Reinstate Your Operating Authority and
Recover Losses from FMCSA Revocation
Expert Help to Restore Your Registration
and Recover Lost Income
If FMCSA revoked your operating authority because of an insurance company’s filing mistake or an insurance agent’s breach, you may have a downtime claim. Our team at Eckert & Associates, P.A. helps owner-operators and fleets recover lost income and expenses from the responsible party for the financial damage to your business.
Understanding Why Operating Authority Gets Revoked
Why This Happens and Why It Isn’t Your Fault
Under federal rules, every motor carrier must have proof of liability insurance on file with the Federal Motor Carrier Safety Administration. It’s the insurance company, not the carrier, that electronically files BMC-91/91X to show coverage.
When a carrier switches or renews insurance policies and the insurance agent or insurance company doesn’t update the records or file documents correctly or on time, FMCSA issues a Notice of Revocation and the authority goes down. Loads cancel. Drivers sit. Revenue stops. Contracts are lost.
If your authority was revoked because your insurance agent or insurance company failed to do what they were supposed to do, even when you paid your premiums on time, you may have a claim for your business downtime and related financial losses.
Real-World Results When Insurance Filings Went Wrong
Types of Authority Loss
Involuntary Revocation
Involuntary revocation occurs when FMCSA revokes authority due to:
- Insurance filing failures by your insurance company
- Failure to prepare and forward proper insurance coverage documentation by your insurance agent
- BMC-91/91X filing errors or delays
- Administrative mistakes that trigger automatic action
- Lack of payment or proper documentation by the carrier
Voluntary Surrender
This happens when a motor carrier chooses to surrender their authority. This is different from involuntary situations and doesn't typically involve claims for losses through our firm.
Inactive Status
When authority becomes inactive due to missed updates or lapses, it requires corrective action.
What We RecoverWhen Authority Is Revoked
Downtime and Loss of Use
Lost revenue while you were shut down, calculated from the date of revocation until you’re back to normal operations.
Lost Contracts and Future Revenue
- Lost loads while down and into the future (supported by documentation of current and future losses)
- Lost loads because you look like a brand new carrier
- Dedicated runs that were canceled
Out-of-Pocket Costs
- Reinstatement fee required by FMCSA
- Lost loads and rebooking fees
- Fines and penalties
- Storage costs
- Driver pay while inactive
- Transport to get drivers home from the road
- Transfer of cargo expenses
Business Impact
- Lost and diminished contracts
- Recruiting and retention impact (where provable)
- Other provable business losses tied to the event
- Damage to business reputation
We work with you to calculate all losses. We build a comprehensive demand package aimed at early resolution without litigation. When necessary, we take further action.
Case StudiesReal Recovery Results
Results depend on facts, coverage, acceptance of liability, and proof. These anonymized examples reflect patterns we see for clients whose authority was revoked through no fault of their own.
Regional Fleet: Insurer Filing Error, 20 Days Completely Down
Liability insurance policy properly paid and in force; insurer failed to file proper documentation after renewal. 20-truck fleet lost drivers and contracts. We documented 20 days of shutdown across the fleet using proof of restoration, settlement statements, dispatch logs, and other evidence, then pursued the insurer for substantial downtime and other financial losses.
Owner-Operator: Renewal Transition, 12 Days Down
Old liability insurance policy canceled; new policy properly bound; but insurance company’s BMC-91 filing lagged, triggering automatic FMCSA action. Using load confirmations, broker emails, and bank deposits, we established the trucker’s average daily net income and recovered loss-of-use plus costs.Small Carrier: Clerical Mismatch, 8 Days Down
Insurer transposed MC number on documents; authority went down despite continuous insurance coverage. We proved continuous insurance coverage, pushed for corrected filings, and recovered documented downtime from the insurer.Owner-Operator: Insurance Agent Failed to Forward Payment
Liability insurance policy was paid on time, insurance agent failed to handle the payment properly, insurance company did not know it was paid. Therefore, insurance company did not correctly notify FMCSA, which led to the carrier’s authority being revoked. We filed a claim against the insurance agent’s Errors & Omissions (E&O) insurance company and recovered the lost income from the downtime period.How to Reinstate Your Operating AuthorityStep-by-Step
Understanding the Reinstatement Process
When authority is revoked, you must take specific steps to get back on the road. While rules change, here’s what you generally need to know:
Step 1: Determine Why It Happened
Pull your records from FMCSA to understand whether you experienced:
- Revocation due to insurance filing issues
- Suspension for other compliance matters
- Deactivation of your USDOT number
Check your record via FMCSA portal to see if your authority has been inactive and when the action occurred.
