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Which insurance filings does a Texas trucking company need, and who files them?

Updated . Sources for every claim are listed at the end.

The short version

  • Interstate for-hire carriers need their insurer to file proof of liability coverage with FMCSA (Form BMC-91X), and the policy must carry the MCS-90 endorsement.
  • Texas intrastate carriers registered with TxDMV need their insurer to file Form E; only the insurance company can file proof of insurance or cancellation with TxDMV.
  • Federal filings stay in effect until cancelled, and cancellation takes effect 30 days after FMCSA receives notice; TxDMV filings follow a similar 30-day rule.
  • Most filing problems are timing and name mismatches when switching insurers; the new filing has to post before the old one drops.
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The filings at a glance

A trucking policy is not just a contract between you and your insurer. For regulated carriers, it is also a government filing that keeps your authority or registration alive.

Trucking insurance filings for Texas carriers
FilingFiled withFiled byWhat it does
BMC-91XFMCSAInsurer (one per insurer when combining layers)Proof of liability coverage for federal authority
BMC-35FMCSAInsurer or other partyNotice of cancellation of an insurance filing
MCS-90 endorsementAttached to the policy; proof kept at principal place of businessInsurerGuarantees payment of final judgments to the public up to the required amount
BOC-3FMCSAProcess agentDesignates process agents in each state of operation
Form ETxDMVInsurer onlyProof of liability insurance for Texas intrastate registration
Form KTxDMVInsurerCancels the TxDMV liability filing
Forms H and ITxDMVInsurerCargo filings for household goods movers

Which filing goes where

Trucking insurance filings and where each one goesThe insurer files BMC-91X or BMC-91 with FMCSA as proof of liability for interstate authority, and BMC-35 to cancel it, effective 30 days after FMCSA receives it. The carrier or a process agent service files the BOC-3 with FMCSA. The insurer files Form E with TxDMV for Texas intrastate registration, and Form K to cancel it. The MCS-90 endorsement is not a filing; it is attached to the policy.Who filesFormWhere it goesInsurerfiles itBMC-91X or BMC-91proof of liabilityFMCSAneeded for interstate authorityInsurerfiles itBMC-35notice of cancellationFMCSAeffective 30 days after receiptCarrieror a process agent serviceBOC-3designates process agentsFMCSAan agent in every stateInsurerfiles itForm Eproof of liabilityTxDMVTexas intrastate registrationInsurerfiles itForm Kliability cancellationTxDMVcancels the proof on fileInsurerattaches itMCS-90 endorsementguarantee to the publicYour policynot a filing; part of the policy
Forms named in 49 CFR 387.313 (BMC-91, BMC-91X, BMC-35) and 49 CFR part 366 (BOC-3). Under 387.313, federal filings cannot be cancelled until 30 days after FMCSA receives the BMC-35. TxDMV states that only the insurance company can file proof of insurance (Form E) or its cancellation (Form K), and that the carrier is still responsible for keeping its insurance record active.

Federal filings: BMC-91X and MCS-90

BMC-91X

Federal law lets FMCSA register a motor carrier "only if the registrant files" a bond, insurance policy or other approved security, and the registration "remains in effect only as long as the registrant continues to satisfy the security requirements" (49 U.S.C. 13906).

Under 49 CFR 387.313T:

  • Form BMC-91X covers full coverage or an aggregated level, and when several insurers combine to reach the required amount, each insurer files its own BMC-91X.
  • Filings must state that coverage "will remain in effect continuously until terminated."
  • Coverage cannot be cancelled "until 30 days after written notice has been submitted" to FMCSA on the prescribed form (BMC-35 for insurance), counted from FMCSA's receipt.
  • When FMCSA accepts a replacement filing, the retiring insurer's liability ends on the replacement's effective date.

See what is a BMC-91X filing.

MCS-90

The MCS-90 is an endorsement on the policy, not a filing with FMCSA. Federal rules require the policy to "remain in effect continuously until terminated," with cancellation on "35 days' notice in writing," and proof of financial responsibility kept "at the motor carrier's principal place of business" (49 CFR 387.7). The endorsement pays judgments to the public "regardless of whether or not each motor vehicle is specifically described in the policy," but courts treat it as a suretyship, not insurance, and the carrier may have to reimburse the insurer (Wesco v. Rich; T.H.E. v. Larsen). See what is MCS-90.

Minimum amounts

The federal minimums are $750,000 for non-hazardous for-hire property in vehicles of 10,001 pounds or more, $1,000,000 for oil and other listed hazardous materials, and $5,000,000 for certain bulk and high-hazard materials (49 CFR 387.9). See FMCSA truck insurance minimums.

BOC-3

Every motor carrier must designate process agents for the states it operates in (49 CFR 366.4). The BOC-3 is the form used to file that designation. See what is a BOC-3.

