49 CFR Part 387 — Minimum Levels of Financial Responsibility for Motor Carriers

PART 387—MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138, 31139; sec. 204(a), Pub. L. 104-88, 109 Stat. 803, 941; and 49 CFR 1.87. Editorial Note: Nomenclature changes to part 387 appear at 66 FR 49872, Oct. 1, 2001. Subpart A—Motor Carriers of Property § 387.1 Purpose and scope. This subpart prescribes the minimum levels of financial responsibility required to be maintained by motor carriers of property operating motor vehicles in interstate, foreign, or intrastate commerce. The purpose of these regulations is to create additional incentives to motor carriers to maintain and operate their vehicles in a safe manner and to assure that motor carriers maintain an appropriate level of financial responsibility for motor vehicles operated on public highways. [46 FR 30982, June 11, 1981, as amended at 48 FR 52683, Nov. 21, 1983] § 387.3 Applicability. (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. (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] § 387.5 Definitions. As used in this subpart— Accident Bodily injury Cancellation of insurance Endorsement Environmental restoration Evidence of security Financial responsibility For-hire carriage In bulk In bulk (Division 1.1, 1.2, and 1.3 explosives) In bulk (Division 2.3, Hazard Zone A or Division 6.1, Packing Group I, Hazard Zone A materials) Insured and principal Insurance premium Motor carrier Property damage Public liability State [46 FR 30982, June 11, 1981; 46 FR 45612, Sept. 14, 1981; 47 FR 12801, Mar. 25, 1982, as amended at 48 FR 52683, Nov. 21, 1983; 51 FR 33856, Sept. 23, 1986; 53 FR 12160, Apr. 13, 1988; 59 FR 63923, Dec. 12, 1994; 62 FR 16709, Apr. 8, 1997; 63 FR 33275, June 18, 1998; 78 FR 58482, Sept. 24, 2013] § 387.7 Financial responsibility required. (a) No motor carrier shall operate a motor vehicle until the motor carrier has obtained and has in effect the minimum levels of financial responsibility as set forth in § 387.9 of this subpart. (b)(1) Policies of insurance, surety bonds, and endorsements required under this section shall remain in effect continuously until terminated. Cancellation may be effected by the insurer or the insured motor carrier giving 35 days' notice in writing to the other. The 35 days' notice shall commence to run from the date the notice is transmitted. Proof of transmission shall be sufficient proof of notice. (2) Exception. (3) Exception. (ii) A Mexican motor carrier so insured must have available for inspection in each of its vehicles copies of the following documents: (A) The Certificate of Registration; (B) The required insurance endorsement (Form MCS-90); and (C) 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 temporary insurance coverage authorized by this exception. (iii) Mexican motor carriers insured under this exception are also exempt from the notice of cancellation requirements stated on Form MCS-90. (c) Policies of insurance and surety bonds required under this section may be replaced by other policies of insurance or surety bonds. The liability of the retiring insurer or surety, as to events after the termination date, shall be considered as having terminated on the effective date of the replacement policy of insurance or surety bond or at the end of the 35 day cancellation period required in paragraph (b) of this section, whichever is sooner. (d) Proof of the required financial responsibility shall be maintained at the motor carrier's principal place of business. The proof shall consist of— (1) “Endorsement(s) for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980” (Form MCS-90) issued by an insurer(s); (2) A “Motor Carrier Surety Bond for Public Liability Under Section 30 of the Motor Carrier Act of 1980” (Form MCS-82) issued by a surety; or (3) A written decision, order, or authorization of the Federal Motor Carrier Safety Administration authorizing a motor carrier to self-insure under § 387.309, provided the motor carrier maintains a satisfactory safety rating as determined by the Federal Motor Carrier Safety Administration under part 385 of this chapter. (e)(1) The proof of minimum levels of financial responsibility required by this section shall be considered public information and be produced for review upon reasonable request by a member of the public. (2) In addition to maintaining proof of financial responsibility as required by paragraph (d) of this section, non-North America-domiciled private and for-hire motor carriers shall file evidence of financial responsibility with FMCSA in accordance with the requirements of subpart C of this part. (f) All vehicles operated within the United States by motor carriers domiciled in a contiguous foreign country, shall have on board the vehicle a legible copy, in English, of the proof of the required financial responsibility (Form MCS-90 or MCS-82) used by the motor carrier to comply with paragraph (d) of this section. (g) Any motor vehicle in which there is no evidence of financial responsibility required by paragraph (f) of this section shall be denied entry into the United States. [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; 51 FR 22083, June 18, 1986; 54 FR 49092, Nov. 29, 1989; 59 FR 63923, Dec. 12, 1994; 67 FR 12661, Mar. 19, 2002; 73 FR 76496, Dec. 16, 2008; 83 FR 16226, Apr. 16, 2018; 83 FR 22876, May 17, 2018] § 387.9 Financial responsibility, minimum levels. 