C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 387—MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS › Subpart A—Motor Carriers of Property

49 C.F.R. § 387.3

Applicability

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(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 subpart 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 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 subpart 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 subpart 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; 73 FR 76496, Dec. 16, 2008; 83 FR 22876, May 17, 2018]
Notes of Decisions
Cited in 41 cases (8 in the last 5 years), 1988–2026 · leading case: Martinez v. Empire Fire & Marine Ins. Co.
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Martinez v. Empire Fire & Marine Ins. Co. (2016) conn · cites it 19× “Third, contrary to the Appellate Court’s conclusion, the plain language of 49 C.F.R. § 387.3 (a) indicates that the Secretary of Transportation did not intend that a trip-specific approach be applied to determine whether a motor carrier was operating ‘‘ ‘for-hire’ ’’ within the…”
Canal Insurance v. Coleman (2010) ca5 · cites it 3× “See 49 C.F.R. §§ 387.3 , 387.7. The endorsement creates a suretyship, which obligates an insurer to pay certain judgments against the insured arising from interstate commerce activities, even though the insurance contract would have otherwise excluded coverage.”
BRUNSON EX REL. BRUNSON v. Canal Ins. Co. (2007) scd · cites it 6× “49 C.F.R. §§ 387.3 (a)(b), 387.7(a). Specifically, the Secretary prescribed that for-hire motor carriers who transport non-hazardous property in interstate commerce must maintain a minimum level of financial responsibility of $750,000.”
Howard v. Quality Xpress, Inc. (1999) nmctapp · cites it 3× “” 49 C.F.R. §§ 387.3 (a), 387.7(d)(1) (1998); see generally Jackson v.”
Herrod v. Wilshire Insurance Company (2012) ca10 · cites it 3× “49 C.F.R. § 387.3 . The MCS-90 endorsement constitutes such proof of requisite financial responsibility under the MCA.”
R.T. Vanderbilt Co. v. Hartford Accident & Indemnity Co. (2017) connappct “§ 387 , a 1981 federal regulation mandating that transporters of "hazardous materials, hazardous substances, or hazardous wastes"; 49 C.F.R. § 387.3 (b) ; be able to demonstrate sufficient financial responsibility for the environmental consequences of any accidents resulting…”
Grange Indemnity Insurance v. Burns (2016) gactapp · cites it 2× “) 49 CFR § 387.3 (a)-(b). As the trial court notes, there is a split of authority in the federal courts regarding whether a MCS-90 endorsement applies to an accident caused by an interstate carrier during an intrastate trip carrying nonhazardous materials.”
Castro v. Budget Rent-A-Car System, Inc. (2007) calctapp · cites it 2× “) 6 The financial responsibility regulations apply to (i) “for-hire motor carriers operating motor vehicles transporting property in interstate or foreign commerce” ( 49 C.F.R. § 387.3 (a) (2006), italics added); and (ii) “motor carriers operating motor vehicles transporting…”
Canal Insurance v. YMV Transport, Inc. (2011) wawd · cites it 2× “” 49 C.F.R. § 387.3 . Since there is no evidence that the Bering truck was transporting hazardous material, the central issue for the Court is whether YMV is a “for-hire motor carrier.”
Illinois Central Railroad v. Dupont (2003) ca5 “, regulations which arguably implement section 31119 and contain the MCS-90 endorsement, state that they apply to (1) carriers transporting certain hazardous materials and "for-hire motor carriers,” (2) operating in interstate or foreign commerce, and (3) weighing over 10,000…”
Empire Fire and Marine Ins. Co. v. Liberty Mutual Ins. Co. (1997) mdctspecapp “; 49 C.F.R. § 387.3 (c)(1). Like its I.C.C.”
Armstrong v. United States Fire Insurance (2009) tned “” 49 C.F.R. § 387.3 . The regulations require proof of the required financial responsibility by one of three methods.”
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