Form Op-1 - Application For Motor Property Carrier And Broker Authority Page 5

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INSTRUCTIONS OP-1 Revised 01/10/2017
OMB No.: 2126-0016 Expiration: 01/31/2020
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 III — 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
aspx?menukey=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 1-866-637-0635 or
202-385-2423.
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 the FMCSA
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 at
BOC-3-508.pdf.
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
process-agent. 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

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