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Freight Broker Authority

FMCSA freight broker authority requirements: MC docket number, $75,000 surety bond (BMC-84) or trust fund (BMC-85) under 49 CFR 387.307(a), BOC-3 designation, and UCR registration.

Quick Answer

Freight broker operating authority requires an MC docket number, BOC-3 process agent filing, a surety bond of at least $75,000 (BMC-84) or a trust fund agreement (BMC-85), and UCR registration — without active FMCSA broker authority, arranging for-hire interstate transportation as a middleman is not permitted.

Authority and registration topics often connect to BOC-3, UCR, and new-authority sequencing. New Authority Checklist, BOC-3, UCR.

Who This Applies To

  • New businesses planning to operate as freight brokers who need to understand what FMCSA freight broker authority requires.
  • Motor carriers who want to expand into brokerage operations and need broker authority in addition to existing carrier authority.
  • Operations managers at brokerage companies confirming that all FMCSA registration elements are complete and current.
  • Businesses that have been arranging freight without formal broker authority and are getting into compliance.

What To Verify

  • That FMCSA freight broker authority requires all three of: (1) a completed operating authority application through the URS, (2) a surety bond (BMC-84, minimum $75,000) or trust fund agreement (BMC-85), and (3) a BOC-3 process agent filing. All three must be in SAFER before authority activates.
  • That the surety bond must remain continuously active after broker authority activates. A bond cancellation or lapse deactivates authority — the surety company typically notifies FMCSA in advance of cancellation.
  • That BOC-3 for freight broker authority must appear in SAFER under the broker MC docket number specifically.
  • Whether a carrier holding both carrier and broker authority has both covered by the same BOC-3 or whether separate filings are needed for each docket. Confirm with the registered process agent.

Step-by-Step Overview

  1. Apply for freight broker authority through the FMCSA Unified Registration System and note the MC (broker) docket number from the approval notice.
  2. Engage a registered process agent immediately after approval and provide the broker MC docket number for BOC-3 filing.
  3. Engage a surety company for the BMC-84 surety bond or establish a BMC-85 trust fund. The surety company files the bond directly with FMCSA — not the broker.
  4. Check SAFER after both BOC-3 and the bond are filed to confirm both appear under the broker MC docket.
  5. After the 10-day protest period and with both filings confirmed in SAFER, begin brokerage operations.

Common Mistakes

  • Assuming the surety bond alone activates broker authority. BOC-3 must also be filed and appear in SAFER before authority activates.
  • Not monitoring the surety bond's expiration or cancellation date. A bond that lapses causes authority to deactivate — the broker may not be notified before this happens.
  • Operating as a freight broker using a carrier MC number. Carrier authority does not include broker authority — brokering loads without broker authority is a federal violation.
  • Choosing a surety company without confirming the bond will be filed directly with FMCSA. The bond filing — not just the bond issuance — is what activates broker authority.

Official Sources

Related Pages

New Authority Checklist

A practical checklist for newly formed trucking authorities, including USDOT, operating authority, BOC-3, UCR, and records.

BOC-3 Guide

BOC-3 process agent filing: who must file, why only registered blanket agents can submit the form, and why authority cannot activate without it on file with FMCSA.

UCR Guide

Who must register under UCR annually, how fleet size determines the fee bracket, and why registering for the wrong year is the most common compliance gap.

FAQ

What is the minimum surety bond required for freight broker authority?

As of the MAP-21 legislation, freight brokers and freight forwarders must maintain a surety bond (BMC-84) or trust fund agreement (BMC-85) of at least $75,000. This amount has been set by regulation — verify the current required amount with FMCSA since regulatory minimums can change.

What is the minimum surety bond for a freight broker and where does the requirement come from?

The minimum is $75,000 under 49 CFR 387.307(a). The bond is filed using Form BMC-84 through a registered surety company, or the equivalent trust fund via BMC-85. The filing must appear confirmed in FMCSA SAFER before broker authority activates — a receipt from the surety company is not proof of SAFER confirmation.

Can a freight broker operate under the same MC number as its affiliated carrier?

No. Broker authority and carrier authority are separate designations with separate MC numbers. A licensed carrier that arranges transportation for others must obtain broker authority under a separate MC number. Using carrier authority to broker loads without a separate broker MC number violates FMCSA regulations.