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Ask the USDOT Practitioner - March/April 2006

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"JAMES P. LAMB, USDOT PRACTITIONER"
 

Q: What is the difference between an "MC Number" and a "USDOT Number?"

USDOT Practitioner:
There are three types of carriers in the industry: private, exempt-for-hire and regulated-for-hire. All three types of carriers must set up a safety tracking account with the USDOT if they transport property across state lines in vehicles over 10,000 lbs. All Carriers are audited after 90 days.

Some states, such as New York, have adopted the federal safety tracking system and also now require an "INTRAstate USDOT Number" if you transport property within the state and you do not already have state operating authority. In addition, some states now require owner-operators who are not carriers themselves to secure "Registrant USDOT Numbers" in order to renew their apportioned plates under the IRP program. These drivers are not audited by USDOT as they are not carriers.

An MC Number is a federal business license number that is assigned to the regulated for-hire carrier group only. Formerly known as an "ICC Number", this number is issued by the FMCSA to track a trucking company's compliance with cargo and/or liability insurance and process agent filing requirements.

Q: What happened to the ICC?

USDOT Practitioner:
The Interstate Commerce Commission ("ICC") was dissolved by Congress. The Interstate Commerce Commission Termination Act of 1995 took effect on January 1, 1996. So, despite the fact that we still see a reference to "ICC Numbers" on the side of trucks, the federal ICC has not been in existence for over 10 years. The current federal agency that regulates the trucking industry is called the Federal Motor Carrier Safety Administration ("FMCSA").

Q: What is a Process Agent?

USDOT Practitioner:
A process agent is merely a point-of-contact designated by a federal licensee (motor carrier, freight broker, freight forwarder) for the purpose of physically receiving legal process (i.e. lawsuit papers). All license applicants must furnish a process agent for each of the 48 continental states when they apply for a federal business license. To secure process agents, click here.

Q: What is a Safety Audit?

USDOT Practitioner:
Each new carrier that receives a USDOT Number is audited by the USDOT after 90 days of operations so that the USDOT can determine if the carrier has proper safety management practices and controls in place. Auditors can be federal special agents, state motor carrier investigators (I used to be a DOT Investigator) or private contractors. Usually, initial audits are friendly, "technical assistance" visits intended to help carriers comply with safety regulations. Make no mistake, however; you should put your best foot forward and be prepared for your audit with respect to each of the audit topics.

DOTAuthority.com offers a "How to Survive a USDOT Safety Audit" seminar in key locations like Dallas, Atlanta & Sacramento, which can be combined with a 2-hour "Mandatory Reasonable Suspicion/Drug and Alcohol Training for Supervisors". We also cover: hours of service regulations, accident monitoring and reporting, driver qualifications, CDL requirements, inspection, maintenance and repair, safety fitness, hazmat, ect. Call Toll Free: (888) 414-1874 to learn more.

Q: Can a motor carrier broker freight out to an owner-operator?

USDOT Practitioner:
No. That is, it's not called brokering but dispatching. "Brokering" refers only to a duly licensed freight broker arranging for motor carrier transportation on behalf of a shipper client. A carrier who dispatches a load to a leased-on owner-operator is not brokering the load as the carrier remains responsible.

Some carriers also secure a freight broker license so that they can outsource loads to other duly licensed motor carriers. However, in such a case, the broker is not the carrier and is not normally liable for the shipment.

DOTAuthority.com offers an "Introduction to Freight Brokering" Seminar nationwide, which covers topics like: setting up a brokerage, federal regulations, freight rate development, contract negotiations and sales & marketing. Call Toll Free (888) 414-1874 for more information.


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