Skip to content
Texas Trucking CoverageContact an expert

What is the difference between bobtail and non-trucking liability?

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

Short answer

Non-trucking liability covers an owner-operator’s truck when it is used for purposes other than hauling for the motor carrier, such as driving home after a delivery. "Bobtail" literally means a tractor running without a trailer. The industry often uses the two terms interchangeably, but the policy trigger is what matters.

  • A true non-trucking policy usually does not apply while the truck is under dispatch, even with no trailer attached. Coverage that applies while running empty or bobtail regardless of dispatch is sometimes called unladen liability.
  • Federal leasing rules require the lease to state who provides coverage like bobtail insurance and any chargeback amount.
Contact an expert

Two different questions: trailer or dispatch?

IRMI defines a bobtail as a tractor operating without a trailer. It defines bobtail liability as auto liability for an owner-operator after delivery, when the truck is not being used in trucking, typically written as a business auto policy with the Truckers Insurance for Non-Trucking Use endorsement (CA 23 09), and lists non-trucking liability as a synonym.

IRMI separately describes unladen liability as broader: coverage while the truck runs empty with a trailer attached or with no trailer at all, whether or not it is dispatched. That is the key distinction most owner-operators miss. "No trailer" is not the trigger. "Not working for the motor carrier" usually is.

Which coverage applies when (typical wording; check your policy)
SituationMotor carrier’s primary liabilityNon-trucking liabilityUnladen liability
Hauling a load under dispatchUsually appliesUsually excludedUsually not needed
Dispatched, driving empty to pickupUsually appliesUsually excludedMay apply
Off dispatch, driving home without trailerUsually does not applyUsually appliesMay apply
Personal errand in the tractorUsually does not applyUsually appliesMay apply

Leased owner-operator: who covers what

Insurance split between a motor carrier and a leased owner-operatorPrimary auto liability while under dispatch: the motor carrier carries it. Non-trucking or bobtail liability when not under dispatch: the owner-operator. Physical damage on the owner-operator's truck: the owner-operator. Motor truck cargo: usually the carrier, with deductions from the owner-operator only as the lease states. Occupational accident or workers' comp: the carrier sets the requirement and the owner-operator usually buys occupational accident coverage.CoverageMotor carrierOwner-operatorPrimary auto liabilitywhile under dispatchCarries itrequired for its authorityPays only if the leasestates a chargebackNon-trucking (bobtail) liabilitywhen not under dispatchUsually notoften asks for proofCarries itlease says who provides itPhysical damageon the owner-operator's truckUsually notnot the carrier's truckCarries itown truck, own policyMotor truck cargoon the freight being hauledUsually carries itas the carrier of recordDeductions only asthe lease spells outOccupational accidentor workers' comp for the driverSets the requirementsome cover under their WCUsually buys itoften occupational accidentUsually carries itDepends on the leaseUsually not theirs
Typical split, not a rule: the lease decides. Under 49 CFR 376.12(j), the lease must state the authorized carrier's duty to keep the liability insurance FMCSA requires, say who provides other coverage such as bobtail insurance, state the amount of any insurance charged back to the owner-operator, and spell out when cargo or property damage can be deducted from settlements. Section 376.12(h) requires every chargeback item and how it is computed to be listed in the lease. Have an attorney review the lease itself.

Why the motor carrier usually covers dispatched trips

Under 49 CFR 376.12(c), the lease must give the motor carrier exclusive possession, control and use of the leased equipment and complete responsibility for its operation for the duration of the lease. When the truck is working under the carrier's authority, the carrier's primary auto liability is normally the policy that responds. Non-trucking liability is designed for the remaining hours, which is why it is usually inexpensive compared with primary trucking liability.

The lease matters here. 49 CFR 376.12(j) requires the lease to specify the carrier's obligation to maintain public liability insurance, "who is responsible for providing any other insurance coverage for the operation of the leased equipment, such as bobtail insurance," and the amount of any chargeback to the owner-operator. Read yours. See who insures a leased owner-operator.

Common mistakes

  • Buying non-trucking liability with your own authority. If you run under your own MC, you need primary trucking liability, not non-trucking. Non-trucking assumes someone else's policy covers your business trips.
  • Assuming "bobtail" covers deadhead under dispatch. Many non-trucking forms exclude any trip in the business of the motor carrier, trailer or not.
  • Not checking the chargeback. If the carrier provides the coverage and charges you, the lease must say how much.
  • Forgetting physical damage and injury. Non-trucking liability covers others. Your truck needs physical damage, and you need occupational accident or other injury protection.

Read these two documents together

Your lease (insurance section and 376.12(j) disclosures) and the declarations of whatever non-trucking or bobtail policy you carry. If they disagree about who covers what, fix it before the next trip.

Common questions

Do I need non-trucking liability if my carrier covers me under dispatch?

Usually yes, because the carrier’s policy generally does not cover personal or off-dispatch use, and many leases require you to carry it.

Is bobtail insurance the same thing as non-trucking liability?

The terms are often used for the same coverage, but read the policy trigger. Some policies apply only when you are off dispatch; unladen liability can apply while dispatched and empty.

Can I buy non-trucking liability if I have my own authority?

It is designed for leased owner-operators. With your own authority you need primary trucking liability.

Sources

  1. IRMI, Bobtail liability (glossary). Bobtail liability as non-trucking coverage, CA 23 09 endorsement.
  2. IRMI, Unladen liability (glossary). Broader coverage for empty or bobtail operation whether or not dispatched.
  3. IRMI, Bobtail (glossary). Bobtail defined as a tractor without a trailer.
  4. 49 CFR 376.12, Lease requirements (eCFR). Exclusive possession and control; lease must specify insurance responsibilities and chargebacks.

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

Keep reading

Find the gaps before a broker or a claim does.

A specialist replies within one business day. Prefer to call? 972-532-1861

  1. 1Tell us about your companyCompany, contact and revenue range. Add what you need if you like.
  2. 2A specialist reaches outA licensed agent who works with Texas trucking companies calls or emails within one business day.
  3. 3You get a clear planWhat your current program covers, what your contracts need, and what to fix first.

Contact an expert

A trucking insurance specialist replies within one business day. No obligation, and your information is never sold or shared.

Contact an expertCall