Operating Authority

 

Companies that operate as “for hire” carriers

(for a fee or other compensation) that transport passengers or federally regulated commodities, or arrange for their transport, in interstate commerce are also required to have interstate operating authority.

The Reach of Operating Authority
FMCSA operating authority is also referred to as an "MC," "FF," or "MX" number, depending on the type of authority that is granted. Unlike the USDOT Number application process, a company may need to obtain multiple operating authorities to support its planned business operations. Operating Authority dictates the type of operation a company may run, the cargo it may carry, and the geographical area in which it may legally operate.

 

Financial Responsibility and Exemptions
All of this also dictates the level of insurance/financial responsibilities a company must maintain. Carriers not required to have operating authority include Private carriers, "for-hire" carriers that exclusively haul exempt commodities (cargo that is not federally regulated), or carriers that operate exclusively within a federally designated "commercial zone" that is exempt from interstate authority rules. A commercial zone is, for example, a geographic territory that includes multiple states bordering on a major metropolitan city, such as Virginia/Maryland/Washington, DC.

Part 365: Rules Governing Applications for Operating Authority


Part Regulation Guidance
Subpart A - How to Apply for Operating Authority
365.101  Applications governed by these rules  
365.103  Modified procedure  
365.105  Starting the application process: Form OP-1  
365.107  Types of applications  
365.109  Commission review of the application  
365.111  Appeals to rejections of the application  
365.113  Changing the request for authority or filing supplementary evidence after the application is filed  
365.115  After publication in the FMCSA Register  
365.117  Obtaining a copy of the application  
365.119  Opposed applications  
365.121  Filing a reply statement  
365.123  Applicant withdrawal  
Subpart B - How to Oppose Requests for Authority
365.201  Definitions  
365.203  Time for filing  
365.205  Contents of the protest  
365.207  Withdrawal  
Subpart C - General Rules Governing the Application Process
365.301  Applicable rules  
365.303  Contacting another party  
365.305  Serving copies of pleadings  
365.307  Replies to motions  
365.309  FAX filings  
Subpart D - Transfer of Operating Rights Under 49 U.S.C. 10926
365.401  Scope of rules  
365.403  Definitions  
365.405  Applications  
365.407  Notice  
365.409  Commission action and criteria for approval  
365.411  Responsive pleadings  
365.413  Procedures for changing the name or business form of a motor carrier, freight forwarder, or property broker.  
Subpart E - Special Rules for Certain Mexico-domiciled Carriers
365.501  Scope of rules  
365.503  Application  
365.505  Re-registration and fee waiver for certain applicants  
365.507  FMCSA action on the application  
365.509  Requirement to notify FMCSA of change in applicant information  
365.511  Requirement for CVSA inspection of vehicles during first three consecutive years of permanent operating authority  
Appendix A to Subpart E  Appendix A to Subpart E  
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