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] § 387.11 State authority and designation of agent. A policy of insurance or surety bond does not satisfy the financial responsibility requirements of this subpart unless the insurer or surety furnishing the policy or bond is— (a) Legally authorized to issue such policies or bonds in each State in which the motor carrier operates; or (b) Legally authorized to issue such policies or bonds in the State in which the motor carrier has its principal place of business or domicile, and is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction of the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates; or (c) Legally authorized to issue such policies or bonds in any State of the United States and eligible as an excess or surplus lines insurer in any State in which business is written, and is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction of the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates. (d) A Canadian insurance company legally authorized to issue a policy of insurance in the Province or Territory of Canada in which the Canadian motor carrier has its principal place of business or domicile, and that is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction over the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates. [46 FR 30982, June 11, 1981, as amended at 48 FR 52683, Nov. 21, 1983; 75 FR 38430, July 2, 2010] § 387.13 Fiduciaries. The coverage of fiduciaries shall attach at the moment of succession of such fiduciaries. [46 FR 30982, June 11, 1981] § 387.15 Forms. Endorsements for policies of insurance (Form MCS-90) and surety bonds (Form MCS-82) must be in the form prescribed by the FMCSA and approved by the OMB. Endorsements to policies of insurance and surety bonds shall specify that coverage thereunder will remain in effect continuously until terminated, as required in § 387.7 of this subpart. The continuous coverage requirement does not apply to Mexican motor carriers insured under § 387.7(b)(3) of this subpart. The endorsement and surety bond shall be issued in the exact name of the motor carrier. The Forms MCS-82 and MCS-90 are available from the FMCSA website at http://www.fmcsa.dot.gov/mission/forms. [83 FR 16226, Apr. 16, 2018] § 387.17 Violation and penalty. Any person (except an employee who acts without knowledge) who knowingly violates the rules of this subpart shall be liable to the United States for a civil penalty as stated in part 386, appendix B, of this chapter, and if any such violation is a continuing one, each day of violation will constitute a separate offense. The amount of any such penalty shall be assessed by FMCSA's Administrator, by written notice. In determining the amount of such penalty, the Administrator, or his/her authorized delegate shall take into account the nature, circumstances, extent, the gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior violations, ability to pay, and any effect on ability to continue to do business, and such other matters as justice may require. [80 FR 18158, Apr. 3, 2015] § 387.19 Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations. (a) Insurers of exempt for-hire motor carriers, as defined in § 390.5 of this subchapter, and private motor carriers that transport hazardous materials in interstate commerce that are registered with FMCSA on September 30, 2016, must file certificates of insurance, surety bonds, and other securities and agreements with FMCSA by April 14, 2017. Insurers of all other exempt for-hire motor carriers, as defined in § 390.5 of this subchapter, and private motor carriers that transport hazardous materials in interstate commerce must file certificates of insurance, surety bonds, and other securities and agreements with FMCSA at the time of the application for registration. These filings must be made electronically in accordance with the requirements and procedures set forth at § 387.323. (b) The requirements of this section do not apply to motor carriers excepted under § 387.7(b)(3). [80 FR 63708, Oct. 21, 2015; 81 FR 49554, July 28, 2016] Effective Date Note: At 82 FR 5307, Jan. 17, 2017, § 387.19 was suspended, effective Jan. 14, 2017. Subpart B—Motor Carriers of Passengers Source: 48 FR 52683, Nov. 21, 1983, unless otherwise noted. § 387.25 Purpose and scope. This subpart prescribes the minimum levels of financial responsibility required to be maintained by for-hire motor carriers of passengers operating motor vehicles in interstate or foreign commerce. The purpose of these regulations is to create additional incentives to carriers to operate their vehicles in a safe manner and to assure that they maintain adequate levels of financial responsibility. § 387.27 Applicability. (a) This subpart applies to for-hire motor carriers transporting passengers in interstate or foreign commerce. (b) Exception. (1) A motor vehicle transporting only school children and teachers to or from school; (2) A motor vehicle providing taxicab service and having a seating capacity of less than 7 passengers and not operated on a regular route or between specified points; (3) A motor vehicle carrying less than 16 individuals in a single daily round trip to commute to and from work; and (4) A motor vehicle operated by a motor carrier under contract providing transportation of preprimary, primary, and secondary students for extracurricular trips organized, sponsored, and paid by a school district. [48 FR 52683, Nov. 21, 