Who needs to file BOC-3 form?
You must apply for BOC-3 before applying for a new MC number to keep your MC Authority in compliance. FMCSA requires all truckers for hire, brokers, or freight forwarders to file a BOC-3 (Process Agents) form with the Federal Motor Carrier Safety Administration (FMCSA) before their Authority (MC number) is issued.
BOC-3 form designates a person or an office to accept any legal papers on your behalf in any state you conduct business and/or traverse through, and then forward them to you.
Who can file the BOC-3 form?
Only a process agent, on behalf of the applicant (carrier), can file Form BOC-3 (Designation of Process Agents) with the FMCSA. A broker or freight forwarder applicant, without CMVs, can file Form BOC-3 on their own behalf. Only one completed form may be on file. It must include all states for which agency designations are required. One copy must be retained by the carrier or broker at its principal place of business.
Regulations governing the designation of persons upon whom process may be served are prescribed at 49 CFR 366, as amended. An agent must be designated for each state in or through which the carrier, broker, or freight forwarder operates; each person, association or corporation designated must reside in the state for which designated; a carrier, broker or freight forwarder may designate himself/herself for the state in which he/she resides; and state officials may be designated only if such official’s agreement to so act is furnished with this designation. Note: a post office box is NOT ACCEPTABLE as an agent’s address.