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PART 387—MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS
Section Contents Subpart A—Motor Carriers of Property
Subpart B—Motor Carriers of Passengers
Subpart C—Surety Bonds and Policies of Insurance for Motor Carriers and Property Brokers
Subpart D—Surety Bonds and Policies of Insurance for Freight Forwarders
Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, and 31139; and 49 CFR 1.73. Editorial Note: Nomenclature changes to part 387 appear at 66 FR 49873, Oct. 1, 2001. Subpart A—Motor Carriers of Property§ 387.1 Purpose and scope.
This subpart prescribes the minimum levels of financial responsibility required to be maintained by motor carriers of property operating motor vehicles in interstate, foreign, or intrastate commerce. The purpose of these regulations is to create additional incentives to motor carriers to maintain and operate their vehicles in a safe manner and to assure that motor carriers maintain an appropriate level of financial responsibility for motor vehicles operated on public highways. [46 FR 30982, June 11, 1981, as amended at 48 FR 52683, Nov. 21, 1983] § 387.3 Applicability.
(a) This subpart applies to for-hire motor carriers operating motor vehicles transporting property in interstate or foreign commerce. (b) This subpart applies to motor carriers operating motor vehicles transporting hazardous materials, hazardous substances, or hazardous wastes in interstate, foreign, or intrastate commerce. (c) Exception. (1) The rules in this part do not apply to a motor vehicle that has a gross vehicle weight rating (GVWR) of less than 10,000 pounds. This exception does not apply if the vehicle is used to transport any quantity of a Division 1.1, 1.2, or 1.3 material, any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A, or to a highway route controlled quantity of a Class 7 material as it is defined in 49 CFR 173.403, in interstate or foreign commerce. (2) The rules in this part do not apply to the transportation of non-bulk oil, non-bulk hazardous materials, substances, or wastes in intrastate commerce, except that the rules in this part do apply to the transportation of a highway route controlled quantity of a Class 7 material as defined in 49 CFR 173.403, in intrastate commerce. [46 FR 30982, June 11, 1981; 46 FR 45612, Sept. 14, 1981, as amended at 48 FR 5559, Feb. 7, 1983; 48 FR 52683, Nov. 21, 1983; 49 FR 38290, Sept. 28, 1984; 59 FR 63923, Dec. 12, 1994] § 387.5 Definitions.
As used in this subpart— Accident includes continuous or repeated exposure to the same conditions resulting in public liability which the insured neither expected nor intended. Bodily injury means injury to the body, sickness, or disease including death resulting from any of these. Cancellation of insurance the withdrawal of insurance coverage by either the insurer or the insured. Endorsement an amendment to an insurance policy. Environmental restoration restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measure taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. Evidence of security a surety bond or a policy of insurance with the appropriate endorsement attached. Financial responsibility the financial reserves (e.g., insurance policies or surety bonds) sufficient to satisfy liability amounts set forth in this subpart covering public liability. For-hire carriage means the business of transporting, for compensation, the goods or property of another. In bulk—the transportation, as cargo, of property, except Division 1.1, 1.2, or 1.3 materials, and Division 2.3, Hazard Zone A gases, in containment systems with capacities in excess of 3500 water gallons. In bulk (Division 1.1, 1.2, and 1.3 explosives)—the transportation, as cargo, of any Division 1.1, 1.2, or 1.3 materials in any quantity. In bulk (Division 2.3, Hazard Zone A or Division 6.1, Packing Group I, Hazard Zone A materials)—the transportation, as cargo, of any Division 2.3, Hazard Zone A, or Division 6.1, packing Group I, Hazard Zone A material, in any quantity. Insured and principal—the motor carrier named in the policy of insurance, surety bond, endorsement, or notice of cancellation, and also the fiduciary of such motor carrier. Insurance premium the monetary sum an insured pays an insurer for acceptance of liability for public liability claims made against the insured. Motor carrier means a for-hire motor carrier or a private motor carrier. The term includes, but is not limited to, a motor carrier's agent, officer, or representative; an employee responsible for hiring, supervising, training, assigning, or dispatching a driver; or an employee concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. Property damage means damage to or loss of use of tangible property. Public liability liability for bodily injury or property damage and includes liability for environmental restoration. State means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. [46 FR 30982, June 11, 1981; 46 FR 45612, Sept. 14, 1981; 47 FR 12801, Mar. 25, 1982, as amended at 48 FR 52683, Nov. 21, 1983; 51 FR 33856, Sept. 23, 1986; 53 FR 12160, Apr. 13, 1988; 59 FR 63923, Dec. 12, 1994; 62 FR 16709, Apr. 8, 1997; 63 FR 33275, June 18, 1998] § 387.7 Financial responsibility required.
