1. What is the difference between interstate commerce and intrastate commerce? Interstate commerce is trade, traffic, or transportation involving the crossing of a State boundary. Either the vehicle, its passengers, or cargo must cross a State boundary, or there must be the intent to cross a State boundary to be considered an interstate carrier. Intrastate commerce is trade, traffic, or transportation within a single State. If your operations include interstate commerce, you must comply with the applicable Federal safety regulations and operating authority rules, in addition to State and local requirements. You must notify the State in which you plan to register your vehicle(s) of your intentions to operate in interstate commerce to ensure that the vehicle is properly registered for purposes of the International Registration Plan (IRP), and International Fuel Tax Agreement (IFTA). The base State will help you by collecting the appropriate fees and distributing a portion of those fees to the other States in which you operate commercial motor vehicles. If you operate exclusively in intrastate commerce , you must comply with applicable State and local regulations. The only Federal regulations that are applicable to intrastate operations are: the commercial driver's license (CDL), for drivers operating commercial motor vehicles as defined in 49 CFR 383.5; controlled substances and alcohol testing for all persons required to possess a CDL; and minimum levels of financial responsibility for the intrastate transportation of certain quantities of hazardous materials and substances. 2. Now that I have determined that I will be operating in interstate commerce, what do I need to do to begin? A USDOT number is required if you have vehicles that are over 10,000 lbs, if you transport between 9 and 15 passengers (including the driver) for compensation, if you transport 16 or more passengers, or haul hazardous materials in interstate commerce. No fee is required. You must complete the MCS-150 (Motor Carrier Identification Report) and a MCS-150A (Safety Certification Application) to obtain a USDOT number. The forms can be found on our web site at http://safer.fmcsa.dot.gov/. The MCS-150 and MCS-150A can be completed on line or you can print out a copy of the forms, complete and mail to the address indicated. If you do not have access to the Internet, you can call our toll-free number at 1-800-832-5660 to have one mailed to you. Generally, if you are operating as a "for-hire" motor carrier of regulated commodities or passengers in interstate commerce, you must also obtain interstate operating authority (MC number) unless your "for-hire" operation is limited to the transportation of exempt commodities, or you operate within a commercial zone, exempt from the interstate operating authority rules. Information about commercial zone exemptions may be found at 49 CFR 372. Administrative Ruling No. 119 provides additional guidance for identifying exempt commodities, which can be found on the Internet at http://www.fmcsa.dot.gov/documents/adminrule.pdf. A list of commodities, which are NOT exempt from the operating authority rules, can be found at 49 CFR 372.115 or on the Internet at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/372.115.htm. 3. What is the definition of a for-hire carrier? The definition of a " for-hire " carrier is a person or company that provides transportation of cargo or passengers for compensation. If you are a for-hire carrier, in addition to the USDOT number you will also need to obtain operating authority (MC number). 4. Where can I purchase the Federal Motor Carrier Safety Regulations? To purchase a complete copy of the FMCSRs, Parts 300-399, contact the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, telephone: (202) 512-1800 or at http://www.access.gpo.gov/ 5. Besides a USDOT number what other forms are necessary to operate as a " for-hire " carrier in interstate commerce? The Form OP-1, Application for Motor Property Carrier and Broker Authority, is required for a motor carrier of property and a Form OP-1(P), Application for Motor Passenger Carrier Authority, is required for a motor carrier of passengers. If you are a for-hire carrier you must acquire operating authority (MC number). You must (1) complete and file the appropriate OP-1 application along with the filing fee ($300 for each type of authority you are requesting); (2) have your insurance company file the appropriate insurance forms for the type of authority you are requesting with the FMCSA; and (3) submit or have a Process Agent Service submit a BOC-3, Designation of Process Agent form. Note: Passenger carriers who are Federal Transit Administration Grantees (Transit Benefit Operators) under 49 U.S.C. 5307, 5310, or 5311 are required to maintain liability insurance at least at the highest level required for any of the States in which the transit service area is located. The $300 filing fee will be waived for the Transit Benefit Operator application. 6. How do I go about filing for operating authority (active MC number) to travel within the U.S. as a " for hire " motor carrier? You can either complete the appropriate OP-1 application over our Internet site at http://safer.fmcsa.dot.gov and pay the required filing fee with a credit card or you can download a copy of the application form at this site, or request a copy of the OP-1 application by calling 1-800-832-5660 to have an application mailed to you. The filing fee is $300.00 for each type of authority requested. No insurance information can be submitted until the carrier has been assigned its MC number. 7. What happens after I file the appropriate OP-1 Form? Once the application is received and accepted, you will be assigned your MC (motor carrier) number. You will receive a letter informing you of this MC number and telling you any additional information needed to get into compliance. Once your insurance company has filed the correct insurance form, and the process agent has filed the BOC-3 Designation of Process Agent form, you will receive your official operating authority in the form of a Certificate and/or Permit. You will not be able to operate until this information has been submitted and the Certificate and/or Permit is officially issued. 8. I perform both for-hire and private carriage. Will I be able to operate once I get my USDOT number? Once you have your USDOT number you will be able to operate as a Private motor carrier. You will not be able to operate as a For-Hire motor carrier until you have operating authority (an active MC number). 9. Can I operate outside of my base State now that I have applied for authority? If you are transporting exempt commodities and have a USDOT number, you may operate as an exempt for-hire interstate motor carrier without an MC number. You cannot transport regulated commodities in interstate commerce until you have obtained operating authority (Certificate and/or Permit) and received your single State registration. Simply applying for operating authority is not sufficient. You must wait until the Certificate and/or Permit has been issued. What are exempt commodities? On our website at http://www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm you will find Administrative Ruling No. 119 which is a guide on what is or is not exempt. The booklet is no longer in print, but the information is still correct. The list of exempt commodities is ever changing, but this can be used as a general guide. Also, a list of commodities that are not exempt can be found in the FMCSR at Section 372.115. 10. Until I get my own operating authority (active MC number), can I lease my services to a for-hire carrier with operating rights? Yes, leasing is permissible if you comply with the requirements under Section 376.11..
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