The application process,

• Operations under a provisional Certificate of Registration, and
• Operations under a permanent Certificate of Registration.

Application Process

The application process represents the first phase in a carrier's efforts to obtain a Certificate of Registration to operate within the border commercial zones. To successfully complete the application process, a carrier must correctly complete and file the OP-2 application package, accompanied by an application fee. Mexico-domiciled carriers that currently hold Certificates of Registration for commercial zone operation must re-apply with the FMCSA by October 20, 2003 in order to continue these operations. Carriers re-applying for a permanent Certificate of Registration will not be required to pay the $300 application fee.

Provisional Certificate of Registration

FMCSA has implemented a safety monitoring system and compliance initiative to help determine whether Mexico-domiciled carriers conducting operations between points in Mexico and the border commercial zones comply with applicable safety regulations and conduct safe operations. The two main components of this safety monitoring system are:

Permanent Certificate of Registration

Mexico-domiciled carriers that demonstrate acceptable levels of safety performance and pass the safety audit will be issued a permanent Certificate of Registration at the end of the 18-month provisional period. FMCSA will send written notification to the carrier indicating that the status of their registration has been changed from provisional to permanent. Once Mexico-domiciled carriers have a permanent Certificate of Registration they will fall under the same safety requirements and operational procedures applied to United States and Canadian carriers.

The application process,

• Operations under a provisional Certificate of Registration, and
• Operations under a permanent Certificate of Registration.

Each of these is described in more detail below.

Obtaining a Copy of the OP-2 Application Package

Mexico-domiciled carriers can obtain a copy of the application package:

Through the mail by calling FMCSA's Information Line (001-800-832-5660 from Mexico or 1-800-832-5660 from the U.S. or Canada) and requesting the OP-2 application package or

• Through the FMCSA Web site on the Internet at www.fmcsa.dot.gov.

OP-2 Application: An original and one copy of a completed Form OP-2 Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers Under 49 U.S.C. 13902, with all necessary attachments and statements.

• Motor Carrier Identification Report (Form MCS-150): A completed and signed Form MCS-150, Motor Carrier Identification Report. The MCS-150 provides basic information about the carrier's operation necessary to maintain FMCSA's carrier census database.
• Designation of Agents for Process (Form BOC-3): A carrier must provide a signed and dated Form BOC-3, Designation of Agents for Service of Process, or use a process service agent who will electronically file the BOC-3 within 90 days. The BOC-3 form must show the street addresses for the person(s) designated as the agent(s) for serving notices of enforcement action. A process agent must be designated in each state in which the applicant may operate. The applicant may not begin operations unless the Form BOC-3 has been filed with the FMCSA.
• Filing Fee: Except for those carriers that have already paid the fee, a filing fee of $300 for each type of registration requested (e.g., contract, common or household goods) payable in U.S. dollars on a U.S. bank to the FMCSA by means of check, money order or credit card must accompany the application.

The completed application, fee and above-mentioned documents should be sent to either FMCSA's Trans-border Office (if paying with a credit card) or to FMCSA's Lockbox (if paying by check or money order). The addresses are as follows:

A current DOT Form MCS-90, and

• Evidence of insurance. The evidence of insurance must show either trip insurance coverage (24 hours or more coverage), or evidence of continuing insurance.

A provisional Certificate of Registration that allows the carrier to operate in the commercial zones for a period of 18 months, and

• A USDOT number.

A safety assessment via a safety audit (usually on site), and

• Safety performance monitoring on U.S. highways via more frequent roadside inspections. Each of these elements is discussed below.

FMCSA SAFETY AUDIT

All Mexico-domiciled carriers seeking a permanent Certificate of Registration to operate in the border commercial zones must undergo and pass an FMCSA-conducted safety audit. The safety audit consists of a review of the carrier's safety data, a review of requested motor carrier documents, and an interview session with the motor carrier's safety official by a trained safety auditor. The following steps describe this aspect of the application process.

Obtain a copy of FMCSA's Educational and Technical Assistance (ETA) Package through the Internet at www.fmcsa.dot.gov/safety-security/eta/index.htm (English) or www.fmcsa.dot.gov/espanol/english/eta_index.htm (Spanish).

• Attend the 1-day Mexico-domiciled Carrier Seminar
• Become familiar with the Federal Motor Carrier Safety Regulations (FMCSR) and Hazardous Materials Regulations (HMR) (if appropriate).

Using drivers not possessing, or operating without a valid Commercial Driver's License (CDL) or Licencia Federal de Conductor (LF);

• Operating vehicles that have been placed out-of-service (OOS) for Commercial Vehicle Safety Alliance (CVSA) OOS violations without making required repairs;
• Involvement in, due to carrier act or omission, a hazardous materials (HM) incident within the U.S. involving highway route controlled quantity of certain HM;
• Involvement in, due to carrier act or omission, two or more hazardous materials incidents within the U.S.;
• Using a driver who tests positive for drugs or alcohol or who refuses to submit to required drug or alcohol tests;
• Operating within the U.S. a motor vehicle that is not insured as required by 49 CFR Part 387;
• Having a driver or vehicle OOS rate of at least 50% based upon three inspections within a consecutive 90-day period.

Failure to respond to an agency request for a written response demonstrating corrective action within 30 days will result in suspension of the carrier's provisional Certificate of Registration until the required showing of corrective action is submitted to the FMCSA. Expedited safety audits and the use of expedited action letters will only apply during the 18-month monitoring period.