The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucking operations on the federal level. This federal organization can list a trucking carrier as authorized, not authorized, or out-of-service. This designation impacts how they can or cannot lawfully transport goods or passengers.
Contact our Albuquerque truck accident lawyers if you need help with a truck accident claim.
What Does Not Authorized Mean?
The FMCSA may list an operating authority status on Safety and Fitness Electronic Records (SAFER) as “Not Authorized.” This information is linked to the carrier’s USDOT Number. When it includes a not-authorized notation, this means that the entity does not have any operating authority or is not authorized to engage in interstate, for-hire operations.
If you are involved in an accident with a truck in a not authorized status, your attorney may be able to argue that the truck driver or trucking company was negligent per se, meaning that they were in violation of a law that was intended to protect someone in your position and should be held responsible for compensating you. This can eliminate the need to prove how the truck driver was otherwise negligent.
Authorized and Out-of-Service Statuses
If a truck is listed as “authorized,” it also lists what the carrier is allowed to operate, such as passenger, property, or household goods.
The other status is out-of-service, which means that the carrier is under some type of out-of-service order and is not currently authorized to operate.
Broker Authorities
In some cases, trucking companies may use independent brokers to perform their transport duties. A broker authority works for an individual, partnership, or corporation, arranging the transportation of belongings to others.
The different types of broker authorities and the requirements to obtain them include the following:
- Broker of property/freight: This type of broker transports others’ belongings, excluding household goods by using an authorized motor carrier. An MC number is assigned. Then, the broker must complete the BMC-85 form, which is a surety bond or trust fund agreement of $75,000.
- Broker of household goods: This type of broker exclusively transports household oods. They must complete BMC-84 form and obtain a surety bond or trust fund agreement of $75,000.
Both types of brokers must also complete the BOC-3 form, which designates the process agent for the broker to receive notice of a legal action.
Brokers do not assume responsibility for the property and don’t take possession, so most truck accident cases involving such designees would likely be filed directly against the trucking company or the individual who hired the broker.
Contact Our Albuquerque Truck Accident Lawyers for Help with Your Truck Accident Case
Whether you were injured in an accident involving an authorized or unauthorized carrier, the dedicated legal team at Caruso Law Offices, P.C. can help. We can carefuly investigate your case, determine who is legally responsible for your injuries, and fight for the maximum compensation that you deserve. Contact our Albuquerque truck accident lawyers today at (505) 384-7865 to arrange a free consultation.