1983, as amended at 63 FR 33275, June 18, 1998] § 387.29 Definitions. As used in this subpart— Accident Bodily injury Endorsement Financial responsibility For-hire carriage Insured and principal Insurance premium Motor carrier Property damage Public liability Seating capacity [48 FR 52683, Nov. 21, 1983, as amended at 63 FR 33276, June 18, 1998; 78 FR 58482, Sept. 24, 2013] § 387.31 Financial responsibility required. (a) No motor carrier shall operate a motor vehicle transporting passengers until the motor carrier has obtained and has in effect the minimum levels of financial responsibility as set forth in § 387.33 of this subpart. (b) Policies of insurance, surety bonds, and endorsements required under this section shall remain in effect continuously until terminated. (1) Cancellation may be effected by the insurer or the insured motor carrier giving 35 days' notice in writing to the other. The 35 days' notice shall commence to run from the date the notice is transmitted. Proof of transmission shall be sufficient proof of notice. (2) Exception. (3) Exception. (i) The required insurance endorsement (Form MCS-90B); and (ii) 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 temporary insurance coverage authorized by this exception. Mexican motor carriers insured under this exception are also exempt from the notice of cancellation requirements stated on Form MCS-90B. (c) Policies of insurance and surety bonds required under this section may be replaced by other policies of insurance or surety bonds. The liability of retiring insurer or surety, as to events after the termination date, shall be considered as having terminated on the effective date of the replacement policy of insurance or surety bond or at the end or the 35 day cancellation period required in paragraph (b) of this section, whichever is sooner. (d) Proof of the required financial responsibility shall be maintained at the motor carrier's principal place of business. The proof shall consist of— (1) “Endorsement(s) for Motor Carriers of Passengers Policies of Insurance for Public Liability Under Section 18 of the Bus Regulatory Reform Act of 1982” (Form MCS-90B) issued by an insurer(s); or (2) A “Motor Carrier of Passengers Surety Bond for Public Liability Under Section 18 of the Bus Regulatory Reform Act of 1982” (Form MCS-82B) issued by a surety. (e)(1) The proof of minimum levels of financial responsibility required by this section shall be considered public information and be produced for review upon reasonable request by a member of the public. (2) In addition to maintaining proof of financial responsibility as required by paragraph (d) of this section, non-North America-domiciled private and for-hire motor carriers shall file evidence of financial responsibility with FMCSA in accordance with the requirements of subpart C of this part. (f) All passenger carrying vehicles operated within the United States by motor carriers domiciled in a contiguous foreign country, shall have on board the vehicle a legible copy, in English, of the proof of the required financial responsibility (Forms MCS-90B or MCS-82B) used by the motor carrier to comply with paragraph (d) of this section. (g) Any motor vehicle in which there is no evidence of financial responsibility required by paragraph (f) of this section shall be denied entry into the United States. [48 FR 52683, Nov. 21, 1983, as amended at 50 FR 7062, Feb. 20, 1985; 54 FR 49092, Nov. 29, 1989; 60 FR 38743, July 28, 1995; 73 FR 76496, Dec. 16, 2008; 83 FR 16226, Apr. 16, 2018] § 387.33 Financial responsibility, minimum levels. (a) General limits. SCHEDULE OF LIMITS Public Liability For-hire motor carriers of passengers operating in interstate or foreign commerce. Vehicle seating capacity Minimum limits (1) Any vehicle with a seating capacity of 16 passengers or more, including the driver $5,000,000 (2) Any vehicle with a seating capacity of 15 passengers or less, including the driver 1,500,000 (b) Limits applicable to transit service providers. [80 FR 63709, Oct. 21, 2015, as amended at 83 FR 22876, May 17, 2018] Effective Date Note: At 82 FR 5307, Jan. 17, 2017, § 387.33 was suspended, effective Jan. 14, 2017. § 387.33T Financial responsibility, minimum levels. Except as provided in § 387.27(b), the minimum levels of financial responsibility referred to in § 387.31 are hereby prescribed as follows: SCHEDULE OF LIMITS Public Liability For-hire motor carriers of passengers operating in interstate or foreign commerce. Vehicle seating capacity Minimum limits (a) Any vehicle with a seating capacity of 16 passengers or more, including the driver $5,000,000 (b) Any vehicle with a seating capacity of 15 passengers or less, including the driver 1,500,000 [83 FR 22877, May 17, 2018] § 387.35 State authority and designation of agent. A policy of insurance or surety bond does not satisfy the financial responsibility requirements of this subpart unless the insurer or surety furnishing the policy or bond is— (a) Legally authorized to issue such policies or bonds in each State in which the motor carrier operates, or (b) Legally authorized to issue such policies or bonds in the State in which the motor carrier has its principal place of business or domicile, and is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction of the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates; or (c) Legally authorized to issue such policies or bonds in any State of the United