Sam Tucker is the founder of Carrier Risk Solutions, Inc., established in 2015, and has more than 20 years of experience in trucking risk and DOT compliance management. He earned degrees in Finance/Risk Management and Economics from the Parker College of Business at Georgia Southern University. The BOC-3 must be filed within 90 days of the Operating Authority application being published in the FMCSA Register. The FMCSA will issue authority once the BOC-3 form has been filed and any other requirements have been fulfilled. You should receive your operating authority documents within 3-4 business days.
The process agent then forwards these legal documents to the company. The process of obtaining and filing a BOC-3 typically involves working with a specialized service. The BOC-3 form, officially titled “Designation of Agents for Service of Process,” is usually filed by a “process agent service” or “blanket company” on behalf of the carrier. For motor carriers, only a designated process agent can file the BOC-3 electronically with the FMCSA. Brokers or freight forwarders who do not operate commercial motor vehicles may be able to file the form themselves. BOC-3 forms are filed by designated BOC-3 agents, who are also called process agents.
BOC-3 Official PDF
- Without BOC 3 form, a process agent or a company will not be granted the authority to receive and process legal documents on behalf of the professionals listed above.
- After this information is provided to FMCSA, they will issue operating authority and mail this documentation to your company.
- Some agencies offer coverage in all 50 states as well as options for trucking authorities to choose which states to have coverage in.
- Think of your BOC-3 filing as setting up a legal mailbox for your company in every single state.
- It’s a fascinating piece of history, but it’s completely separate from your FMCSA compliance needs.
- Maintaining BOC-3 compliance is an ongoing requirement for transportation entities.
After submission, the FMCSA updates the registration within 24 to 48 hours. Retain a copy of the filed BOC-3 form at the company’s principal place of business for records. The Apex Startup Program has a longtime trusted BOC-3 partnership with Service of Process Agents, Inc. (SPA). SPA has been providing qualified attorneys specialized in representing the trucking industry as resident agents since 1979. Service of Process Agents provides BOC-3 process agents in each state with 40 years of experience.
BOC-3 must be filed before a motor carrier, freight forwarder, or broker can receive operating authority from FMCSA. The FMCSA requires a BOC-3 filing to make sure every transportation company can legally receive service of process in every state in which they operate. Your BOC-3 form lists agency designations for every state, allowing court systems and federal agencies to know exactly where to send important legal papers. The BOC-3 Process Agent, or FMCSA agent, is a business or individual that you appoint to receive any legal documents on your behalf, such as legal summons or complaints.
Check to make sure your BOC-3 filing provider is on this list of certified providers by the FMCSA. Good news for your budget—the BOC-3 filing is a small, one-time fee. Most reputable process agent services charge somewhere between $25 and $50.
Decoding the BOC-3: Your Trucking Company’s Legal Mailbox
Their entire job is to accept legal documents—like a summons or complaint—and get them to you immediately. This system guarantees you’re always reachable for legal matters, no matter where your trucks are rolling. Some agencies offer coverage in all 50 states as well as options for trucking authorities to choose which states to have coverage in. Moreover, it is important to take the added fees, the company’s customer service, and overall transparency into account when choosing a processing agency. However, it is recommended that you get a processing agency for all 50 states and the District of Columbia. The cost of doing so usually includes a filing fee, a fee for the number of states filed in, and an annual fee of a processing agency for your trucking authority.
The filing fee can be as low as $25 whereas some operating state fees can be around $100. This is highly dependent on the number of states you operate in and the processing agency you choose. Depending on the processing agency that you choose, the cost of filing a BOC-3 Form can fluctuate.
- The filing is done electronically through the FMCSA’s online system.
- It is crucial that you have an updated address at all times in case your processing agency sends you court proceeding papers in order to avoid a potential default judgment.
- Contact us or talk with one of our professionals today to learn more.
- Starting a new company is exciting, but it can also be overwhelming.
If that is the case and you are waiting for more than 10 days since the information was sent out, contact FMCSA to see where your documentation might be. Let FCCR take care of the legal side, so you can focus on running your business. Contact us or talk with one of our professionals today to learn more. Starting a new company is exciting, but it can also be overwhelming.
How to Obtain and File a BOC-3
The BOC-3 filing is part of the Federal Motor Carrier Safety Administration (FMCSA)-required process of starting a trucking company and getting active operating authority. This designation allows for proper legal accountability and notification across state lines. The BOC-3 is filed with the Federal Motor Carrier Safety Administration (FMCSA) and is mandated by federal regulations, specifically 49 CFR Part 366. Form BOC-3 (Designation of Agents for Service of Process) is a mandatory filing required by the Federal Motor Carrier Safety Administration (FMCSA). It designates legal agents—known as process agents—in every U.S. state where a transportation company operates. These agents are authorized to receive legal documents on behalf of the business.
How to File BOC-3?
Before filing the BOC-3, a transportation company must select its process agent(s). Companies can appoint individual agents in specific states or utilize a “blanket process agent” service that covers all 50 states and the District of Columbia. Using a blanket agent can simplify compliance by consolidating representation under a single entity.
A BOC-3 is only required for companies operating across state lines and seeking a motor carrier authority (MC number). If you are involved in logistics or planning to start interstate commerce, then you will definitely hear the term BOC-3 frequently. Our goal is to give you general information about the initial steps you need to complete before you start your activity in interstate logistics and transportation. Understand the FMCSA-required form that keeps your operating authority active. You can only act as your own process agent in the single state where your company is physically based.
Can I Be My Own Process Agent?
It ensures there’s a reliable, physical address for a court summons or other legal notice to land. A processing agent is a trucking authority’s legal representation to FMCSA. The processing agency is essentially a permanent address for FMCSA in order to send legal documents to the trucking company.
Your process agent gets the documents, forwards them to you immediately, and gives you the chance to respond and protect your business. This simple electronic filing is what keeps you legally connected and compliant on a national scale. It’s trade for freedom one of those small but critical pieces of the compliance puzzle.
The BOC-3 must remain current and active as long as the entity holds active operating authority. Updates or refiling are necessary in several situations, such as changes to the business name, address, or if a designated process agent changes. Promptly updating the BOC-3 is important to avoid suspension of operating authority or other compliance issues.
If a lawsuit, subpoena, or any other official notice gets served against your company, it goes to them first. They are then legally required to immediately forward those critical papers straight to you. This whole system is designed to make sure you never miss a vital legal communication, no matter where your trucks are rolling. Maintaining BOC-3 compliance is an ongoing requirement for transportation entities.