1. Statutory Authority Under Title 49 U.S.C.
Commercial motor carrier operating authority is established under Title 49 of the United States Code (49 U.S.C. 13902). The statute mandates that any person seeking to provide transportation as a motor carrier must register with the Secretary of Transportation.
To obtain registration, an applicant must demonstrate willingness and ability to comply with safety regulations and financial responsibility mandates.
2. The Application and Protest Period
When a new carrier applies for operating authority via the Unified Registration System (URS), the application undergoes a mandatory 10-day public protest period published in the FMCSA Register before permanent authority can be granted upon filing of insurance.