If you’ve been operating your trucking company for a while, you likely know that your business is responsible for complying with other regulations beyond employee drug testing in South Dakota.
One of these is the BOC-3. The following will help shed some light on this essential element in conducting your business legally.
What is a BOC-3?
BOC stands for “blanket of coverage.” The BOC-3 is a U.S. federal filing required for your business to receive the authority to perform interstate operations. It is submitted to the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA).
The BOC-3 filing designates a process agent in each state where your company conducts business to accept and forward legal documents. In other words, the process agent is your legal representative for a particular state and can receive any legal documents served to your business. They then pass these documents along to you. If the process agent is a lawyer, they might offer guidance on what steps your company should take based on laws in a particular state.
What else do I need to know about process agents?
A process agent must be federally registered with the FMCSA to grant a BOC-3. The FMCSA has regulations regarding who can serve as a process agent.
Can our company file the BOC-3 ourselves?
If you are a broker or freight forwarder that does not have commercial motor vehicles (CMVs), you can file your own BOC-3. If your company has CMVs, a process agent will need to file the form on your behalf.
What will the filing need to include?
Your filing must contain information for all states for which you require agency designations. One signed copy needs to be filed with each state where your company conducts business.
Should I keep a copy of the BOC-3 filing?
Yes. Make sure that your company retains one copy at your principal business location.
What if our company needs to make changes to our BOC-3?
If your company decides to designate a new process agent in any of the states included in your filing or in a new state, a new BOC-3 must be filed with the FMCSA.
If the contact information for your company changes, you will need to notify your designated process agents in each state so that you will be able to receive any legal documents that may be served to your business without delay.
Where can I find more information?
Visit the FMCSA website to learn how to select a process agent and for more details.
Whether you have questions about filing your BOC-3, employee drug testing in South Dakota or any other aspects related to trucking compliance, Prorate Services, LLC is your trusted resource. We support our clients with a wide array of services designed to alleviate the burden of keeping your trucking company within national and state legal parameters and to help ensure company compliance and safety.
Our specialized services include drug and alcohol testing, license filings, compliance consulting, driver qualification files and tax filings. Contact us today! We look forward to assisting your company with any or all of its compliance needs.