CFR > Title 49 - Transportation > SUBTITLE B—Other Regulations Relating to Transportation > CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Parts 300–399) > SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS (Parts 350–399) > PART 365—RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY > SUBPART A—How To Apply for Operating Authority (§365.101 to §365.123) > 365.109—FMCSA review of the application.

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).
(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]

Code of Federal Regulations

Effective Date Note: At 75 FR 35328, June 22, 2010, § 365.109 was amended by revising paragraph (a)(5)(iii), effective March 21, 2011. For the convenience of the user, the revised text is set forth as follows: § 365.109 FMCSA review of the application. (a) * * * (5) * * * (iii) Form BMC 34 or BMC 83 surety bond—Cargo liability (household goods motor carriers and household goods freight forwarders).