FMCSA Ruling

Bulletin – Wednesday, February 16, 2011

The Federal Motor Carrier Safety Administration (FMCSA) has ruled that all Cargo Endorsements BMC-32 and all Cargo Filings BMC-34 will expire on March 21, 2011. Motor carriers of general commodities will no longer be required to have a filing to operate in interstate commerce, although household good carriers will continue to need the filing. The last day to issue the BMC 32 and 34 for a General Freight Common Carrier is March 20, 2011. These are not required as of March 21, 2011.

What is the impact of this ruling? According to the FMCSA, insurance companies will not report cancellations of BMC-34 filings to the FMCSA; these filings will merely expire on March 21, 2011. Likewise, Endorsements BMC-32 will not be removed by endorsement/cancellation from the policies to which they are attached; they will also merely expire on March 21, 2011. The FMCSA has advised insurers that there is no immediate need to cancel existing filing.

The FMCSA has added a new paragraph (f) to both Sec. 387.313 and to Sec. 387.413. The new paragraphs serve as notice to the public that any valid form BMC-32 endorsements and BMC-34 certificates of insurance (filings) will expire on March 21, 2011. The Licensing and Insurance website will continue to display the expired filings until March 2013 to facilitate identification of the insurance providers for cargo claims that occurred prior to March 21, 2011

Cargo filings required by State Regulatory Bodies are not impacted by this ruling. All state cargo filings will remain in effect. State specific filings will continue to be required when and where appropriate to the operation of specific trucking companies.

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