America Outdoors Association
America Outdoors Association

October 22, 2013

AOA's Marketing and Management Conference

December 10 -12, 2013

Albuquerque, NM

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America Outdoors Association Bulletin

New Rules Require Updating Your FMCSA Registration.  Changes in FMCSA Requirements Take Effect November 1, 2013.

The Federal Motor Carrier Safety Administration (FMCSA) requires all private and for-hire motor carriers of passengers and freight providing transportation in interstate commerce to update their registration information with the agency every 24 months.  Beginning November 1, 2013, motor carriers will be subject to new enforcement provisions designed to improve compliance with the update requirement, including potential civil penalties and deactivation of their USDOT number. 

Also effective November 1, 2013, new FMCSA rules will prohibit the operation of a commercial motor vehicle to provide transportation in interstate commerce without a USDOT registration and an active USDOT number.  Carriers violating this prohibition may be subject to civil penalties.

The August 2013 FMCSA final rule adopting these changes also includes a number of other changes to the commercial motor vehicle regulations that will take effect in October 2015.  This includes the replacement of existing systems and forms used for registering and updating information with a new electronic online Unified Registration System (URS).  In addition, the rule will:

·         discontinue the use of Motor Carrier (MC) numbers and use the USDOT number as the sole identifier for motor carriers;

·         revise user fees for registration, insurance filings, and other services;

·         require all for-hire motor carriers to have evidence of financial responsibility (such as certificates of insurance) at the required levels of coverage on file with, and accepted by, the agency; and

·         require all for-hire motor carriers to designate process agents (to accept service of court or agency process), allowing existing private carriers and exempt for-hire motor carriers a grace period until April 25, 2016 to file process agent designations.

Biennial Update Requirement as Revised Effective November 1, 2013

Under FMCSA regulations, a motor carrier must file Form MCS-150, MCS-150B, or MCS-150C, as appropriate, before beginning operations, and every 24 months thereafter, according to the following schedule:

USDOT number ending in:

Must file by last day of:

1

January

2

February

3

March

4

April

5

May

6

June

7

July

8

August

9

September

0

October


Motor carriers are required to file their updates in every odd-numbered calendar year if the next-to-last digit of their USDOT Number is odd, and in every even-numbered calendar year if the next-to-last digit of their USDOT Number is even. 

Currently, biennial updates can be completed online, by mail, by phone, or by fax.  Updates must be filed regardless of whether or not there has been any change to a motor carrier’s registration information.

Beginning November 1, 2013, FMCSA will issue a warning letter at least 30 days in advance of a biennial update deadline.

Motor carriers that register their vehicles in a state participating in the Performance and Registration Information Systems Management (PRISM) program are exempt from the biennial update requirements, provided that they file all of the required information with the appropriate state office.

Failure to complete a required biennial update will subject a motor carrier to civil penalties of up to $1,000 per day, with a maximum penalty of $10,000. Certain for-hire motor carriers may be subject to additional civil penalties as authorized by 49 U.S.C. 14901(a).  In addition, FMCSA may deactivate the USDOT Number for any entity that fails to comply with the updating requirements, preventing the entity from lawfully providing transportation in interstate commerce.

This briefing was provided to AOA by Jon Simon who tracks FMCSA issues for us in Washington, DC.

REMEMBER YOU WILL BE REQUIRED TO USE A PROCESS AGENT BY OCTOBER 2015.  A list of process agents can be found on the FMCSA website:  http://www.fmcsa.dot.gov/registration-licensing/licensing/agents.htm

The FMCSA has an office in every state. Use them to help you understand the regulation and registration update issues.  https://www.fmcsa.dot.gov/about/contact/offices/displayfieldroster.aspx

America Outdoors Association
PO Box 10847
Knoxville, TN 37939

Phone: 1-800-524-4814
americaoutdoors.org

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