GlossaryRegulatory and compliance

What Is Operating Authority in Auto Transport?

An MC number on a website doesn't mean the company's actually cleared to do business. Operating authority is the federal registration a business must hold to lawfully provide transportation, as a motor carrier, freight forwarder, or broker.

49 U.S.C. 13901(a) names those three categories and bars anyone from providing those services without registering first. A company that books your shipment and hauls it needs the motor carrier registration in 49 U.S.C. 13902; a company that books your shipment and assigns it to someone else's truck needs the broker registration in 49 U.S.C. 13904. This is a status the Secretary of Transportation grants and can later change, not a credential a business earns once and keeps forever.

Also called
motor carrier authority, active authority, FMCSA operating authority
Sources
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A transport coordinator reviewing carrier operating records beside an auto hauler. Illustration of verifying operating authority before assigning a motor carrier.

Why operating authority matters when you ship a car

Operating authority matters when your car ships because it is the legal basis that lets a company arrange or perform the transportation in the first place, not a formality layered on top of a completed booking. 49 U.S.C. 13902(e) gives the Secretary of Transportation the power to issue an out-of-service order against a motor carrier found operating without the registration Chapter 139 requires, or operating beyond what that registration covers. If a company never tells you which registration it holds, or just describes itself as "licensed and insured," its registered category hasn't been named yet.

The three categories of operating authority

Operating authority splits into three registrable categories, and a business holds only the ones it's separately registered for. 49 U.S.C. 13901(a) requires separate registration for motor carrier, freight forwarder, and broker service, and 49 U.S.C. 13904(d) states that a broker's registration doesn't by itself cover operating as a motor carrier. The two applications a car shipping company is likely to file test completely different things.

CategoryFederal sectionWhat the Secretary must find before registering
Motor carrier49 U.S.C. 13902(a)Willing and able to comply with applicable safety regulations, minimum financial responsibility requirements, and the requirement to obtain a USDOT number
Freight forwarder49 U.S.C. 13901(a)Registration to provide freight-forwarding service, a category car shipping companies do not need
Broker49 U.S.C. 13904(a)-(c)Sufficient experience, a fit-willing-and-able determination, and an officer with at least three years of relevant experience or documented equivalent knowledge

A single company can hold more than one of these registrations, but each one is granted on its own conditions. Confirming a company holds motor carrier authority tells you nothing about whether it also holds broker authority, and confirming either tells you nothing about the other. A motor carrier registration also requires the USDOT number named in 13902(a), a separate identifier from either registration's own number.

Operating authority vs the MC number

Operating authority is a status, and an MC number is a fixed identifier assigned when that status is first granted, so the two don't always change together. 49 U.S.C. 13902 and 49 U.S.C. 13904 govern how the underlying carrier or broker registration is granted, and the identifying number issued at that point is what you usually see written as an MC number. 49 U.S.C. 13905(d) separately lets the Secretary suspend, amend, or revoke the registration itself, on the registrant's own request or, after notice and an opportunity for a proceeding, for grounds that include willful failure to comply with applicable regulations or with the conditions of the registration.

Operating authorityMC number
What it isThe granted legal status to provide transportation as a carrier, freight forwarder, or brokerThe identifying number assigned to that registration once granted
Created by49 U.S.C. 13901, 13902, 13904Assigned when a carrier or broker registration under 13902 or 13904 is granted
Can change on its ownYes, suspended, amended, or revoked under 49 U.S.C. 13905(d)The number itself is not what the statute describes as changing
What "active" describesThe current status of the registrationNot a status the number carries by itself

Revoking or suspending a registration under 13905(d) doesn't delete or reassign the number tied to it. A number that once matched a granted registration can keep appearing in records and on paperwork after the authority behind it has changed.

What "active" and "revoked" mean for operating authority

An operating authority described as active is a registration currently in effect; one described as revoked is a registration the Secretary has ended under 49 U.S.C. 13905(d). 49 U.S.C. 13905(c) sets the registration's effective period by regulation, and for freight forwarders and brokers ties continued registration to a renewal cycle the statute caps at five years per renewal. 49 U.S.C. 13905(d) allows the Secretary to suspend, amend, or revoke a registration on the registrant's own request, or, after notice and an opportunity for a proceeding, on a complaint or the Secretary's own initiative, for grounds including willful failure to comply with regulations, orders, or the conditions attached to the registration.

Because the statute describes a defined process rather than an automatic clock, a registration that's lapsed on renewal or sits inside a pending proceeding can occupy a status other than a clean active or a formally revoked one. Nothing requires a company's marketing materials to volunteer a middle-ground status like that.

Frequently asked questions about operating authority

Does having an MC number mean a company's operating authority is active?
Not by itself. An MC number is the identifying number assigned when a registration is granted, and 49 U.S.C. 13905(d) lets that registration later be suspended, amended, or revoked without the number changing.
What are the three categories of operating authority?
Motor carrier, freight forwarder, and broker. 49 U.S.C. 13901(a) requires separate registration for each, and 49 U.S.C. 13904(d) confirms that a broker's registration doesn't cover operating as a motor carrier.
Who decides whether to suspend or revoke an operating authority?
The Secretary of Transportation, under 49 U.S.C. 13905(d), acting on the registrant's own request or, after notice and an opportunity for a proceeding, on a complaint or the Secretary's own initiative.
Do a carrier's and a broker's registrations require the same conditions?
No. 49 U.S.C. 13902(a) ties motor carrier registration to safety fitness and minimum financial responsibility. 49 U.S.C. 13904(a) ties broker registration to relevant experience and a fit-willing-and-able determination.
Does operating authority expire on one fixed date, like a driver's license?
Not on a single fixed date for every registration. 49 U.S.C. 13905(c) sets the effective period by regulation and, for freight forwarders and brokers, ties continuation to a renewal cycle rather than a one-time grant.

Sources and last checked

  1. Supports

    A person may provide transportation as a motor carrier, service as a freight forwarder, or service as a broker only if registered under this chapter to provide that transportation or service, naming three registrable categories.

    Cornell Law School, Legal Information Institute — 49 U.S.C. 13901 - General requirement

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  2. Supports

    Before registering a person as a motor carrier, the Secretary must find the applicant willing and able to comply with applicable safety regulations, minimum financial responsibility requirements, and the requirement to obtain a USDOT number, among other conditions. Failure to register properly, or operating beyond the scope of a registration, can lead to an out-of-service order.

    Cornell Law School, Legal Information Institute — 49 U.S.C. 13902 - Registration of motor carriers

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  3. Supports

    The Secretary registers a person as a broker only after finding sufficient experience and a fit, willing and able determination. A broker registration stays in effect only while the broker complies with the bond or trust fund requirement in section 13906(b), and each broker must employ an officer with at least three years of relevant experience or documented equivalent knowledge. A broker's registration does not by itself cover operating as a motor carrier.

    Cornell Law School, Legal Information Institute — 49 U.S.C. 13904 - Registration of brokers

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  4. Supports

    The effective period of a registration is set by the Secretary by regulation; for freight forwarders and brokers, continued registration runs on a renewal cycle capped at five years per renewal. The Secretary may amend or revoke a registration on the registrant's own request, and may suspend, amend or revoke a registration after notice and an opportunity for a proceeding, on grounds including willful failure to comply with applicable regulations, orders or the conditions of the registration, or failure to disclose material facts or certain carrier relationships.

    Cornell Law School, Legal Information Institute — 49 U.S.C. 13905 - Effective periods of registration

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