The Federal Motor Carrier Safety Authority (FMCSA) provides a set of requirements (for transportation companies) to operate within the US. The USDOT (United States Department of Transportation) number is an essential requirement. To register a transportation company, you can do it through an online portal.
This set of requirements also include BOC 3. Apart from these requirements, the FMCSA also requires a transportation company to name an SOP (service of process) agent. Designating a process agent is essential for all trucking companies operating within the US. An SOP (or a process agent) is a person or organization that acts as your representative in legal matters. Hence, when you hire them, they are sanctioned (by you) to receive and send legal documents on your behalf.
The FMCSA sets these requirements to ensure that trucking companies and transportation businesses comply with the safety standards. It is to ensure the safety of the driver and the passengers on the road. You can find more information regarding this on the FMCSA website.
What is BOC 3 filing?
BOC refers to a blanket of coverage status. BOC 3 filing is the process of filing for a process agent with the FMCSA. It is also known as Designation of Agents for Service of Process. When the filing is received, the FMCSA assigns the process agent to you and sanctions them to receive legal documents on your behalf. The process agent is responsible for filing the BOC 3.
Why is it important?
BOC 3 filings must be completed before a transportation company can begin its operations. Without it, no trucking company, whether it is a freight carrying company or a passenger transporting company, can operate. Moreover, if a trucking company wants to maintain its status as an operating entity, they need to have BOC 3. When filing the BOC 3, you need to provide the name of the trucking business and the address of its office. In addition to this, you must provide the name of the process agent and their address in each state. The name of the person filing for BOC 3 is also required.
For a process agent to operate within all US states, they need to be registered with the FMCSA. Without this, they are not authorized to file a BOC 3 for a trucking company. If a trucking company does not have a BOC 3, it can lose its Operating Authority. A trucking company may have several individual process agents for each state, or they may have a blanket process agent that operates in all fifty states. You can select a blanket process agent from the FMCSA-approved list of processing agencies. Hence, it is essential for all trucking companies.
The purpose of a process agent is to receive court papers prior to a court proceeding. The process agent handles any case against a motor carrier or a trucking company. In addition to this, BOC-3 allows the public to reach out to you in case of court proceedings. Hence, it provides a channel of communication between the public and your trucking business.
The process agents are attorneys who represent you in court. When a process agent receives court papers, they forward them to your mailing address. Hence, you should have the correct mailing address with the FMCSA as well as the process agent.
When hiring a process agent, you have to perform a little research. To ensure that you have selected a reliable process agent, be sure to check their experience. In addition to this, you should look at the prior experience of handling cases relating to trucking companies. Apart from this, reputable process agencies provide additional services. These include report filings.
If a trucking business is about to receive a USDOT number or has applied for one, it should also have a BOC-3 form completed, with a process agent assigned. BOC-3 filing is electronic. The BOC-3 form is filed only once, unlike the USDOT number, which has to be filed annually.
You can find more information regarding BOC 3 filing on the FMCSA website.
Conclusion
BOC-3 form is an essential requirement for every trucking business. Without it, a company cannot operate. You can file a BOC-3 form with the help of a registered process agent in the US.