1、53 Federal Motor Carrier Safety Administration, DOT 366.6 (3) Three instances of noncompliance with critical regulations in part 396 scoring three points for Factor 4; and (4) Three instances of noncompliance with acute regulations in parts 171 and 397 scoring four and one-half (4.5) points for Fact
2、or 5. Under this example, the carrier will not re-ceive provisional operating authority be-cause it scored three or more points for Fac-tors 2, 4, and 5 and FMCSA determined the carrier had inadequate basic safety manage-ment controls in at least three separate fac-tors. PART 366DESIGNATION OF PROCE
3、SS AGENT Sec. 366.1 Applicability. 366.2 Form of designation. 366.3 Eligible persons. 366.4 Required States. 366.5 Blanket designations. 366.6 Cancellation or change. AUTHORITY: 49 U.S.C. 13303, 13304, and 14704; and 49 CFR 1.73. SOURCE: 55 FR 11197, Mar. 27, 1990, unless otherwise noted. Redesignat
4、ed at 61 FR 54707, Oct. 21, 1996. EDITORIAL NOTE: Nomenclature changes to part 366 appear at 66 FR 49870, Oct. 1, 2001. 366.1 Applicability. These rules, relating to the filing of designations of persons upon whom court process may be served, govern motor carriers and brokers and, as of the moment o
5、f succession, their fidu-ciaries (as defined at 49 CFR 387.319(a). 55 FR 11197, Mar. 27, 1990. Redesignated at 61 FR 54707, Oct. 21, 1996; 62 FR 49940, Sept. 24, 1997 366.2 Form of designation. Designations shall be made on Form BOC3, Designation of Agent for Service of Process. Only one completed c
6、urrent form may be on file. It must include all States for which agent designations are required. One copy must be retained by the carrier or broker at its principal place of business. 366.3 Eligible persons. All persons (as defined at 49 U.S.C. 13102(16) designated must reside or maintain an office
7、 in the State for which they are designated. If a State official is designated, evidence of his willingness to accept service of process must be furnished. 55 FR 11197, Mar. 27, 1990. Redesignated at 61 FR 54707, Oct. 21, 1996; 62 FR 49940, Sept. 24, 1997 366.4 Required States. (a) Motor carriers. E
8、very motor car-rier (of property or passengers) shall make a designation for each State in which it is authorized to operate and for each State traversed during such operations. Every motor carrier (in-cluding private carriers) operating in the United States in the course of transportation between p
9、oints in a for-eign country shall file a designation for each State traversed. (b) Brokers. Every broker shall make a designation for each State in which its offices are located or in which con-tracts will be written. 55 FR 11197, Mar. 27, 1990, as amended at 55 FR 47338, Nov. 13, 1990 366.5 Blanket
10、 designations. Where an association or corporation has filed with the FMCSA a list of process agents for each State, motor carriers may make the required des-ignations by using the following state-ment: Those persons named in the list of process agents on file with the Federal Motor Carrier Safety A
11、dministra-tionby lllllllllllllll llllllllllllllllllllllll(Name of association or corporation) and any subsequently filed revisions thereof, for the States in which this carrier is or may be au-thorized to operate, including States tra-versed during such operations, except those States for which indi
12、vidual designations are named. 366.6 Cancellation or change. A designation may be canceled or changed only by a new designation ex-cept that, where a carrier or broker ceases to be subject to 366.4 in whole or in part for 1 year, designation is no longer required and may be canceled without making a
13、nother designation. 55 FR 11197, Mar. 27, 1990. Redesignated at 61 FR 54707, Oct. 21, 1996; 62 FR 49940, Sept. 24, 1997 VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00063 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
