What Is an MCS-90 and Do You Need One?
The MCS-90 guarantees the FMCSA that accidents involving the public get paid up to the federal minimum. Who needs it, the minimum limits, and the catch.
The MCS-90 is a federal endorsement attached to your trucking liability policy. It guarantees the FMCSA that, no matter what your policy says, your insurer will pay for accidents involving the public up to the federal minimum. It is one of the most misunderstood pieces of paper in trucking, so here is what it does in plain English.
What the MCS-90 Actually Does
It is a public safety net, not coverage for you. If a crash would otherwise go unpaid because of a lapse or an exclusion, the MCS-90 makes your insurer pay the injured public up to the federal minimum. The insurer can then collect that money back from you.
Who Needs One?
Under 49 CFR 387.3, the federal financial responsibility rules apply to:
- For-hire motor carriers hauling property in interstate or foreign commerce in vehicles with a gross vehicle weight rating of 10,001 pounds or more
- Carriers transporting hazardous materials, hazardous substances, or hazardous wastes, including private carriers and, for bulk loads, carriers operating within one state
- Some lighter vehicles under 10,001 pounds when they carry certain explosives or radioactive materials
Federal Minimum Limits
The minimums in 49 CFR 387.9 depend on what you haul:
- Non-hazardous property, for-hire, interstate: $750,000
- Oil and certain listed hazardous materials: $1,000,000
- Certain higher-risk hazardous materials, such as some explosives, poison gases, and radioactive materials: $5,000,000
These are legal minimums. Most shippers and brokers require at least $1,000,000 in auto liability before they will give you a load, even when the federal minimum is $750,000.
The Catch
If your insurer pays a claim only because of the MCS-90, you owe the insurer that money back. The MCS-90 protects the public, not you.
That is why the MCS-90 is not a substitute for real coverage. You still need primary liability that pays covered claims without reimbursement.
How Do You Get One Filed?
The MCS-90 is issued with your primary auto liability policy. Your insurer also makes the liability filing with the FMCSA so your operating authority can go active. When ProRisk binds your coverage, we handle the filings with the carrier.