Federal vs State Trucking Insurance Filings: BMC-91X, MCS-90 and Form E
An insurance filing is a certificate your insurance company sends to a regulator to prove your liability coverage is in force. Interstate for-hire carriers with FMCSA operating authority need a federal filing. Carriers that haul within one state may need a state filing with that state's regulator. Which one applies depends on where your loads start and end, not where your truck is parked.
Side-by-Side Comparison
| Federal Filing (BMC-91X) | State Filing (Form E) | |
|---|---|---|
| Who needs it | For-hire motor carriers that need FMCSA operating authority (an MC number) | Carriers hauling within a single state, where that state requires a filing |
| Filed with | FMCSA | The state agency that regulates intrastate carriers |
| Who files it | The insurance company, normally electronically | The insurance company |
| Form | BMC-91 or BMC-91X certificate of insurance | Form E for liability; Form H for cargo where the state requires it |
| Minimum liability limit | $750,000 for non-hazardous freight in trucks of 10,001 lbs GVWR or more (49 CFR 387.303T(b)(2)) | Set by each state |
| Policy endorsement | MCS-90, attached to the policy and kept at your principal place of business (49 CFR 387.7(d)) | Depends on the state |
| What happens without it | Operating authority is not issued and does not stay in force | The state permit or registration is not issued or is suspended |
Which Is Right for You?
You may need a Federal Filing (BMC-91X) if:
- You haul regulated freight for hire and any load crosses a state line, or is one leg of a shipment that does
- You are applying for MC operating authority with the FMCSA
- A broker or shipper checks your insurance on the FMCSA Licensing and Insurance site before tendering a load
You may need a State Filing (Form E) if:
- Every load you haul starts and ends in the same state, and that state requires a filing
- Your state issues its own intrastate permit or certificate and asks for proof of insurance from your insurer
- You hold interstate authority and your home state also requires its own filing for in-state loads (you then need both)
The Most Common Mistake
Treating the MCS-90 as the federal filing. The MCS-90 is an endorsement attached to your policy, and you keep it at your principal place of business as proof of financial responsibility (49 CFR 387.7(d)). The filing the FMCSA records against your authority is the BMC-91 or BMC-91X certificate, which your insurance company submits. If the certificate is not on file, your authority is not active, even with a paid policy and an MCS-90 in hand.
Frequently Asked Questions
What is a BMC-91X filing?
The BMC-91X is the certificate of insurance an insurer files with the FMCSA to show that a for-hire motor carrier has the required public liability coverage. The BMC-91 certifies the full required limit from one insurer; the BMC-91X can certify the full limit or one layer of it when more than one insurer provides the coverage (49 CFR 387.313T(a)(3)).
Is the MCS-90 a filing?
No. The MCS-90 is an endorsement added to the liability policy. The carrier keeps it at its principal place of business as proof of financial responsibility (49 CFR 387.7(d)). The document filed with the FMCSA is the BMC-91 or BMC-91X.
What is a Form E filing?
Form E is the uniform certificate of liability insurance that many states use for motor carriers they regulate. The insurance company files it with the state agency to show the carrier's liability policy meets that state's requirement. Form H is the matching certificate for cargo insurance in states that require one.
Can I file my own BMC-91X or Form E?
No. Both are filed by the insurance company. Insurers file federal certificates with the FMCSA, normally through its online insurance filing system (49 CFR 387.313T(b), 387.323T), and state forms go from the insurer to the state agency. Your agent requests the filing when the policy is bound, so ask for it by name and confirm it shows on the regulator's record.
How much notice is required to cancel a federal filing?
A federal certificate of insurance cannot be cancelled until 30 days after the FMCSA receives written notice of cancellation, unless it is replaced earlier by another certificate the FMCSA accepts (49 CFR 387.313T(d), (e)). The policy and its MCS-90 endorsement carry a separate 35-day notice between the insurer and the carrier (49 CFR 387.7(b)(1)).
Do I need both a federal and a state filing?
Some carriers do. A carrier with interstate authority that also holds an intrastate permit in its home state can need the federal filing (BMC-91 or BMC-91X) and that state's own filing. Requirements differ by state, so check with the agency that regulates intrastate carriers where you are based.
Still Not Sure Which You Need?
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