---
kind: "section"
citation: "49 C.F.R. § 365.109"
title: "49"
number: "365.109"
heading: "FMCSA review of the application."
url: "https://uscodex.org/cfr/49/365.109"
---

# §365.109. FMCSA review of the application.

- (a) FMCSA staff will review the application for correctness, completeness, and adequacy of the evidence (the prima facie case).
  - (1) Minor errors will be corrected without notification to the applicant.
  - (2) Materially incomplete applications will be rejected. Applications that are in substantial compliance with these rules may be accepted.
  - (3) All motor carrier applications will be reviewed for consistency with the FMCSA's operational safety fitness policy. Applicants with “Unsatisfactory” safety fitness ratings from DOT will have their applications rejected.
  - (4) FMCSA staff will review completed applications that conform with the FMCSA's safety fitness policy and that are accompanied by evidence of adequate financial responsibility.
  - (5) All applicants must file the appropriate evidence of financial responsibility pursuant to [49 CFR part 387](/cfr/49/part387.md) within 90 days from the date notice of the application is published in the FMCSA Register:
    - (i) **Form BMC-91 or 91X or BMC 82 surety bond—** Bodily injury and property damage (motor property and passenger carriers; and freight forwarders that provide pickup or delivery service directly or by using a local delivery service under their control),
    - (ii) **Form BMC-84—** Surety bond or Form BMC-85—trust fund agreement (property brokers of general commodities and household goods).
    - (iii) **Form BMC-34 or BMC 83 surety bond—** Cargo liability (household goods motor carriers and household goods freight forwarders).
  - (6) Applicants also must submit Form BOC-3—Designation of Agents—Motor Carriers, Brokers and Freight Forwarders—within 90 days from the date notice of the application is published in the FMCSA Register.
  - (7) Applicants seeking to conduct operations for which tariffs are required may not commence such operations until tariffs are in effect.
  - (8) All applications must be completed in English.
- (b) A summary of the application will be published in the FMCSA Register to give notice to the public in case anyone wishes to oppose the application.

## Notes

### Amendments

[59 FR 63728, Dec. 9, 1994, as amended at 60 FR 63981, Dec. 13, 1995; 67 FR 61820, Oct. 2, 2002; 75 FR 35328, June 22, 2010; 81 FR 63704, Oct. 21, 2015]

### Authority

Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87.

### Source

Source: 59 FR 63728, Dec. 9, 1994, unless otherwise noted. Redesignated at 61 FR 54707, Oct. 21, 1996.

### Amendments

[59 FR 63728, Dec. 9, 1994, as amended at 60 FR 63981, Dec. 13, 1995; 67 FR 61820, Oct. 2, 2002; 75 FR 35328, June 22, 2010; 81 FR 63704, Oct. 21, 2015]