49 CFR §365.109T
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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 (household goods motor 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.