Out of Service Authority: A Step-by-Step Guide to Reinstatement

Introduction

Dealing with an out-of-service authority can be a major headache for motor carriers. Whether your authority was voluntarily revoked or involuntarily suspended, understanding the process for reinstatement is crucial to getting back on the road. This guide breaks down the different types of authority revocation, the steps to reinstate your authority, and important considerations to keep in mind. We'll cover everything from filling out the right forms to ensuring you meet all FMCSA requirements. By the end of this post, you'll have a clear roadmap to navigate the reinstatement process and get your operating authority back on track.

Types of Authority Revocation: Voluntary vs. Involuntary

Knowing the type of authority revocation you're dealing with is the first step in the reinstatement process. There are two primary types: voluntary and involuntary.

Voluntary Revocation: Pausing Operations on Your Terms

Voluntary revocation is when you proactively inform the FMCSA that you're temporarily suspending operations. This is often the preferred route if you anticipate a period of inactivity but want to preserve the age of your operating authority.

How to Request Voluntary Revocation:

1. Complete the OCE 46 Form: This is the official "Request for Revocation of Registration" form. [2]
2. Fill Out All Fields: Ensure every section is accurately completed, including your business name, carrier address, and an authorized signature. [2]
3. Submit the Form: Submit the signed document through the official FMCSA website. [2]
4. Processing Time: Voluntary revocations typically take effect within 2-5 days. [2]

Actionable Advice: If you know you'll be temporarily ceasing operations, opting for voluntary revocation can save you time and potential headaches down the road. It demonstrates proactive compliance to the FMCSA.

Involuntary Revocation: When the FMCSA Takes Action

Involuntary revocation occurs when the FMCSA revokes your operating authority due to non-compliance. Common reasons for involuntary revocation include:

• Insurance Policy Lapse: Letting your insurance lapse without a prior voluntary revocation is a frequent cause. [3]
• Failure to Maintain Financial Responsibility: Not meeting the FMCSA's financial responsibility requirements.
• "Imminent Hazard" Designation: Being deemed an immediate safety risk.
• Unsatisfactory Safety Rating: Receiving a final "UNSAT/UNFIT" safety rating. [1]

Actionable Advice: Regularly review your insurance policies and safety ratings to prevent involuntary revocation. Implement a system for tracking renewal dates and addressing any safety concerns promptly.

Reinstating Your Operating Authority: A Step-by-Step Guide

Reinstating your operating authority involves several key steps. Here's a detailed breakdown:

1. Ensure an Active USDOT Number: Your USDOT number must be active with current contact information. [1] The FMCSA won't process reinstatement requests if your USDOT number is inactive or out of service. [1] You can submit an MCS-150 form with your reinstatement request to update your information. [1]

   Actionable Advice: Regularly update your USDOT information through the FMCSA Portal. This ensures you receive important notifications and that your information is always current.

2. Comply with Financial Responsibility Requirements: You must have proper insurance coverage on file with the FMCSA and maintain a Designation of Process Agent (BOC-3 form) on file. [1]

   Actionable Advice: Work with a reputable insurance provider to ensure you have the required coverage. Double-check that your BOC-3 form is up-to-date and accurately reflects your designated process agents.

3. Submit Your Reinstatement Request: You have two options for submitting your request:

   • Online: The fastest method is through your FMCSA Portal account. [1]
   • Paper: Complete and sign the MCSA-5889 form and submit it through the FMCSA's "Ask" website or fax it to 202-366-3477. [1]

   Actionable Advice: Opt for the online submission method through the FMCSA Portal for faster processing. Before submitting, carefully review the MCSA-5889 form to ensure all information is accurate and complete.

4. Pay the Reinstatement Fee: The reinstatement fee is $80.00. [1, 5]

   Actionable Advice: Have your payment method ready when submitting your reinstatement request to avoid delays.

Important Considerations: Avoiding Common Pitfalls

Keep these crucial points in mind throughout the reinstatement process:

• Processing Time: Authority is typically reactivated within a week of application receipt and valid payment. [1] However, paper submissions can take up to 8 weeks for processing. [1]
• "Imminent Hazard" or Unsatisfactory Rating: You cannot request reinstatement if you've been placed out of service due to being an "imminent hazard" or receiving a final unsatisfactory safety rating, with some exceptions for passenger carriers. [1, 5]
• Interstate Commerce: You cannot operate in interstate commerce without an active MC authority. [3]

Actionable Advice: Proactively address any safety concerns or compliance issues to avoid being placed out of service for serious violations. If you're a passenger carrier, familiarize yourself with the specific exceptions that may apply to your situation.

Need Help? Consider a Service Agent

Navigating the FMCSA's regulations and forms can be complex. If you're feeling overwhelmed, consider using a service agent to assist you. These professionals can help you complete the necessary forms correctly and efficiently, saving you time and potential errors. [2, 5]

Actionable Advice: Research and choose a reputable service agent with experience in FMCSA compliance and reinstatement procedures.

Conclusion

Reinstating your out-of-service authority requires a clear understanding of the FMCSA's regulations and a meticulous approach to the required steps. By understanding the different types of revocation, following the reinstatement process outlined above, and paying attention to important considerations, you can navigate this process successfully and get your operating authority back on track.

Call to Action

Have you ever dealt with an out-of-service authority? Share your experiences and tips in the comments below! Subscribe to our blog for more helpful guides on trucking industry compliance and regulations. Don't forget to share this post with other carriers who might find it useful!

Further Reading

• FMCSA - How to Reinstate Operating Authority: https://www.fmcsa.dot.gov/faq/how-do-i-make-my-mcffmx-number-active-request-reinstate-or-reactivate-operating-authority
• FMCSA Portal: https://portal.fmcsa.dot.gov
• FMCSA Insurance Requirements: https://www.fmcsa.dot.gov/registration/insurance-requirements