Part 368 — Certificate of Registration for US-Mexico Border Operations
49 CFR Part 368: Operating authority requirements for foreign motor carriers at US-Mexico border municipalities.
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49 CFR Part 368 governs the Certificate of Registration that foreign motor carriers — primarily Mexican carriers — must obtain from FMCSA before operating commercial motor vehicles within the United States, either within US-Mexico border municipalities or more broadly under specific cross-border operating conditions.
Unlike standard domestic operating authority under Part 365, a Certificate of Registration under Part 368 is specific to foreign carriers seeking to operate in the United States. Applicants must demonstrate safety fitness, carry appropriate insurance under Part 387, and comply with all applicable Federal Motor Carrier Safety Regulations, including driver qualification, hours of service, and vehicle maintenance requirements.
Cross-border operations between the US and Mexico involve significant regulatory complexity, with requirements differing based on whether operations are limited to the commercial zones of US-Mexico border municipalities or extend further into the United States. Part 368 defines the specific registration pathway for carriers in this category.
Key Provisions
- Requires foreign motor carriers to obtain a Certificate of Registration from FMCSA before operating in the US.
- Applicants must demonstrate safety fitness as a condition of receiving the certificate.
- Carriers must carry insurance meeting Part 387 minimums and file proof with FMCSA.
- All applicable FMCSRs — including Parts 391, 395, and 396 — apply to foreign carriers operating under Part 368.
- Separate from and in addition to standard domestic operating authority requirements under Part 365.
Why It Matters to Truck Owners
For fleets buying or selling trucks used in US-Mexico cross-border operations, Part 368 represents a distinct compliance pathway with its own application process and requirements. Trucks that have operated under a Part 368 certificate have a different compliance history than domestic-only fleets, and buyers should verify the carrier’s current registration status before acquiring equipment.
Frequently Asked Questions
Who needs a Certificate of Registration under Part 368?
Foreign motor carriers — primarily those based in Mexico — that want to operate commercial motor vehicles within the United States need a Certificate of Registration under Part 368. This is in addition to any home country operating authority they hold.
Do Mexican carriers have to follow US trucking safety rules?
Yes — foreign carriers operating under a Part 368 Certificate of Registration must comply with all applicable Federal Motor Carrier Safety Regulations, including driver qualification requirements (Part 391), hours of service (Part 395), vehicle maintenance (Part 396), and drug and alcohol testing (Part 382).
Is Part 368 authority the same as standard FMCSA operating authority?
No — they are separate processes. Standard domestic operating authority is governed by Part 365. Part 368 is specifically for foreign carriers seeking to operate in the US and has its own application requirements, safety fitness review, and certificate type.
Read the official legal text: 49 CFR Part 368 — eCFR.gov (official)
Related Federal Trucking Laws
- Part 365 — Rules Governing Applications for Operating Authority
- Part 385 — Safety Fitness Procedures
- Part 387 — Minimum Levels of Financial Responsibility
- Part 391 — Driver Qualifications
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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