[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR365.109]



[Page 42-43]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 365_RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY--Table 

of Contents

 

             Subpart A_How To Apply for Operating Authority

 

Sec. 365.109  FMCSA review of the application.



    (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 days 

from the date an application notice is published in the FMCSA Register:

    (i) Form BMC-91 or 91X or BMC 82 surety bond--Bodily injury and 

property damage (motor property and passenger carriers; household goods 

freight forwarders that provide pickup or delivery service directly or 

by using a local delivery service under their control).



[[Page 43]]



    (ii) Form BMC-84--Surety bond or Form BMC-85--trust fund agreement 

(property brokers of general commodities and household goods).

    (iii) Form BMC-34 or BMC 83 surety bond--Cargo liability (motor 

property common carriers and household goods freight forwarders).

    (6) Applicants also must submit Form BOC-3--designation of legal 

process agents--within 20 days from the date an 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]