Insurance
Filing Requirements
A
common or contract carrier or foreign (Mexican) motor private
carrier or foreign motor carrier transporting regulated or exempt
commodities subject to Subtitle IV, part B, chapter 135 of Title
49 of the United States Code must file with the FMCSA surety
bonds, and certificates of insurance, proof of qualifications
as self–insurer, or other securities or agreements, in
the amounts prescribed in Section 387.303.
Mexico-domiciled carriers operating within a United States/Mexico
border commercial zone, subject to 49 U.S.C. § 13902(c)
and 49 C.F.R. § 368, are not required to file insurance
with the FMCSA, but may meet the minimum financial responsibility
requirements by obtaining insurance coverage, in the required
amounts, for periods of 24 hours or longer, from insurers that
meet the requirements of 49 CFR 387.315. These motor carriers
must have available for inspection in each of its vehicles:
An insurance
company, surety company or financial institution is responsible
for filing insurance on behalf of the carrier on FMCSA's prescribed
form(s) listed below and as provided by 49 CFR 387.313 (link
to URL), Forms and Procedure, prescribes that endorsements for
policies of insurance and surety bonds, certificates of insurance,
applications to qualify as a self–insurer, or for approval
of other securities or agreements, and notices of cancellation
must be in the form prescribed and approved by the FMCSA:
•
BMC-91, Motor Carrier Automobile Bodily Injury and Property
Damage Liability Certificate of Insurance (this form provides
the full security limits, however, the limits are not displayed
on the form).
•
BMC-91X, Motor Carrier Automobile Bodily Injury and Property
Damage Liability Certificate of Insurance (this form is used
for primary or excess, and unlike the BMC-91 the limits are
displayed).
• BMC-34, Motor Carrier Cargo Liability (this form is
used for cargo liability).
• BMC-82, Motor Carrier Bodily Injury Liability and Property
Damage Liability Surety Bond Under 49 U.S.C. 13906 (this is
a Surety Bond that is an alternative to filing Bodily Injury
and Property Damage Liability commercial insurance (BMC-91 or
BMC-91X). It also should be noted that the Surety Bond has more
security than the commercial insurance).
• BMC-83, Motor Carrier Cargo Liability Surety Bond Under
49 U.S.C. 13906, (this is a Surety Bond for cargo, it is an
alternative to filing the BMC-34, this too has more security
than the commercial cargo insurance).
• BMC-84, Property Broker’s Surety Bond under 49
U.S.C. 13906, (this is a Property Broker’s Surety Bond
this bond has to come from a surety company).
• BMC-85, Property Broker’s Trust Fund Agreement
under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement,
(this form can be used in lieu of the BMC-84, it should be noted
that the Commercial Enforcement Division can supply this form,
however, it must be filled out by a financial institution and
submitted to FMCSA).
• BMC-32, Endorsement for motor common carrier policies
of insurance for cargo liability, this form should be attached
to the cargo insurance policy given to the motor carrier by
its insurance company. Carriers are not required to file copies
of this form with FMCSA.
• MCS-90, Endorsement for motor carrier policies of insurance
for automobile bodily injury and property damage liability.
This endorsement should be attached to BI&PD insurance policy
given to the motor carrier by its insurance company. Carriers
are not required to file copies of this form with FMCSA
