Understanding the BOC-3 Filing: Critical Requirement for Operating Authorities
If you've already filed your operating authority with the Federal Motor Carrier Safety Administration (FMCSA), you've likely come across the term "BOC-3 filing." This is a critical step in the process, and understanding it is essential for getting your operating authority approved and avoiding the potential dismissal of your new authority. This article will break down what a BOC-3 filing is, who needs one, how to get it, and what can happen if you don't have one.
What is a BOC-3 Filing?
A BOC-3, which stands for "Blanket of Coverage," is a federal filing that designates a process agent for your company in each state you operate in, or even all states. A process agent is a person or company that can receive legal documents on your behalf. They act as a point of contact in each state, ensuring that if any legal action is brought against your company, the official documents will be received and forwarded to you in a timely manner. This ensures that you are always aware of any legal proceedings, no matter where you are in the country.
Who Needs to File a BOC-3?
Anyone applying for an operating authority with the FMCSA is required to have a BOC-3 on file. This includes:
Motor Carriers: Companies that transport goods across state lines for-hire.
Brokers: Individuals or companies that arrange for the transportation of cargo.
Freight Forwarders: Businesses that organize shipments for individuals or corporations.
Essentially, if you're involved in interstate for-hire work, you’re required to obtain a BOC-3.
Who Can Provide a BOC-3 Filing?
While you are responsible for ensuring your BOC-3 is filed, you can only file yourself if you plan on finding a process agent in each state to act on your behalf and form an agreement with them. Alternatively, and most commonly, you would utilize a Blanket Company that is registered with the FMCSA who can file a BOC-3 on your behalf. These companies have a network of process agents in every state and can provide the "blanket coverage" needed to satisfy the FMCSA's requirements.
For example, Total Insight Professional Services is a registered provider with the FMCSA. You can review a full list of companies designated by the FMCSA here.
What Are the Consequences of Not Having a BOC-3?
It’s pretty straight forward. A BOC-3 is a mandatory filing to get your operating authority approved by the FMCSA. Meaning - no BOC-3 filing, no authority. If you have already applied for an authority such as an MC number, you only have 90 days from the date you apply to attach a BOC-3 and a satisfactory insurance policy. Without these two critical requirements, your authority will be dismissed by the FMCSA. Authorities dismissals cannot be reversed unless you have proof that it was dismissed in error.
Failing to obtain a BOC-3 not only prevents the authority from being authorized, it may also mean losing the $300 (or more for multiple authorities) that you already paid to the FMCSA for your operating authority.
While there may be good reason to wait some time before obtaining an insurance policy - there’s no real reason to delay getting a BOC-3 filed and attached to your MC Number or other authority type. If you already have your authority and still need the required BOC-3 filing - click here to get your lifetime BOC-3 filing today.
Changes Coming to BOC-3 Requirements Soon
The FMCSA has recently announce plans to require the BOC-3 filing for not only for-hire & interstate entities - but ALL interstate entities that hold a USDOT number. While no official date has been announced by the FMCSA - it’s important to be aware of and prepare for these changes.
If you are an interstate company, it’s a good idea to look at a Blanket of Coverage provider now, so as soon as the changes take effect, you can take action.
In Conclusion
The BOC-3 filing is a fundamental requirement for anyone seeking to operate as a for-hire/interstate motor carrier, broker, or freight forwarder in the United States. It's a system designed to ensure legal accountability and communication. By working with a registered blanket company, you can be confident that you’re covered in every state you operate in and your BOC-3 is filed correctly.
For questions about the BOC-3 filing, requirements, deadlines, or anything else relating to running a successful and compliant trucking operation - give us a call.