applying for authority
Discussion in 'Ask An Owner Operator' started by Stroked F550, Jan 29, 2009.
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Okay-
My use of the term "General Public" was a little vague. I apologize.
Common authority is required when the INTERESTS of the general public need to be properly served. You cannot hold yourself out to be a household mover, for example, unless you have common-household goods authority. And, it would be impossible For FedEx to negotiate a rate and fill out a bill of lading on every one of the millions of overnight envelopes they handle every day. They are held to a different standard.
This does not exclude you from hauling stuff for John Smith, Mary Smith, John Doe, or anyone for that matter. As long as you negotiate a rate, and protect yourself by filling out a Bill of Lading that accurately describes the cargo, you can haul freight for anyone.
I have a good customer who buys used slot machines from the casinos in Las Vegas, refurbishes them in his barn and resells them. The only thing he asks me is "how much are you gonna charge me?". He doesn't give a hoot about FMCSA regs, Bill of Ladings, cargo insurance or whatever. But it is MY responsiblity to make sure that everything is legit and that we are BOTH protected. On the flip side, the larger shippers and brokers (for the most part) TELL me what the rate is and demand that all the i's are dotted and t's crossed on THEIR contract before they will even consider giving me a load. -
so as long as you use a BOL it doesn't matter if you are contract or common then?
Can I update my authority online and add contract on there? or do I need to wait until my authority comes in and then update it?
Right now as it stands with my common authority ($150k cargo and $1M liability) can I haul for a individual, company, shipper and or broker without any problems from the FMCSA or any other government agency?
Will shippers and brokers turn me down since I have common authority?
thanks,
AndrewLast edited: Jan 30, 2009
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Yes. If you haul for an individual who doesn't require a written agreement, the BOL serves as the contract. Doesn't matter whether you are common or contract.
Yes you can. But it will cost you another $300. It may be best to stick to Common for the time being.
Yes. You are in compliance with all laws.
As long as you sign their top-heavy contract(s) with no revisions, you'll be OK.
Problems arise when a trucker with Common Authority tries to slip in his own tariff schedule
or presents a screwy BOL to the shipper that limits his cargo liability under UCC 49. I guarantee that brokers aren't gonna buy that.Stroked F550 Thanks this. -
Do I really gotta wait a stinkin WEEK for my LLC to apply for my authority???
Man I need to get this done while I still have the money! Another full month or two of all my bills and I'll be cutting it close for comfort. -
You don't need to be incorporated to apply for authority.
Use your own name in box 1 of form MCS 150, as a Sole Proprietor, and list the name of your future LLC in box 2 as your DBA/Trade name.
You can file for a name change in the future.
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Ok, but you still need and EIN either way. I'm kinda stuck now because it is included in my LLC filing, they're doing it for me, so I'd probably mess something up if I went ahead and filed for one myself now too.
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When I submited my USDOT and Opertating authority applications online they gave me both numbers instantly however my operating authority is going to take at least a few weeks until it gets submitted in the Federal Register/ they send my actual authority in the mail.
can I submit my UCR,IFTA, IRP, CA #, Motor carrier permit applications right now or do I have to wait until I receive my actual authority in the mail? -
The easiest way to register for UCR is to do it online at the website sponsored by the state of Indiana. It''s valid for any state you are based in, will cost you $39 for 1 truck and 1 trailer:
https://www.ucr.in.gov/
Since the UCR dovetails with your liability insurance it may not be valid until your underwriter posts it with FMCSA, usually 2 or 3 weeks down the road.
Also, bear in mind that you have to have an Agent of Process on file for every state you plan on traveling through before the FMCSA will approve your authority. The best deal I have found ($24.50-one time fee) for the BOC-3 Process Agent filing is here:
http://www.shop.skbtruckingpermits....4F9236FF955A8D99CF80DBF54271A330.qscstrfrnt02
IRP and IFTA are not tied in any way to Interstate MC Authority. Two separate animals. I'm not familiar with Calif. requirements, but as long is you can show proof of liability insurance you can probably get your truck registered and open an IFTA account. Make sure you bring these with you to the DMV office:
USDOT #
Accord Certificate from your insurance agent
Bill of sale for your truck
Current IRS form 2290
Completed schedule B- estimated/actual miles for all states you will travel in.
Since you are a new carrier based in Calif. you will have to choose which states you think you will be traveling in and use the ESTIMATED miles from this chart:
http://www.dmv.ca.gov/mcs/hotopics/2009_cal_estimateddistance_chart.pdf
In addition-
Arkansas and Kansas charge a property tax based on the value of your equipment and mileage traveled in their states. This is in addition to the IRP and IFTA fees. If you add them to your cab card using Estimated Miles, you will recieve a bill from them whether you travelled there or not!
Kentucky requires an additional registration # plus extra fees.
New York requires an HUT# for their state.
New Mexico requires you to register for an additional weight/mile tax account if you plan on traveling through their lovely state. Separate cab cards are no longer required.
Last but not least...
Oregon.
Since Oregon doesn't collect IFTA taxes at the pumps they give carriers two mileage tax options:
Post a $2500 bond. This will allow you to file monthly returns based on miles travelled. Or,
Apply for an Oregon file #, and pay as you go. You must buy a 10 day temporary pass BEFORE you enter the state. You can buy a pass at the main POE's during normal business hours. If you're entering after hours you need to call the main office in Salem and pay by credit card. They will fax it to you.
And Don't forget. Once your CA# and MCP# are active, you will be part of the Calif. BIT mandatory inspection program. more fun.
Welcome to the world of trucking.Working Class Patriot and Stroked F550 Thank this. -
Let me add to that...OR has more Scales and DOT officers than CA does.
OR also thinks that drivers are "Rolling ATMs" so be careful with your axle weight and speed on OR highways.
In CA you can get away with driving 62 MPH.....OR, you'll get nailed for doing 60...especially with CA IRP.
AZ has speed cameras on the 10 and mobile cameras mounted on cruisers....
so be careful while running through AZ.
CA's DOT are very helpful if you have any questions......
UT's ST. George P.O.E. has a fantastic DOT officer on the 2nd shift.
SD's Troopers are great as well.
TX????? Been there done that. Where are they????Stroked F550 Thanks this.
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