who is required to have a mcs-82

MCS 90/MCS 82
The Form MCS 90 is an endorsement issued to a carrier by an insurance company to show proof that the carrier has in effect the minimum levels of financial responsibility required by the FMCSA under 49 CFR 387.9. The MCS 90 is not an actual insurance policy, serving only as proof the carrier is in compliance with the FMCSA’s requirements that carriers maintain coverage for protection of the public for injury or property damage resulting from the operation of the vehicle.
The FMCSA determines the form and content of the MCS 90 endorsement and provides a sample in Sec. 387.15. However, the insurance company issues the MCS 90 directly to the carrier, who must keep it at their principal place of business as required by Sec. 387.7(d).
An MCS 90 must be in your office if you are required to file evidence of financial responsibility with the FMCSA in the amounts listed in Sec. 387.9. If you are not required to file evidence of financial responsibility, you don’t need to maintain an MCS 90 in your office.
Financial responsibility compliance depends upon several factors:

• Where you operate – interstate or intrastate
• What kind of carrier you are – private or for-hire
• The gross weight of the vehicle
• The commodity carried – non-hazardous property or hazardous materials, waste, or substances.

To determine whether or not your company is subject to the FMCSA’s financial responsibility regulations, refer to the schedule of public liability limits shown in Sec. 387.9.
MCS 82
Carriers meeting the public liability requirements with a surety bond must have an MCS 82 issued by a surety as evidence of compliance with Sec. 387.9. The FMCSA includes a sample Form MCS 82 in Sec. 387.15, but the document must be issued directly to the carrier by a surety company. The MCS 82 serves as proof of a surety bond, just as the MCS 90 provides evidence of insurance.
Certain carriers are self insured under Sec. 387.309; for these carriers, a written decision, order, or authorization from the Federal Motor Carrier Safety Administration authorizing a motor carrier to self insure will satisfy the proof of financial responsibility requirement.