§FMCSR.com
Current textSource: eCFR

§ 387.323 Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations.

Current wording, effective October 14, 2021.

eCFR (current) ↗
What changedOct. 1, 2016 wording → Oct. 14, 2021 wording (current)+118 added−458 removedHide

Link(a) toInsurers anmust amendmentelectronically publishedfile atforms 78BMC FR 5265134, Aug.BMC 2335, 2013.
Link
BMC to a delay published at 80 FR 6370236, Oct.BMC 2182, 2015.
Link
BMC to an amendment published at 80 FR 6371083, Oct.BMC 2184, 2015.
Link
BMC to a delay published at 81 FR 4955385, JulyBMC 2891, 2016.
(a)
and InsurersBMC may,91X at their option and in accordance with the requirements and procedures set forth in paragraphs (ab) through (d) of this section, file forms BMC 34, BMC 35, BMC 36, BMC 82, BMC 83, BMC 84, BMC 85, BMC 91, and BMC 91X electronically, in lieu of using the prescribed printed forms.
(b) Each insurer must obtain authorization to file electronically by registering with the FMCSA. An individual account number and password for computer access will be issued to each registered insurer.
(c) Filings may be transmitted online via the Internetinternet at: httphttps://fhwa-li-public.volpefmcsa.dot.gov or via American Standard Code Information Interchange .
(ASCIId). All ASCIIregistered transmissioninsurers mustagree beto infurnish fixedupon format,request i.e.,to all records must have the sameFMCSA numbera ofcopy fields and same length. The record layouts for ASCII electronic transactions are described in the following table:
Electronic Insurance Filing Transactions
Field name
Number
of positions
Description
Required
F
any =policy filing
C = cancel
B = both
Start field
End field
Record type 1 Numeric 1 = Filing
2 = Cancellation B 1 1
Insurer number 8 Text FMCSA Assigned Insurer Number
(Homeor Officepolicies) Withand Suffixall (Issuingcertificates Office)of insurance, If Differentendorsements, e.g.surety 12345-01 B 2 9
Filing
bonds, type 1trust Numeric 1fund =agreements, BI&PD
2
proof =of Cargo
3
qualification =to Bond
4
self-insure = Trust Fund B 10 10
FMCSA docket number 8 Text FMCSA Assigned MC
or FFother Number,insurance efilings.g., MC000045 B 11 18
Insured[80 legalFR name 12063710, Text LegalOct. Name B 19 138
Insured
21, d/b/a name 60 Text Doing Business As Name If Different From Legal Name B 139 1982015]
InsuredEffective address 35Date Text Either street or mailing address B 199 233Note:
InsuredAt city 3082 Text B 234 263
Insured
FR state 2 Text B 264 265
Insured zip code 9 Numeric (Do not include dash if using 9 digit code) B 266 274
Insured country 2 Text (Will default to US) B 275 276
Form code 10 Text BMC-91
5308, BMC-91X,Jan. BMC-3417, BMC-352017, etc B 277 286
Full, primary or excess coverage 1 Text If BMC-91X, P or E = indicator of primary or excess policy; 1 = Full under
§ 387.303(b)(1);323 2was =suspended, Fulleffective underJan. §14, 3872017.303(b)(2) F 287 287
Limit
ofAt liability 586 Numeric $FR in57072, Thousands F 288 292
Underlying
Oct. limit14, of2021, liability 5 Numeric $ in Thousands (will default to $000 if Primary) F 293 297
Effective date 8 Text MM/DD/YY Format for both Filing or Cancellation B 298 305
Policy number 25 Text Surety companies may enter bond number B 306 330
(d) All registered insurers agree to furnish upon request to
the FMCSAsuspension awas duplicatelifted original of any policy (or policies) and allan endorsements,amendment suretywas bond,made trustto fund§ agreement, or other filing387.
[60 FR 16810, Apr
323. 3,In 1995,that assame amended at 62 FR 49942document, Sept§ 387.323 24,was 1997;again 66suspended FR 49873, Octindefinitely. 1, 2001]

(a) Insurers must electronically file forms BMC 34, BMC 35, BMC 36, BMC 82, BMC 83, BMC 84, BMC 85, BMC 91, and BMC 91X in accordance with the requirements and procedures set forth in paragraphs (b) through (d) of this section.

(b) Each insurer must obtain authorization to file electronically by registering with the FMCSA. An individual account number and password for computer access will be issued to each registered insurer.

(c) Filings may be transmitted online via the internet at: https://li-public.fmcsa.dot.gov.

(d) All registered insurers agree to furnish upon request to the FMCSA a copy of any policy (or policies) and all certificates of insurance, endorsements, surety bonds, trust fund agreements, proof of qualification to self-insure or other insurance filings.

[80 FR 63710, Oct. 21, 2015]

Effective Date Note:

At 82 FR 5308, Jan. 17, 2017, § 387.323 was suspended, effective Jan. 14, 2017. At 86 FR 57072, Oct. 14, 2021, the suspension was lifted and an amendment was made to § 387.323. In that same document, § 387.323 was again suspended indefinitely.

Amendment history

6 distinct wordings on file since Oct. 1, 1998
  1. [80 FR 63710, Oct. 21, 2015]
  2. [80 FR 63710, Oct. 21, 2015]
  3. [60 FR 16810, Apr. 3, 1995, as amended at 62 FR 49942, Sept. 24, 1997; 66 FR 49873, Oct. 1, 2001]
  4. [60 FR 16810, Apr. 3, 1995, as amended at 62 FR 49942, Sept. 24, 1997; 66 FR 49873, Oct. 1, 2001]
  5. [60 FR 16810, Apr. 3, 1995, as amended at 62 FR 49942, Sept. 24, 1997; 66 FR 49873, Oct. 1, 2001]
  6. Oct. 1, 1998 → Oct. 1, 2001annual editions 1998–2000
    [60 FR 16810, Apr. 3, 1995, as amended at 62 FR 49942, Sept. 24, 1997]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.