSA recommends electronically filing Form BOC-3. More information can be found atwww. fmcsa.dot.gov/registration/form-boc-3-designation-agents-service-process.

For a fee, many commercial companies will arrange a Process Agent in any State. Some companies offer “blanket coverage,” which designates a Process Agent in every U.S. State. For a list of Process Agent companies, visit the FMCSA Web site at www.fmcsa.dot.gov/ registration/process-agents. For more details about Process Agent designation, see 49 CFR 366.

STEP 6 — CERTIFICATE, PERMIT, OR LICENSE OF OPERATING AUTHORITY

After FMCSA has approved the application, insurance, and process agent filings, and the protest period has ended without any protests, applicants are issued Operating Authority in the form of a certificate (Motor Carrier), permit (Freight Forwarder), or license (Broker). Applicants may not begin operations until this official record of Operating Authority is received by mail.

INSTRUCTIONS OP-1 • PAGE V OF X