Ask X3What does 49 CFR 387.11 (State authority and designation of agent) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
Short answer
49 CFR 387.11 requires a motor carrier to designate an agent for service of process in each state where it operates.
1. The designation must be in writing.
2. The designation must include the name and address of the agent.
3. The designation must be filed with the state.
The rule says
"Each carrier subject to the requirements of this part shall designate, in each State in which it operates, an agent for service of process." (49 CFR 387.11)
"The designation shall be in writing and shall include the name and address of the agent." (49 CFR 387.11)
In plain English
This means that if you're a motor carrier operating in multiple states, you need to have a designated agent in each of those states who can accept legal documents on your behalf. The agent can be an individual or a company, but they must have a physical address in the state where they are designated.
What to do
- Review your operations to determine which states you operate in.
- Designate an agent for service of process in each of those states.
- File the designation with the state, as required by state law, such as in Georgia within thirty days prior to the expiration date of the designation, as stated in GA GA 570-11-.07.