Step 2: Correct the Underlying Issue
Before you can reinstate your operating authority, you must address what caused the problem:
Insurance Filing Issues
- Ensure your insurance company files the correct BMC-91/91X with FMCSA
- Verify the proper amount of liability insurance coverage is active and properly documented
- Confirm your insurance agent has submitted all required insurance documents and payments to the insurance company
Registration Updates
- File the appropriate MCS-150 form if your update is due
- Submit updates via the Unified Registration System
- Update your information every two years or as FMCSA requires
- Consider hiring a compliance company that specializes in trucking
Process Agent Designation
- Ensure your BOC-3 form (designation of process agent) is current
- Verify process agents are properly designated in all states where you operate
Step 3: Submit Your Request
To restore authority, carriers must do the following, plus additional items: Request Online- Access the FMCSA portal
- Submit the MCSA-5889 form with accurate information
- Cannot proceed until underlying issues are resolved
- A reinstatement fee is required
- FMCSA requires this payment before processing your request Provide Additional Information
- Submit all requested documentation promptly to avoid delays
- Submit all requested documentation promptly to avoid delays
Step 4: Wait for Approval
After you submit your request:
- You’ll be notified of the decision
- If approved, your record is updated
- You can verify status on the website
What to Do FirstQuick Checklist
Confirm the Reason
Pull your record and the notice (revoked vs. inactive; effective dates). Save screenshots, print copies.
Secure Insurance Proof
Determine Fault
Document the Shutdown
Capture Your Income
Prior 90+ days of settlement statements and other proof of income in order to calculate daily losses if actual losses can’t be easily shown. Customized calculations are important.
Track Out-of-Pocket Costs
Call Us Early
How Downtime Is Proven in These Cases
We connect three things to prove your claim:
Fault and Responsibility
Evidence the action was from another party’s error:
- Insurance company’s filing failure
- Insurance agent’s clerical mistake on MC number, DOT number, or other documentation.
- Insurance agent’s failure to forward payment to insurance company
- Failure to file or update BOC-3 form or designation of process agents
- Errors in MCS-150 or other registration documents
Causation
Loss of authority stopped your ability to haul:
- Loads were canceled
- Contracts were lost because of the negligence
- You could not operate during the shutdown period
- Causes were outside your control
Damages
Your business’s typical earnings and the shut-down period:
- Lost contracts
- Lost income from incident date through complete restoration
- Hauling patterns and work for drivers back to normal
- Using CPA and other financial analytics and reports
- Settlement statements from before and after
- Clear timelines showing when authority has been inactive
Mitigation Considerations
In many cases, it is impossible to successfully mitigate loss after this type of event. It is helpful to document your attempts to notify your insurance company or agent and prove how you’re keeping the matter moving toward resolution. Be sure to save emails and text messages as proof.
UnderstandingFederal RequirementsWhat FMCSA Requires for Operations
To maintain authority, FMCSA requires (subject to change):
Updates
- Motor carriers must update their information every two years or as required
- Use the appropriate MCS-150 form to ensure your USDOT number stays active
- Updates must be submitted via the Unified Registration System
- Failure to update can lead to deactivation
Insurance Filings
- Proof of continuous financial responsibility through proper insurance filings
- BMC-91/91X must be filed by your insurance company
- Carriers are notified when insurance coverage lapses
Process Agent Designation
- BOC-3 form must be on file with designation of process in all states where you operate
- This ensures you can be served legal documents
Safety Compliance
- Meet FMCSA safety standards and FMCSA requirements
- Maintain DOT number in good standing
- Complete new entrant audit if applicable, complete forms and monitoring requirement
How to Avoid Future Problems
Stay Current
- Pay all insurance invoices timely
- File on time for all required updates via FMCSA portal
- Verify records are updated when you change insurance companies
- Submit your MCS-150 before your update is due to avoid automatic action
Monitor Your Status
- Check your record regularly
- Verify your MC number and USDOT number are active
- Ensure your authority has not become inactive without your knowledge
Work with Reliable Insurance Providers
- Choose insurance companies that reliably file with federal agencies
- Verify your insurance agent understands requirements
- Confirm all insurance filings are submitted on time
Free Consultation
Complimentary review of your notice, insurance policy, proof of insurance payment, and timeline. We’ll explain how the reinstatement process works and whether you have a claim we can handle on your behalf. Then you decide if you’d like to hire us.
