What is MCS-90?
An MCS-90 is an endorsement your insurer attaches to your trucking liability policy to meet the federal financial responsibility rules in 49 CFR Part 387. In it the insurer promises to pay any final judgment against you for public liability (bodily injury, property damage and environmental restoration) up to the limit shown, even where the policy itself would not have covered the loss, and you promise to pay the insurer back for anything it paid only because of the endorsement. It is not a filing with FMCSA, it does not cover your cargo or injury to your own employees, and it stays in force until cancelled on 35 days' written notice.
Updated . Written by Andre Beukers, principal at Redoubt, a commercial insurance agency in Salt Lake City, not a government office.
What does the MCS-90 endorsement actually do?
It makes the insurer answer to the public for the vehicles the federal rules reach. The endorsement says the insurer "agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy." A vehicle subject to those requirements is inside that promise whether or not it is listed on the policy, up to the limit on the endorsement.
Public liability has a fixed meaning here. 49 CFR 387.5 defines it as "liability for bodily injury or property damage and includes liability for environmental restoration." The promise covers final judgments recovered against you for those three things.
Policy conditions cannot take the promise back. The endorsement says no "condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured." Within the limits shown, a breached condition or your own insolvency or bankruptcy does not relieve the insurer of a judgment the endorsement covers. The wording is fixed: 387.15 says endorsements "must be in the form prescribed by the FMCSA and approved by the OMB," and "The endorsement and surety bond shall be issued in the exact name of the motor carrier."
Who needs an MCS-90 endorsement?
A motor carrier whose vehicles are subject to the federal financial responsibility rules, since those are the vehicles the form's promise reaches. FMCSA's filing chart lists, for "All For-Hire and Interstate Motor Carriers," the "MCS-90 Endorsement for Policies of Insurance; or MCS-82 Endorsement for Surety Bonds." The amount it guarantees comes from 49 CFR 387.9, which sets $750,000 for a for-hire carrier of nonhazardous property in interstate or foreign commerce in a vehicle of 10,001 lb GVWR or more, with higher tiers for oil and hazardous materials.
Under 10,001 lb, FMCSA's chart still prints $300,000 of liability for a for-hire carrier of nonhazardous property, filed on a "BMC-91, or BMC-91X, or BMC-82"; that figure comes from 49 CFR 387.303(b)(1)(i), which eCFR marks "again suspended indefinitely" while FMCSA's page keeps printing it, so ask the insurer which endorsement goes on a light-vehicle policy.
Utah names its own holders. UDOT's rule R909-1-4 requires interstate and intrastate carriers of oil and hazardous materials, for-hire and private, to have a "$1,000,000 minimum level of financial responsibility, and an MCS-90 endorsement maintained at the principal place of business"; the rule states no figure for intrastate for-hire carriers of general freight, so their minimum, and whether they need the endorsement, is an open question. R909-19-5 says tow truck carriers "performing consent or non-consent tows are required to obtain an MCS-90 endorsement for environmental restoration."
Is the MCS-90 filed with FMCSA, or is that the BMC-91?
The insurer's filing goes to FMCSA; the MCS-90 stays on the policy. FMCSA's insurance filing page says that once an entity applies for operating authority, "a financial responsibility provider must file the appropriate insurance form(s) on behalf of the applicant," and that FMCSA "will not grant operating authority registration until the registrant has in effect the minimum levels of financial responsibility on file with FMCSA." For a for-hire property carrier, the page's chart lists those forms as "BMC-91, or BMC-91X, or BMC-82."
The endorsement is kept, not filed. 387.7(d) says "Proof of the required financial responsibility shall be maintained at the motor carrier's principal place of business," and lists among the forms that proof can take the Form MCS-90 "issued by an insurer(s)." FMCSA's form page adds that the endorsement "is not issued for individual vehicles. Instead, it is attached to the motor carrier’s liability insurance policy and applies to all vehicles operated under that policy which are subject to the federal financial responsibility requirements."
