Part 365 — Rules Governing Applications for Operating Authority
49 CFR Part 365: The rules for applying for FMCSA operating authority as a carrier, broker, or freight forwarder.
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49 CFR Part 365 sets out the rules governing applications for operating authority from the Federal Motor Carrier Safety Administration. No carrier, broker, or freight forwarder may legally operate in interstate commerce without first obtaining the appropriate operating authority through this process.
The application process requires submission of the appropriate form (OP-1 series) along with the required filing fees under Part 360, proof of insurance or surety bond under Part 387, and designation of process agents under Part 366. FMCSA reviews applications and publishes them for a protest period during which existing carriers can object to new authority grants.
Operating authority under Part 365 is separate from safety registration (obtaining a USDOT number). A carrier needs both: a USDOT number for safety regulation purposes and operating authority to haul regulated freight for compensation in interstate commerce. Part 365 governs the operating authority piece of that two-step process.
Key Provisions
- Defines the application process for motor carrier, broker, and freight forwarder operating authority.
- Requires submission of OP-1 series forms along with applicable filing fees and insurance proof.
- Includes a public protest period during which existing carriers can challenge new authority applications.
- Covers modifications, transfers, and revocations of existing operating authority.
- Distinct from USDOT number registration — carriers need both for legal interstate operation.
Why It Matters to Truck Owners
If you’re starting a trucking company or expanding operations, operating authority under Part 365 is one of the first legal requirements you must meet. Without it, hauling freight for compensation across state lines is illegal. If you’re buying a truck from a carrier that’s shutting down, their operating authority may be transferable — but the process is governed by this part.
Frequently Asked Questions
What is FMCSA operating authority?
Operating authority — sometimes called an MC number — is the legal permission FMCSA grants to for-hire carriers to transport regulated commodities in interstate commerce. It is separate from a USDOT number and is required before a for-hire carrier can legally haul freight for compensation.
How long does it take to get FMCSA operating authority?
After filing the OP-1 application with required fees and documents, FMCSA publishes the application for a 10-day protest period. If no valid protests are filed, authority is typically granted within 20-25 business days total, assuming all documentation is complete.
What happens if I operate without FMCSA operating authority?
Operating as a for-hire carrier in interstate commerce without the required operating authority is a federal violation subject to civil penalties. FMCSA can issue out-of-service orders and fines for operating without proper authority.
Read the official legal text: 49 CFR Part 365 — eCFR.gov (official)
Related Federal Trucking Laws
- Part 360 — Fees for Motor Carrier Registration and Insurance
- Part 366 — Designation of Process Agents
- Part 367 — Standards for Registration with States (UCR)
- Part 385 — Safety Fitness Procedures
- Part 387 — Minimum Levels of Financial Responsibility
This page is provided for informational purposes only and is not legal advice. Always verify current requirements at fmcsa.dot.gov or with a qualified transportation attorney.
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