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We just applied for our own authority. What insurance do we need, and when?

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

The short version

  • Federal for-hire authority stays in effect only while the required insurance is on file, and you must also designate process agents (the BOC-3) for each state you operate in.
  • For non-hazardous freight in trucks of 10,001 pounds or more, the federal liability minimum is $750,000, but most brokers will ask for $1,000,000 plus cargo.
  • Texas intrastate carriers with vehicles over 26,000 pounds register with TxDMV, need a USDOT number, and must have the insurer file Form E for at least $500,000.
  • New authorities are new-venture risks to underwriters: driver experience, the trucks, the freight and the radius drive whether and how you get placed.
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Interstate or intrastate: two different paths

The first question is where your freight goes, because that decides which agency you file with.

Interstate for-hire (crossing state lines, or hauling freight that is part of an interstate move). You need a USDOT number and federal operating authority. Federal law says FMCSA may register a motor carrier only if it files a bond or insurance, and the registration "remains in effect only as long as the registrant continues to satisfy the security requirements" (49 U.S.C. 13906). You also need process agents designated for every state you operate in (49 CFR 366.4), filed as a BOC-3.

Texas intrastate only. If you run trucks over 26,000 pounds, haul placarded hazmat, or haul household goods for hire, and stay inside Texas, you register with TxDMV. TxDMV requires a valid USDOT number before you start and tells carriers to register with USDOT as "INTRAstate, not INTERstate" (TxDMV). See Texas intrastate requirements and do intrastate carriers need a USDOT number.

Many Texas carriers do both. If any of your loads cross the state line or are part of an interstate shipment, plan for the federal path.

FMCSA has also been moving registration to a new system called Motus, and its Licensing and Insurance site posts notices about the transition (FMCSA L&I). Check FMCSA's current instructions when you apply, because screens and steps are changing.

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.

Minimum limits and what brokers expect

The legal minimum is the floor. Your customers set the real number.

Liability minimums for new Texas authorities (verify your commodity before relying on a row)
OperationLegal minimumWho sets it
Interstate for-hire, non-hazardous property, 10,001+ lbs$750,00049 CFR 387.9
Interstate, oil, hazardous waste and other listed hazmat not in the $5M tier, 10,001+ lbs$1,000,00049 CFR 387.9
Certain bulk hazmat, explosives, poison gas, radioactive$5,000,00049 CFR 387.9
Texas intrastate, vehicles over 26,000 lbs (general freight)$500,000TxDMV
Texas intrastate, placarded hazmat$1,000,000 or $5,000,000 by categoryTxDMV
Texas intrastate household goods under 26,000 lbs$300,000 liability plus cargo of $5,000 per vehicle / $10,000 aggregateTxDMV
General freight cargo coverageNone required by lawYour broker or shipper contract

The order of operations for a new authority

Here is the sequence that keeps you from paying for insurance you cannot use, or getting authority you cannot activate.

  1. Apply for the USDOT number and authority. Your application is published, and "interested persons have 10 days from the date of FMCSA Register publication to file protests" (49 CFR 365.115).
  2. Line up the insurance before the filing deadline. You need a bound policy so the insurer can file. The insurer, not you, files the BMC-91X. Each insurer contributing to the required amount files its own (49 CFR 387.313T).
  3. File the BOC-3 through a process agent.
  4. Wait for the authority to show active. Federal rules say "no motor carrier shall operate a motor vehicle until" the required financial responsibility is in effect (49 CFR 387.7). Do not dispatch a load until your authority shows active.
  5. For Texas intrastate, the insurer files Form E electronically with TxDMV, and TxDMV says "Only your insurance company can file proof of insurance or cancellation." A $100 fee applies to original applications (43 TAC 218.16).

See how long until new authority is active for the timing questions.

What new-venture underwriters look at

A brand new authority has no loss history under its own name, so underwriters price and place it on what they can see. This is what a new venture trucking policy application leans on:

  • The owner's and drivers' experience. CDL years, prior company driving, the type of equipment driven. See can new CDL drivers get insured and what drivers trucking insurance can cover.
  • Motor vehicle records for every driver.
  • The trucks and trailers: year, value, and how they are titled and financed. Lenders will want physical damage with them as loss payee.
  • The freight and the radius. What you haul and how far you run. See radius in truck insurance.
  • Prior authority. If you or a partner had authority before, underwriters will ask about it, its safety record and any losses.

