BOC-3 filing, explained
A BOC-3 names someone in every state who can accept legal papers for your company. For-hire carriers need one before their operating authority is granted, and only a process agent can file it for a carrier.
What it is
Form BOC-3, "Designation of Agents for Service of Process," lists a person in each state who can receive court papers on your company's behalf. If someone sues you in a state where you ran a load, they serve your agent there. The rules are in 49 CFR Part 366.
Who needs one
- For-hire carriers applying for operating authority. The BOC-3 has to be on file before FMCSA grants it.
- Brokers and freight forwarders.
- Private carriers hauling only their own goods don't apply for operating authority, so they don't file one.
Who files it
FMCSA says: "Only a process agent, on behalf of the applicant (carrier), can file Form BOC-3." Brokers and freight forwarders without trucks can file their own. Only one BOC-3 can be on file at a time, and it has to cover every state where you need an agent.
Most carriers use a process agent company with a "blanket" designation, which covers all states in one filing. FMCSA publishes a list of process agents and doesn't endorse any of them.
Rules worth knowing
- You need an agent for each state you operate in or through.
- Each agent has to live in the state they're named for. You can name yourself for the state you live in.
- A post office box isn't accepted as an agent's address.
- To change agents, a new BOC-3 has to be filed. Keep a copy at your main place of business.
How to check yours
Look up your record in Motus's public search. If your BOC-3 isn't showing and your process agent says it was filed, ask them for the filing date and call FMCSA at 1-800-832-5660.
Avoid this
Be careful with anyone who calls right after you register to "complete your BOC-3" or "activate your authority" for a fee. Your contact details become public when you register, and FMCSA says it doesn't use telemarketers. Pick a process agent yourself. How to spot FMCSA scams.
Common questions
Can I file my own BOC-3?
Not as a motor carrier. FMCSA says only a process agent can file Form BOC-3 on a carrier's behalf. Brokers and freight forwarders without their own trucks can file their own.
Do I need a BOC-3 for every state?
You need an agent designated for each state in or through which you operate. A "blanket" designation from a process agent company covers all the states at once, which is how most carriers do it.
Does FMCSA recommend a process agent company?
No. FMCSA keeps a public list of process agents, but it says it doesn't endorse private vendors. Compare a few, and be wary of anyone who calls you first.