Blogs

April 11, 2022

BOC-3 Process Agents Guide for FMCSA Compliance

There are certain requirements that are laid down by the federal motor carrier safety administration regarding the BOC-3 list of process agents. These apply to all transportation companies, motor carriers, brokers, and also freight forwarders. They are required to have a BOC-3 list of process agents on file. The FMCSA must have the record of the same with them. When a motor carrier travels into any state, according to the FMCSA guidelines, they must have a process agent to represent them within that state.

If you are applying for a motor carrier number or motor carrier permit or your ICC authority, DOT authority, MC number, ICC number, trucking authority, ICC carrier, or truck authority, interstate authority, operating authority, federal highway authority, (each term means the same), any of these permits will not be granted to you if as a carrier, you do not have a list of process agents with the FMCSA on file.

Definition Of A Process Agent

A process agent is also called an agent of due process. This is a representative of a motor carrier in another state. If any proceeding is brought against a motor carrier, court papers may be served or sent to this representative instead of the motor carrier, freight forwarder, or the broker in that state. The process agent has the responsibility and obligation to accept those legal papers. They will then forward them to the carrier in their home state. Before any judgment can be levied against you, the papers will be conveyed to you promptly.

Your US DOT Number Application

In some states across the country, if you drive a commercial vehicle or use any kind of a commercial vehicle in your business that has a gross vehicle weight rating of more than 10,000 LBS, you should register it for a US DOT number. This applies to a combination of truck and trailer, van and trailer, and similar vehicles, and that have a combined gross vehicle weight rating of more than 10,000 LBS. If with the same vehicle or combination of vehicles, you intend to cross state lines, you must register for a US DOT number. If you intend to cross state lines with a vehicle of more than 10,000 lbs in weight, or a commercial vehicle that pulls a trailer, you will be required to get a unified carrier registration as well.

ICC Authority, Carrier Authority, DOT Authority

If you are a for-hire carrier, you are either hauling exempt loads or loads that need you to apply for a trucking authority, MC number, absolute trucking authority, ICC number, or ICC carrier. They are all the same. Other names given to them are ICC MC, ICC MC number, FMCSA authority, ICC permit, etc. 

Apply for your ICC number and register for your UCR on time. You must also file your quarterly IFTA fuel tax reports on time. If you intend to transport exempt loads such as logs, grain, and livestock across state lines, you should apply for your US DOT number right away. In addition to that, you must register for your unified carrier registration filing as well. Make sure to file your quarterly IFTA fuel tax report as well. But you do not need to register for your DOT authority or ICC authority.

Broker Authority

If you use somebody else’s trucks or commercial vehicles to move loads, you will need a broker authority.

IFTA Fuel Tax Reporting

If you drive a commercial vehicle or a truck that has a weight of more than 26,000 LBS and you intend to haul loads with it across state lines, you will have to register for and file your IFTA fuel tax regularly. You will have to do this filing with your home state.

Your BOC-3 List Of Process Agents

If you are working as a for-hire carrier and want to apply for your ICC authority, MC number, trucking authority, or DOT authority, you must register for your BOC-3 list of process agents as well.

Unified Carrier Registration (UCR)

The UCR is your Unified Carrier Registration filing and if you drive a commercial vehicle that has a gross vehicle weight rating of more than 10,000 lbs or any commercial vehicle combination such as a trailer and truck combo, where the combined vehicle weight rating is more than 10,000 lbs and if you intend to cross state lines with the same, you must register for Unified Carrier Registration. If carriers intend to cross state lines, they must register for a unified carrier registration program. This requirement applies to private carriers, exempt carriers, and carriers with ICC authority, MC number, or trucking authority.

Single State Registration

In September 2007, the Unified Carrier Registration system replaced the Single State Registration System, which required motor carriers to register with their home state.

New York Highway Use Tax Registration

The New York Highway use tax is a weight distance tax. If you drive a powered vehicle that has a weight of more than 18,000 LBS or a truck and trailer combination or a tractor or trailer combination that has a weight of more than 18,000 LBS, and if you want to enter the state of New York, you will have to register for the New York highway use tax. This should be done before you enter New York.

Kentucky KYU Registration

To drive a commercial vehicle weighing 60,000 LBS or more, you must register for a Kentucky KYU number before entering the state. Obtaining this number is mandatory if you plan to cross state lines and enter Kentucky.

