FMSCA Regulation 365.109
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).
(a)(1) Minor errors will be corrected without notification to the applicant.
(a)(2) Materially incomplete applications will be rejected. Applications that are in substantial compliance with these rules may be accepted.
(a)(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.
(a)(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.
(a)(5) Financial responsibility is indicated by filing within 20 days from the date an application notice is published in the FMCSA Register:
(a)(5)(i) Form BMC-91 or 91X or BMC 82 surety bondBodily 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).
(a)(5)(ii) Form BMC-84Surety bond or Form BMC-85-trust fund agreement (property brokers of general commodities and household goods).
Editor's Note: : Paragraph 365.109(a)(5)(iii) below is effective until March 21, 2011.
(a)(5)(iii) Form BMC-34 or BMC 83 surety bondCargo liability (motor property common carriers and household goods freight forwarders).
Editor's Note: : Paragraph 365.109(a)(5)(iii) below is effective until March 21, 2011.
(a)(5)(iii) Form BMC-34 or BMC 83 surety bondCargo liability (motor property common carriers and household goods freight forwarders).
Editor's Note: : Paragraph 365.109(a)(5)(iii) will be revised effective March 21, 2011, to the following:
(a)(5)(iii) Form BMC-34 or BMC 83 surety bond--Cargo liability (household goods motor carriers and household goods freight forwarders).
Editor's Note: : Paragraph 365.109(a)(5)(iii) will be revised effective March 21, 2011, to the following:
(a)(5)(iii) Form BMC-34 or BMC 83 surety bond--Cargo liability (household goods motor carriers and household goods freight forwarders).
(a)(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.
(a)(7) Applicants seeking to conduct operations for which tariffs are required may not commence such operations until tariffs are in effect.
(a)(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.
