Form Op-1 - Application For Motor Property Carrier And Broker Authority - U.s. Department Of Transportation Page 6
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17Insurance 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, Commercial Enforcement Compliance Division, 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
public.fmcsa.dot.gov.
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 For more details about
Process Agent designation, see 49 CFR Part 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.
State Regulations and Requirements
In addition to Federal requirements, all applicants must comply with registration, fuel tax, and other State
regulations and procedures. Before beginning new or expanded interstate operations, applicants must
familiarize themselves with the various State rules applicable to interstate companies in each State in which
they plan to operate. Begin this process by contacting the transportation regulatory agency for the State in
which the applicant is located.
Instructions for Form OP-1 (Revised 8/13/2007)
Page 6
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