The BOC-3 (blanket of coverage form) Designation of Agents for Service of Process, designates an agent for your company that can receive and file legal documents on your behalf in each state where your business is authorized to operate. If you are an owner-operator, you cannot file your own BOC-3 and will need a representative or process agent to file for you.
What is a process agent?
A process agent, according to the FMCSA’s website, is a representative whom court papers may be served in any proceedings against a motor carrier or freight broker. Every motor carrier shall make a designation for each state in which it is authorized to operate and for each state traveled or traversed during such operations.
Why do you need a BOC-3?
1. Legal Compliance: The FMCSA requires all interstate motor carriers, freight forwarders, and freight brokers to have a BOC-3 on file. Without this form, your business is not legally authorized to operate across state lines.
2. Protection from Legal Risks: Having a BOC-3 on file simplifies the legal process if your company is sued in a state where you don’t have a physical office. Designating process agents in each state ensures that your business can receive legal documents in a timely manner. If your company is involved in any legal proceedings, such as lawsuits or claims, having a process agent in each state means you won’t miss critical deadlines for responding to legal actions.
3. Required for Obtaining Operating Authority: Before you can receive your operating authority from the FMCSA, you must have a BOC-3 on file. This form is one of the critical steps in the registration process for new trucking companies, making it an essential part of starting your business.
How should it be filed?
Only a process agent, on behalf of the applicant (carrier), can file the BOC-3 with the FMCSA. The preference is for it to be electronically filed per FMCSA. Once filed, the FMCSA will update your records to show that you have designated process agents in each state.
How much does it cost?
Filing will cost anywhere from $25 to $150.
Who can file my BOC-3 for me as an owner-operator?
Different trucking associations, agencies, or blanket companies can assist you with your BOC-3. Make sure you choose an agency, blanket company, association, or someone you trust to handle important notifications from the government or various legal entities, including any court filings against your company. The FMCSA offers a search tool for Registered Blanket Companies that can be viewed here.
A few things to note from the FMCSA…
A carrier, broker, or freight forwarder may designate himself/herself for the state in which he/she resides
A post office box is NOT ACCEPTABLE as an agent’s address
One signed copy should be filed with each state in or through which the operation is conducted; and one copy should be retained by the carrier, broker, or freight forwarder
Changes in designation may be made only by filing with the FMCSA, a new form BOC-3
What does the BOC-3 form look like?
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Soshaul Logistics LLC and its affiliates do not provide tax, legal or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. It is meant to serve as a guide and information only and Soshaul Logistics, LLC does not assume responsibility for any omissions, errors, or ambiguity contained herein. Contents may not be relied upon as a substitute for the FMCSA's published regulations. You should consult your own tax, legal and accounting advisors before engaging in any transaction or operation.
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