Introduction
The MCS-90 endorsement is one means by which an interstate motor
carrier can demonstrate compliance with minimum financial
requirements established by federal statute and regulations. The
application of this endorsement by the courts, however, has caused
a great deal of confusion and debate. This paper will address the
MCS-90 endorsement; when and how it applies; and other specific
issues arising thereunder.
The Motor Carrier Act of 1980
Congress passed the Motor Carrier Act of 1980 (the
"MCA") which, in addition to deregulating the trucking
industry and reducing barriers to entry, addressed safety issues
and financial responsibility for trucking accidents.1 In
particular, there was concern regarding the growing use of leased
or borrowed vehicles by motor carriers to avoid financial
responsibility for accidents occurring during transport in
interstate commerce.2 Accordingly, in order for a
"motor carrier" to operate as such, the MCA requires
proof