Progressive Commercial describes its own filings the same way: "The MCS-90 is not filed with the Federal Motor Carrier Safety Administration (FMCSA). The BMC-91X filing is submitted to the FMCSA as certification that the MCS-90 endorsement has been issued." So when a broker or a lender asks for "your MCS-90," send the endorsement page from the policy; 387.7(e)(1) says the proof "shall be considered public information and be produced for review upon reasonable request by a member of the public." When FMCSA shows no insurance on file, the question is whether the insurer has made its filing, not whether the endorsement exists.
What does the MCS-90 not cover?
Two things, by its own words. The endorsement says the insurance it affords "does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo." Injury to your own employees on the job and the freight you haul are outside the endorsement.
It also leaves your own deal with the insurer as written. The form says "all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company," and then: "The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement." The endorsement protects the person holding a judgment against you; it does not widen your own coverage. If the insurer pays a judgment on an unscheduled truck only because the MCS-90 required it, you have agreed to pay that money back.
Progressive Commercial's filings page gets the scope wrong. It says "An MCS-90 is an endorsement that must be attached to Liability insurance and Cargo Liability insurance policies if you are required to have a federal filing." The form's own text, quoted above, excludes cargo; FMCSA's form page says the endorsement is attached to the motor carrier's liability insurance policy; and FMCSA's filing chart prints a cargo requirement of $0 for a for-hire carrier of nonhazardous property at 10,001 lb GVWR and up. The MCS-90 belongs on the liability policy, not on a cargo policy.
Does an MCS-90 expire, and how is it cancelled?
It does not expire with the policy term. 387.7(b)(1) says "Policies of insurance, surety bonds, and endorsements required under this section shall remain in effect continuously until terminated. Cancellation may be effected by the insurer or the insured motor carrier giving 35 days' notice in writing to the other. The 35 days' notice shall commence to run from the date the notice is transmitted."
The endorsement sets the same clock and adds FMCSA. Either the company or the insured may cancel by giving "thirty-five (35) days notice in writing to the other party," counted from the date the notice is mailed, and, "if the insured is subject to the FMCSA's jurisdiction," by also giving FMCSA thirty days' notice, counted from the date FMCSA receives it.
A replacement policy can end the old insurer's exposure sooner. 387.7(c) says "The liability of the retiring insurer or surety, as to events after the termination date, shall be considered as having terminated on the effective date of the replacement policy of insurance or surety bond or at the end of the 35 day cancellation period required in paragraph (b) of this section, whichever is sooner." The dates to check on any cancellation are the date the notice went out and the effective date of any replacement policy. Keep the endorsement page with the policy at your principal place of business, where 387.7(d) says proof is kept.
What to send when someone asks for your MCS-90
Send what lets the person asking match the endorsement to the policy and to FMCSA's record.
- 1.The MCS-90 endorsement page itself, with the policy number and the limit box filled in
- 2.The declarations page showing the named insured exactly as FMCSA has it
- 3.Your USDOT and MC numbers
- 4.The date the current policy took effect and the date it renews
- 5.Whether FMCSA's record shows your insurance on file, and the insurer that filed it
- 6.Any cancellation notice you have received, with its date
Is an MCS-90 the same as a BMC-91?
No. The MCS-90 is an endorsement on your policy, kept at your principal place of business. The BMC-91 or BMC-91X is the filing your insurer submits to FMCSA as evidence that the required coverage is in place.
Is the MCS-150 an insurance form?
No. 49 CFR 390.19T describes Form MCS-150 as the Motor Carrier Identification Report a carrier files with FMCSA; it is registration data about your operation. The MCS-90 is issued by your insurer and sits on the liability policy.
Does an MCS-90 raise my limit?
No. The insurer agrees to pay "within the limits of liability described herein," and the endorsement's schedule fills in the amount above which the company "shall not be liable" for each accident, as primary insurance or as excess over an underlying limit. The MCS-90 guarantees that the public can collect up to that amount regardless of policy conditions.
Who issues the MCS-90?
