What Is a BOC-3 Filing and Who Is Required to Have One?
You’ll get a copy of the filing for your records, and your operating authority can then move one step closer to activation. BOC-3 is something you’ll see on your to-do list if you’re in the process of getting your operating authority, and you might be wondering what on earth it is. Look at each processing agency’s different tiers to determine which one is best suited for you. You can switch to a new blanket company or agent at any time, but you must refile a new BOC-3 to make it official.
How to File Your BOC-3 the Right Way
Most reputable process agent services charge somewhere between $25 and $50. Also, while you don’t have to renew your BOC-3 filing with the FMCSA each year, your BOC-3 process agent will almost certainly require you to pay an annual renewal fee. Failure to continue to pay this fee can be hazardous to your operating authority. The FMCSA has a process in place to suspend or revoke your DOT authority if you fail to have a valid BOC-3 process agent on file at all times. A blanket agent is a service that provides you with a registered agent in all 50 states and Washington D.C. That’s why the form is called a “Blanket of Coverage”—it blankets the entire country with legal representation for your company.
How to File Your BOC-3
So, your first real step is choosing a reputable process agent service. This company will be the one to manage the official submission to the federal government on your behalf. Just think of them as the official middleman between your trucking company and the FMCSA for this specific filing.
FreightWaves Ratings reference a list of approved sources for use of research to support editorial research and drafting. If that is the case and you are waiting for more than 10 Can you mine xrp days since the information was sent out, contact FMCSA to see where your documentation might be. We’re based in Garden City, Idaho, but we support carriers nationwide with dependable, accurate service. If there is no BOC-3 form or no insurance on file with the FMCSA, there will be no authority issued. However, in some cases, you can have one agent that covers you in multiple states.
What is the purpose of a BOC-3 filing?
- Typically, an agent completes the BOC-3 filing for you, but we’ll talk more about that later.
- This designation allows for proper legal accountability and notification across state lines.
- Typically, the BOC-3 process agent completes and files this form online.
- Forgetting to update your BOC-3 after certain business changes isn’t a small oversight—it can put your operating authority at risk and cause major problems during a compliance review.
FMCSA Regulation 49 CFR Part 366 details more about the designation of process agents by motor carriers and brokers. This is a federal motor carrier safety measure designed to ensure legal accountability in interstate commerce. It prevents scenarios where a company evades responsibility by simply not having a known, reachable legal representative in a given state. In short, yes, any new trucking or transportation company must complete and file this form if they want to operate in the United States. This applies whether you plan to operate as a freight forwarder, motor carrier, or broker.
The Process Agent’s Role
You can dig deeper into the official purpose of the Blanket of Coverage in federal regulatory documents, but the core idea is pretty straightforward. If you haul loads from state to state, you must have an FMCSA-certified process agent in each of the contiguous states. If you are an intrastate motor carrier, meaning you only haul loads in one state, you do not need to file a BOC-3 form. Additionally, these agencies will forward any legal documents that they receive about your company, like court papers. It is crucial that you have an updated address at all times in case your processing agency sends you court proceeding papers in order to avoid a potential default judgment. Maintaining an active and accurate BOC-3 designation is important for continued compliance with federal regulations.
It is a legally mandated form issued by the Federal Motor Carrier Safety Administration (FMCSA). Without BOC 3 form, a process agent or a company will not be granted the authority to receive and process legal documents on behalf of the professionals listed above. This designation allows for proper legal accountability and notification across state lines. The BOC-3 is filed with the Federal Motor Carrier Safety Administration (FMCSA) and is mandated by federal regulations, specifically 49 CFR Part 366. The Federal Motor Carrier Safety Administration (FMCSA) mandates the BOC-3 filing for interstate motor carriers, brokers, and freight forwarders. Without a valid BOC-3 on file, the FMCSA will not issue operating authority documents, which are necessary for a company to legally begin operations.
Keeping this info current is a critical part of staying in good standing with the FMCSA. To make sure you’re ready for any potential reviews, our DOT audit checklist is a great resource to have on hand. Let FCCR take care of the legal side, so you can focus on running your business. Without a BOC-3, your DOT number, MC number, or FF number will not be activated, and you won’t be granted your FMCSA authority.
The “BOC” stands for “blanket of coverage,” and filing this form essentially provides proof that you have a processes agent in each state that you plan to operate in. Before filing the BOC-3, a transportation company must select its process agent(s). Companies can appoint individual agents in specific states or utilize a “blanket process agent” service that covers all 50 states and the District of Columbia. Using a blanket agent can simplify compliance by consolidating representation under a single entity.
- Without a BOC-3, your DOT number, MC number, or FF number will not be activated, and you won’t be granted your FMCSA authority.
- You can also check whether your operating authority has been issued by visiting the FMCSA Licensing and Insurance website.
- Brokers or freight forwarders who do not operate commercial motor vehicles may be able to file the form themselves.
- Designating a BOC-3 Process Agent involves engaging a third-party company specializing in these services.
- Using the BOC-3 form allows the public to reach you in case you get involved in legal proceedings.
It designates a process agent in each state where your company operates. Without it, the FMCSA will not issue your operating authority documents for your motor carrier, broker, or freight forwarder business. An SOP agent or process agent is essentially an individual or business organization appointed by your business who is authorized to receive legal documents on the principal’s behalf. A process agent must be physically located in each state in which you are authorized to operate and be available at that address during normal business hours.
MIS Report FMCSA: What It Is and Why It Matters
Your process agent gets the documents, forwards them to you immediately, and gives you the chance to respond and protect your business. Think of your BOC-3 filing as setting up a legal mailbox for your company in every single state. This isn’t a physical form you handle yourself; it’s an electronic designation that proves you have a reliable point of contact nationwide for any legal matters. A BOC-3 is only required for companies operating across state lines and seeking a motor carrier authority (MC number).
It designates a business appointed FMCSA agent to act as your service of process agent in every state where your company is active. Maintaining BOC-3 compliance is an ongoing requirement for transportation entities. The BOC-3 must remain current and active as long as the entity holds active operating authority.
Designating a process agent, whether a person or a company, is required by the BOC-3 form. Only once you become a registered process agent will you be able to file your own form. BOC-3 process agents are representatives authorized to receive government and legal documents on behalf of motor carriers hauling loads from state to state. When choosing the right process agent service company to represent your trucking company, make sure they are FMCSA-certified or your operating authority may be in jeopardy.
Failure to maintain an accurate and active BOC-3 designation can lead to significant consequences. The FMCSA may suspend a company’s operating authority, preventing them from legally conducting interstate business. Non-compliance can also result in penalties and fines, and the dismissal of an operating authority application or a default judgment in a lawsuit if legal notices are missed. It is important for drivers and carriers to commence their operations with no delay. This allows them to begin transportation operations in the United States quickly. With our process agents, your BOC-3 application will be processed within one business day.
The process agent receives legal documents, such as court papers, complaints, and government notices, on your behalf. This ensures that your trucking company doesn’t miss important legal communication that could affect your registration or operating authority. Their one critical job is to have a physical address and be available during normal business hours to accept legal documents on your behalf. If a lawsuit, subpoena, or any other official notice gets served against your company, it goes to them first. They are then legally required to immediately forward those critical papers straight to you.