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What is a BOC-3?

Updated . Sources for every claim are listed at the end.

Short answer

A BOC-3 is the FMCSA form that designates a process agent, a person or company that can accept legal papers on your behalf, in each state where you operate. FMCSA requires motor carriers, brokers, and freight forwarders to have one on file before operating authority is granted, and to keep it accurate to stay active.

  • It is not insurance. Your insurer files the BMC-91X; you or your process agent file the BOC-3.
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What it does

If someone sues your trucking company in a state where you have no office, they need a place to serve the papers. The BOC-3 names that place. For a carrier with nationwide authority, FMCSA says that means a process agent in each of the contiguous 48 states.

Most carriers use a blanket process agent company that covers every state in one filing. FMCSA's guidance confirms that either the applicant or the process agent can file the form, and that individual or blanket designations are allowed.

Which filing goes where

Trucking insurance filings and where each one goesThe insurer files BMC-91X or BMC-91 with FMCSA as proof of liability for interstate authority, and BMC-35 to cancel it, effective 30 days after FMCSA receives it. The carrier or a process agent service files the BOC-3 with FMCSA. The insurer files Form E with TxDMV for Texas intrastate registration, and Form K to cancel it. The MCS-90 endorsement is not a filing; it is attached to the policy.Who filesFormWhere it goesInsurerfiles itBMC-91X or BMC-91proof of liabilityFMCSAneeded for interstate authorityInsurerfiles itBMC-35notice of cancellationFMCSAeffective 30 days after receiptCarrieror a process agent serviceBOC-3designates process agentsFMCSAan agent in every stateInsurerfiles itForm Eproof of liabilityTxDMVTexas intrastate registrationInsurerfiles itForm Kliability cancellationTxDMVcancels the proof on fileInsurerattaches itMCS-90 endorsementguarantee to the publicYour policynot a filing; part of the policy
Forms named in 49 CFR 387.313 (BMC-91, BMC-91X, BMC-35) and 49 CFR part 366 (BOC-3). Under 387.313, federal filings cannot be cancelled until 30 days after FMCSA receives the BMC-35. TxDMV states that only the insurance company can file proof of insurance (Form E) or its cancellation (Form K), and that the carrier is still responsible for keeping its insurance record active.

Timing with new authority

The BOC-3 is one of three items, along with your insurance filing and the authority application itself, that FMCSA needs before your authority becomes active. FMCSA's OP-1 instructions say the BOC-3 must be filed within 90 days of the date your application was published in the FMCSA Register, or the application is dismissed. See how long until new authority is active and new authority truck insurance.

Keeping it valid

A BOC-3 can go stale. FMCSA has a procedure for invalid process agent designations, such as when the agent relationship has ended: it can issue an order to show cause, and the carrier then has 30 days from service to file a new BOC-3 or show why the existing one is valid. Registration can be suspended if it is not fixed. If you drop a blanket agent service, file a replacement first.

The BOC-3 sits next to your insurance in the onboarding picture: brokers and platforms see active authority only when all the filings line up. If your carrier packet is rejected, check authority status as well as the certificate.

Common questions

Does a Texas intrastate-only carrier need a BOC-3?

The BOC-3 is tied to FMCSA operating authority. A carrier with only Texas intrastate authority registers with TxDMV instead and does not apply for FMCSA operating authority.

Can my insurance agent file the BOC-3?

Not as your insurer. The BOC-3 is filed by you or by the process agent. Your insurer files the BMC-91X proof of liability coverage.

Do brokers need a BOC-3 too?

Yes. FMCSA requires motor carriers, brokers, and freight forwarders to designate process agents before receiving operating authority registration.

Sources

  1. FMCSA, Form BOC-3: Designation of Agents for Service of Process. Who can file the BOC-3; individual or blanket designations.
  2. FMCSA, Suspension of operating authority registration for invalid process agent (BOC-3) filings. Designation required before authority; must be kept accurate; order to show cause and 30-day response.
  3. 49 CFR Part 366, Designation of Process Agent (Cornell LII). Regulatory basis for process agent designations.

This page explains insurance, not law. Have your attorney review indemnity and contract language; our job is making the insurance match it.

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