Texas filings: Form E and Form K

Texas intrastate carriers that must register with TxDMV (generally vehicles over 26,000 pounds, placarded hazmat, buses, and household goods movers) must file evidence of insurance "at the time of the initial registration," when re-registering after a lapse in continuous registration, "at the time a motor carrier changes insurers," and when ownership changes (Tex. Transp. Code §643.103). The same section requires you to keep evidence of insurance "in the cab of each vehicle."

TxDMV's instructions are plain: Form E is proof of liability insurance, the insurer's underwriter files it electronically, and "Only your insurance company can file proof of insurance or cancellation." The insurer files Form K to cancel. You are still responsible for keeping your TxMCCS insurance record active (TxDMV).

Under 43 TAC 218.16, coverage generally cannot be cancelled until 30 days after the insurer notifies the department, unless approved replacement coverage is in place. A $100 nonrefundable fee applies to original applications.

The TxDMV minimum for general freight in vehicles over 26,000 pounds is $500,000, with higher amounts for placarded hazmat. See what is Texas Form E and Texas intrastate requirements.

Where filings go wrong

  • Switching insurers without overlap. The old insurer cancels its filing; the new one has not posted. Your authority looks inactive to brokers, and Texas registration can be at risk.
  • Name or number mismatch. The filing is made under a DBA, an old entity name, or the wrong docket or USDOT number, so it never attaches to your record.
  • Layers without each insurer filing. If you combine policies to meet the required amount, each insurer must file its own BMC-91X.
  • Interstate carriers filing only Form E, or the reverse. If you run both interstate and Texas intrastate, you may need both the federal filing and the Texas filing.
  • No email on file with TxDMV. TxDMV sends its 30-day cancellation notice electronically only if a current email is on file.
  • Forgetting the paper in the cab. Texas requires evidence of insurance in each registered vehicle.

Check what the public record shows with our DOT lookup or FMCSA's L&I site.

Rule of thumb when switching insurers

Bind the new policy, confirm the new BMC-91X and Form E have posted, then let the old coverage end. Never cancel first.

What to do this week

  1. Look up your own record on FMCSA and TxDMV. Confirm the insurer, effective date and status shown match your current policy.
  2. Confirm the named insured on the policy exactly matches your FMCSA and TxDMV legal name and numbers.
  3. Confirm your BOC-3 is on file if you hold federal authority.
  4. Put a current email on your TxMCCS account so you receive cancellation notices.
  5. Keep proof of insurance in each cab and the MCS-90 at your principal place of business.
  6. If you are changing insurers, write down the old expiration date and the date the new filings posted.

If anything does not match, start a review and we will sort out which filing needs to be corrected.

Common questions

Can I file my own BMC-91X or Form E?

No. The insurer makes the insurance filing. TxDMV says only your insurance company can file proof of insurance or cancellation for Form E. For federal authority, the BMC-91X is filed by the insurer; when coverage is built from several insurers, each one files.

Is the MCS-90 the same as the BMC-91X?

No. The BMC-91X is filed with FMCSA to show your authority is backed by insurance. The MCS-90 is an endorsement attached to your policy that guarantees payment of judgments to the public up to the required amount, and proof is kept at your principal place of business.

How long does a cancellation take to hit my authority?

Federal filings cannot be cancelled until 30 days after FMCSA receives written notice, unless a replacement filing is accepted first (49 CFR 387.313T). TxDMV coverage generally cannot be cancelled until 30 days after the insurer notifies the department (43 TAC 218.16).

I run interstate and inside Texas. Do I need both filings?

Possibly. Interstate for-hire authority requires the federal filing. Texas intrastate registration with TxDMV requires Form E. Carriers that do both often need both; confirm with TxDMV and FMCSA based on your registrations.

Do I need a cargo filing?

Only for household goods. Federal cargo security applies to household goods carriers (49 CFR 387.301), and TxDMV uses Forms H and I for household goods mover cargo filings. General freight cargo insurance is a contract requirement, not a filing.

Sources

  1. 49 U.S.C. 13906, Security of motor carriers, brokers, and freight forwarders. Registration requires security on file and lapses without it.
  2. 49 CFR 387.313T, Forms and procedures (BMC-91X, cancellation notice). BMC-91X, continuous coverage, 30-day cancellation, replacement filings.
  3. 49 CFR 387.7, Financial responsibility required. MCS-90, 35-day policy cancellation notice, proof at principal place of business.
  4. 49 CFR 387.9, Financial responsibility, minimum levels. Federal minimum amounts.
  5. 49 CFR 366.4, Required designations (process agents). Process agent designations.
  6. TxDMV: TxDMV number (intrastate motor carrier) requirements. Form E, Form K, insurer-only filing, minimums, lapse consequences.
  7. 43 Tex. Admin. Code 218.16, Insurance Requirements. When proof is filed, fee, and 30-day cancellation rule.
  8. Tex. Transp. Code ch. 643, Motor Carrier Registration. Filing triggers and evidence of insurance in the cab (§643.103).

This page explains insurance, not law. Have your attorney review indemnity and contract language; our job is making the insurance match it.

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