Expect a down payment and a loss run request for any prior operation you were part of. Cost depends heavily on these factors, which is why we do not quote ranges here. See how much truck insurance costs in Texas for the factors that move it.

Your first 18 months: the new entrant period

New carriers are monitored for 18 months after meeting pre-operational requirements, and FMCSA performs a safety audit once the carrier "has been in operation for enough time to have sufficient records," which "will generally be at least 3 months" (49 CFR 385.307).

That matters for insurance in two ways. First, your roadside inspections and crashes start building a public safety record immediately, visible in FMCSA's Safety Measurement System. See how CSA scores affect truck insurance and out-of-service rates. Second, your first renewal will be priced on that record. A clean first year is the single best thing you can do for your second-year premium.

What to do this week

  1. Decide interstate, intrastate, or both, and write down the commodities you will actually haul.
  2. Gather driver info: license numbers, CDL dates, prior employers, and MVRs if you have them.
  3. List every unit with VIN, year, value and lienholder.
  4. Get the broker requirements for the lanes you want. Plan limits to their requirements, not just the legal minimum.
  5. Bind with an insurer that will make the filing (BMC-91X for interstate, Form E for Texas intrastate), and confirm it posts.
  6. Calendar your MCS-150 update and UCR. See MCS-150 biennial update and UCR registration.

Send us your plan through a policy review and we will tell you what to bind first.

Common questions

Can I buy insurance before my MC number is issued?

You can start the application and get quotes. The insurer needs your docket or USDOT number to make the federal filing, and federal rules say you may not operate until the required financial responsibility is in effect (49 CFR 387.7). Do not haul until the authority shows active.

Do I need cargo insurance for new authority?

Not by federal law for general freight; FMCSA cargo security applies to household goods carriers (49 CFR 387.301). Almost every broker will require cargo coverage, though, so in practice you need it to get loads.

Who files the BMC-91X, me or the insurance company?

The insurance company files it with FMCSA. Cancelling it later requires written notice to FMCSA, and the filing stays in effect until 30 days after FMCSA receives that notice, unless a replacement filing takes over (49 CFR 387.313T).

I only haul inside Texas. Do I still need a USDOT number?

TxDMV says you must have a valid USDOT number before registering as a Texas intrastate motor carrier, registered as intrastate. You also need a TxDMV number if your vehicles are over 26,000 pounds or you haul placarded hazmat or household goods for hire.

Why is new-authority insurance harder to place?

There is no loss history under the new authority. Underwriters rely on driver experience, equipment, freight and radius instead, and fewer trucking markets write new ventures. A complete, accurate application gets you more options.

Sources

  1. 49 U.S.C. 13906, Security of motor carriers, brokers, and freight forwarders. Registration requires security on file and stays in effect only while it is satisfied.
  2. 49 CFR 387.9, Financial responsibility, minimum levels. Federal minimum liability levels by commodity.
  3. 49 CFR 387.7, Financial responsibility required. No operation until financial responsibility is in effect.
  4. 49 CFR 365.115, Protests to applications for operating authority. 10-day protest period after FMCSA Register publication.
  5. 49 CFR 366.4, Required designations (process agents). Process agent designations for each state of operation.
  6. 49 CFR 387.313T, Forms and procedures (BMC-91X, cancellation notice). BMC-91X filings by each insurer and cancellation notice.
  7. 49 CFR 385.307, What happens after the FMCSA receives a request for new entrant registration?. 18-month new entrant monitoring and safety audit timing.
  8. TxDMV: TxDMV number (intrastate motor carrier) requirements. Who needs a TxDMV number, USDOT requirement, insurance minimums and Form E.
  9. 43 Tex. Admin. Code 218.16, Insurance Requirements. When proof of insurance is filed with TxDMV and the $100 fee.

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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