BOC-3
Who needs to file BOC-3 form?
In order to maintain compliance with your MC Authority, it’s imperative to apply for a BOC-3 before seeking a new MC number. The Federal Motor Carrier Safety Administration (FMCSA) mandates that all for-hire truckers, brokers, or freight forwarders must complete and submit a BOC-3 (Process Agents) form. This form designates an individual or office responsible for receiving legal documents on your behalf in any state where you conduct business or travel through, and subsequently forwarding them to you.
Who can file the BOC-3 form?
Form BOC-3 (Designation of Process Agents) can only be filed with the FMCSA by a process agent acting on behalf of the carrier applicant. However, a broker or freight forwarder applicant, who does not operate commercial motor vehicles (CMVs), can file Form BOC-3 independently. Each applicant is allowed to have only one completed Form BOC-3 on file, and it must encompass all the states for which agency designations are necessary. A copy of this form must be retained by the carrier or broker at its primary business location.
The regulations governing the designation of individuals authorized to receive legal process are outlined in 49 CFR 366, as amended. The following key points apply:
- An agent must be designated for each state in which the carrier, broker, or freight forwarder operates.
- The designated person, association, or corporation must reside in the state for which they are designated.
- A carrier, broker, or freight forwarder can designate themselves for the state in which they reside.
- State officials can only be designated if they have agreed to accept this responsibility as evidenced by their agreement accompanying the designation.
- It's important to note that a post office box is not an acceptable address for the designated agent.