(a) Public liability. (1) No for-hire motor carrier or foreign (Mexican) motor private carrier or foreign motor carrier transporting exempt commodities subject to Subtitle IV, part B, chapter 135 of title 49, United States Code, shall engage in interstate or foreign commerce, and no certificate shall be issued to such a carrier or remain in force unless and until there shall have been filed with and accepted by the FMCSA surety bonds, certificates of insurance, proof of qualifications as self-insurer, or other securities or agreements, in the amounts prescribed in § 387.303, conditioned to pay any final judgment recovered against such motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance or use of motor vehicles in transportation subject to Subtitle IV, part B, chapter 135 of title 49, U.S.C., or for loss of or damage to property of others, or, in the case of motor carriers of property operating freight vehicles described in § 387.303(b)(2), for environmental restoration. Passenger motor carriers exempt under § 387.27 of this part are not subject to this limitation on transportation or required to file evidence of financial responsibility.
(2) Motor Carriers of property which are subject to the conditions set forth in paragraph (a)(1) of this section and transport the commodities described in § 387.303(b)(2), are required to obtain security in the minimum limits prescribed in § 387.303(b)(2).
(b) Household goods motor carriers-cargo insurance. No household goods motor carrier subject to subtitle IV, part B, chapter 135 of title 49 of the U.S. Code shall engage in interstate or foreign commerce, nor shall any certificate be issued to such a household goods motor carrier or remain in force unless and until there shall have been filed with and accepted by the FMCSA, a surety bond, certificate of insurance, proof of qualifications as a self-insurer, or other securities or agreements in the amounts prescribed in § 387.303, conditioned upon such carrier making compensation to individual shippers for all property belonging to individual shippers and coming into the possession of such carrier in connection with its transportation service. The terms “household goods motor carrier” and “individual shipper” are defined in § 375.103 of this subchapter.
(c) Continuing compliance required. Such security as is accepted by the FMCSA in accordance with the requirements of section 13906 of title 49 of the U.S. Code, shall remain in effect at all times.
[48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49941, Sept. 24, 1997; 75 FR 35328, June 22, 2010; 81 FR 63709, Oct. 21, 2015; 81 FR 49554, July 28, 2016; 83 FR 22877, May 17, 2018]
Effective Date Note:At 82 FR 5307, Jan. 17, 2017, § 387.301 was suspended, effective Jan. 14, 2017.
Notes of Decisions
Cited in
18
cases (
5 in the last 5 years), 1998–2024 · leading case:
Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019).
Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019).
· cites it 2× “§ 31139 (b)(2); 49 C.F.R. § 387.301 (a), and Carolina Cas.”
Pierre v. Providence Washington Ins., 784 N.E.2d 52 (NY 2002).
· cites it 2× “te or permit shall be issued to such a carrier * * * unless and until there shall have been filed with and accepted by the FMCSA [Federal Motor Carrier Safety Administration] *240 surety bonds, certificates of insurance, proof of qualifications as self-insurer, or other…”
Lyons v. Lancer Ins., 681 F.3d 50 (2d Cir. 2012).
“103 , referred to in 49 C.F.R. § 387.301 (b), whereas regulations applicable to “Motor Carriers of Passengers,” see, e.”
Carolina Cas. Ins. v. Yeates, 584 F.3d 868 (10th Cir. 2009).
“To satisfy this insurance requirement, most interstate trucking companies obtain a specific endorsement to one or more of their insurance policies— the MCS-90 endorsement — which guarantees payment of minimum amounts, as set forth in the regulations, to an injured member of the…”
Armstrong v. United States Fire Ins., 606 F. Supp. 2d 794 (E.D. Tenn. 2009).
“” 49 C.F.R. § 387.301 (a). The same language is then carried forward to the MCS-90 which provides that the insurer “agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in…”
Pierre v. Providence Washington Ins., 286 A.D.2d 139 (N.Y. App. Div. 2001).
“accepted by the Commission surety bonds, certificates of insurance * * * conditioned to pay any final judgment recovered against such motor carrier for bodily injuries to or death of any person resulting from the negligent operation, maintenance or use of motor vehicles in…”
GREAT WEST CAS. v. Gen. Cas. Co. of Wisconsin, 734 F. Supp. 2d 718 (D. Minnesota 2010).
“49 C.F.R. § 387.301 (a)(1). When a motor carrier meets its financial responsibility obligations by obtaining insurance, it must file a Form BMC 91X Certificate of Liability Insurance with the Federal Highway Administration and use an MCS-90 endorsement with the certified policy.”
Fireman's Fund Ins. v. Empire Fire & Marine Ins., 152 F. Supp. 2d 687 (E.D. Pa. 2001).
“Moreover, all authorized carriers must maintain insurance or other form of surety "conditioned to pay any final judgment recovered against such motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor…”
Universal Am-Can, Ltd. v. Workers' Comp. Appeal Bd., 706 A.2d 400 (Pa. Commw. Ct. 1998).
“49 C.F.R. § 387.301 (a). Similar to the federal regulation grant of control to a motor carrier lessee operating under an ICC permit, Pennsylvania law confers the same power, control and responsibility upon a carrier lessee operating equipment under a DOT permit.”
MacDougall v. Hartford Ins. Grp., 61 Va. Cir. 181 (2003).
“§ 31139 , 49 C.F.R. 387.301, which requires certain freight vehicles to provide insurance of at least $750,000.”
— 49 C.F.R. § 387.301(a)(1) — 1 case
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