What does the MCS-90 endorsement do under 49 CFR 387.15?
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Short answer
The MCS-90 endorsement certifies that a motor carrier has the required minimum levels of financial responsibility to cover public liability, including bodily injury and property damage. It is a federal filing that demonstrates a carrier's compliance with the minimum insurance requirements under 49 CFR 387.
The rule says
"Endorsements for policies of insurance (Form MCS-90) and surety bonds (Form MCS-82) must be in the form prescribed by the FMCSA and approved by the OMB." (49 CFR 387.15)
"Endorsements to policies of insurance and surety bonds shall specify that coverage thereunder will remain in effect continuously until terminated, as required in 387.7 of this subpart." (49 CFR 387.15)
In plain English
It ensures that the carrier has adequate insurance coverage to compensate for bodily injury or property damage to the public. This endorsement is typically required for motor carriers that transport hazardous materials or have a certain level of liability exposure. In practice, the MCS-90 endorsement is often reviewed during audits and compliance checks to verify that a carrier has the necessary insurance coverage.
What to do
- Verify that your company has an MCS-90 endorsement on file, if required by your operations.
- Ensure that the endorsement is properly completed and signed by the insurer.
- Maintain a copy of the MCS-90 endorsement in your company's files, along with other insurance documents.
- Review your insurance policy and MCS-90 endorsement annually to ensure compliance with regulatory requirements.
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