(a) No motor carrier shall operate a motor vehicle until the motor carrier has obtained and has in effect the minimum levels of financial responsibility as set forth in §387.9 of this subpart. (b)(1) Policies of insurance, surety bonds, and endorsements required under this section shall remain in effect continuously until terminated. Cancellation may be effected by the insurer or the insured motor carrier giving 35 days' notice in writing to the other. The 35 days' notice shall commence to run from the date the notice is mailed. Proof of mailing shall be sufficient proof of notice. (2) Exception. Policies of insurance and surety bonds may be obtained for a finite period of time to cover any lapse in continuous compliance. (3) Exception. A Mexico-domiciled motor carrier operating solely in municipalities in the United States on the U.S.-Mexico international border or within the commercial zones of such municipalities with a Certificate of Registration issued under part 368 may meet the minimum financial responsibility requirements of this subpart by obtaining insurance coverage, in the required amounts, for periods of 24 hours or longer, from insurers that meet the requirements of §387.11 of this subpart. A Mexican motor carrier so insured must have available for inspection in each of its vehicles copies of the following documents: (i) The Certificate of Registration; (ii) The required insurance endorsement (Form MCS–90); and (iii) An insurance identification card, binder, or other document issued by an authorized insurer which specifies both the effective date and the expiration date of the temporary insurance coverage authorized by this exception. Mexician motor carriers insured under this exception are also exempt from the notice of cancellation requirements stated on Form MCS–90. (c) Policies of insurance and surety bonds required under this section may be replaced by other policies of insurance or surety bonds. The liability of the retiring insurer or surety, as to events after the termination date, shall be considered as having terminated on the effective date of the replacement policy of insurance or surety bond or at the end of the 35 day cancellation period required in paragraph (b) of this section, whichever is sooner. (d) Proof of the required financial responsibility shall be maintained at the motor carrier's principal place of business. The proof shall consist of— (1) “Endorsement(s) for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980” (Form MCS–90) issued by an insurer(s); (2) A “Motor Carrier Surety Bond for Public Liability Under Section 30 of the Motor Carrier Act of 1980” (Form MCS–82) issued by a surety; or (3) A written decision, order, or authorization of the Federal Motor Carrier Safety Administration authorizing a motor carrier to self-insure under §387.309, provided the motor carrier maintains a satisfactory safety rating as determined by the Federal Motor Carrier Safety Administration under part 385 of this chapter. (e) The proof of minimum levels of financial responsibility required by this section shall be considered public information and be produced for review upon reasonable request by a member of the public. (f) All vehicles operated within the United States by motor carriers domiciled in a contiguous foreign country, shall have on board the vehicle a legible copy, in English, of the proof of the required financial responsibility (Form MCS–90 or MCS–82) used by the motor carrier to comply with paragraph (d) of this section. (g) Any motor vehicle in which there is no evidence of financial responsibility required by paragraph (f) of this section shall be denied entry into the United States. [46 FR 30982, June 11, 1981; 46 FR 45612, Sept. 14, 1981, as amended at 48 FR 5559, Feb. 7, 1983; 48 FR 52683, Nov. 21, 1983; 51 FR 22083, June 18, 1986; 54 FR 49092, Nov. 29, 1989; 59 FR 63923, Dec. 12, 1994; 67 FR 12661, Mar. 19, 2002] § 387.9 Financial responsibility, minimum levels.
The minimum levels of financial responsibility referred to in §387.7 of this subpart are hereby prescribed as follows: |
Schedule of Limits_Public Liability
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Type of carriage Commodity transported Jan. 1, 1985
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(1) For-hire (In interstate or foreign Property (nonhazardous)......................... $750,000
commerce, with a gross vehicle weight rating
of 10,001 or more pounds).
(2) For-hire and Private (In interstate, Hazardous substances, as defined in 49 CFR 5,000,000
foreign, or intrastate commerce, with a gross 171.8, transported in cargo tanks, portable
vehicle weight rating of 10,001 or more tanks, or hopper-type vehicles with capacities
pounds). in excess of 3,500 water gallons; or in bulk
Division 1.1, 1.2, and 1.3 materials, Division
2.3, Hazard Zone A, or Division 6.1, Packing
Group I, Hazard Zone A material; in bulk
Division 2.1 or 2.2; or highway route
controlled quantities of a Class 7 material, as
defined in 49 CFR 173.403.
(3) For-hire and Private (In interstate or Oil listed in 49 CFR 172.101; hazardous waste, 1,000,000
foreign commerce, in any quantity; or in hazardous materials, and hazardous substances
intrastate commerce, in bulk only; with a defined in 49 CFR 171.8 and listed in 49 CFR
gross vehicle weight rating of 10,001 or more 172.101, but not mentioned in (2) above or (4)
pounds). below.
(4) For-hire and Private (In interstate or Any quantity of Division 1.1, 1.2, or 1.3 5,000,000
foreign commerce, with a gross vehicle weight material; any quantity of a Division 2.3,
rating of less than 10,000 pounds). Hazard Zone A, or Division 6.1, Packing Group
I, Hazard Zone A material; or highway route
controlled quantities of a Class 7 material as
defined in 49 CFR 173.403.
