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ETA - Minimum Levels of Financial Responsibility (Part 387)

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Federal Motor Carrier Safety Administration - Education and Technical Assistance Program


NOTE: Please do not use this guide as a substitute for the Federal Motor Carrier Safety Regulations (FMCSRs). The guide is currently being revised and continues to change as regulations are published, updated, etc. You should consult the FMCSRs, which are updated quarterly online.

Financial responsibility means having insurance policies or surety bonds sufficient to satisfy the minimum public liability requirements. Public liability means liability for bodily injury, property damage, and environmental restoration. Environmental restoration means restitution for the loss, damage, or destruction of natural resources arising out of an accidental discharge of toxic or other environmentally harmful materials or liquids.

Requirements for financial responsibility

Motor carriers of property operating commercial motor vehicles in interstate, foreign, or intrastate commerce, and for-hire carriers of passengers operating in interstate or foreign commerce must have at least the minimum amount of insurance required by law.

(See the Schedule of Limits on the form examples for minimum levels of financial responsibility.)

Proof

The motor carrier must have proof of the minimum level of insurance at the company's principal place of business.

Proof may be shown by any of the following:

  • Endorsements for Motor Carriers policies of insurance for public liability under Sections 29 and 30 of the Motor Carrier Act of 1980 (Form MCS-90) issued by an insurer.
  • Endorsements for Motor Carriers of Passengers policies of insurance for public liability under Section 18 of the Bus Regulatory Reform Act of 1982 (Form MCS-90B*) issued by an insurer.
  • A Motor Carrier Surety Bond for public liability under Section 30 of the Motor Carrier Act of 1980 (Form MCS-82) issued by an insurer.
  • A Motor Carrier of Passengers Surety Bond for public liability under Section 18 of the Bus Regulatory Reform Act of 1982 (Form MCS-82B*) issued by an insurer.
  • A written decision, order or authorization of the Federal Motor Carrier Safety Administration authorizing the motor carrier to self-insure under 49 CFR 387.309.

* Examples of Forms MCS-90, MCS-90B, MCS-82, and MCS-82B are shown on the following pages.

Forms

Motor Carrier Public Liability Surety Bond

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