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What is the difference between BMC-91 and BMC-91X?

Shaurya Aggarwal 6 min read

If you are activating a new MC number or reading your record on FMCSA’s Licensing and Insurance site, you will see BMC-91 or BMC-91X next to your liability coverage. Here is what the federal rule says about each form, who needs one, what it costs and what happens when it is cancelled.

BMC-91 vs BMC-91X at a glance

Both forms are titled Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance, and the back of each form carries the same legal wording. The difference is on the front. The BMC-91 only has room to certify the full security limits. The BMC-91X has two boxes: one saying the insurance is primary up to a stated amount, and one saying it is excess above a stated underlying limit.

How the two filings compare (49 CFR 387.313T and FMCSA forms BMC-91 and BMC-91X)
FeatureBMC-91BMC-91X
What it certifiesThe full required limitFull limit, or a primary or excess layer
Insurers involvedOne insurer for the whole limitOne, or several, each filing its own 91X
Filed byYour insurer, electronicallyYour insurer, electronically
Endorsement attached to the policyMCS-90 (or BMC-90)MCS-90 (or BMC-90)
How long it lastsUntil cancelledUntil cancelled

What the federal rule actually says

49 CFR 387.313T says a BMC-91 “will be filed with the FMCSA for the full security limits,” while a BMC-91X represents full coverage or any level of aggregation. Aggregation means combining policies from more than one insurer to reach the minimum. When that happens, the rule requires a separate endorsement and a separate BMC-91X from each insurer.

As an illustration, a tanker carrier that needs $5,000,000 for certain bulk hazardous materials might buy a $1,000,000 primary policy and a $4,000,000 excess policy from a second insurer. Each insurer files its own BMC-91X showing its layer, and together the filings show FMCSA the full $5,000,000.

You may also see a BMC-91X on your record when one insurer carries your whole limit. That is allowed, because the rule lets a BMC-91X represent full coverage as well as a layer. For FMCSA’s purposes, either form satisfies the requirement as long as the full minimum is on file.

Who needs a BMC-91 or BMC-91X filing

FMCSA lists the BMC-91 or BMC-91X as the public liability filing for motor carrier and freight forwarder authority, and says non-vehicle-operating freight forwarders may ask for a waiver. Your authority is not issued until the filing is on file. Other operations use different forms:

  • For-hire interstate motor carriers with MC authority: BMC-91 or BMC-91X for liability.
  • Household goods movers: a BMC-91 or BMC-91X plus a BMC-34 cargo filing (or BMC-83 bond), at $5,000 per vehicle and $10,000 per occurrence.
  • Freight brokers: a BMC-84 surety bond or BMC-85 trust fund, not a BMC-91X.
  • Intrastate-only carriers: state filings such as a Form E, under state rules.
  • Private carriers hauling their own non-hazardous goods generally do not hold for-hire authority, so they generally do not need this filing.
Minimum liability a BMC-91 or BMC-91X must certify (49 CFR 387.303T)
OperationMinimum limit
Non-hazardous freight, fleet of vehicles under 10,001 lb$300,000
Non-hazardous freight, vehicles 10,001 lb or more$750,000
Oil and most other hazardous materials, 10,001 lb or more$1,000,000
Certain bulk or high-risk hazardous materials$5,000,000
Passenger vehicles seating 15 or fewer$1,500,000
Passenger vehicles seating 16 or more$5,000,000

What the form number does not tell you

Some trucking websites say a BMC-91X means your insurer is a surplus lines company, or that the X marks a weaker policy. The federal rule doesn’t say that. Under 49 CFR 387.315, an insurer can qualify to file if it is licensed in the right states, or if it is eligible as an excess or surplus lines insurer and designates a process agent. The choice between 91 and 91X is about full limits versus layers, not the type of insurer.

If a shipper, broker or lender wants to know whether your insurer is admitted in your state, the answer comes from your state insurance department, not the form number on your FMCSA record.

How the filing gets made, step by step

You buy the policy; the insurer does the paperwork. The typical sequence for a new authority:

  • Apply for authority and get your MC number, and have your BOC-3 filed.
  • Bind a liability policy that meets your minimum, with the MCS-90 endorsement attached.
  • Your insurer files the BMC-91 or BMC-91X electronically. FMCSA says insurers pay a $10 fee for each filing, except cancellations.
  • Check your record on FMCSA’s Licensing and Insurance site, which shows the form, insurer and policy number for each filing.
  • Once the filing is accepted it stays in effect until cancelled, so there is no annual refiling when the policy renews with the same insurer.

Cancellations, replacements and lapses

Under 49 CFR 387.313T, a BMC-91 or BMC-91X cannot be cancelled until 30 days after a BMC-35 notice of cancellation is filed with FMCSA. That 30-day window is your time to get replacement coverage filed. If nothing replaces it, you no longer have the insurance your authority depends on, and FMCSA can revoke the authority.

Switching insurers works differently. When the new insurer’s filing is accepted, the old insurer’s liability ends on the replacement’s effective date, so a well-timed switch leaves no gap. Filings also have to be issued in your full and correct legal name, and a mismatch with your FMCSA registration can keep a filing from posting.

How to keep your filing clean

Most filing problems are avoidable:

If you need to stack policies to reach a higher limit, a broker such as Florin can compare primary and excess options from several insurers.

  • Give your insurer your exact legal name, USDOT number and MC number as they appear on your FMCSA registration.
  • If you stack primary and excess policies, confirm every insurer in the stack has filed its own BMC-91X.
  • Bind the new policy before the old one cancels, and ask the new insurer to file on the same effective date.
  • Act the day you get a cancellation notice or a pending cancellation appears on your record.
  • Check your Licensing and Insurance record after every renewal or change of insurer, not only when your authority first activates.

Frequently asked questions

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

No. The MCS-90 is an endorsement attached to your policy. The BMC-91 or BMC-91X is the certificate your insurer files with FMCSA to show that the policy and endorsement are in place.

Can I file a BMC-91X myself?

No. FMCSA requires insurance companies to file proof of financial responsibility electronically, so your insurer or its agent files it after you bind coverage.

Does a BMC-91X cover cargo?

No. It certifies bodily injury and property damage liability. Cargo filings, on Form BMC-34, are required only for household goods carriers, though brokers and shippers often ask other carriers for cargo coverage.

Do I need a new BMC-91X every year?

Not if you stay with the same insurer. The filing continues until it is cancelled. A new filing is needed when you change insurers or add a new layer.

Figures are third-party estimates and examples, not quotes. Coverage depends on the policy terms and underwriting, and rules vary by state.

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