§ 365.109 - FMCSA review of the application.

§ 365.109 FMCSA review of the application.

Cross Reference

Link to an amendment published at 78 FR 52647, Aug. 23, 2013.

Cross Reference

Link to a delay published at 80 FR 63702, Oct. 21, 2015.

Cross Reference

Link to an amendment published at 80 FR 63704, Oct. 21, 2015.

Cross Reference

Link to a delay published at 81 FR 49553, July 28, 2016.

(a) FMCSA staff will review the application for correctness, completeness, and adequacy of the evidence (the prima facie case).

(1) Minor errors will be corrected without notification to the applicant.

(2) Materially incomplete applications will be rejected. Applications that are in substantial compliance with these rules may be accepted.

(3) All motor carrier applications will be reviewed for consistency with the FMCSA's operational safety fitness policy. Applicants with “Unsatisfactory” safety fitness ratings from DOT will have their applications rejected.

(4) FMCSA staff will review completed applications that conform with the FMCSA's safety fitness policy and that are accompanied by evidence of adequate financial responsibility.

(5) Financial responsibility is indicated by filing within 20 All applicants must file the appropriate evidence of financial responsibility pursuant to 49 CFR part 387 within 90 days from the date an notice of the application notice is published in the FMCSA Register:

(i) Form BMC-91 BMC–91 or 91X or BMC 82 surety bond - Bodily —Bodily injury and property damage (motor property and passenger carriers; household goods and freight forwarders that provide pickup or delivery service directly or by using a local delivery service under their control). ,

(ii) Form BMC-84 - Surety BMC–84 —Surety bond or Form BMC-85 - trust BMC–85—trust fund agreement (property brokers of general commodities and household goods).

(iii) Form BMC 34 BMC–34 or BMC 83 surety bond - Cargo —Cargo liability (household goods motor carriers and household goods freight forwarders).

(6) Applicants also must submit Form BOC-3 - designation of legal process agents - within 20 BOC–3—Designation of Agents—Motor Carriers, Brokers and Freight Forwarders—within 90 days from the date an notice of the application notice is published in the FMCSA Register.

(7) Applicants seeking to conduct operations for which tariffs are required may not commence such operations until tariffs are in effect.

(8) All applications must be completed in English.

(b) A summary of the application will be published as a preliminary grant of authority in the FMCSA Register to give notice to the public in case anyone wishes to oppose the application.

[59 FR 63728, Dec. 9, 1994, as amended at 60 FR 63981, Dec. 13, 1995; 67 FR 61820, Oct. 2, 2002; 75 FR 35328, June 22, 2010; 81 FR 63704, Oct. 21, 2015]

Effective Date Note

Effective Date Note:

At 82 FR 5299, Jan. 17, 2017, § 365.109 was suspended, effective Jan. 14, 2017.