Part 366 — Designation of Process Agents
49 CFR Part 366: The BOC-3 filing requirement — designating a legal process agent in every state of operation.
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49 CFR Part 366 requires every motor carrier and broker applying for or holding FMCSA operating authority to designate a process agent in each U.S. state where they operate. A process agent is a person or company authorized to receive legal process — such as complaints or lawsuits — on behalf of the carrier or broker in that state.
The requirement is fulfilled by filing FMCSA Form BOC-3, which lists a designated process agent for each state. Most carriers use a third-party BOC-3 service that acts as process agent in all states simultaneously for a nominal annual fee. This filing must be on file with FMCSA before operating authority can be granted under Part 365.
Process agent designation under Part 366 is a purely administrative requirement with no safety content — but it is a hard prerequisite for obtaining operating authority. Applications that are missing a valid BOC-3 filing on record will not receive authority. The filing must be kept current, and any change in process agent requires an updated BOC-3 submission.
Key Provisions
- Requires designation of a legal process agent in every state of operation via FMCSA Form BOC-3.
- Process agents receive service of lawsuits and legal process on behalf of the carrier or broker.
- BOC-3 must be filed with FMCSA before operating authority will be granted.
- Most carriers use third-party national process agent services covering all 50 states for a low annual fee.
- Any change in process agent requires a new BOC-3 submission to FMCSA.
Why It Matters to Truck Owners
The BOC-3 is one of the simplest but most commonly overlooked requirements for new carriers. Without it, FMCSA will not grant operating authority under Part 365, no matter how complete the rest of the application. It’s a $30-50/year administrative requirement that must never lapse — carriers that let their BOC-3 expire can have their authority revoked.
Frequently Asked Questions
What is a BOC-3 filing?
Form BOC-3 (Designation of Process Agent) is the FMCSA form through which carriers and brokers designate a legal representative in each state to receive service of lawsuits and legal documents on their behalf. It is required as a condition of obtaining and maintaining operating authority.
How do I file a BOC-3 with FMCSA?
Most carriers use a third-party process agent service, which files the BOC-3 on their behalf covering all 50 states. These services typically cost $30–$75 per year. The carrier authorizes the service to act as their process agent, and the service submits the BOC-3 directly to FMCSA electronically.
What happens if my BOC-3 lapses?
If a carrier’s BOC-3 designation lapses or is withdrawn by the process agent, FMCSA can revoke the carrier’s operating authority. Carriers must ensure their BOC-3 is current and that their process agent service remains active.
Read the official legal text: 49 CFR Part 366 — eCFR.gov (official)
Related Federal Trucking Laws
- Part 365 — Rules Governing Applications for Operating Authority
- Part 367 — Standards for Registration with States (UCR)
- Part 360 — Fees for Motor Carrier Registration and Insurance
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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