New Mexico Weight Distance Tax

You will also have to complete New Mexico weight distance tax registration if you intend to enter new Mexico and need to pay a mileage rate to cross the state line. You can either pay at the border or you can pre-register for your New Mexico weight distance tax registration and can pay once each quarter. By pre-registering with the state, you will only have to pay $16.50. If you are going east or west on I-40 with a vehicle that has a weight of 80,000 lbs and if you intend to pay at the scale house, you will have to shell out an amount of $60. 

Oregon Weight Distance Tax

This state only has a weight distance tax registration requirement. It does not have an IFTA fuel tax formality. If you want to travel through this state, you can either pay at the border to cross Oregon or you can register for the weight distance tax and pay a monthly amount.

Texas DOT FORMALITIES

The state of Texas issues DOT numbers, which have various names including Texas DOT, TX DOT, DOT Texas, Texas DOT license, DOT state of Texas, DOT state TX, and DOT Number.

They apply to different types of businesses and operations. You will have to register for it as well. The requirement that you must fulfill is the Texas interest state authority for your truck or semi-tractor. This also applies to your trailer or pickup when attached to it. If you deliver loads inside Texas, you will have to fulfill this requirement. This applies to your vehicle if you pick up loads in Texas and travel across state lines as well. You will need a US DOT number for this. If you intend to take loads in and out of Texas, you may have to apply for interstate authority. It is very commonly known as ICC authority, MC authority, ICC number, ICC MC number, ICC filing, absolute trucking authority, and the like.

What Is Exempt Loads Information?

Exempt loads do not require you to carry any ICC authority, trucking authority, or DOT authority if you intend to cross state lines. However, if your vehicle has a weight of more than 10,000 lbs, you must register for a US DOT number. If the weight of the vehicle is more than 26,000 lbs and you want to cross state lines with it, you must also have an IRP license plate. You also need to register for IFTA fuel tax. The next step will be registering for your unified carrier registration program.

2290 Federal Highway Use Tax

Every truck and tractor, truck and trailer combination, and similar commercial vehicles that have a weight of more than 54,999 LBS are subject to this 2290 federal highway use tax. They must file for it regularly and without fail.

Federal ID Number

As an employer, you must possess a federal ID number to file your employment taxes. If your trucks or truck and trailer combination weigh more than 54,999 LBS after loading, you must file for your annual 2290 federal Highway use tax. You will require your EIN federal ID number for this purpose, as your social security number is not acceptable for filing.

Farm Trucks And Trailer Related Regulations

If you are performing operations within your state, different regulations may apply. But remember that every different state across the country is going to have its own farm truck and trailer regulations. You should look up those regulations on the state’s official website.

Crossing state lines with your farm plated truck or semi-tractors and trailers is only possible if you first register for your US DOT number and IFTA fuel tax.

IRP License Plates

If you run a truck or a trailer tractor combination that has a weight of more than 26,000 LBS and want to cross state lines with it, you must have an IRP plate or apportioned license plate. You will also have to register for your US DOT number and your IFTA fuel tax. If your trucking company has not leased you, then you must file your UCR immediately.

Commercial License Plates

Basic commercial license plate requirements are applicable to the weight of your truck, trailer, truck-trailer combination, and similar commercial vehicles.

FAQ

What Happens If You Fail a DOT Inspection?

If the vehicle or driver is deemed unsafe, they may be placed out of service, meaning the vehicle cannot operate until all violations are properly corrected.

Who decides which level of inspection to perform?

Both the Commercial Vehicle Safety Alliance (CVSA) and the Federal Motor Carrier Safety Administration have a part in DOT inspection levels. The CVSA develops the criteria and sets the procedures for every inspection level. The FMCSA establishes overall regulations and determines which vehicles must be inspected.

How often do DOT inspections happen?

DOT inspections can happen at any time. They most commonly happen during roadside stops and weigh stations. Carriers with higher risk, poor safety records, or hazardous material may be inspected more frequently.

What documents are required during an inspection?

Documents required during an inspection include but may not be limited to:

  • State driver’s license or commercial driver’s license
  • Medical examiner’s certificate
  • Record of duty status
  • Vehicle registrations
  • Periodic inspections document for all vehicles being operated
  • Shipping papers or bills of lading
  • Information for hazardous materials being transported
  • Proof of insurance

What are common DOT inspection violations?

According to the FMCSA, the 5 most cited roadside violations are:

  1. False Report of Driver’s Record of Duty Status: log falsification providing inaccurate or intentionally altered duty-status information.
  2. No Record of Duty Status (ELD Required): using a commercial vehicle without the required electronic logging device or valid time records.
  3. Inoperable Required Lamp: crucial lights (headlights, brake lights, turn signals, etc.) are not functioning properly.
  4. Operating a Commercial Motor Vehicle Without a Commercial Driver’s License (CDL)
  5. Operating a Commercial Motor Vehicle Without Proof of a Periodic Inspection: failure to meet FMCSA the maintenance standards of a required annual inspection.

