Does FMCSA offer temporary operating authority?

Who is eligible to obtain temporary authority?

A motor or passenger carrier wishing to apply for temporary operating authority registration authorizing for-hire commercial motor and passenger vehicle operations, while providing direct assistance supporting emergency relief efforts transporting supplies, equipment and persons into or from the zone where the emergency is taking place.

When is temporary authority available?

Applications for temporary authority require a determination that there is, or soon will be, an immediate transportation need that cannot be met by existing motor carrier service.  49 CFR 365.107T(f). Such applications are only entertained in exceptional circumstances, during natural disasters or national emergencies.  49 CFR 365.107T(g).  In most circumstances, the Agency will only entertain applications for temporary authority when an emergency declaration has been issued, consistent with 49 CFR 390.23.

Where can I find information on current emergency declarations?

Go to https://www.fmcsa.dot.gov/emergency for links to current FMCSA emergency declarations. The temporary authority is only active as long as the emergency declaration is in effect. All temporary authorities will be revoked once the emergency declaration expires.

How can a carrier apply for this temporary authority?

• If a carrier does not have a USDOT number, they must apply for one by submitting a signed MCS-150 form (write “Emergency Temporary Authority” at the top) with their OP-1, rather than filing via URS. To access the MCS-150 form, click here. Carriers that are subject to an FMCSA Out of Service Order are not eligible for temporary authority.

• A carrier must file a signed form OP-1 with “Emergency Temporary Authority” written at the top along with the specific Emergency Declaration found at https://www.fmcsa.dot.gov/emergency-declarations by fax/web form rather than online. To access form OP-1, click here. They can submit it by:

  • Web form: https://ask.fmcsa.dot.gov/app/ask (Put “Emergency Temporary Authority” in the subject line of the web form) – This is the fastest option
  • Fax: 202-366-3477 (Put “Emergency Temporary Authority” on the fax cover sheet)
• The application fee has been waived.  
• The carrier must also file proof of insurance and have form BOC-3 (Designation of Process Agent) on file with FMCSA. For more information on insurance requirements click here, and for and BOC-3 requirements, click here.
• Pursuant to 49 CFR 365.107T(g), the carrier is also required to provide a statement on why they need temporary operating authority, appended to Form OP-1 for property carriers, Form OP-1(MX) for Mexican property carriers and, Form OP-1(P) for motor passenger carriers.

How long does it take for temporary authority to be granted?

OP-1 applications for temporary authority should be processed within 48 business hours of receipt. However, the authority will not be granted until the carrier’s evidence of financial responsibility (insurance) and BOC-3 form are on file with FMCSA.

The authority is valid for 120 days or until the emergency declaration expires, whichever comes first.

If a carrier wishes to apply for permanent authority, they need to apply using the same MC/USDOT number granted for the temporary authority. The applicant would be required to pay the $300 fee for permanent operating authority registration, as well. For more information, click here.