BOC-3 (process agent designation)
Form BOC-3 ("Designation of Agents – Motor Carriers, Brokers and Freight Forwarders") is the FMCSA filing that names a process agent in each state, a person who can accept legal papers on the company’s behalf.
What is BOC-3 (process agent designation)?
If a company with operating authority is sued in a state where it has no office, someone there has to be able to receive the legal documents. The BOC-3 makes sure that person exists. Motor carriers must designate process agents for all 48 contiguous states and the District of Columbia, unless their authority is limited to fewer states. Brokers designate agents in each state where they have an office or write contracts.
Most companies do not appoint dozens of individual agents themselves. They use a blanket company: a process-agent service that has agents in every state and files the BOC-3 electronically with FMCSA for its clients. Only one BOC-3 can be on file at a time, and a new filing replaces the old one.
The BOC-3 is part of getting and keeping authority. It is filed when a company applies for operating authority along with proof of insurance (or, for brokers, the US$75,000 bond or trust fund), and authority is not granted without it. If the designation lapses, for example because the blanket company cancels it, FMCSA can deactivate the USDOT number and revoke the authority. FMCSA has deferred changes to the BOC-3 filing process to a later release of its new Motus registration system.
Frequently asked questions
Who needs to file a BOC-3?
Every motor carrier, property broker and freight forwarder that applies for FMCSA operating authority. Private carriers and exempt-commodity carriers that need only a USDOT number do not file one.
Can I file the BOC-3 myself?
Carriers and brokers can file their own form, but they then need an agent in every required state. In practice most use a blanket company, which already has agents nationwide and files the form for a one-time or annual fee.
What happens if my BOC-3 is canceled?
Without a current designation of process agents, FMCSA can deactivate the USDOT number and revoke operating authority. If your blanket company stops serving you, have a new BOC-3 filed right away.
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