FMCSA · Motor Carrier
MCS-90
Motor Carrier Endorsement (Public Liability)
Endorsement For Motor Carrier Policies Of Insurance For Public Liability Under Sections 29 And 30 Of The Motor Carrier Act Of 1980 (FMCSA Form MCS-90)
Federally required endorsement on the auto liability policy of any for-hire motor carrier of regulated property — guarantees the public a minimum recovery for negligence regardless of policy defenses.
What it does
The MCS-90 is a federal safety-net endorsement. Under 49 CFR 387.7 and 387.9, any for-hire motor carrier subject to FMCSA financial-responsibility requirements must carry an auto liability policy with the MCS-90 attached. The endorsement obligates the carrier (insurer) to pay any final judgment for bodily injury, property damage, or environmental restoration caused by the motor carrier's negligence — regardless of any policy defense (non-payment, non-disclosure, scope) — up to the financial-responsibility minimum printed on the endorsement (typically $750,000, $1,000,000, or $5,000,000 depending on commodity hauled). The carrier can then seek reimbursement from the motor carrier. Bindly's compliance verifier extracts the printed financial-responsibility amount and cross-checks it against the subhauler's declared commodities per 49 CFR 387.9.
When you need it
- Every for-hire motor carrier of regulated property — required by FMCSA under 49 CFR 387.7.
- Hazardous-materials haulers — $5,000,000 minimum financial responsibility per 49 CFR 387.9.
- Shippers and brokers verifying a subhauler's federal compliance before tendering loads.
Common mistakes
- Confusing the MCS-90 (endorsement on the policy) with the BMC-91 (surety bond filing with FMCSA) — they serve similar regulatory functions but the MCS-90 sits on the policy itself.
- Accepting an MCS-90 with the wrong financial-responsibility limit — $750K is for non-hazmat freight; hazmat requires $5M.
- Treating an MCS-90 as proof of full insurance to the listed limit — the endorsement is a public-protection minimum, not the named insured's actual coverage limit.
Verifying MCS-90 on a real certificate?
Bindly Compliance auto-verifies endorsement attachment, named parties, and edition dates on every COI we track. Description-only language and missing forms surface as deficiencies in your dashboard before they become claims.