Your insurer. 387.7(d)(1) describes the MCS-90 as "issued by an insurer(s)," in the form FMCSA prescribes under 387.15, and 387.15 says it "shall be issued in the exact name of the motor carrier." If the name on the endorsement does not match the name on your FMCSA record, ask the insurer to correct it.
Where these answers come from
Each entry carries the exact words of the source so you can check it yourself. Forms, rules and carrier pages change; read the current version before acting.
- 1. Form MCS-90, insuring agreement, as printed in 49 CFR 387.15 Illustration I (2017 edition, govinfo)
“the insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy”
govinfo.gov, accessed October 3, 2026. The 2017 edition is the last annual CFR print with the form text; from the 2018 edition on, 387.15 points to the FMCSA website for the form. The current FMCSA PDF (rev. 01/05/2017) is served only to a browser. - 2. Form MCS-90, exclusions, as printed in 49 CFR 387.15 Illustration I (2017 edition, govinfo)
“Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo.”
govinfo.gov, accessed October 3, 2026 - 3. Form MCS-90, policy conditions do not relieve the insurer, as printed in 49 CFR 387.15 Illustration I (2017 edition, govinfo)
“no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured.”
govinfo.gov, accessed October 3, 2026 - 4. Form MCS-90, policy terms stay binding between insured and insurer, as printed in 49 CFR 387.15 Illustration I (2017 edition, govinfo)
“all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company.”
govinfo.gov, accessed October 3, 2026. The sentence opens with "However," and follows the no-relief clause. - 5. Form MCS-90, reimbursement clause, as printed in 49 CFR 387.15 Illustration I (2017 edition, govinfo)
“The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement.”
govinfo.gov, accessed October 3, 2026 - 6. Form MCS-90, schedule of limits, as printed in 49 CFR 387.15 Illustration I (2017 edition, govinfo)
“This insurance is primary and the company shall not be liable for amounts in excess of $_____ for each accident.”
govinfo.gov, accessed October 3, 2026. The next box reads the same for excess insurance, "in excess of the underlying limit of $_____ for each accident." - 7. Form MCS-90, cancellation, as printed in 49 CFR 387.15 Illustration I (2017 edition, govinfo)
“Cancellation of this endorsement may be effected by the company or the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA's jurisdiction, by providing thirty (30) days notice to the FMCSA”
govinfo.gov, accessed October 3, 2026. The sentence ends: "(said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington, DC)." - 8. 49 CFR 387.5, definition of public liability, eCFR
“Public liability means liability for bodily injury or property damage and includes liability for environmental restoration.”
ecfr.gov, accessed October 3, 2026 - 9. 49 CFR 387.15, forms, eCFR
“Endorsements for policies of insurance (Form MCS-90) and surety bonds (Form MCS-82) must be in the form prescribed by the FMCSA and approved by the OMB.”
ecfr.gov, accessed October 3, 2026 - 10. 49 CFR 387.15, name on the endorsement, eCFR
“The endorsement and surety bond shall be issued in the exact name of the motor carrier.”
ecfr.gov, accessed October 3, 2026 - 11. 49 CFR 387.9, schedule of limits, row 1, eCFR
“For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds) Property (nonhazardous) $750,000”
ecfr.gov, accessed October 3, 2026. Cells of row 1 of the table. Rows 2 and 4 of the same table carry 5,000,000 and row 3 carries 1,000,000. eCFR's source note lists 91 FR 45660, July 21, 2026, as the latest amendment. - 12. 49 CFR 387.303(b)(1)(i), small freight vehicles, eCFR (suspended indefinitely)
“Fleet including only vehicles under 10,001 pounds (4,536 kilograms) GVWR Property (non-hazardous) $300,000”
ecfr.gov, accessed October 3, 2026. Cells of the table in (b)(1)(i). eCFR's effective date note says: "In that same document, § 387.303 was again suspended indefinitely." FMCSA's filing chart still prints the figure (fmcsa-chart-small). - 13. 49 CFR 387.7(b)(1), continuous coverage and 35 days' notice, eCFR
“Policies of insurance, surety bonds, and endorsements required under this section shall remain in effect continuously until terminated. Cancellation may be effected by the insurer or the insured motor carrier giving 35 days' notice in writing to the other. The 35 days' notice shall commence to run from the date the notice is transmitted.”
