The American Trucking Associations is now authorized to file the Designation of Agents for Service of Process Form BOC-3 with the Federal Motor Carrier Safety Administration and act as a blanket company on behalf of registered motor carrier and/or property brokers. If your company has or is in the process of obtaining its interstate authority and have been assigned your Motor Carrier (MC#) or Freight Forwarder (FF#) number, you will be instructed to file by the FMCSA to file a BOC-3 form.
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BOC-3 Frequently Asked Questions:
What is the BOC-3 Form and is it required by the FMCSA?
The BOC-3 form is a FMCSA requirement for interstate for-hire transportation companies. The BOC-3 form filing serves as a means for the public to be able to reach you if you are involved in court proceedings. A process agent is a representative whom court papers may be served in any proceeding brought against a motor carrier or freight forwarder. The agent will accept the served court papers, which in turn, forward them to you by certified mail. Our process agents are attorneys who understand the importance of their role. It is also very important to maintain your correct mailing address with the FMCSA as well as ATA (your blanket company) to ensure you receive any court proceeding papers and avoid a possible default judgement. FMCSA Regulation 49 CFR Part 366 details more about the Designation of Process Agents by Motor Carriers and Brokers.
As a Private Carrier, do I need to file a BOC-3 form?
Private Carriers DO NOT need to file a BOC-3 form. Regulation 49 CFR 366.1 does note that BOC-3 filing is required for private carriers but was suspended in 2017 when the URS implementation was suspended. The active regulation regarding the requirement is 49 CFR 366.1T
Do I have to be an ATA member to have ATA file my BOC-3 form?
No. You do not have to be a member of ATA but you will need to create a user profile in order complete and sign your BOC-3 form as well as make your online payment.
What is the cost to have ATA file the BOC-3 form?
The cost for ATA to file your BOC-3 form is $55 per year for non-members of ATA. Members can login and purchase this order at zero cost because it is part of your member benefits.
What happens after I pay and complete the BOC-3 form through the ATA Online Store?
We aim to file your BOC-3 form within 72 hours of your submission. Please remember that before the form can be filed, all of the information on the first page must match what is registered with the FMCSA. Once we have filed your BOC-3 form, you will receive 1) a confirmation letter, (2) list of ATA process agents in every state and (3) your filed copy of the BOC-3 form to keep for your records.
Once ATA has filed my BOC-3 form, will this form need to be re-filed every year?
No. The FMCSA only requires a refiling if there is a change in ownership, change in company name or change in address. You will have limited time to refile the BOC-3 form and it is imperative that you maintain your address up to date with the FMCSA as well as with ATA.
When will I receive the ATA Annual Renewal Invoice?
You will receive your renewal notice in December for each upcoming year. The renewal notice is to maintain the process agents who are attorneys. If you find yourself involved in court proceedings, you may contact the process agent directly and independently if you are interested in legal representation in that state.
What if I misplace and need a copy of my BOC-3 form that ATA filed with the FMCSA?
You may request a copy of your ATA filed BOC-3 form by emailing email@example.com.
Still have questions or need assistance? Please contact us at firstname.lastname@example.org.