LEGAL SERVICES
Legal Services
US DOT Setup
Companies that operate commercial vehicles transporting passengers or hauling cargo in interstate commerce must be registered with the FMCSA and must have a USDOT Number. Also, commercial intrastate hazardous materials carriers who haul types and quantities requiring a safety permit must register for a USDOT Number.
The USDOT Number serves as a unique identifier when collecting and monitoring a company’s safety information acquired during audits, compliance reviews, crash investigations, and inspections.
MC Setup
An MC Number stands for a Motor Carrier number. It is a number that allows carriers to cross State lines and it also allows the government to track freight brokers through their system. The docket number is assigned to motor carriers engaging in interstate or foreign operations. It consists of the prefix and the numbers that are issued sequentially as carriers are registered in the system.
The docket number is found in the Licensing and Insurance (L&I) database of the Federal Motor Carrier Safety Administration (FMCSA). Most numbers are prefixed by “MC”, which stands for ‘motor carrier.’ Other prefixes are “MX” for a motor carrier that is owned or controlled by a citizen of Mexico or a person domiciled in Mexico, and “FF”, for a freight forwarder
EIN Application
Employer Identification Numbers are issued for the purpose of tax administration and are not intended for participation in any other activities (e.g., tax lien auction or sales, lotteries, etc.)
Company Incorporation – LLC Filing
Like corporations, LLCs provide their members protection from liability. This means that members are not personally liable for debts and often court judgments incurred by the LLC. Creditors are foreclosed from seeking the personal assets of the LLCs members. It is a meaningful shield not provided in a sole proprietorship or traditional partnership.
TX DOT
A Texas Department of Transportation (TXDOT) number is a unique identifier issued to commercial vehicle operators by the state of Texas. If you have a TXDOT number, you are required to display the number prominently on your vehicle. A TXDOT number is similar to the U.S. Department Of Transportation (USDOT) number. However, the rules for each differ slightly.
A TXDOT number is required if you operate almost any commercial vehicle in the state of Texas; you don’t have to be hauling passengers or hazardous goods to need a number. In addition to the federal requirements, you are required to register for a TXDOT number if you transport cargo and the gross weight is more than 26,000 pounds, if you transport household goods for money or if the owner of the commercial vehicle is not a U.S. citizen.
BOC-3
A BOC-3 filing (“Designation of Agents for Service of Process”) is a federal filing in the United States that assigns a process agent to accept legal documents on behalf of a transportation or logistics company in each state in which the company is authorized to do business. A BOC-3 filing is often required before a transportation or logistics company is granted authority to operate.
UCR
The UCR (Unified Carrier Registration) is a program that replaced the (SSRS) Single State Registration System. The UCR Program requires individuals and companies that operate commercial motor vehicles in interstate or international commerce to register their business with a participating state and pay an annual fee based on the size of their fleet. This includes ALL carriers – private, exempt, or for hire. Brokers, freight forwarders and leasing companies are also required to register and pay a fee unless they also operate as a motor carrier.
Like SSRS, fees collected from the UCR system will be used by the states to support its safety programs and USDOT officer training. Unlike SSRS, the UCR system increases the number of fee-eligible transportation companies and its owned equipment, but lowers the fee per company.
IFTA Filing
The International Fuel Tax Agreement — also known as IFTA — is a fuel tax collection and sharing agreement for the redistribution of fuel taxes paid by interstate commercial carriers. There are 58 member jurisdictions of IFTA, including 48 American states and 10 Canadian provinces.
By requiring commercial carriers to pay fuel taxes proportionally, according to the miles driven in each state or province, the agreement ensures that each jurisdiction has its fair share of revenue to put towards roads and transportation.
Drug Test Program Enrollment
Motor carriers whose drivers are required to have CDLs must have a drug and alcohol testing program.
Motor carriers operating vehicles requiring a CDL must test drivers and other safety-sensitive employees for illegal substances and alcohol levels at various points of employment:
- Before they are hired (pre-employment screening)
- After an accident
- When there is reasonable suspicion
- At return to duty after a controlled substances or alcohol violation
- Through a random testing process if the carrier has two or more drivers
If the carrier has two or more drivers, a random testing process must be used.
Employers are required to keep detailed records of their alcohol misuse prevention programs and store them in a secured location for the amount of time defined in FMCSR Section 382.401, Records Retention. Motor carriers may self-administer their programs (if they are not owner-operators) or contract it out, such as to a consortium that provides drug-testing services to many carriers. Owner-operators cannot self-administer their programs, and must enroll in a consortium. Guidance for setting up a program for non-owner-operator carriers can be found in FMCSA’s Overview of Drug and Alcohol Rules.
W-9 & 1099 Forms
Forms W-9 are typically used to provide your correct Taxpayer Identification Number (TIN) to the person who is required to file an information return with the IRS to report, for example:
- Income paid to you.
- Real estate transactions.
- Mortgage interest you paid.
- Acquisition or abandonment of secured property.
- Cancellation of debt.
- Contributions you made to an IRA.
1099-MISC
You will only need to fill a 1099-MISC for each person to whom you have paid during the year If:
- At least $10 in royalties or broker payments in lieu of dividends or tax-exempt interest.
- At least $600 in:
- Rents.
- Services performed by someone who is not your employee.
- Prizes and awards.
- Other income payments.
- Medical and health care payments.
- Crop insurance proceeds.
- Cash payments for fish (or other aquatic life) you purchase from anyone engaged in the trade or business of catching fish.
- Generally, the cash paid from a notional principal contract to an individual, partnership, or estate.
- Payments to an attorney.
- Any fishing boat proceeds.
Road Tax – Form 2290
Form 2290. Heavy Highway Vehicle Use Tax Return or Form 2290 is a Federal Excise Tax imposed on vehicles operating in public highways with a gross weight of 55,000 pounds or more. Taxes are collected annually and are used for highway construction and maintenance.
Company Contracts
We assist with creation and implementation of company legal forms that allows you to create business sustainability through consistence. Also, these various forms will protect your interests in case of an incident involving a legal process.