49 C.F.R. § 387.9

Financial responsibility, minimum levels

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The minimum levels of financial responsibility referred to in § 387.7 are hereby prescribed as follows:

Table 1 to § 387.9—Schedule of Limits—Public Liability
Type of carriage	Commodity transported	January 1, 1985
(1) For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds)	Property (nonhazardous)	$750,000
(2) For-hire and Private (In interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds)	Hazardous substances, as defined in 49 CFR 171.8, transported in bulk in cargo tanks, portable tanks, or hopper-type vehicles; in bulk Division 1.1, 1.2 or 1.3 materials; in bulk Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material, in bulk Division 2.1 or 2.2 material; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403	5,000,000
(3) For-hire and Private (In interstate or foreign commerce, in any quantity; or in intrastate commerce, in bulk only; with a gross vehicle weight rating of 10,001 or more pounds)	Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, or hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in entry (2) or (4) of this table	1,000,000
(4) For-hire and Private (In interstate or foreign commerce, with a gross vehicle weight rating of less than 10,001 pounds)	In bulk Division 1.1, 1.2, or 1.3 material; in bulk Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403	5,000,000

[86 FR 57071, Oct. 14, 2021, as amended at 88 FR 80183, Nov. 17, 2023; 91 FR 45660, July 21, 2026]

Notes of Decisions

Cited in 43 cases (9 in the last 5 years), 1982–2026 · leading case: Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019).

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Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019). · cites it 2× “§ 31139 (b)(1)(b), (2) (2012); see 49 C.F.R. § 387.9 (adopting minimum levels of financial responsibility).”

Am. Inter-Fid. Exch. v. Am. Re-Ins. Co., 17 F.3d 1018 (7th Cir. 1994). · cites it 2× “49 C.F.R. § 387.9 . The Secretary has devised a standard form of endorsement for insurance policies that complies with the regulations.”

Dep't of Transp. v. Initial Transp. Inc., 740 N.W.2d 720 (Mich. Ct. App. 2007). · cites it 12× “49 CFR 387.9. A violation of the rules is punishable by a "civil penalty of no more than $11,000 for each violation.”

Carolina Cas. Ins. v. Yeates, 584 F.3d 868 (10th Cir. 2009). “The schedule of limits, attached as the second page of Carolina Casualty’s MCS-90 endorsement, delineates the same limits contained in 49 C.F.R. § 387.9 . R., App. at 80 (containing table with limits as prescribed by the FMCSA regulations).”

Hilburn v. Enerpipe, Ltd., 370 P.3d 428 (Kan. Ct. App. 2016). · cites it 2× “§ 31139 (b) (2012); 49 C.F.R. § 387.9 (2015). *557 The minimum level of insurance is even higher for those motor carriers transporting hazardous material.”

GREAT WEST CAS. v. Gen. Cas. Co. of Wisconsin, 734 F. Supp. 2d 718 (D. Minnesota 2010). · cites it 3× “§ 31139 (b)(2); 49 C.F.R. § 387.9 . Under the Federal Motor Carrier Safety Regulation, a motor carrier may demonstrate proof of financial responsibility in one of three manners: (1) “Endorsement(s) for Motor Carrier Policies of Insurance for Public Liability Under Sections 29…”

Nat'l Specialty Ins. v. Martin-Vegue, 644 F. App'x 900 (11th Cir. 2016). “49 C.F.R. § 387.9 . They must further establish proof of that responsibility in one of three ways: “(1) by an MCS-90 endorsement, (2) by a surety bond, or (3) by self-insurance.”

Castro v. Budget Rent-A-Car Sys., Inc., 65 Cal. Rptr. 3d 430 (Cal. Ct. App. 2007). “( 49 C.F.R. § 387.9 (2006).) Title 49 United States Code section 13102 contains a series of definitions applicable to, inter alia, interstate motor carriers.”

Casper v. Am. Int'l South Ins., 2010 WI App 2 (Wis. Ct. App. 2009). · cites it 2× “See 49 C.F.R. § 387.9 (1) (2009). The parties agree that $750,000 is the statutory minimum applicable in this case.”

Elmore v. Kelly, 889 So. 2d 1173 (La. Ct. App. 2004). · cites it 8× “The plaintiffs also alleged that in accordance with 49 C.F.R. § 387.9 of the Federal Motor Carrier Safety Regulations, American and Scottsdale were aware that they had a duty to provide Houston Trucking with a minimum of $750,000 in insurance coverage.”

Herrod v. Wilshire Ins. Co., 499 F. App'x 753 (10th Cir. 2012). “§ 31139 (b)(2); 49 C.F.R. § 387.9 . 3 . The MCS-90 endorsement, set forth in 49 C.”

Lyles v. FTL Ltd., 339 F. Supp. 3d 570 (2018). “( See ECF No. 32 at 10-11.) However, this argument discounts the nature of the trucking agreement between K & K and FTL and the settlement under the K & K policy.”

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— 49 C.F.R. § 387.9(3) — 1 case

Dep't of Transp. v. Initial Transp. Inc., 740 N.W.2d 720 (Mich. Ct. App. 2007). “49 CFR 387.9. A violation of the rules is punishable by a "civil penalty of no more than $11,000 for each violation.”

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