States and eligible as an excess or surplus lines insurer in any State in which business is written, and is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction of the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates. (d) A Canadian insurance company legally authorized to issue a policy of insurance in the Province or Territory of Canada in which a Canadian motor carrier has its principal place of business or domicile, and that is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction over the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates. [48 FR 52683, Nov. 21, 1983, as amended at 75 FR 38430, July 2, 2010] § 387.37 Fiduciaries. The coverage of fiduciaries shall attach at the moment of succession of such fiduciaries. § 387.39 Forms. Endorsements for policies of insurance (Form MCS-90B) and surety bonds (Form MCS-82B) must be in the form prescribed by the FMCSA and approved by the OMB. Endorsements to policies of insurance and surety bonds shall specify that coverage thereunder will remain in effect continuously until terminated, as required in § 387.31 of this subpart. The continuous coverage requirement does not apply to Mexican motor carriers insured under § 387.31(b)(3) of this subpart. The endorsement and surety bond shall be issued in the exact name of the motor carrier. The Forms MCS-82B and MCS-90B are available from the FMCSA website at http://www.fmcsa.dot.gov/mission/forms. [83 FR 16226, Apr. 16, 2018] § 387.41 Violation and penalty. (a) Any person (except an employee who acts without knowledge) who knowingly violates the rules of this subpart shall be liable to the United States for a civil penalty as stated in part 386, appendix B, of this chapter, and if any such violation is a continuing one, each day of violation will constitute a separate offense. The amount of any such penalty shall be assessed by the Administrator or his/her designee, by written notice. (b) In determining the amount of such penalty, the Administrator or his/her designee shall take into account the nature, circumstances, extent, the gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior violations, the ability to pay, and any effect on ability to continue to do business, and such other matters as justice may require. [80 FR 18158, Apr. 3, 2015] § 387.43 Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations. (a) Insurers of for-hire motor carriers of passengers that are registered with FMCSA on September 30, 2016, must file certificates of insurance, surety bonds, and other securities and agreements with FMCSA by December 31, 2016. Insurers of all other exempt for-hire motor carriers of passengers must file certificates of insurance, surety bonds, and other securities and agreements with FMCSA at the time of the application for registration. These filings must be made electronically in accordance with the requirements and procedures set forth at § 387.323. (b) This section does not apply to motor carriers excepted under § 387.31(b)(3). Effective Date Note: At 82 FR 5307, Jan. 17, 2017, § 387.43 was suspended, effective Jan. 14, 2017. Subpart C—Surety Bonds and Policies of Insurance for Motor Carriers and Property Brokers Cross Reference: Prescribed forms relating to this part are listed in 49 CFR part 1003. Source: 32 FR 20032, Dec. 20, 1967, unless otherwise noted. Redesignated at 61 FR 54709, Oct. 21, 1996. § 387.301 Surety bond, certificate of insurance, or other securities. (a) Public liability. (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. (c) Continuing compliance required. [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. § 387.301T Surety bond, certificate of insurance, or other securities. (a) Public liability. (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 § 387.303T(b)(2), are required to obtain security in the minimum limits prescribed in § 387.303T(b)(2). (b) Household goods motor carriers-cargo insurance. (c) Continuing compliance required. [82 FR 5307, Jan. 17, 2017, as amended at 83 FR 22877, May 17, 2018] § 387.303 Security for the protection of the public: Minimum limits. (a) Definitions. Primary security (2) Excess security (b)(1) Motor carriers subject to § 387.301(a)(1) are required to have security for the required minimum limits as follows: (i) Small freight vehicles: Kind of equipment Transportation provided Minimum Fleet including only vehicles under 10,001 pounds (4,536 kilograms) GVWR Property (non-hazardous) $300,000 (ii) Passenger carriers. Passenger Carriers: Kind of Equipment Vehicle seating capacity Minimum (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 compensation 1,500,000 (iii) Limits applicable to transit service providers. (2) Motor carriers subject to § 387.301(a)(2) are required to have security for the required minimum limits as follows: Kind of equipment Commodity transported Minimum (i) Freight vehicles of 10,001 pounds (4,536 kilograms) or more GVWR Property (non-hazardous) $750,000 (ii) Freight vehicles of 10,001 (4,536 kilograms) pounds or more GVWR Hazardous 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 title 5,000,000 (iii) Freight vehicles of 10,001 pounds (4,536 kilograms) or more GVWR Oil 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 section 1,000,000 (iv) Freight vehicles under 10,001 pounds (4,536 kilograms) GVWR Any 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 title 5,000,000 (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 49 CFR