ecfr.gov, accessed October 3, 2026 - 14. 49 CFR 387.7(c), replacement policies, eCFR
“The liability of the retiring insurer or surety, as to events after the termination date, shall be considered as having terminated on the effective date of the replacement policy of insurance or surety bond or at the end of the 35 day cancellation period required in paragraph (b) of this section, whichever is sooner.”
ecfr.gov, accessed October 3, 2026 - 15. 49 CFR 387.7(d), where proof is kept, eCFR
“Proof of the required financial responsibility shall be maintained at the motor carrier's principal place of business.”
ecfr.gov, accessed October 3, 2026 - 16. 49 CFR 387.7(d)(1), the MCS-90 as proof, eCFR
““Endorsement(s) for Motor Carrier 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(s);”
ecfr.gov, accessed October 3, 2026 - 17. 49 CFR 387.7(e)(1), proof is public information, eCFR
“The proof of minimum levels of financial responsibility required by this section shall be considered public information and be produced for review upon reasonable request by a member of the public.”
ecfr.gov, accessed October 3, 2026 - 18. Utah Admin. Code R909-1-4(3), UDOT, insurance for oil and hazmat carriers
“must have a $1,000,000 minimum level of financial responsibility, and an MCS-90 endorsement maintained at the principal place of business”
adminrules.utah.gov, accessed October 3, 2026. Date of last change June 23, 2026. Paragraph (2) of the same rule holds intrastate private carriers to $750,000 without naming the endorsement; the rule states no figure for intrastate for-hire carriers. - 19. Utah Admin. Code R909-19-5(2), UDOT tow truck rule
“Tow truck motor carriers performing consent or non-consent tows are required to obtain an MCS-90 endorsement for environmental restoration as required in 49 CFR Part 387”
adminrules.utah.gov, accessed October 3, 2026 - 20. FMCSA, Insurance Filing Requirements, who should file proof of insurance and when
“Once an entity applies for Operating Authority (MC/FF/MX), a financial responsibility provider must file the appropriate insurance form(s) on behalf of the applicant.”
fmcsa.dot.gov, accessed October 3, 2026. fmcsa.dot.gov returns 403 to curl and no browser was available on 2026-10-03, so the quote was checked that day against the Internet Archive copy of 2026-06-17, https://web.archive.org/web/20260617122628/https://www.fmcsa.dot.gov/registration/insurance-filing-requirements (page last updated March 26, 2026). - 21. FMCSA, Insurance Filing Requirements, overview
“FMCSA will not grant operating authority registration until the registrant has in effect the minimum levels of financial responsibility on file with FMCSA.”
