BOC-3 filing: what it is and who files it for your MC authority

What the BOC-3 does

Form BOC-3, Designation of Agents for Service of Process, falls under 49 CFR 366. It names the people who can accept legal papers for your company. FMCSA says an agent has to be designated for each state you operate in or through, and only one completed form can be on file at a time.

Who files it

• Motor carriers: FMCSA says only a process agent, on your behalf, can file the BOC-3.
• Brokers and freight forwarders without trucks: can file it themselves.

Designations can be individual or blanket. A blanket agent covers multiple states in one filing. Agents must reside in the state they cover, and a PO box isn't accepted as an agent's address. You can name yourself as agent for the state where you reside.

When it's due

The BOC-3 is one of two filings, along with proof of insurance, that FMCSA needs before your authority is granted. The OP-1 instructions say both must be in within 90 days of the date your application is published in the FMCSA Register. Miss it and the application is dismissed and the $300 fee is gone. See How to get an MC number.

Changes and name changes

Changing agents means filing a new BOC-3. If your company name changes, FMCSA's name change FAQ says carriers with authority must file an amended BOC-3 and proof of insurance within 30 days of the change, or the authority is at risk of revocation. Under Motus, FMCSA says blanket BOC-3 companies do their filings in the new system, and changes to the BOC-3 process are deferred to a later rulemaking.

Next up after the filings

Once your authority is active, register for UCR and make sure the truck is marked. 49 CFR 390.21T requires your legal or single trade name and USDOT number on both sides of the power unit. USDOT truck lettering starts at $59 for both doors.