Part 387—Minimum Levels of Financial Responsibility for Motor Carriers. (4) Foreign motor carriers and foreign motor private carriers. (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 § 387.301(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 § 387.313(a)(6) and the reference to cancellation notice at § 387.313(d) are not applicable to these carriers. (c) Household goods motor carriers: Cargo liability. (1) For loss of or damage to household goods carried on any one motor vehicle—$5,000, (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. [47 FR 55944, Dec. 14, 1982] Editorial Note: For Federal Register www.govinfo.gov. Effective Date Note: At 82 FR 5307, Jan. 17, 2017, § 387.303 was suspended, effective Jan. 14, 2017. At 84 FR 51433, Sept. 30, 2019, the suspension was lifted and amendments were made to § 387.303. In that same document, § 387.303 was again suspended indefinitely. § 387.303T Security for the protection of the public: Minimum limits. (a) Definitions. Primary security (2) Excess security (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 equipment Transportation Minimum Fleet including only vehicles under 10,001 pounds (4,536 kilograms) GVWR Property (non-hazardous) $300,000 (ii) Passenger carriers. Passenger Carriers: Kind of Equipment Vehicle seating capacity Minimum (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 compensation 1,500,000 (2) Motor carriers subject to § 387.301T(a)(2) are required to have security for the required minimum limits as follows: Kind of equipment Commodity transported Minimum (i) Freight vehicles of 10,001 pounds (4,536 kilograms) or more GVWR Property (non-hazardous) $750,000 (ii) Freight vehicles of 10,001 (4,536 kilograms) pounds or more GVWR Hazardous 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 title 5,000,000 (iii) Freight vehicles of 10,001 pounds (4,536 kilograms) or more GVWR Oil 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 section 1,000,000 (iv) Freight vehicles under 10,001 pounds (4,536 kilograms) GVWR Any 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 title 5,000,000 (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. (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. (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] § 387.305 Combination vehicles. The following combinations will be regarded as one motor vehicle for purposes of this part, (a) a tractor and trailer or semitrailer when the tractor is engaged solely in drawing the trailer or semitrailer, and (b) a truck and trailer when both together bear a single load. § 387.307 Property broker surety bond or trust fund. This section is effective January 16, 2026. (a) Security. (b) Acceptable assets. (c) Financial institution. (1) An insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)); (2) A commercial bank or trust company; (3) An agency or branch of a foreign bank in the United States; (4) An insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)); (5) A thrift institution (savings bank, building and loan association, credit union, industrial bank or other); (6) An insurance company; or (7) A person subject to supervision by any State or Federal bank supervisory authority. (d) Forms and Procedures. (2) Broker surety bonds and trust fund agreements in effect continuously. Surety bonds and trust fund agreements shall specify that coverage thereunder will remain in effect continuously until terminated as herein provided in paragraphs (d)(2)(i) and (d)(2)(ii) of this section. (i) Cancellation notice. (ii) Termination by replacement. (e) Immediate suspension. (i) Makes a payment, with the consent of the broker, from the surety bond or trust fund for a claim by a shipper or motor carrier that causes the surety bond or trust fund to fall below $75,000; (ii) Makes a payment in any case in which the broker does not respond within 7 business days to address the validity of the claim, and the surety provider or financial institution determines that the claim is valid, and the payment causes the surety bond or trust fund to fall below $75,000; (iii) Makes a payment due to a judgment against the broker that causes the surety bond or trust fund to fall below $75,000; or (iv) Determines that the broker is experiencing financial failure or insolvency and that the surety company or financial institution will be required to pay one or more claims pursuant to 49 U.S.C. 13906(b)(6) in an amount that will cause the surety bond or trust fund to fall below $75,000. The surety company or financial institution may make this determination when: (A) It receives one or more claims that, if paid, would reduce the balance of the trust fund or surety bond below the required minimum; (B) It has notified the broker of such claims and provided 7 business days for the broker to respond to the determination; and (C) Either the broker fails to respond within the time period provided in paragraph (e)(1)(ii) of this section, or provides a response and the surety company or financial institution nevertheless determines that the claim is legitimate and that the surety company or financial institution expects to make one or more payments on the claim from the bond or trust fund. (2) Paragraph (e)(1) of this section does not apply when a broker has filed to initiate a proceeding pursuant to Title 11 of the United States Code. (3) The notification to FMCSA must include the broker's MC number or USDOT number, a description of