49 C.F.R. § 387.29

Definitions

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As used in this subpart—

Accident means 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.

Endorsement means an amendment to an insurance policy.

Financial responsibility means 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, passengers and their property, including any compensated transportation of the goods or property or another.

Insured and principal means 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 means 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. 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 means liability for bodily injury or property damage.

Seating capacity means any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats. Any bench or split bench seat in a passenger car, truck or multi-purpose passenger vehicle with a gross vehicle weight rating less than 10,000 pounds, having greater than 50 inches of hip room (measured in accordance with SEA Standards J1100(a)) shall have not less than three designated seating positions, unless the seat design or vehicle design is such that the center position cannot be used for seating.

[48 FR 52683, Nov. 21, 1983, as amended at 63 FR 33276, June 18, 1998; 78 FR 58482, Sept. 24, 2013]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2012–2021 · leading case: Trustgard Ins. Co. v. Sharon Collins, 942 F.3d 195 (4th Cir. 2019).

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Trustgard Ins. Co. v. Sharon Collins, 942 F.3d 195 (4th Cir. 2019). “§ 13102 (14); 49 C.F.R. § 387.29 . It could be only one or, at least theoretically, up to three motor carriers (Brown, McWilliams, and Murray).”

Lyons v. Lancer Ins., 681 F.3d 50 (2d Cir. 2012). “, 49 C.F.R. § 387.29 , do not mention or otherwise refer to shippers.”

Philadelphia Indem. Ins. Co. v. Bogel (Del. Super. Ct. 2021). · cites it 2× “mean the motor carrier named in the endorsement or surety bond? Guidance: Yes, under 49 CFR 387.29, “insured and principal” is defined as the “motor carrier in the policy of insurance, surety bond, endorsement, or notice of cancellation, and also the fiduciary of such motor…”

Mary J. Moore v. Bi-State Dev. Agency d/b/a Metro (Mo. Ct. App. 2019). “” 49 C.F.R. Part 387.29. The rules 5 Because Bi-State is an interstate compact agency, we mention that Illinois similarly adopted a state statute providing for the application of federal safety regulations to Bi-State for the operation of its rail fixed guideway public…”

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