Trucking insurance in Delaware

Delaware intrastate trucking insurance requirements

Delaware adopts the federal motor carrier rules as state law, including Part 387 and 49 CFR Parts 390 through 397 (Delaware Code Title 21 Chapter 47). An amendment to 49 CFR 390.3 in state law extends these rules to intrastate commerce as well as interstate travel. Hauling that begins and ends inside Delaware is what intrastate commerce means.

Vehicles or combinations used intrastate are outside these adopted rules when their gross weight or gross vehicle weight rating is 26,000 lbs or less. Still, federal rules reach lighter intrastate trucks in 2 cases: hauling hazardous materials that need markings or placards, and operating vehicles that seat 16 or more persons.

For other trucks used intrastate, registration minimums from the Delaware DMV apply when the weight is 26,000 lbs or less. Liability of 25/50/10 is required, along with personal injury protection: $15,000 for each person hurt and $30,000 for each accident. Funeral expenses get up to $5,000 under that coverage (Delaware Auto Insurance Guide). An agent who handles commercial truck insurance can verify your truck's weight ratings, which helps you buy the right limit.

Keeping your Delaware trucking insurance active

Delaware does not accept out-of-state insurance to title and register vehicles. State rules accept only liability policies issued by insurers authorized in Delaware; your coverage must remain in force for as long as your registration is valid, even if the truck sits idle. Always hand your license plates over to the DMV first; cancel insurance on an active registration only after that.

When the DMV audits you, your insurer has to send Delaware Insurance Certification Form FR-19 by email or fax (Delaware DMV Insurance FAQs). Strict penalties apply if coverage lapses:

An agent who writes Delaware truck policies makes sure your insurer sends Form FR-19 promptly when an audit happens.

• Audit penalty of $100 per vehicle for a lapse of 1 to 30 days, plus $5 daily once 30 days pass
• Reinstatement fee of $50 per registration after a suspension, with lapse fees added
• The fine for a 1st uninsured offense is $1,500; repeat offenses within 3 years cost $3,000. Registration suspension follows, plus 6 months without your driver's license or your driving privileges.

Do federal limits apply to Delaware commercial truck insurance?

Federal insurance minimums apply when you haul for hire across state lines or run intrastate in Delaware over 26,000 lbs (49 CFR 387.9). Proof of liability goes to the FMCSA from your insurer on Form BMC-91 or BMC-91X, or through a BMC-82 bond (FMCSA Insurance Filing Requirements). Form BMC-91X is filed electronically, and it's what activates your federal authority.

When every vehicle in a fleet is under 10,001 lbs, federal minimums begin at $300,000; for heavier general freight, they begin at $750,000 (49 CFR 387.303). Even so, brokers such as C.H. Robinson expect $1,000,000 in auto liability plus $100,000 for cargo. We suggest asking a trucking insurance agent to quote the legal minimum as well as the $1,000,000 broker limit.

Operation and cargo type	Minimum coverage
Delaware registration: intrastate 26,000 lbs or less, non-hazmat	25/50/10 liability plus $15,000/$30,000 PIP
Property fleet for hire with only vehicles under 10,001 lbs	$300,000 liability
For-hire non-hazardous property, 10,001 lbs or more	$750,000 liability
For-hire placarded hazardous materials, oil, or hazardous waste	$1,000,000 liability
For-hire or private loads of radioactive materials, poison gas, explosives, or hazardous substances in bulk	$5,000,000 liability
C.H. Robinson broker requirement	$1,000,000 auto liability and $100,000 cargo

Opening IRP and IFTA accounts in Dover

The Delaware DMV's Motor Carrier Services Section takes care of IRP and IFTA collection, audit, and compliance, along with UCR filings and Heavy Highway Use Tax returns filed on Form 2290 (Delaware Motor Carrier Services).

New accounts and new vehicles are seen by appointment only at the office in the Public Safety Building at 303 Transportation Circle, Dover, DE 19901. Call 302-744-2702 to schedule. Afterward, send IFTA returns by mail or online; IRP renewals can go by email, by fax, by mail, or online. Your Dover appointment stays easy when a commercial truck insurance agent has already given you the policy binder.

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