the reason for the notification, and either: (i) Evidence of the date a payment was made under paragraphs (e)(1)(i) through (iii) of this section and amount of such payment, or (ii) A list of currently pending claims, amounts, and evidence that the surety company or financial institution complied with the notification requirements in paragraph (e)(1) of this section. (4) The notification to FMCSA must be made within 2 business days of a payment or determination. (5) Upon notification by the surety company or financial institution in accordance with paragraphs (e)(1) through (4) of this section, FMCSA will provide written notice to the broker that its operating authority registration issued pursuant to part 365 of this chapter will be suspended within 7 business days of service of the notice unless the broker provides written evidence to FMCSA that the notification was sent in error, the surety bond or trust fund has been restored to the $75,000 amount required by this section, or the pending claims have been satisfied without the use of surety bond or trust fund assets. FMCSA will consider such evidence and provide written notice to the broker of its determination. (6) If the broker fails to respond to the notice within 7 business days of service of the notice, FMCSA will enter a suspension of the broker's authority and provide written notice to the broker that the suspension is in effect. A broker whose authority has been suspended may request that FMCSA lift the suspension by providing written evidence that the notification was sent in error; the surety bond or trust fund has been restored to the $75,000 amount required by this section; or the pending claims have been satisfied without the use of surety bond or trust fund assets. FMCSA will consider such evidence and provide written notice to the broker of its determination. (f) Financial failure or insolvency of the broker. financial failure or insolvency (2) For purposes of this provision, a filing related to the broker pursuant to Title 11 of the United States Code does not constitute financial failure or insolvency. (3) If a surety company or financial institution makes a determination as described in paragraph (f)(1) of this section, such surety company or financial institution shall initiate cancellation of the Form BMC-84 or Form BMC-85 pursuant to paragraph (d)(2)(i) of this section. (4) Upon notification by the surety company or financial institution, FMCSA will provide written notice of the cancellation in the FMCSA Register on its public website. The surety or financial institution must accept claims against the BMC-84 surety bond or BMC-85 trust fund for 60 calendar days (extended to the next business day if the final day of the period falls on a weekend or Federal holiday) following FMCSA's public notification of the financial failure or insolvency in the FMCSA Register. (5) If a surety company or financial institution notifies FMCSA of its determination pursuant to paragraph (e)(1)(iv) that a broker is experiencing financial failure or insolvency and the broker subsequently satisfies all pending claims that would have reduced the surety bond or trust fund below $75,000, the surety company or financial institution must immediately notify FMCSA that the broker is no longer experiencing financial failure or insolvency. Upon receiving evidence from the broker that the surety company or financial institution has terminated the cancellation process and reinstituted the bond or trust, or that the broker has obtained a new bond or trust from another eligible surety company or financial institution, FMCSA will promptly provide written notice in the FMCSA Register on its public website that the financial failure or insolvency has been cured. (g) Suspension of surety company or financial institution. (2) If FMCSA initiates a suspension action pursuant to paragraph (g)(1) of this section it shall provide written notice to the surety company or financial institution, provide 30 calendar days (extended to the next business day if the final day of the period falls on a weekend or Federal holiday) for the surety company or financial institution to provide evidence contesting such proposed suspension, and then render a final decision in writing. [88 FR 78672, Nov. 16, 2023, as amended at 89 FR 107026, Dec. 31, 2024; 90 FR 1908, Jan. 10, 2025; 91 FR 45661, July 21, 2026] § 387.309 Qualifications as a self-insurer and other securities or agreements. (a) As a self-insurer. (1) The adequacy of the tangible net worth of the motor carrier in relation to the size of operations and the extent of its request for self-insurance authority. Applicant should demonstrate that it will maintain a net worth that will ensure that it will be able to meet its statutory obligations to the public to indemnify all claimants in the event of loss. (2) The existence of a sound self-insurance program. (3) The existence of an adequate safety program. (4) Additional information. (b) Other securities or agreements. [48 FR 51780, Nov. 14, 1983, and 51 FR 15008, Apr. 22, 1986, as amended at 52 FR 3815, Feb. 6, 1987; 62 FR 49941, Sept. 24, 1997; 68 FR 56199, Sept. 30, 2003] § 387.311 Bonds and certificates of insurance. (a) Public liability. * Note: Motor Carrier and Freight Forwarder Insurance Procedures and Minimum Amounts of Liability. (b) Cargo liability. (c) Each policy of insurance in connection with the certificate of insurance which is filed with the FMCSA, shall be amended by attachment of the appropriate endorsement prescribed by the FMCSA and the certificate of insurance filed must accurately reflect that endorsement. [47 FR 55944, Dec. 14, 1982, as amended at 48 FR 43332, Sept. 23, 1983; 48 FR 51781, Nov. 14, 1983; 50 FR 40030, Oct. 1, 1985; 62 FR 49941, Sept. 24, 1997; 68 FR 56199, Sept. 30, 2003] § 387.313 Forms and procedures. (a) Forms for endorsements, certificates of insurance and others In form prescribed. (2) Aggregation of Insurance.