§ 390.19 Motor carrier identification reports for certain Mexico-domiciled motor carriers.

Link to an amendment published at 78 FR 52653, Aug. 23, 2013.
(a) Applicability. Each motor carrier and intermodal equipment provider must file Form MCS-150, Form MCS-150B or Form MCS-150C with FMCSA as follows:
(1) A U.S.-, Canada-, Mexico-, or non-North America-domiciled motor carrier conductingrequesting operationsauthority into interstateprovide commercetransportation mustof fileproperty aor Motorpassengers Carrierin Identificationinterstate Report,commerce Formbetween MCS-150.
(2)Mexico Aand motorpoints carrier conducting operations in intrastatethe commerceUnited andStates requiringbeyond athe Safetymunicipalities Permitand undercommercial 49zones CFRalong partthe 385,United subpartStates-Mexico Einternational ofborder this chapter must file the Combined Motor Carrier Identification Report and HM Permit Application, Form MCS-150B.
(3)150 Eachwith intermodalFMCSA equipmentas provider that offers intermodal equipment for transportation in interstate commerce must file an Intermodal Equipment Provider Identification Report, Form MCS-150C.follows:
(b) Filing schedule. Each motor carrier or intermodal equipment provider must file the appropriate form under paragraph (a) of this section at the following times:
(1) Before it begins operations; and
(2) Every 24 months, according to the following schedule:
USDOT numberendingNo. ending in
Must file by last day of
1 January.
2 February.
3 March.
4 April.
5 May.
6 June.
7 July.
8 August.
9 September.
0 October.
(3) If the next-to-last digit of its USDOT Number is odd, the motor carrier or intermodal equipment provider shall file its update in every odd-numbered calendar year. If the next-to-last digit of the USDOT Number is even, the motor carrier or intermodal equipment provider shall file its update in every even-numbered calendar year.
(4) A person that fails to complete biennial updates to the information pursuant to paragraph (b)(2) of this section is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as appropriate, and deactivation of its USDOT Number.
(c) Availability of forms. The formsForm describedMCS-150 under paragraph (a) of this section and complete instructions are available from the FMCSA Webwebsite site at httphttps://www.fmcsa.dot.gov (Keyword “MCS-150,” or “MCS-150B,” or “MCS-150C”)/urs; from all FMCSA Service Centers and Division offices nationwide; or by calling 1-800-832-5660.
(d) Where to file. The requiredForm formMCS-150 under paragraph (a) of this section must be filed with the FMCSA Office of Registration and Safety Information. The form may be filed electronically according to the instructions at the Agency's Web sitewebsite, or it may be sent to Federal Motor Carrier Safety Administration, Office of Registration and Safety Information, (MC-RS), 1200 New Jersey Avenue SE., Washington, DC 20590.
(e) Special instructions for for-hire motor carriers. A for-hire motor carrier should submit the Form MCS-150, or Form MCS-150B, along with its application for operating authority (Form OP-1, OP-1(MX), OP-1(NNA) or OP-2), to the appropriate address referenced on that form, or may submit it electronically or by mail separately to the address mentioned in paragraph (d) of this section.
(f) Only the legal name or a single trade name of the motor carrier or intermodal equipment provider may be used on the forms under paragraph (a) of this section (Form MCS-150, MCS-150B, or MCS-150C).
(g)(1) A motor carrier or intermodal equipment provider that fails to file the formForm requiredMCS-150 under paragraph (a) of this section, or furnishes misleading information or makes false statements upon the form, is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B).
(2) A motor carrier that fails to update the Form MCS-150 as required in paragraph (b) will have its USDOT Number deactivated and will be prohibited from conducting transportation.
(h)(1) Upon receipt and processing of the form described in paragraph (a) of this section, FMCSA will issue the motor carrier or intermodal equipment provider an identification number (USDOT Number).
(2) The following applicants must additionally pass a pre-authorization safety audit as described below before being issued a USDOT Number:
(i) A Mexico-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce between Mexico and points in the United States beyond the municipalities and commercial zones along the United States-Mexico international border must pass the pre-authorization safety audit under §  365.507 of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in § 365.115 of this subchapter or—if a protest is received—after FMCSA denies or rejects the protest.
(ii) A non-North America-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce within the United States must pass the pre-authorization safety audit under § 385.607(c) of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in § 365.115 of this subchapterchapter or—if a protest is received—-after FMCSA denies or rejects the protest.
(3) The motor carrier must display the numberUSDOT Number on each self-propelled CMV, as defined in §  390.5, along with the additional information required by §  390.21.
(4) The intermodal equipment provider must identify each unit of interchanged intermodal equipment by its assigned USDOT number.
(i) A motor carrier that registers its vehicles in a State that participates in the Performance and Registration Information Systems Management (PRISM) program (authorized under section 4004 of the Transportation Equity Act for the 21st Century [(Public80 Law 105-178, 112 Stat. 107]) is exempt from the requirements of this section, provided it files all the required information with the appropriate State office.
[73 FR 7682163711, DecOct. 1721, 20082015, as amended at 7888 FR 5265380184, AugNov. 2317, 2013; 79 FR 59457, Oct. 2, 20142023]
Effective Date Note:
At 7882 FR 526535316, AugJan. 2317, 20132017, §  390.19 was revisedsuspended, effective OctJan. 2314, 20152017. ForAt the88 convenienceFR of80184, theNov. user17, 2023, the revisedsuspension textwas islifted, set§ forth390.19 aswas follows:amended, and the section was again suspended indefinitely.