fmcsa.dot.gov, accessed October 3, 2026. fmcsa.dot.gov returns 403 to curl and no browser was available on 2026-10-03, so the quote was checked that day against the Internet Archive copy of 2026-06-17, https://web.archive.org/web/20260617122628/https://www.fmcsa.dot.gov/registration/insurance-filing-requirements (page last updated March 26, 2026). - 22. FMCSA, Insurance Filing Requirements, chart, Endorsement Forms (49 CFR 387.15) row
“All For-Hire and Interstate Motor Carriers MCS-90 Endorsement for Policies of Insurance; or MCS-82 Endorsement for Surety Bonds”
fmcsa.dot.gov, accessed October 3, 2026. The two cells of the row, under the headings Entity Type and Applicable Forms(s). fmcsa.dot.gov returns 403 to curl and no browser was available on 2026-10-03, so the quote was checked that day against the Internet Archive copy of 2026-06-17, https://web.archive.org/web/20260617122628/https://www.fmcsa.dot.gov/registration/insurance-filing-requirements (page last updated March 26, 2026). - 23. FMCSA, Insurance Filing Requirements, chart, for-hire property carriers at 10,001 pounds and up
“For-Hire Property Carriers (Non-Hazardous) GVWR ≥ 10,001 pounds $750,000 $0 $0 BMC-91, or BMC-91X, or BMC-82”
fmcsa.dot.gov, accessed October 3, 2026. The cells of one row, under the headings Entity Type, Vehicle Type, BIPD Insurance Requirement, Cargo Insurance Requirement, Surety Bond/Trust Fund Agreement and Applicable Form(s). fmcsa.dot.gov returns 403 to curl and no browser was available on 2026-10-03, so the quote was checked that day against the Internet Archive copy of 2026-06-17, https://web.archive.org/web/20260617122628/https://www.fmcsa.dot.gov/registration/insurance-filing-requirements (page last updated March 26, 2026). - 24. FMCSA, Insurance Filing Requirements, chart, for-hire property carriers under 10,001 pounds
“For-Hire Property Carriers (Non-Hazardous) GVWR < 10,001 pounds $300,000 $0 $0 BMC-91, or BMC-91X, or BMC-82”
fmcsa.dot.gov, accessed October 3, 2026. The cells of one row, same headings as fmcsa-chart-property; the chart heads this block "Motor Carrier of Property (49 CFR 387.303)". fmcsa.dot.gov returns 403 to curl and no browser was available on 2026-10-03, so the quote was checked that day against the Internet Archive copy of 2026-06-17, https://web.archive.org/web/20260617122628/https://www.fmcsa.dot.gov/registration/insurance-filing-requirements (page last updated March 26, 2026). - 25. FMCSA, Form MCS-90 page, about this form
“The MCS 90 endorsement is not issued for individual vehicles. Instead, it is attached to the motor carrier’s liability insurance policy and applies to all vehicles operated under that policy which are subject to the federal financial responsibility requirements.”
fmcsa.dot.gov, accessed October 3, 2026. fmcsa.dot.gov returns 403 to curl and no browser was available on 2026-10-03, so the quote was checked that day against the Internet Archive copy of 2026-09-26, https://web.archive.org/web/20260926091845/https://www.fmcsa.dot.gov/registration/form-mcs-90-endorsement-motor-carrier-policies-insurance-public-liability-under (page last updated November 25, 2025). - 26. Progressive Commercial, Types of Commercial Auto Insurance Filings, Form MCS-90
“The MCS-90 is not filed with the Federal Motor Carrier Safety Administration (FMCSA). The BMC-91X filing is submitted to the FMCSA as certification that the MCS-90 endorsement has been issued.”
progressivecommercial.com, accessed October 3, 2026. A carrier's description of its own filing practice, cited as what Progressive says. The general rule on the page rests on 387.7(d) and FMCSA's form page. - 27. Progressive Commercial, Types of Commercial Auto Insurance Filings, Form MCS-90, the sentence this page disputes
“An MCS-90 is an endorsement that must be attached to Liability insurance and Cargo Liability insurance policies if you are required to have a federal filing.”
progressivecommercial.com, accessed October 3, 2026. Quoted as what Progressive says. The form's own exclusion of cargo and FMCSA's chart contradict the cargo half of the sentence. - 28. 49 CFR 390.19T(a)(1), Form MCS-150, eCFR
“A U.S.-, Canada-, Mexico-, or non-North America-domiciled motor carrier conducting operations in interstate commerce must file a Motor Carrier Identification Report, Form MCS-150.”
ecfr.gov, accessed October 3, 2026
The policy lapsed or cancelled and the authority, filing or contract is at risk
Cancellation notices, the MCS-90, revoked MC numbers and reinstatement: what stops, what the insurer files, what to do first.
Elsewhere on the site
Got a cancellation notice, or a request for your MCS-90?
Text Redoubt the notice or the request, your USDOT and MC numbers, and the date it has to be resolved. We will say whether the problem is the endorsement, the filing or the FMCSA record, and what has to happen first.
This is general insurance information, not legal advice or a coverage determination. The policy forms, the endorsements the carrier issues, and the requirement in writing from whoever is asking control.