What Is a Process Agent in Trucking?
Reviewed
A process agent is the person or company a carrier, broker or freight forwarder names to receive court papers on its behalf in a given state. If someone sues the carrier in that state, the papers go to the agent, who passes them on. The agents are listed on Form BOC-3, and FMCSA needs that designation on record before it activates operating authority.
Who can be a process agent
Under 49 CFR Part 366, an agent is designated for each state where the company must have one, and a designation can only be changed by filing a new one. A carrier could name individual agents state by state, but most new carriers cover all their states at once by hiring a blanket company: a firm with agents in every state that files one designation for the whole list.
Blanket companies also file in Motus. FMCSA's Motus fact sheet lists them among the supporting companies that use the system, next to insurers filing proof of coverage.
What changes for the carrier
None of this shows up as a field on most lead lists. Rookiefeed's rows are newly granted carriers, so the process agent step is already done for every company you call. See the BOC-3 entry and MC authority status explained.
- If the designation is cancelled and no new BOC-3 is filed, FMCSA can involuntarily suspend the authority.
- Switching blanket companies means a new designation, which replaces the old one on the record.
- A missing process agent filing is a reason Motus can show on a pending authority.
Questions
- Do I need a process agent in every state?
- A motor carrier needs agents for each state it's authorized to operate in and each state it travels through. Carriers with nationwide authority usually hire a blanket company that covers all states with a single BOC-3. Brokers and forwarders need agents where they have offices or write contracts.
Every newly granted carrier, by 7am
MC and USDOT numbers, owner name, phone, email, trucks, equipment and the insurer on file, for each carrier FMCSA authorized yesterday.
Go deeper
Related terms
- BOC-3 The designation of process agents form, naming someone in each required state who can accept legal papers for a carrier, broker or forwarder.
- Broker authority FMCSA operating authority to arrange transportation of regulated freight by authorized carriers for compensation, without hauling it.
- Operating authority FMCSA's permission for a company to transport regulated freight or passengers for hire in interstate commerce, or to arrange that transport.
Sources: 49 CFR Part 366, designation of process agents · FMCSA: Motus changes to FMCSA registrations (fact sheet)