BMC-84 surety bonds and BMC-85 lines of credit have some things in common, but it�s important to understand their differences. Learn more about these bonds below, and contact Single Source Insurance today to speak with an agent regarding your bonding needs or to apply for a bond.
What Are They?
The U.S. government, specifically the Federal Motor Carrier Safety Administration, or FMCSA (an agency of the Department of Transportation), gives freight brokers and freight forwarders two options for meeting its $75,000 requirement for funds to cover possible claims made against them by shippers or carriers. Meeting this requirement is a condition for obtaining and keeping a license to operate legally within the United States. The two options are:
- A surety bond (known as BMC-84) in the amount of $75,000.
- A trust (BMC-85) secured by $75,000 in cash, an irrevocable letter or credit or line of credit, or a combination of cash and LOC
The names �BMC-84� and �BMC-85� come from the names of the forms that must be filed with the FMCSA.
BMC-84 and BMC-85 solutions do not protect a freight broker or freight forwarder from liability. There is liability insurance for that purpose. Rather, BMC-84 and BMC-85 instruments protect truckers and shippers against nonpayment by freight brokers or forwarders that owe them money.
What Are BMC-84 and BMC-85 Surety Bonds?
Since BMC-84 or BMC-85 coverage for claims is a federal licensing requirement, purchasing it is mandatory for freight brokers and forwarders doing business in the United States. Because BMC-85�s require a large amount of cash, smaller freight brokers and carriers typically opt for the BMC-84 surety bond instead.
How Do They Work?
A BMC-84 bond works like other surety bonds that are categorized as license and permit bonds. There are three parties involved in the surety bond agreement:
- The obligee that requires the purchase of a bond (FMCSA)
- The principal required to purchase a bond (the freight broker or forwarder)
- The company that issues the bond (the surety)
The bond obligates the principal to abide by all applicable laws and industry standards, including payment of fees owed to truckers and shippers. Failure to comply with the terms of a BMC-84 bond related to payment of transportation fees can result in a trucker or shipper filing a claim against the bond.
The surety will investigate each claim and make sure it is valid and then try to negotiate a settlement with the claimant. If no settlement is reach, the surety will pay the claim on behalf of the principal, but the principal must subsequently reimburse the surety. An indemnification clause in the surety bond contract makes the principal solely responsible for paying valid claims.
The main difference for freight brokers and forwarders who establish a BMC-85 trust instead of purchasing a BMC-84 surety bond is that the cash or LOC needed to pay claims is already held in the trust and is used for direct claims payments by the trust company to truckers and shippers with valid nonpayment claims.
What Do They Cost?
The annual premium payment for a BMC-84 bond is a small percentage of the required $75,000 bond amount. The surety sets that percentage based largely on the applicant�s credit score. For people with acceptable credit, the premium rate will typically be from 1% to 5%. People with serious credit challenges can still get a bond but may pay a higher premium rate.
If you choose the BMC-85 option, in addition to funding the required trust with $75,000 up front, you�ll also pay an annual administrative fee to the bank or trust company. This fee is generally in the neighborhood of $1,500 per year.
Get Bonded Today
If you�ve decided that a BMC-84 bond is right for you, apply online today with Single Source Insurance. Our experienced agents can also help to discuss your needs so you can decide between a BMC-84 and BMC-85.