A broker or freight forwarder applicant, without CMVs, can file Form BOC-3 on their own behalf. It must include all states for which agency designations are required. One copy must be retained by the carrier or broker at its principal place of business. For trucking companies that are starting, BOC-3 filing is an essential component for obtaining operating authority.
BOC-3 Frequently Asked Questions:
The agent will accept the served court papers, which in turn, forward them to you by certified mail. Our process agents are attorneys who understand the importance of their role. It is also very important to maintain your correct mailing address with the FMCSA as well as ATA (your blanket company) to ensure you receive any court proceeding papers and avoid a possible default judgement. FMCSA Regulation 49 CFR Part 366 details more about the Designation of Process Agents by Motor Carriers and Brokers. The BOC-3 filing is part of the Federal Motor Carrier Safety Administration (FMCSA)-required process of starting a trucking what is the mfi indicator and how do you use it company and getting active operating authority.
It designates a person or an office to accept any legal papers on your behalf in any state you conduct business and/or travel through, and then forward them to you. If there is no BOC-3 form or no insurance on file with the FMCSA, there will be no authority issued. 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.
To receive and keep this authority, these companies must file Form BOC-3 (Designation of Agents for Service of Process) with the FMCSA. In most cases, it’s going to be easiest for you to do this with a “Blanket Legal Entity,” which is essentially a company that can represent you in all 50 states, leaving you free to operate your business as you wish. This is also the How to buy flow most cost-effective way to move forward, as you don’t have to waste time finding different BOC-3 agents and paying their various fees.
Policies, Rights, Legal
Members can login and purchase this order at zero cost because it is part of your member benefits. If you are served process, the process agent will invoice you for $50 to cover the delivery cost.What happens after I pay and complete the BOC-3 form through the ATA Online Store? Please remember that before the form can be filed, all of the information on the first page must match what is registered with the FMCSA. The FMCSA only requires a refiling if there is a change in ownership, change in company name or change in address.
How To File a BOC-3
- A process agent for trucking companies plays a crucial role in ensuring legal compliance for trucking companies.
- Look at each processing agency’s different tiers to determine which one is best suited for you.
- If there are ever any changes of details, like a transfer of authority or name change, you must refile the BOC-3 form.
Various BOC-3 filing options, such as online portals and third-party services, simplify the process. The BOC-3 Process Agent, or FMCSA agent, is a business or individual that you appoint to receive any legal documents on your behalf, such as legal summons or complaints. If you plan to operate your trucking business in more than one state, you must have a BOC-3 agent in every state that you plan to operate in. 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. The Blanket of Coverage (BOC) filing is a designated process to assign a process agent to a trucking authority.
Why You Should Choose FCCR as Your Agent of Process
In certain instances — such as a name change, transfer of authority, or reinstatement of your motor carrier operating authority — your BOC-3 may need to be refiled. Through BOC-3 filing, you will be assigned a process agent in each state. Through such process a man for all markets agents, you do not need to find a process agent in each state. Instead, you have blanket coverage, which means that you have one process agent available in all states. A process agent provides consultation services regarding your business and its operations. Some charge an annual fee plus per-document charges, while others bill a one-time BOC filing fee.