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Motor Carrier Public Liability Surety Bond Under Sections 29 and 30 of the Motor Carrier Act of 1980
Motor carrier
Surety company and principal, FMCSA Docket
Parties principal place of No. and principal place
business address of business
....................... ....................... .......................
....................... ....................... .......................
....................... ....................... .......................
....................... ....................... .......................
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Effective dates
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Vehicle seating capacity Nov. 19, Nov. 19,
1983 1985
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(1) Any vehicle with a seating capacity of 16 $2,500,000 $5,000,000
passengers or more.............................
(2) Any vehicle with a seating capacity of 15 750,000 1,500,000
passengers or less \1\.........................
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\1\ Except as provided in § 387.27(b).
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Transportation Minimum
Kind of equipment provided limits
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Fleet including only vehicles under Commodities not $300,000
10,000 pounds GVWR. subject to §
387.303(b)(2).
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(ii) Passenger carriers |
Kind of Equipment
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Effective dates
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Vehicle seating capacity Nov. 19, Nov. 19,
1983 1985
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(1) Any vehicle with a seating capacity of 16 $2,500,000 $5,000,000
passengers or more...........................
(2) Any vehicle with a seating capacity of 15 750,000 1,500,000
passengers or less...........................
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(2) Motor carriers subject to §387.301(a)(2) are required to have security for the required minimum limits as follows: |
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July 1, July 1,
Kind of equipment Commodity transported 1983* 1984*
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(a) Freight Vehicles of 10,001 Pounds or Property (non-hazardous).................... $500,000 $750,000
More GVWR.
(b) Freight Vehicles of 10,001 Pounds or Hazardous substances, as defined in § 1,000,000 5,000,000
More GVWR. 171.8, transported in cargo tanks, portable
tanks, or hopper-type vehicles with
capacities in excess of 3,500 water
gallons, or in bulk Class A or B
explosives, poison gas (Poison A) liquefied
compressed gas or compressed gas, or
highway route controlled quantity
radioactive materials as defined in §
173.455.
(c) Freight Vehicles of 10,001 Pounds or Oil listed in § 172.101; hazardous 500,000 1,000,000
More GVWR. waste, hazardous materials and hazardous
substances defined in § 171.8 and
listed in § 172.101, but not mentioned
in (b) above or (d) below.
(d) Freight Vehicles Under 10,001 Pounds Any quantity of Class A or B explosives; any 1,000,000 5,000,000
GVWR. quantity of poison gas (Poison A); or
highway route controlled quantity
radioactive materials as defined in §
173.455.
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*Note: The effective date of the current required minimum limit in § 387.303(b)(2) was January 6, 1983, in
accordance with the requirements of Pub. L. 97-424, 96 Stat. 2097.
Electronic Insurance Filing Transactions
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Required
Field name Number of positions Description F=filing Start End
C=cancel B=both field field
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Record type..................... 1 Numeric.......... 1=Filing B 1 1
2=Cancellation.....
Insurer number.................. 8 Text............. FMCSA Assigned B 2 9
Insurer Number
(Home Office) With
Suffix (Issuing
Office), If
Different, e.g.
12345-01.
Filing type..................... 1 Numeric.......... 1 = BI&PD B 10 10
2 = Cargo..........
3 = Bond...........
4 = Trust Fund.....
FMCSA docket number............. 8 Text............. FMCSA Assigned MC B 11 18
or FF Number,
e.g., MC000045.
Insured legal name.............. 120 Text........... Legal Name......... B 19 138
Insured d/b/a name.............. 60 Text............ Doing Business As B 139 198
Name If Different
From Legal Name.
Insured address................. 35 Text............ Either street or B 199 233
mailing address.
Insured city.................... 30 Text............ ................... B 234 263
Insured state................... 2 Text............. ................... B 264 265
Insured zip code................ 9 Numeric (Do not include B 266 274
dash if using 9
digit code).
Insured country................. 2 Text............. (Will default to B 275 276
US).
Form code....................... 10 Text............ BMC-91, BMC-91X, B 277 286
BMC-34, BMC-35,
etc.
Full, primary or excess coverage 1 Text............. If BMC-91X, P or E F 287 287
= indicator of
primary or excess
policy; 1 = Full
under §
387.303(b)(1); 2 =
Full under §
387.303(b)(2).
Limit of liability.............. 5 Numeric.......... $ in Thousands..... F 288 292
Underlying limit of liability... 5 Numeric.......... $ in Thousands F 293 297
(will default to
$000 if Primary).
Effective date.................. 8 Text............. MM/DD/YY Format for B 298 305
both Filing or
Cancellation.
Policy number................... 25 Text............ Surety companies B 306 330
may enter bond
number.
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File Type | application/msword |
File Title | Electronic Code of Federal Regulations: |
Author | herman.dogan |
Last Modified By | herman.dogan |
File Modified | 2010-06-17 |
File Created | 2010-06-17 |