Evidence and Valuation
We assemble:
- Proof of insurance coverage and evidence you maintained financial responsibility
- Deadlines missed by insurance company or agent
- Communication with insurer and agent
- Other documents to prove fault
- Income analysis to create an average daily loss throughout the downtime period
Demand and Negotiation
Resolution
Get Help with Your Claim
Tell us what happened and when the loads stopped. We’ll review your documents and outline next steps to pursue your losses and get you rolling again.
We're here to help you
Whether you need help to:
- Restore your authority after involuntary action
- Recover losses from insurance company or agent errors
- Navigate the restoration process
- Calculate and prove your downtime losses
We’re here to help you through the process and recover what you lost.
About Eckert & Associates, P.A.
Since 1988, attorney Kelsea Eckert has led our firm in representing owner-operators, fleets, and motor carriers in property damage and business loss recovery, including claims arising from loss of authority.
We understand:
- Federal registration and requirements
- The restoration process
- Insurance filings and BMC-91/91X requirements
- How to prove losses when authority is revoked
- The impact on your business
Revoked Trucking ClaimsFrequently Asked Questions
Contact FMCSA. Basically, to reinstate your operating authority, you must, at a minimum do the following:
1. Correct the underlying issue (insurance filing, MCS-150 update, etc.)
2. Request restoration online via FMCSA portal
3. Submit the MCSA-5889 form
4. Pay the reinstatement fee
5. Wait for approval
You cannot proceed until all underlying issues are resolved.
Involuntary revocation occurs when FMCSA revokes authority due to administrative failures like insurance filing errors, even when you maintained proper insurance coverage. This is different from voluntary surrender or suspension for safety violations.
The reinstatement process timeline varies and it is recommended to hire an expert to assist with the process. Once you submit your request with the MCSA-5889 form and payment, you’ll be notified of the decision. Processing can take several days to weeks depending on the complexity.
Yes, if based on the facts. If authority was revoked due to someone else’s error (insurance company filing failure, insurance agent mistake), you may be able to recover:
- Lost income during downtime
- Fees paid to restore authority
- Lost contracts
- Out-of-pocket expenses
When authority is revoked, it has been formally canceled and requires a restoration request. When authority has been inactive, it may simply need updating (like filing an overdue MCS-150) but hasn’t been formally revoked. Each situation varies.
The BOC-3 form is your designation of process agent filing. It designates process agents in each state where you operate. If your BOC-3 form lapses, your authority may be affected because you don’t have proper designation of process coverage.
Often, yes, when proof of fault is clear and supported with documentation (e.g., evidence of negligence or breach of contract, long-term contracts lost and provable dedicated runs that were involuntarily canceled).
Consider pursuing the difference between what you were making before versus what you’re making after restoration. This ongoing loss can be part of your claim and we will assist you in calculating this loss.
Voluntary revocation occurs when a motor carrier or intermodal equipment provider chooses to surrender their carrier operating authority. Involuntary revocation happens when FMCSA revokes your operating authority due to compliance failures like insurance filing errors or failure to update FMCSA registration. With involuntary revocation, you may have a claim to recover business losses if the revocation of operating authority was caused by someone else’s mistake.
To request reinstatement online, you must register online via the FMCSA website and access the FMCSA portal. Submit the appropriate MCS-150 series form and motor carrier records change form to file with FMCSA. You cannot request reinstatement until all underlying issues are resolved, including payment of a reinstatement fee. FMCSA will notify you once your authority is reinstated and your operating authority record is updated. You can ask FMCSA questions through their portal if you need help during the process and help you stay compliant. You can also contact our office for a free consultation on next steps.
Common causes of revocation for interstate motor carriers include: failure to maintain proper insurance filings, not updating your FMCSA registration every two years or more as stipulated by the Federal Motor Carrier Safety Administration, lapsed BOC-3 designation of process agents, and new entrant revocation for failing to meet safety standards. FMCSA may also revoke authority if a carrier or intermodal equipment provider fails to file its update in every jurisdiction to update their information. Your authority may be revoked even if you operate across state lines legally but fail to maintain proper FMCSA records.
Whether you can reactivate a DOT number or need full reinstatement depends on your situation. If your operating authority registration simply became inactive due to a missed biennial update, you may be able to reactivate by filing the motor carrier records change form or appropriate MCS-150 series form via the FMCSA website. However, suspension or revocation of operating authority requires submitting a reinstatement request and correcting all underlying issues. FMCSA notifies carriers of their status. It is important to hire expert assistance to manage the process to determine whether you need to reinstate your authority or simply reactivate.