(a) Before a motor carrier of property or passengers begins interstate operations, it must register with FMCSA and receive a USDOT Number. In addition, for-hire motor carriers must obtain operating authority from FMCSA, unless exclusively providing transportation exempt from the commercial registration requirements in 49 U.S.C. chapter 139. Both the USDOT Number and operating authority are obtained by following registration procedures described in 49 CFR part 390, subpart E. Part 365 of this chapter provides detailed instructions for obtaining operating authority.
(b) This subpart applies to motor carriers domiciled in the United States and Canada.
(c) The regulations in this subpart do not apply to a Mexico-domiciled motor carrier. A Mexico-domiciled motor carrier of property or passengers must register with FMCSA by following the registration procedures described in 49 CFR parts 365, 368 and 390. Parts 365 (for long-haul carriers) and 368 (for commercial zone carriers) of this chapter provide detailed information about how a Mexico-domiciled motor carrier may obtain operating authority.
[80 FR 63707, Oct. 21, 2015]
Effective Date Note:At 82 FR 5304, Jan. 17, 2017, § 385.301 was suspended, effective Jan. 14, 2017. At 89 FR 90620, Nov. 18, 2024, the suspension was lifted and the section heading was revised. In that same document, § 385.301 was again suspended indefinitely, effective Nov. 18, 2024.
Notes of Decisions
Collins v. Heritage Wine Cellars, Ltd., 589 F.3d 895 (7th Cir. 2009).
“49 C.F.R. § 385.301 . Heritage, for reasons unexplained — for it claims to be subject to that jurisdiction, as otherwise it could not claim the exemption for truckers engaged in interstate commerce — has not registered.”
People v. Zazzarino (Louis) (N.Y. App. Term. 2017).
“21 (b) (2), and 49 CFR 385.301 (a), respectively. When the cases were called, defendant was not present and, after a brief trial was conducted, defendant was found guilty as charged.”
State of New Hampshire v. Wayne A. Bickford & a., 167 N.H. 669 (N.H. 2015).
“§ 13901(a); 49 C.F.R. § 385.301 (a) (2014). The plain language of these statutes requires a motor carrier engaging in interstate commerce or transit to be within the jurisdiction of the Secretary and, thus, the FMCSA; purely intrastate activities are left to state and local…”
Anthony Collins v. Heritage Wine Cellars Ltd. (7th Cir. 2009).
“49 C.F.R. § 385.301 . Heritage, for reasons unexplained—for it claims to be subject to that jurisdiction, as otherwise it could not claim the exemption for truckers engaged in interstate commerce—has not registered.”
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