DOT 49 CFR PART 387-2010 MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS.pdf

1、303 Federal Motor Carrier Safety Administration, DOT Pt. 387 rate for the transportation or service. De-parting, or offering to depart, from that pub-lished or filed rate is a violation of 49 U.S.C. 14902 and 14903. (21) A person (i) Who knowingly and willfully fails, in violation of a contract, to

2、deliver to, or un-load at, the destination of a shipment of household goods in interstate commerce for which charges have been estimated by the motor carrier transporting such goods, and for which the shipper has tendered a pay-ment in accordance with part 375, subpart G of this chapter, is liable f

3、or a civil penalty of not less than $10,000 for each violation. Each day of a continuing violation constitutes a separate offense. (ii) Who is a carrier or broker and is found to be subject to the civil penalties in para-graph (i) of this appendix may also have his or her carrier and/or broker regis

4、tration sus-pended for not less than 12 months and not more than 36 months under 49 U.S.C. chapter 139. Such suspension of a carrier or broker shall extend to and include any carrier or broker having the same ownership or oper-ational control as the suspended carrier or broker. (h) Copying of record

5、s and access to equip-ment, lands, and buildings. A person subject to 49 U.S.C. chapter 51 or a motor carrier, broker, freight forwarder, or owner or oper-ator of a commercial motor vehicle subject to part B of subtitle VI of title 49 U.S.C. who fails to allow promptly, upon demand, the Federal Moto

6、r Carrier Safety Administra-tion or an employee designated by the Fed-eral Motor Carrier Safety Administration to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property, in accordance with 49 U.S.C. 504(c), 5121(c), and 14122(b), is subject to a civil pena

7、lty of not more than $1,000 for each offense. Each day of a continuing violation constitutes a separate offense, except that the total of all civil penalties against any vi-olator for all offenses related to a single vio-lation shall not exceed $10,000. 63 FR 12414, Mar. 13, 1998, as amended at 65 F

8、R 7756, Feb. 16, 2000; 67 FR 61821, Oct. 2, 2002; 68 FR 15383, Mar. 31, 2003; 69 FR 39371, June 30, 2004; 70 FR 28486, May 18, 2005; 72 FR 36789, July 5, 2007; 72 FR 55102, Sept. 28, 2007 PART 387MINIMUM LEVELS OF FI-NANCIAL RESPONSIBILITY FOR MOTOR CARRIERS Subpart AMotor Carriers of Property Sec.

9、387.1 Purpose and scope. 387.3 Applicability. 387.5 Definitions. 387.7 Financial responsibility required. 387.9 Financial responsibility, minimum levels. 387.11 State authority and designation of agent. 387.13 Fiduciaries. 387.15 Forms. 387.17 Violation and penalty. Subpart BMotor Carriers of Passen

10、gers 387.25 Purpose and scope. 387.27 Applicability. 387.29 Definitions. 387.31 Financial responsibility required. 387.33 Financial responsibility, minimum levels. 387.35 State authority and designation of agent. 387.37 Fiduciaries. 387.39 Forms. 387.41 Violation and penalty. Subpart CSurety Bonds a

11、nd Policies of Insurance for Motor Carriers and Prop-erty Brokers 387.301 Surety bond, certificate of insur-ance, or other securities. 387.303 Security for the protection of the public: Minimum limits. 387.305 Combination vehicles. 387.307 Property broker surety bond or trust fund. 387.309 Qualifica

12、tions as a self-insurer and other securities or agreements. 387.311 Bonds and certificates of insurance. 387.313 Forms and procedures. 387.315 Insurance and surety companies. 387.317 Refusal to accept, or revocation by the FMCSA of surety bonds, etc. 387.319 Fiduciaries. 387.321 Operations in foreig

13、n commerce. 387.323 Electronic filing of surety bonds, trust fund agreements, certificates of in-surance and cancellations. Subpart DSurety Bonds and Policies of Insurance for Freight Forwarders 387.401 Definitions. 387.403 General requirements. 387.405 Limits of liability. 387.407 Surety bonds and

14、certificates of in-surance. 387.409 Insurance and surety companies. 387.411 Qualifications as a self-insurer and other securities or agreements. 387.413 Forms and procedure. 387.415 Acceptance and revocation by the FMCSA. 387.417 Fiduciaries. 387.419 Electronic filing of surety bonds, certificates o

15、f insurance and cancella-tions. AUTHORITY: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, 31139, and 31144; and 49 CFR 1.73. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00313 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo repr

16、oduction or networking permitted without license from IHS-,-,-304 49 CFR Ch. III (10110 Edition) 387.1 EDITORIAL NOTE: Nomenclature changes to part 387 appear at 66 FR 49873, Oct. 1, 2001. Subpart AMotor Carriers of Property 387.1 Purpose and scope. This subpart prescribes the minimum levels of fina

17、ncial responsibility re-quired to be maintained by motor car-riers of property operating motor vehi-cles in interstate, foreign, or intrastate commerce. The purpose of these regu-lations is to create additional incen-tives to motor carriers to maintain and operate their vehicles in a safe manner and

18、 to assure that motor carriers maintain an appropriate level of finan-cial 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 vehi

19、-cles transporting property in interstate or foreign commerce. (b) This subpart applies to motor car-riers operating motor vehicles trans-porting hazardous materials, hazardous substances, or hazardous wastes in interstate, foreign, or intrastate com-merce. (c) Exception. (1) The rules in this part

20、do not apply to a motor vehicle that has a gross vehicle weight rating (GVWR) of less than 10,001 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 Gr

21、oup I, Hazard Zone A, or to a highway route controlled quantity of a Class 7 mate-rial 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, sub-stances, or wastes in intrast

22、ate com-merce, 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 5

23、2683, Nov. 21, 1983; 49 FR 38290, Sept. 28, 1984; 59 FR 63923, Dec. 12, 1994; 73 FR 76496, Dec. 16, 2008 387.5 Definitions. As used in this subpart Accident includes continuous or re-peated exposure to the same conditions resulting in public liability which the insured neither expected nor intended.

