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e-CFR data is current as of September 17, 2020

Title 49Subtitle BChapter IIISubchapter BPart 387Subpart C → §387.303t


Title 49: Transportation
PART 387—MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS
Subpart C—Surety Bonds and Policies of Insurance for Motor Carriers and Property Brokers


§387.303T   Security for the protection of the public: Minimum limits.

(a) Definitions. (1) Primary security means public liability coverage provided by the insurance or surety company responsible for the first dollar of coverage.

(2) Excess security means public liability coverage above the primary security, or above any additional underlying security, up to and including the required minimum limits set forth in paragraph (b)(2) of this section.

(b)(1) Motor carriers subject to §387.301T(a)(1) are required to have security for the required minimum limits as follows:

(i) Small freight vehicles.

Kind of equipmentTransportation
provided
Minimum
limits
Fleet including only vehicles under 10,001 pounds (4,536 kilograms) GVWRProperty (non-hazardous)$300,000

(ii) Passenger carriers.

Passenger Carriers: Kind of Equipment

Vehicle seating capacityMinimum
limits
(A) Any vehicle with a seating capacity of 16 passengers or more (including the driver)$5,000,000
(B) Any vehicle designed or used to transport 15 passengers or less (including the driver) for compensation1,500,000

(2) Motor carriers subject to §387.301T(a)(2) are required to have security for the required minimum limits as follows:

Kind of equipmentCommodity transportedMinimum
limits
(i) Freight vehicles of 10,001 pounds (4,536 kilograms) or more GVWRProperty (non-hazardous)$750,000
(ii) Freight vehicles of 10,001 (4,536 kilograms) pounds or more GVWRHazardous substances, as defined in §171.8 of this title, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons, or in bulk explosives Division 1,1, 1.2 and 1.3 materials. Division 2.3, 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 §173.403 of this title5,000,000
(iii) Freight vehicles of 10,001 pounds (4,536 kilograms) or more GVWROil listed in §172.101 of this title; hazardous waste, hazardous materials and hazardous substances defined in §171.8 of this title and listed in §172.101 of this title, but not mentioned in paragraph (b)(2)(ii) or paragraph (b)(2)(iv) of this section1,000,000
(iv) Freight vehicles under 10,001 pounds (4,536 kilograms) GVWRAny quantity of 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 material; or highway route controlled quantities of Class 7 material as defined in §173.455 of this title5,000,000

(3) Motor carriers subject to the minimum limits governed by this section, which are also subject to Department of Transportation limits requirements, are at no time required to have security for more than the required minimum limits established by the Secretary of Transportation in the applicable provisions of this part.

(4) Foreign motor carriers and foreign motor private carriers. Foreign motor carriers and foreign motor private carriers (Mexican), subject to the requirements of 49 U.S.C. 13902(c) and 49 CFR part 368 regarding obtaining certificates of registration from the FMCSA, must meet our minimum financial responsibility requirements by obtaining insurance coverage, in the required amounts, for periods of 24 hours or longer, from insurance or surety companies, that meet the requirements of §387.315. These carriers must have available for inspection, in each vehicle operating in the United States, 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 insurance coverage.

(5) Notwithstanding the provisions of §387.301T(a)(1), the filing of evidence of insurance is not required as a condition to the issuance of a certificate of registration. Further, the reference to continuous coverage at §387.313T(a)(6) and the reference to cancellation notice at §387.313T(d) are not applicable to these carriers.

(c) Household goods motor carriers: Cargo liability. Security required to compensate individual shippers for loss or damage to property belonging to them and coming into the possession of household goods motor carriers in connection with their transportation service:

(1) For loss of or damage to household goods carried on any one motor vehicle—$5,000; and

(2) For loss of or damage to or aggregate of losses or damages of or to household goods occurring at any one time and place—$10,000.

[82 FR 5307, Jan. 17, 2017, as amended at 83 FR 22877, May 17, 2018; 84 FR 51433, Sept. 30, 2019]

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