FMCSA insurance filings: BMC-91, BMC-34, and BOC-3

Who needs federal filings

If you haul federally regulated freight for hire across state lines, you need an MC number on top of your USDOT number. That authority comes with filing duties. FMCSA says the type of authority you hold sets the insurance you must keep on file.

Private carriers hauling their own goods, carriers hauling only exempt commodities, and carriers working only inside a federal commercial zone do not need operating authority. A Texas carrier running Laredo to Chicago on I-35 for brokers needs it. A Texas-only carrier files with TxDMV instead.

BMC-91 and BMC-91X: liability filings

These certificates tell FMCSA you carry at least the federal public liability minimum. For a for-hire carrier of nonhazardous property at 10,001 lbs GVWR or more, that minimum is $750,000.

Listed oil and hazmat need $1,000,000, and the most dangerous classes need $5,000,000. FMCSA's insurance requirements page lists $300,000 for for-hire nonhazardous carriers under 10,001 lbs.

The difference between the two forms is about structure. A BMC-91 shows one insurer covering the full limit. A BMC-91X can show the full limit or one layer of it, which is how stacked coverage from more than one insurer gets on record.

Most truckers never need to pick. Your insurer files the form that matches your policy.

BMC-34: cargo filing for household goods

General freight carriers do not file cargo coverage with FMCSA. Household goods carriers do. FMCSA requires $5,000 in cargo coverage for for-hire household goods carriers, proven with a BMC-34 certificate from the insurer or a BMC-83 surety bond.

That federal filing is the floor, not what your customers expect. A mover running Dallas to Denver may want much higher cargo limits for the value of what is in the trailer. Brokers handling general freight commonly require $100,000 cargo by contract, even though nothing gets filed with FMCSA for it.

BOC-3: process agents, not insurance

The BOC-3 is not an insurance form, but your authority will not activate without it. It names a process agent in each state where you operate and each state you pass through. A process agent accepts legal papers on your behalf if someone sues you in that state.

Most carriers use a blanket company that has agents in every state. Only one current BOC-3 can be on file, and changing it means filing a new one. Under FMCSA's process agent rules, you report name and address changes to FMCSA within 30 days.

Timing: when filings must be on record

FMCSA says to have your insurer file right after you receive your docket number. If the insurance filing is not on record within 20 days of your application's publication in the FMCSA Register, the application can be dismissed.

The order for a new authority:

1. Apply for your USDOT and MC numbers through FMCSA's registration system.
2. Bind auto liability and send your agent the MC docket number the same day.
3. Have the insurer file the BMC-91 or BMC-91X, plus BMC-34 if you move household goods.
4. File your BOC-3 through a process agent company.
5. Register for UCR, and plan to update your MCS-150 every two years.

Cancellation notice: the 30-day rule

Federal filings do not just disappear. Under 49 CFR 387.313, an insurer cannot cancel a filed certificate until 30 days after FMCSA receives written notice on Form BMC-35.

The clock starts when FMCSA receives the notice, not when the insurer sends it. The MCS-90 endorsement repeats that 30-day notice to FMCSA.

A separate clock runs between you and the insurer. Under 49 CFR 387.7, either party can cancel with 35 days' written notice to the other. So you usually get a little over a month of warning.

If your insurer files a BMC-35, use that window to get replacement coverage filed. When a replacement filing is accepted, the old insurer's liability ends on the new filing's effective date. If nothing replaces it, FMCSA starts revocation of your authority, and FMCSA lists an $80 fee to reinstate it.

Common filing problems for new authorities

New carriers lose weeks to small errors. Watch for these before your insurer files.

• The filing is sent under the USDOT number instead of the MC docket number.
• The legal name on the policy does not match the name on your FMCSA registration.
• The filed limit is below what your cargo requires, such as $750,000 on a hazmat authority.
• The BOC-3 was never filed, so authority stays pending even with insurance on record.
• The policy is bound but premium is unpaid, and the insurer files a BMC-35 within weeks.

Texas carriers that need both state and federal filings

Plenty of Texas carriers run both kinds of freight. A flatbed outfit in Fort Worth might haul steel to Oklahoma under its MC number on Monday and Texas-only loads down I-35 to Waco on Tuesday. That carrier may need an active BMC-91 or BMC-91X with FMCSA and an active Form E with TxDMV at the same time.

Each agency tracks its own filing. A cancellation or name change has to be handled in both systems. Ask the agent who handles your quote to list every filing your policy needs, then check L&I and TxMCCS yourself once they post.

How to check your status on FMCSA L&I

FMCSA's Licensing and Insurance (L&I) site shows what is on record for interstate for-hire carriers. Check it after every new policy, renewal, or insurer change. Brokers pull the same report before they set you up, so a missing or pending filing can cost you a load out of Dallas or Laredo before you even know there is a problem.

• Go to li-public.fmcsa.dot.gov and choose Carrier Search.
• Search by MC number or USDOT number.
• Open the HTML report for your carrier.
• Review active and pending insurance, insurance history, BOC-3 status, and authority history.
• If a filing is missing, call your agent first. The insurer has to fix it, not you.