** Form BMC 90, Form BMC 91X ** Note: Note For aggregation of insurance for all other carriers to cover security limits under § 387.303 (b)(1) or (b)(2), a separate Department of Transportation prescribed form endorsement and Form BMC 91X For aggregation of insurance for foreign motor private carriers of nonhazardous commodities to cover security limits under § 387.303(b)(4), a separate Form BMC 90 with the specific amounts of underlying and limits of coverage shown thereon or appended thereto, or Department of Transportation prescribed form endorsement, and Form BMC 91MX certificate is required for each insurer. (3) Use of Certificates and Endorsements in BMC Series. Form BMC 91 Form BMC 91X Form BMC 90 Form BMC 91 Form 91X Form BMC 32 Form BMC 34 Form BMC 83 Form BMC 91MX (4) Use of Endorsements in MCS Series. Form MCS endorsement Form MCS 90 (5) Surety bonds. Form BMC 82 Form MCS 82, (6) Surety bonds and certificates in effect continuously. (i) When filed expressly to fill prior gaps or lapses in coverage or to cover grants of emergency temporary authority of unusually short duration and the filing clearly so indicates, or (ii) In special or unusual circumstances, when special permission is obtained for filing certificates of insurance or surety bonds on terms meeting other particular needs of the situation. (b) Filing and copies. http://www.fmcsa.dot.gov. (c) Name of insured. (d) Cancellation notice. http://www.fmcsa.dot.gov http://www.fmcsa.dot.gov. (e) Termination by replacement. [47 FR 55944, Dec. 14, 1982, as amended at 48 FR 43334, Sept. 23, 1983; 48 FR 51781, Nov. 14, 1983; 50 FR 40030, Oct. 1, 1985; 51 FR 34623, Sept. 30, 1986; 62 FR 49941, Sept. 24, 1997; 75 FR 35328, June 22, 2010; 80 FR 63709, Oct. 21, 2015; 83 FR 22877, May 17, 2018; 84 FR 51434, Sept. 30, 2019] Effective Date Note: At 82 FR 5308, Jan. 17, 2017, § 387.313 was suspended, effective Jan. 14, 2017. At 84 FR 51434, Sept. 30, 2019, the suspension was lifted and amendments were made to § 387.313. In that same document, § 387.313 was again suspended indefinitely. § 387.313T Forms and procedures. (a) Forms for endorsements, certificates of insurance and others In form prescribed. (2) Aggregation of insurance. Form BMC 90, Form BMC 91X **Note: See Note for Rule 387.311. Also, it should be noted that DOT is considering prescribing adaptations of the Form MCS 90 Form MCS 82 (ii) For aggregation of insurance for all other carriers to cover security limits under § 387.303T(b)(1) or (2), a separate Department of Transportation prescribed form endorsement and Form BMC 91X Form BMC 32 Form BMC 34 (iii) For aggregation of insurance for foreign motor private carriers of nonhazardous commodities to cover security limits under § 387.303T(b)(4), a separate Form BMC 90 Form BMC 91MX (3) Use of certificates and endorsements in BMC Series. (i) Form BMC 91X (ii) Form BMC 90 Form BMC 91 Form 91X Form BMC 32 Form BMC 34 Form BMC 83 (iii) Form BMC 91MX (4) Use of endorsements in MCS Series. (5) Surety bonds. (6) Surety bonds and certificates in effect continuously. (i) When filed expressly to fill prior gaps or lapses in coverage or to cover grants of emergency temporary authority of unusually short duration and the filing clearly so indicates; or (ii) In special or unusual circumstances, when special permission is obtained for filing certificates of insurance or surety bonds on terms meeting other particular needs of the situation. (b) Filing and copies. (c) Name of insured. (d) Cancellation notice. Form BMC-35, BMC-36, (e) Termination by replacement. [82 FR 5308, Jan. 17, 2017, as amended at 83 FR 16226, Apr. 16, 2018; 84 FR 51434, Sept. 30, 2019] § 387.315 Insurance and surety companies. A certificate of insurance or surety bond will not be accepted by the FMCSA unless issued by an insurance or surety company that is authorized (licensed or admitted) to issue bonds or underlying insurance policies: (a) In each State in which the motor carrier is authorized by the FMCSA to operate, or (b) In the State in which the motor carrier has its principal place of business or domicile, and will designate in writing upon request by the FMCSA, a person upon whom process, issued by or under the authority of a court of competent jurisdiction, may be served in any proceeding at law or equity brought in any State in which the carrier operates, or (c) In any State, and is eligible as an excess or surplus lines insurer in any State in which business is written, and will make the designation of process agent described in paragraph (b) of this section. (d) In the Province or Territory of Canada in which a Canadian motor carrier has its principal place of business or domicile, and will designate in writing upon request by FMCSA, a person upon whom process, issued by or under the authority of a court of competent jurisdiction, may be served in any proceeding at law or equity brought in any State in which the carrier