If you’ve lost your operating authority, all is not lost. The Federal Motor Carrier Safety Administration has clearly defined policies for revoking and suspending a carrier’s ability to operate. There are also clear guidelines for reinstating a suspended or revoked motor carrier operating authority that must be followed if you are going to get back on the road legally.
How can you lose your Operating Authority?
The FMCSA has the ability to suspend your privileges at any time; in most cases, this is done for clearly defined reasons. The issues that your organization is experiencing must be addressed and resolved before you can be reinstated. The FMCSA recently released some clearly defined guidelines for suspension; safety violations are by far the most common issue, but everything from truck inspection failures to missing documentation could impact your ability to operate.
What to do to reinstate your Operating Authority.
Once your operating authority has been revoked, you will need to take steps to address any issues that were used to suspend you in the first place. Once you have resolved any ongoing concerns, you will need to officially request reinstatement. For most carriers, this is a straightforward process; simply complete the paperwork and submit the $80 fee for reinstatement.
You will need to have your BOC-3 form and truck insurance in place before applying. If these are not ready for review, your reinstatement will be delayed until they are in place. You will also need to have an up to date and active USDOT record. If you do not have this, you should include an MCS-150 form with your request for reinstatement.
Exceptions for OOS Passenger Carriers.
If you are a passenger carrier that was suspended or put Out of Service (OOS) because of a poor safety rating, you’ll need to complete a different application. If you have received a poor safety rating (UNSAT/UNFIT), you are not eligible for reinstatement. You will need to use form OP-1 and pay a $300 application fee to reapply for motor carrier operating authority.
Filing for reinstatement.
Once you’ve gathered all of your paperwork and determined that reinstatement is the right approach for your situation, you can complete the application online. You’ll need a docket PIN to complete the process online.
If you prefer to file a paper version, you can complete the Motor Carrier Records Change Form, MCSA-5889 and print it out. You can then send it in the mail or fax it. Note that online filing is faster and easier than filing by mail. Sending your application in by mail can take up to 6 weeks for processing.
Wait for an authority review.
The authority review is designed to take an aggressive stance against those organizations that attempt to launch a new operating authority without correcting the issues that caused the suspension in the first place. If you have addressed the problems and completed the process correctly, your operating authority should be reinstated and you will be able to legally drive once again.
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Source:
https://www.govinfo.gov/content/pkg/FR-2012-08-02/pdf/2012-18935.pdf