Why is updating VMT important for compliance?

VMT is tracked to determine fuel tax obligations (Vehicle Miles Traveled Tax) used for road maintenance and improvements. Trucking companies must keep accurate records of VMT to ensure they pay the correct amount of taxes.

How often should VMT be updated?

For motor carriers VMT must be updated every two years along with the MCS-150 form for the Biennial Update.

Can VMT be tracked automatically with technology?

Yes, Electronic Legging Devices (ELDs), Fleet Management Apps, and Mileage Tracking Software are all technological advancements that can simplify the process of VMT tracking.

How does VMT affect taxes and fuel reporting?

Accurate VMT records help document mileage for business-related tax deductions, ensuring compliance with IRS regulations. It also supports fuel tax reporting by tracking the miles each vehicle travels in different jurisdictions, which is essential for state and federal fuel tax calculations. Proper tracking reduces errors, prevents penalties, and provides a clear record of operational costs.

How do I know when my Biennial Update is due?

  • Your filing schedule depends on the last two digits of your USDOT number. The last digit corresponds with what month the form needs to be filed in. January is 1, February is 2, March is 3, etc. The next to last digit determines the year (odd-numbered year or even numbered year). For example, DOT number 1234567 files their biennial update in July (7) of every even year (6). Contact us today to see if you’re due.

Does the Biennial Update cost money to file?

While you can file your Biennial Update yourself for no cost through FMCSA. The process can often be confusing and time-consuming. Our team can handle your filing for you, simplifying the process for you.

Do intrastate carriers need to file the update?

Yes, even if carriers stay within state lines, a biennial update is still needed for their USDOT number.

What happens if I miss my filing deadline?

  • Failure to complete biennial update to FMCSA can be subject to fines with a maximum penalty of $10,000. If your update is past due, you can still file it to restore your compliance status. Contact us today to file your form! https://dotcompliancegroup.com/bu-update/ 

What are the new FMCSA rules in 2025?

  1. Civil Penalty Amount Increases
  2. Drug & Alcohol Clearinghouse Becomes Exclusive Source for checking driver history.
  3. ELD Technology Required
  4. SMS (Safety Measurement System) Modernization
  5. Crash Preventability Determination Program Expanded

When do the 2025 FMCSA regulations take effect?

The confirmed dates these regulations take effect is May 30, June 23, October 1, 2025.

How can trucking companies prepare for these changes?

Regularly reviewing your Safety Measurement System (SMS) scores and maintaining personal checklists for inspections, driver qualification files, and drug and alcohol testing helps catch issues before they affect audits. Partnering with DOT Compliance Group streamlines filings, reporting, and ongoing monitoring, taking the guesswork out of FMCSA regulations and keeping your operation audit-ready year-round.

What Triggers a DOT Compliance Review?

A DOT compliance review is triggered when FMCSA wants to ensure a carrier is following safety regulations. Common triggers include high SMS safety scores, a history of crashes or violations, and previous noncompliance. Staying proactive with accurate records, driver files, and regular internal audits helps reduce the likelihood of a review.

Where can I get help with FMCSA filings?

DOT Compliance Group can assist with any help or questions you may have about FMCSA filings. Call 972-476-9962.

How long are violations kept on record?

According to the Clearinghouse rules, drug and alcohol violations remain in the FMCSA Clearinghouse for five years, provided all requirements (such as completing the return‑to‑duty process) have been met before that period ends.

What if an employer makes a mistake in reporting?

In practice, correcting an employer reporting error typically involves identifying the mistake in the database and then submitting a request for correction through the Clearinghouse portal or FMCSA procedures, so the record reflects accurate information. 

What are the penalties for non-compliance?

FMCSA rules allow civil penalties for non‑compliance, and separate authorities note that employers who fail to meet Clearinghouse requirements may face civil fines or criminal penalties under federal regulations.

Do trucking companies check the Clearinghouse?

Yes — trucking companies check the Clearinghouse as part of their hiring and compliance process. The FMCSA Clearinghouse is designed so employers can search a driver’s drug and alcohol violation records before permitting them to operate a commercial vehicle. Employers are required to conduct these queries for both prospective and current drivers as part of compliance.

0 Comments

Submit a Comment