What is a BOC 3 and Do I Need One?
The designation of a process agent is an essential requirement for obtaining the authority to operate from the FMCSA.
To receive and keep this authority in the USA, companies must file a Blanket of Coverage (BOC-3) Form with the Federal Motor Carrier Safety Administration (FMCSA), whether they plan to operate as a motor carrier, broker, or freight forwarder.
Starting a new trucking company and doing all the administrative tasks that come with it can quickly become overwhelming and confusing, so in this article, we’ll cover everything you need to know about the BOC-3 form.
What is a BOC-3 Form and What is it For?
The BOC-3 (aka BOC 3 or BOC3) form is an FMCSA requirement for all interstate transportation companies in the US. 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.
It is also very important to maintain your correct mailing address with the FMCSA to ensure you receive any court proceeding documentation and avoid a possible default judgment.
FMCSA Regulation 49 CFR Part 366 details more about the Designation of Process Agents by Motor Carriers and Brokers.
What is a Process Agent?
A process agent is an individual or business appointed by you to receive legal documents on your behalf. This means that should you receive a summons, complaint, or another form of legal communication; they will receive that information first.
You must have a process agent in each state you operate in. That means that if you operate in Texas, Louisiana, Oklahoma, and Arkansas, you’ll need a process agent in each of those states.
Your process agents must also be available at that address during normal business hours (This is essentially the same as needing to have a registered agent in each state you operate in when you have an LLC).
Note: FCCR will cover you in all 50 states.
Can I Act As My Own Process Agent?
You may act as your process agent within your base state only. You must have a physical address where services of process can be received during regular business hours.
Can You File a BOC-3 by Yourself?
Only a process agent, on the applicant’s (carrier’s) behalf, can file Form BOC-3 with the FMCSA. A broker or freight forwarder applicant, without CMVs, may file one on their behalf. Only one completed form may be on file.
Who is Required to Have a BOC-3?
All FMCSA motor carriers, brokers, and freight forwarders must have one on file with the FMCSA to get your motor carrier authority granted. It is also required to reinstate an MC or FF number that has been revoked.
You’ll need the following information to file:
- Name and address of the trucking company
- The name and title of the person authorized to sign on behalf of the company
- The name and address of the process agent(s) for each state
Does a BOC-3 Expire?
No, the BOC-3 does not expire according to the FMCSA. It will remain on your account until you initiate a name change and/or reinstatement.
How Long Does It Take To File?
Once the BOC-3 form has been filed electronically, they will issue operating authority and mail the document to you. Operating authority documents are sent out within 3-4 business days typically. If 10 or more business days have passed since the grant date and you have not yet received the operating authority document, you can contact the FMCSA. You can also check whether your operating authority has been issued by visiting the FMCSA Licensing and Insurance website.
Name changes, transfer of authority, or reinstatement of your motor carrier operating authority may lead to a BOC-3 needing to be refiled.
When Should You Re-file a BOC 3?
You should refile your BOC-3 any time there is a name change, transfer of authority, or another change to the details you provided on your application.
Why You Should Choose FCCR as Your Agent of Process
FCCR is an officially licensed Process Service Agency registered with the FMCSA. Our experts are familiar with the BOC-3 form and will take care of every detail so that you can focus on taking care of your business. We eliminate the possibility of any mistakes during the filing process. Our office is located in Garden City, Idaho but we ensure drivers are covered in all 50 states.
Choosing FCCR to file your BOC 3 guarantees a smooth, efficient process, helping you avoid penalties and save time.
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