Section 387.7(a) says no motor carrier shall operate a motor vehicle "until the motor carrier has obtained and has in effect the minimum levels of financial responsibility as set forth in § 387.9 of this subpart." Who that reaches is set by §387.3: for-hire carriers of property in interstate or foreign commerce (§387.3(a)), and carriers of hazardous materials, hazardous substances, or hazardous wastes in interstate, foreign, or intrastate commerce (§387.3(b)). Vehicles under 10,001 pounds GVWR are excepted unless they carry certain high-hazard materials (§387.3(c)(1)). A private carrier hauling only its own non-hazardous property is outside this subpart.
The §387.9 minimums (Table 1), for vehicles of 10,001 pounds GVWR or more unless noted:
- Non-hazardous property, for-hire, interstate or foreign: $750,000.
- Oil listed in 49 CFR 172.101, and hazardous materials, substances, or wastes not in a $5,000,000 row (for-hire and private): $1,000,000.
- Hazardous substances in bulk in cargo tanks, portable tanks, or hopper-type vehicles; bulk Division 1.1, 1.2 or 1.3, Division 2.3 Hazard Zone A, Division 6.1 Packing Group I Hazard Zone A, and Division 2.1 or 2.2 materials; and highway route controlled quantities of Class 7 material (for-hire and private): $5,000,000. A $5,000,000 row also reaches certain of these materials in vehicles under 10,001 pounds.
Passenger carriers fall under a separate subpart. §387.31 requires the coverage, and §387.33T sets it by each vehicle's seating capacity, including the driver: $5,000,000 for 16 or more, $1,500,000 for 15 or fewer. It applies to for-hire passenger carriers in interstate or foreign commerce (§387.27).
Proof and filings
- At your principal place of business (§387.7(d)): the insurer's Form MCS-90 endorsement, a Form MCS-82 surety bond, or FMCSA's written authorization to self-insure.
- Filed with FMCSA (for-hire carriers, §387.301T(a)(1)): a certificate of insurance must be on file with FMCSA (§387.313T(b)). That is Form BMC-91 for the full limit, or Form BMC-91X, which can represent full coverage or any level of aggregation when more than one insurer makes up the limit (§387.313T(a)(3)). A surety bond is filed as Form MCS-82 (or BMC-82) instead (§387.313T(a)(5)). BMC-34 is the cargo-liability certificate for household goods carriers, not a public-liability filing.
- Cancellation takes 35 days' written notice from the insurer or the carrier (§387.7(b)(1)).
How it is cited
FMCSA's SMS Appendix A lists two investigation findings under this section, both in its Insurance/Other factor:
- §387.7(a): operating a motor vehicle without the required minimum levels of financial responsibility. This is an acute violation.
- §387.7(d): failing to keep the required proof at the principal place of business. This is a critical violation.
Neither is a roadside violation, so neither carries a CSA severity weight. §387.7(a) is also row 9 of the §385.321(b) table: a single occurrence fails a new-entrant safety audit. The civil penalty for failing to maintain the Part 387 levels is up to $21,114, and each day of a continuing violation is a separate offense (49 CFR Part 386, App. B ¶(d)).
How to prevent it
- Renew well before the expiration date, and confirm the new certificate is on file with FMCSA.
- Check FMCSA's Licensing & Insurance record for your USDOT number after every renewal or insurer change.
- Treat a cancellation notice as a deadline: coverage has to be replaced before the 35 days run out.
- Keep the MCS-90 (or MCS-82) at your principal place of business, where §387.7(d) requires it.
How Roadworthy HQ helps
The insurance certificate (and the MCS-90, if you keep a copy) uploads as a carrier-level record on the Documents page, with its retention period enforced. The audit binder export is a ZIP of the documents you have uploaded, sorted into sections, with a manifest. Enter the certificate's expiry date when you upload it, and Roadworthy HQ emails a reminder 60, 30, 14 and 7 days before that date, then again once it has passed.