24、 Bodily injury means injury to the body, sickness, or disease including death resulting from any of these. Cancellation of insurance the with-drawal of insurance coverage by either the insurer or the insured. Endorsement an amendment to an in-surance policy. Environmental restoration restitution for

25、 the loss, damage, or destruction of natural resources arising out of the ac-cidental discharge, dispersal, release or escape into or upon the land, atmos-phere, watercourse, or body of water of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of nece

26、ssary measure taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wild-life. Evidence of security a surety bond or a policy of insurance with the appro-priate endorsement attached. Financial responsibility the financial reserves (e.g., insurance polici

27、es or sur-ety bonds) sufficient to satisfy liability amounts set forth in this subpart cov-ering public liability. For-hire carriage means the business of transporting, for compensation, the goods or property of another. In bulkthe transportation, as cargo, of property, except Division 1.1, 1.2, or

28、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 explo-sives)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

29、 or Division 6.1, Packing Group I, Hazard Zone A materials)the transportation, VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00314 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without lic

30、ense from IHS-,-,-305 Federal Motor Carrier Safety Administration, DOT 387.7 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 principalthe motor car-rier named in the policy of insurance, surety bond, endorsement, or

31、 notice of cancellation, and also the fiduciary of such motor carrier. Insurance premium the monetary sum an insured pays an insurer for accept-ance 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 in

32、cludes, but is not limited to, a motor carriers agent, officer, or rep-resentative; an employee responsible for hiring, supervising, training, as-signing, or dispatching a driver; or an employee concerned with the installa-tion, inspection, and maintenance of motor vehicle equipment and/or acces-sor

33、ies. Property damage means damage to or loss of use of tangible property. Public liability liability for bodily in-jury or property damage and includes liability for environmental restoration. State means a State of the United States, the District of Columbia, Puer-to Rico, the Virgin Islands, Ameri

34、can Samoa, Guam, and the Northern Mar-iana 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 332

35、75, June 18, 1998 387.7 Financial responsibility re-quired. (a) No motor carrier shall operate a motor vehicle until the motor carrier has obtained and has in effect the min-imum levels of financial responsibility as set forth in 387.9 of this subpart. (b)(1) Policies of insurance, surety bonds, and

36、 endorsements required under this section shall remain in ef-fect continuously until terminated. Cancellation may be effected by the in-surer or the insured motor carrier giv-ing 35 days notice in writing to the other. The 35 days notice shall com-mence to run from the date the notice is mailed. Pro

37、of of mailing shall be suf-ficient 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 mu-nicipalities in the United States

38、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 responsi-bility requirements of this subpart by obtaining insurance coverage, in the required amounts, for periods of

39、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 inspec-tion in each of its vehicles copies of the following documents: (i) The Certificate of Registration; (ii) The required insurance endorse-ment (For

40、m MCS90); 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 cov-erage authorized by this exception. Mexician motor carriers insured under this exception are

41、also exempt from the notice of cancellation requirements stated on Form MCS90. (c) Policies of insurance and surety bonds required under this section may be replaced by other policies of insur-ance or surety bonds. The liability of the retiring insurer or surety, as to events after the termination d

42、ate, 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 pe-riod required in paragraph (b) of this section, whichever is sooner. (d) Proof of the required financial re-sponsibility shall be main

43、tained at the motor carriers principal place of busi-ness. The proof shall consist of (1) Endorsement(s) for Motor Car-rier Policies of Insurance for Public Li-ability 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

44、 Public Liability Under Section 30 of the Motor Carrier Act of 1980 (Form MCS82) issued by a surety; or VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00315 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or network

45、ing permitted without license from IHS-,-,-306 49 CFR Ch. III (10110 Edition) 387.9 (3) A written decision, order, or au-thorization of the Federal Motor Car-rier Safety Administration authorizing a motor carrier to self-insure under 387.309, provided the motor carrier maintains a satisfactory safet

46、y rating as determined by the Federal Motor Carrier Safety Administration under part 385 of this chapter. (e)(1) 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 t

47、he public. (2) In addition to maintaining proof of financial responsibility as required by paragraph (d) of this section, non- North America-domiciled private and for-hire motor carriers shall file evi-dence of financial responsibility with FMCSA in accordance with the require-ments of subpart C of

48、this part. (f) All vehicles operated within the United States by motor carriers domi-ciled in a contiguous foreign country, shall have on board the vehicle a leg-ible copy, in English, of the proof of the required financial responsibility (Form MCS90 or MCS82) used by the motor carrier to comply wit

49、h para-graph (d) of this section. (g) Any motor vehicle in which there is no evidence of financial responsi-bility 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; 73 FR