January 25, 2019

The Implication Of MCS 90

If you drive a commercial vehicle or run trucks on the road, you may have come across the term MCS 90 or MCS-90 endorsement. While you may be aware of the basic requirements of insurance, many people are not aware of the specifics of MCS 90 and confuse them with general insurance.

You should know MCS 90 is not an insurance policy in the conventional sense. It is more like a system that establishes the financial obligation. If you are running a truck, an MCS 90 endorsement implies that in case of a collision or a fatal accident, the compensation will not be a problem if all other paperwork and other evidence are in place. The primary purpose of this system is to protect the interest of the public. While the system will not offer the truck driver any additional cover or insurance benefits, it is a surety to the state, local administration, and the general public that you will take the legal obligations when required.

When is an MCS 90 Endorsement Needed?

If you are a truck driver, or you drive a large vehicle, you should go for the endorsement if any one of the following conditions is applicable.

1. You have insurance from your local insurance provider.
2. You often travel out of the country.
3. You move hazardous substances.

MCS 90 vs Form E

Form E and other relevant applications were part of the Interstate Commerce Act, circulated by the National Association of Regulatory Utility Commissioners. In multiple states Form E is issued instead of the MCS-90. Form E is protection where a truck fails to cover the insurance premium to give it the coverage in case of accidents. Another situation where Form E is applicable is where another transport covering the vehicle declines or is incapable of accepting a claim. Holding a Form E confirms that your Accident coverage is in line with the state’s commercial liability statutes. Form E is is required by the administration of the region that controls intrastate trucking and where you are running your business.

MCS 90 vs CA9948

While the MCS 90 is a form of guarantee to safeguard the common interest of public the CA9948 is the inclusion to the truck auto liability coverage, to acquire endorsements to the pollution liability. It is preferred to get a standalone policy that deals with pollution matters. Commonly referred to as the broadened transportation liability endorsement, the form deals with claims or any legal prosecution resulting from polluting the environment. The CA9948 covers transportation functions at the site, while the load is on the move, and during other vehicle operations. The policy is an improvement when compared to the traditional MCS-90 as it has more provisions covering the liability matters arising from release, spill of pollutants.

MCS 90 and BMC91x are both necessary compliance terms, and as a truck driver, you need to understand the need for both regulations. Holding an MSC 90 means having met the liability protection and cargo liability coverage requirements and providing the general guarantee to give protection to the public if you are the reason for an accident.

On the other hand, the BMC-91 is the requirement of the Federal Motor Carrier Safety Administration (FMCSA). When you file the BMC-91, you give a guarantee to FMCSA that you have coverage to meet the greater uncertainty while moving assets or people over state lines. In this category, you file the BMC91x when you hold insurance plans from multiple insurance providers instead of a single insurance company.

MCS 90 Form F Requirement

Form F filing is approval to your policy that adjusts it to each state’s financial liability legislation.

Both Form E and Form R deals with those carrier operations that involves the interstate movement of trucks. Form E confirms that the motor vehicle mentioned in the forms is following the coverage requirements of the motor carrier regulations of the state to which the certification is in issuance. Form F is the associate approval to Form “E” and establishes certification or verification of financial liability “under the stipulations of any state commissioners.

Where Form F seems similar to the MCS90, it is basically a form that adds up financial liability and laws as a part of the insurance contract. Where MCS90 mentions the limits of public accountability, there is no requirement to mention the restrictions in Form F.

Should You Carry the MCS90 Endorsement?

There are many reasons as to why it is necessary to hold the endorsement if you run a truck for business purpose and interstate transportation of goods. Firstly it is one of the federal ordinances that explicitly deal with public safety and interest any negligence in holding the MSC90 will expose the insured truck to further liabilities. If your business involves truck transportation and movement from one location to another, you must establish yourself as a responsible truck operator, by holding a guarantee to the public to cover the damages to anyone regardless of the financial status of the truck operator or business.

There is no obligation nor any provision in the MCS90 that allows the insurer to side with the insured and defend them in case of an accident or incident where public suffers due to the insured fault.

The main advantage of holding the form enables the insurer to reach out to the insured and ask for restitution for the amount settled under the MCS90.

If you unaware on how to get the form filled or what obligations are for you to carry it is necessary to get yourself familiarize with MSC90, Form E, CA9948, BMC91x, and Form F. If your work requires you to travel interstate, carry hazardous materials, or operate in your jurisdiction, you should decide on the provisions and legislature to follow voluntarily and as an obligation. It is always wise to get some consultancy from the expert insurance advisors and commercial vehicle coverage firm that will help you understand how to abide by the transportation laws and the responsibilities of holding insurance policies and filing stipulations.