The MCS-90 is a federal endorsement on a for-hire truck's auto liability policy that makes the insurer pay a final judgment for injury or property damage to the public, up to the federal minimum ($750,000 for general freight), even when the policy itself would not cover the loss. It protects the public, not the trucking company: if the insurer pays only because of the MCS-90, the carrier agrees to pay the insurer back. It adds no coverage and no limits.
What is the MCS-90 endorsement?
The full name is "Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980." It is a page added to your auto liability policy, not a separate policy. The FMCSA sets its wording, and the endorsement must be issued in the exact legal name of the motor carrier (49 CFR 387.15).
Federal rules say no motor carrier may operate a truck until it has the minimum financial responsibility in effect (49 CFR 387.7(a)). The MCS-90 is the usual proof of that insurance. A surety bond on Form MCS-82, or FMCSA approval to self-insure, are the other two ways (49 CFR 387.7(d)).
Who needs an MCS-90?
- For-hire carriers hauling property across state lines in a vehicle with a gross vehicle weight rating (GVWR) of 10,001 pounds or more (49 CFR 387.3(a) and 387.3(c)(1)).
- Any carrier hauling hazardous materials in a vehicle of 10,001 pounds GVWR or more, for-hire or private, in interstate commerce, and in intrastate commerce when the load is in bulk or is a highway route controlled quantity of Class 7 material (49 CFR 387.3(b), 387.3(c)(2) and 387.9).
- Some vehicles under 10,001 pounds GVWR when they carry certain high-hazard materials, such as Division 1.1 to 1.3 explosives or highway route controlled quantities of Class 7 radioactive material (49 CFR 387.3(c)(1)).
It does not apply to a private carrier hauling its own non-hazardous goods, to a vehicle under 10,001 pounds GVWR hauling general freight, or to non-hazardous freight that never crosses a state line. Your state may still set its own insurance rules for those trucks.
A leased owner-operator who runs only under another carrier's authority is covered by that carrier's policy and endorsement. If you also run loads under your own authority, you need your own policy with its own MCS-90.
Federal minimum limits the MCS-90 is tied to
These are the public liability minimums in 49 CFR 387.9, Table 1, for vehicles of 10,001 pounds GVWR or more:
| What you haul | Type of carrier | Federal minimum |
|---|---|---|
| Non-hazardous property (general freight) | For-hire, interstate | $750,000 |
| Oil, and hazardous materials not listed in the $5,000,000 row | For-hire and private | $1,000,000 |
| Certain bulk hazardous materials (for example, bulk hazardous substances in cargo tanks, bulk Division 1.1 to 1.3, Division 2.3 Hazard Zone A) | For-hire and private | $5,000,000 |
Most brokers and shippers ask for $1,000,000 of auto liability even on general freight. That is a contract requirement, not the federal minimum. The MCS-90 obligation stays at the federal minimum; any limit above it is governed by the policy itself.
What the MCS-90 does
If someone is hurt or their property is damaged by your truck and a court enters a final judgment against you, the insurer pays that judgment up to the federal minimum, even if the policy would otherwise exclude the loss. Common examples:
- The truck was not listed on the policy.
- The driver was not listed, or broke a policy condition.
- The insurer would otherwise deny the claim under a policy exclusion.
What the MCS-90 does not do
It does not protect you from paying the insurer back
The endorsement says the insured agrees to reimburse the insurer for any payment it would not have had to make except for the endorsement. An unlisted truck or driver is not a free pass. If the policy would not have covered the loss, the insurer can bill your company for what it paid. List every truck and every driver.
It does not add limits
The MCS-90 works inside your auto liability policy, up to the federal minimum for what you haul. It does not stack on top of your limit.
It does not cover your truck or your freight
Damage to your own truck is physical damage coverage. Loss of or damage to the load is motor truck cargo coverage; see what cargo insurance pays.
MCS-90 vs. BMC-91X: the endorsement and the filing
These two are often confused. The MCS-90 is the endorsement on your policy and the proof you keep. The BMC-91 or BMC-91X is the certificate your insurer files with the FMCSA to show your public liability coverage, which is what keeps your operating authority active (49 CFR 387.313(a)(3)). New authority will not go active until the insurer's BMC-91X filing is accepted; see insurance for new authority.
When a policy cancels, the filing is not withdrawn until 30 days after the insurer submits a Form BMC-35 cancellation notice to the FMCSA (49 CFR 387.313(d)). Get the replacement insurer's filing accepted before that date so the authority never shows without insurance. The policy and endorsement themselves stay in effect until cancelled with 35 days' written notice from either side, unless a replacement policy takes effect sooner (49 CFR 387.7(b)(1) and 387.7(c)).
Where to keep the MCS-90
Keep a copy at your principal place of business (49 CFR 387.7(d)). It is public information: you must show it when a member of the public reasonably asks (49 CFR 387.7(e)(1)).
How Full Coverage handles it
When we place auto liability for an interstate carrier, we confirm the policy carries the MCS-90 in the exact legal name on your USDOT record, that the insurer has sent the BMC-91X filing, and that the filing shows on your FMCSA record before you dispatch a load. Start a quote or call 317-427-5599.
Frequently asked questions about the MCS-90
Does the MCS-90 cost extra?
No, it is not sold as a separate coverage. It is attached to the auto liability policy of a carrier that needs it: for-hire carriers crossing state lines and carriers hauling hazardous materials.
Is the MCS-90 the same as the BMC-91X?
No. The MCS-90 is the endorsement on your policy. The BMC-91X is the certificate your insurer files with the FMCSA so your operating authority stays active (49 CFR 387.313(a)(3)).
Does the MCS-90 cover an unlisted truck or driver?
It pays the injured public up to the federal minimum, but your company agrees to pay the insurer back for any amount the policy would not have covered. List every truck and driver.
Do I need an MCS-90 if I only drive in one state?
Not for non-hazardous freight that is truly intrastate. Careful: a truck that never leaves your state is still in interstate commerce when the load started or will end in another state, such as port drayage (49 CFR 390.5). It is still required for bulk hazardous materials in intrastate commerce (49 CFR 387.3(b) and 387.3(c)(2)), and your state may have its own filing rules.
What is the MCS-90B?
The MCS-90B is the version for passenger carriers, such as bus companies (49 CFR 387.39). Property carriers use the MCS-90.
How much does the MCS-90 make the insurer pay?
Up to the federal minimum for what you haul: $750,000 for general freight, $1,000,000 for oil and most hazardous materials, and $5,000,000 for certain bulk hazardous materials (49 CFR 387.9).