BMC-91 vs BMC-84 vs MCS-90

BMC-91 (and BMC-91X): Motor carrier public liability

The BMC-91 is the most common FMCSA insurance filing. It is the insurance company’s certification that a particular motor carrier has met the minimum financial responsibility for bodily injury and property damage (BIPD) liability under 49 CFR Part 387.

The filing is electronic. The carrier’s licensed insurance agent or insurer submits the BMC-91 directly to FMCSA Licensing & Insurance (L&I) when the policy binds; FMCSA updates the carrier’s SAFER record within hours. No paper filing, no carrier-side action beyond paying the premium.

Minimums under 49 CFR §387.9:

• $750,000 — General freight (any property, not hazmat, not oil).
• $1,000,000 — Non-hazardous oil (gasoline, diesel, fuel oil) and certain other commodities.
• $5,000,000 — Non-bulk hazmat shipped in tank or in placardable quantities.
• $5,000,000 — Class 1 explosives, Class 7 radioactives, and Class 2 (Division 2.3) poison gas.
• $5,000,000 — Passenger carriers (16+ passengers) under 49 CFR Part 387 Subpart B.

BMC-91X is the same filing but with extra fields used for hazmat operations. Functionally identical — same underwriting, same coverage, just a different form code at L&I.

The MC docket does not flip to ACTIVE until the BMC-91 is on file. Cancellation produces an automatic 30-day clock under 49 CFR §387.7: if a new policy (and new BMC-91) is not on file within 30 days of cancellation effective, the authority is suspended.

BMC-84 (and BMC-85): Broker / freight forwarder surety

Freight brokers and freight forwarders post a $75,000 security bond under 49 CFR §387.307 as a condition of holding MC-Broker authority under 49 USC §13904. Two structurally different filings satisfy the requirement:

• BMC-84 — A surety bond issued by a Treasury-approved surety company. The broker pays an annual premium (1–4% of face for financially qualified brokers; up to 8–12% for marginal credit). The surety steps in and pays carrier claims up to $75K if the broker fails to.
• BMC-85 — A $75,000 trust fund deposited with a bank, insurer, or trust company in lieu of a surety bond. The full face amount sits in the trust; no premium, but the cash is locked up. Smaller brokers occasionally use this when they have liquidity but not credit; most prefer BMC-84.

The bond’s purpose: guarantee that motor carriers performing transportation arranged by the broker will be paid, in cases of broker insolvency or default. See our deeper dive in the freight broker license guide.

Bond cancellation produces an immediate notification to FMCSA, and the broker’s authority is suspended unless a replacement BMC-84 (or BMC-85) is on file within 30 days under 49 CFR §387.305.

MCS-90: The endorsement that backstops the policy

The MCS-90 is structurally different from BMC-91 and BMC-84 — it is not a separate filing made directly with FMCSA, but an endorsement attached to the carrier’s primary liability policy. It is required as a condition of FMCSA accepting the BMC-91 filing under 49 CFR §387.7(d).

The mechanic: the insurer attaches the MCS-90 endorsement to the policy. The endorsement agrees that the insurer will pay any final judgment recovered against the insured for public liability, regardless of whether the insured violated a condition of the policy that would otherwise let the insurer deny coverage.

Why this matters: a carrier’s primary liability policy contains many conditions (declared cargo, declared radius of operation, declared driver list, etc.). If the carrier violates one and a crash happens, the insurer can deny coverage. The MCS-90 forces the insurer to pay the injured public anyway — then seek reimbursement from the insured. The MCS-90 protects the public; it does not protect the insured.

Two cousin endorsements:

• MCS-90B — Same endorsement but written for self-insured carriers. FMCSA-approved self-insurance is rare (must demonstrate financial capacity); typical for major freight rail, very large LTL carriers.
• MCS-82 — The surety-bond version. A carrier may post a $750,000 surety bond instead of a liability policy with BMC-91 + MCS-90. Almost no one uses this; sureties don’t want to write $750K BIPD-style coverage at premium rates the market will accept.

BMC-32 and BMC-34: Cargo insurance filings

Two cargo-insurance filings round out the FMCSA filing universe, but they are not co-equal with BMC-91:

• BMC-32 (cargo, property carriers). Historically required for all general-freight carriers. The 2011 FMCSA final rule eliminated the federal cargo-filing requirement for most property carriers. Cargo coverage is still demanded by brokers and shippers as a commercial condition; it is just no longer filed at FMCSA. The form code persists for the small number of carrier classes still subject (notably household goods motor carriers).
• BMC-34 (cargo, household goods carriers). Still required under 49 CFR Part 387 Subpart D. Minimum cargo liability for household-goods movers is $5,000 per vehicle and $10,000 per occurrence. Filed with FMCSA the same way as BMC-91.

For a general-freight motor carrier, the cargo coverage you carry is determined by the freight you haul and the brokers you serve — not by federal filing requirements. Typical broker contracts require $100,000 cargo. Reefer or auto-haul lanes may require higher.

Side-by-side comparison

How to confirm a filing is on file

Every BMC-91, BMC-91X, BMC-84, BMC-85, and MCS-90 filing is queryable on FMCSA SAFER. From SAFER’s company snapshot:

• Find the “Operating Authority” section and click “Insurance.”
• The page shows the form type, the insurance company, the policy effective date, and the policy cancellation date (if any).
• An active BMC-91 with no cancellation date = the carrier’s authority is in force.
• An active BMC-84 with no cancellation date = the broker’s authority is in force.

Brokers and shippers commonly verify a carrier’s BMC-91 on every load. Carriers commonly verify a broker’s BMC-84 before accepting a load — non-bonded brokers are dispositive of bad-debt risk.

Which filings does my operation need?