FMCSA’s Insurance Backlog Leaves 20,884 Carriers Unquoted
A review found 20,884 of 23,708 pending FMCSA applications lacked liability-insurance certificates, exposing new carriers to a 20-day clock, dismissal and another $300.
By Olivia Hart
4 min read
What's News
- Oct. 26: 23,708 operating-authority applications were pending at FMCSA, one record per authority type.
- 22,636 applications, or 95%, had an empty liability-insurance field; 20,884 motor carriers remained after broker and freight-forwarder exclusions.
- Oct. 23: 42% of the remaining pool also lacked a Form BOC-3 process-agent designation.
- 49 CFR 365.109T sets a 20-day filing period, followed by 60 additional days before FMCSA dismissal.
- Reapplying after dismissal under the same docket number costs another $300.
On Oct. 26, Olivia Hart found 20,884 motor carriers among 23,708 pending Federal Motor Carrier Safety Administration operating-authority applications with no liability-insurance certificate on file. They cannot obtain authority, and the $300 fee they paid does not come back.
Hart’s review counted one record per authority type. Of 23,708 records, 22,636, or 95%, had an empty liability-insurance field. Hart excluded brokers and freight forwarders, which file a bond or trust fund instead; 20,884 motor carriers remained stalled on Form BMC-91 or BMC-91X.
Form BMC-91 or BMC-91X certifies that liability coverage is in force. No applicant can file it. Only the insurer can, once the policy is bound.
On an Oct. 23 second pass, 42% of that carrier pool also lacked a process-agent designation on Form BOC-3. The form names the person who accepts legal papers for the carrier. When both fields were missing, Hart said, no qualified person had started the file in her experience.
The public file updates every morning. Hart said few agents who could work the file had ever opened it, and the empty field does not reveal which mismatch stopped underwriting.
The immediate bottleneck is proof of coverage, not price.
Why does the standard market say no before price?
Hart said a first-year company with no policy behind it is not quoted and bound as a matter of routine. The programs that consider it compare the submission with the carrier’s own FMCSA record before anyone discusses rate. Her own book of business produced four screens that end most of these files.
- Geography. The policy state, the state where the truck is garaged and the state on the driver’s commercial driver’s license must agree. Hart cited owner-operators who formed the company in one state and park the truck in another, a pattern she said includes many first-generation immigrant carriers.
- License date. Most programs look closely at a recently issued CDL, and some also want proof of time driving the same class of truck the applicant will run.
- Claims. If the company held a policy before, the underwriter wants its loss runs, and some want them dated within the past 30 days. One open claim on those runs closes the standard channel.
- Equipment. A car hauler, a hotshot pickup, a refrigerated trailer and a cargo van are underwritten as four separate risks. Hart said the equipment type decides whether any market will take the file at all.
The public file shows none of these underwriting details. It shows only the empty insurance field.
The first commercial question is whether a carrier qualifies for standard underwriting, not what it will pay.
What happens when the 20-day deadline passes?
Under 49 CFR 365.109T, both the insurance filing and the process-agent designation are due 20 days after the application’s publication date in FMCSA’s daily Register. If a carrier misses that deadline, FMCSA serves a notice allowing 60 more days, then dismisses the application. Dismissal means starting over, and reapplying under the same docket number costs $300 again.
Applicants usually cannot see that clock. In Motus, the registration portal FMCSA opened to registrants in May, a pending carrier sees one line: “A financial responsibility filing is required.” The date the 20-day period began appears in the Register and in a letter FMCSA mails that day. Hart said most applicants read neither.
The clock starts in a document most applicants do not read.
Why do repeated rejections leave carriers stuck?
The producer who rejects an applicant in two minutes does not see the federal clock or the carrier’s full file. The caller may have a truck payment due, a federal case aging toward dismissal and no idea which screen stopped the application. The next insurance agency will give the same two minutes, Hart said, because no one has opened the FMCSA record, fixed whatever on it does not match the application or explained what the first payment will look like.
Without a record review, another quick refusal only repeats the original unanswered rejection.
Is “unquoted” the same as “uninsurable”?
Hart drew a sharp distinction: “Unquoted is a status. Uninsurable is a verdict.” She said the latter requires a producer to read the FMCSA record, match it to the application and place the file before an underwriter who writes new ventures. Of the new ventures that came to Hart believing they had been declined, most had never actually been declined; they were unquoted.
The practical next step for the 20,884 carriers is a corrected FMCSA file and a new-venture underwriter’s review. Until that work happens, repeated two-minute rejections will not establish whether the businesses are insurable.
Source: insurancejournal.com
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Staff writer covering people, launches and day-to-day practice in entrepreneurship, startups and venture funding at Business Bearings.
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