QuestionQUESTION: I have a hot shot truck that does not have Federal authority. Can we still enter New Mexico and pay at the Port of entry to deliver in New Mexico. Our we have Texas DOT and US DOT numbers only. The trucks gross weight is 26000.
ANSWER: Lisa...Thank you for the question. IF...you're hauling another's property for hire and it is not an exempt commodity, you are required to have an MC# (Authority) assigned. The weight of the truck or truck-trailer combination doesn't matter if the combined GVWR is over 10,000 lbs. That is the threshold for the definition of a Commercial Motor Vehicle (CMV). The scaled weight of the truck (trailer & load & contents) at the Port of Entry, based on the number of miles you'll travel in New Mexico will determine the fee you'll be charged at the Port of Entry. For a rough idea of the fee, I just came across New Mexico on I-40 in a 1 Ton and 3 car hauler at a scaled weight of 20,000 lbs. The mileage for entry at San Jon and exit at Gallup (375 miles) and the fee was $26.25.
Unfortunately, the TX DOT and US DOT do not authorize you to transport interstate for hire without first obtaining the MC# assignment. That's the real hang up here, unless you're hauling an exempt commodity or your own property.
When you arrive at the Port of Entry and cross the scales, you'll almost always be directed to park and bring in your paperwork. By the time you get inside, they'll likely have run your DOT# and know that you do not have authority. In that case they may ask you to show proof of ownership of your cargo, in lieu of a bill of lading. If so and you can't, you're sunk. I don't want to sound like an alarmist, but you could be placed out of service, impounded, and cited for numerous charges including transporting interstate without authority.
The Ports of Entry are different from other state's scale houses in that you can rarely just run by in a small truck or pick up and not be noticed, since all trucks are required to stop. I really don't know what else I can tell you, except it would be illegal and if cited, the fines and consequences can be significant.
I'm sure this isn't what you wanted to hear, but those are the regulations and requirements to transport interstate for compensation. I strongly urge you to get your authority if you plan to transport interstate. The MC# can be obtained on line and there is a fee of $300. You'll also need your insurance company to file the MCS forms for BIPD and cargo insurance. The other key filing is for a process server (form BOC-3). If I can be of any assistance, please just let me know.
Sorry I had to answer this way...// Don
SEMO Motor Transport Service
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QUESTION: I ACTUALLY CALLED THE PORT OF ENTRY IN GALLUP AND WAS TOLD BY THEM THAT HE WOULD NOT HAVE TO HAVE TO AN MC#.
ANSWER: Lisa... I can't imagine the basis for their answer unless they have different information than I do about your particular circumstances and this load. My assumption is that you're hauling someone else's property for compensation, and if that is accurate you'll require an MC#. That is essentially your federal license to transport interstate for hire, One thing to remember, at the Port of Entry you're talking to New Mexico State officials...not necessarily federal DOT enforcement officers, but they still should know the federal regulations too.
Please do me a favor and run through a little exercise at the FMCSA website. It will help you determine, by federal requirements, what you need. It only takes about 5 minutes and will give you a more definitive answer. Go to http://www.fmcsa.dot.gov/registration-licensing/online-registration/onlineregdes
Under "Help Me Register", go click on the "Step by Step Registration Guide" at the bottom of that panel. Just go through and answer the questions accurately and it will give you the results of what you need.
I'd appreciate if you would let me know the results.
Thanks again // Don
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QUESTION: AFTER I GOT YOUR ANSWER I CALLED A DIFFERENT PORT OF ENTRY AND HE SAID AS LONG AS I HAVE A US DOT # THAT I DON'T NEED THE MC #.
I HAVE ACTUALLY WENT TO FMCSA SITE AND WENT THRU THAT PROCESS EARLIER TODAY BECAUSE WE WANT TO CHANGE OUR OUTHORITY TO INTERSTATE FROM INTRASTATE. IT SAYS WE WILL NEED MCS-150(USDOT #) WHICH WE HAVE
MCS-150A (SAFETY CERTIFICATION)
OP-1 (MOTOR PROPERTY CARRIER AUTHORITY
BOC-3
INSURANCE
AnswerLisa...
Thanks for getting back to me. Since you've already run through the little quiz and it said you'd need an OP-1 for authority, that would validate my interpretation that you'll need authority.
I don't know what to tell you about the answers you're receiving from the Ports of Entry personnel. They are mistaken and are giving you misinformation if they tell you that you don't need an MC# to transport other people's property interstate for compensation. Any vehicle or combination of vehicles that has a combined GVWR of 10,001 or more that is used in interstate commerce transporting property for hire is under the US DOT's FMCSA regulations. The exceptions would be for transporting specific exempt commodities. Otherwise, you require the MC# authority assignment to be legal and compliant.
If your combined GVWR is 26,000 lbs or below, you wouldn't need a CDL, but otherwise you're treated the same as any other motor carrier. The FMCSA regulations would be applicable including HOS, Medical Exam, UCR, and etc.
Good luck and I sincerely wish you the best, whatever you decide to do. Let me know if I can be of any assistance with anything.
...Don