operates. [56 FR 28111, June 19, 1991, as amended at 75 FR 38430, July 2, 2010; 78 FR 58482, Sept. 24, 2013] § 387.317 Refusal to accept, or revocation by the FMCSA of surety bonds, etc. The FMCSA may, at any time, refuse to accept or may revoke its acceptance of any surety bond, certificate of insurance, qualifications as a self-insurer, or other securities or agreements if, in its judgment such security does not comply with these sections or for any reason fails to provide satisfactory or adequate protection for the public. Revocation of acceptance of any certificate of insurance, surety bond or other security shall not relieve the motor carrier from compliance with § 387.301(c). [47 FR 55945, Dec. 14, 1982, as amended at 62 FR 49942, Sept. 24, 1997; 80 FR 59073, Oct. 1, 2015] § 387.319 Fiduciaries. (a) Definitions. (b) Insurance coverage in behalf of fiduciaries to apply concurrently. [32 FR 20032, Dec. 20, 1967, as amended at 47 FR 49596, Nov. 1, 1982; 47 FR 55945, Dec. 14, 1982; 55 FR 11197, Mar. 27, 1990] § 387.321 Operations in foreign commerce. No motor carrier may operate in the United States in the course of transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country unless and until there shall have been filed with and accepted by the FMCSA a certificate of insurance, surety bond, proof of qualifications as a self-insurer, or other securities or agreements in the amount prescribed in § 387.303(b), 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 between places in a foreign country or between a place in one foreign country and a place in another foreign country, insofar as such transportation takes place in the United States, or for loss of or damage to property of others. The security for the protection of the public required by this section shall be maintained in effect at all times and shall be subject to the provisions of §§ 387.309 through 387.319. The requirements of § 387.315(a) shall be satisfied if the insurance or surety company, in addition to having been approved by the FMCSA, is legally authorized to issue policies or surety bonds in at least one of the States in the United States, or one of the Provinces in Canada, and has filed with the FMCSA the name and address of a person upon whom legal process may be served in each State in or through which the motor carrier operates. Such designation may from time to time be changed by like designation similarly filed, but shall be maintained during the effectiveness of any certificate of insurance or surety bond issued by the company, and thereafter with respect to any claims arising during the effectiveness of such certificate or bond. The term “motor carrier” as used in this section shall not include private carriers or carriers operating under the partial exemption from regulation in 49 U.S.C. 13503 and 13506. [47 FR 55945, Dec. 14, 1982, as amended at 62 FR 49942, Sept. 24, 1997] § 387.323 Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations. (a) Insurers must electronically file forms BMC 34, BMC 35, BMC 36, BMC 82, BMC 83, BMC 84, BMC 85, BMC 91, and BMC 91X in accordance with the requirements and procedures set forth in paragraphs (b) through (d) of this section. (b) Each insurer must obtain authorization to file electronically by registering with the FMCSA. An individual account number and password for computer access will be issued to each registered insurer. (c) Filings may be transmitted online via the internet at: https://li-public.fmcsa.dot.gov. (d) All registered insurers agree to furnish upon request to the FMCSA a copy of any policy (or policies) and all certificates of insurance, endorsements, surety bonds, trust fund agreements, proof of qualification to self-insure or other insurance filings. [80 FR 63710, Oct. 21, 2015] Effective Date Note: At 82 FR 5308, Jan. 17, 2017, § 387.323 was suspended, effective Jan. 14, 2017. At 86 FR 57072, Oct. 14, 2021, the suspension was lifted and an amendment was made to § 387.323. In that same document, § 387.323 was again suspended indefinitely. § 387.323T Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations. (a) Insurers may, at their option and in accordance with the requirements and procedures set forth in paragraphs (a) through (d) of this section, file forms BMC 34, BMC 35, BMC 36, BMC 82, BMC 83, BMC 84, BMC 85, BMC 91, and BMC 91X electronically, in lieu of using the prescribed printed forms. (b) Each insurer must obtain authorization to file electronically by registering with the FMCSA. An individual account number and password for computer access will be issued to each registered insurer. (c) Filings may be transmitted online via the internet at: https://li-public.fmcsa.dot.gov i.e., Electronic Insurance Filing Transactions Field name Number of Description Required Start field End field Record type 1 Numeric 1 = Filing, 2 = Cancellation B 1 1 Insurer number 8 Text FMCSA Assigned Insurer Number (Home Office) With Suffix (Issuing Office), If Different, e.g., B 2 9 Filing type 1 Numeric 1 = BI&PD, 2 = Cargo, 3 = Bond, 4 = Trust Fund B 10 10 FMCSA docket number 8 Text FMCSA Assigned MC or FF Number, e.g., B 11 18 Insured legal name 120 Text Legal Name B 19 138 Insured d/b/a name 60 Text Doing Business As Name If Different From Legal Name B 139 198 Insured address 35 Text Either street or mailing address B 199 233 Insured city 30 Text B 234 263 Insured state 2 Text B 264 265 Insured zip code 9 Numeric (Do not include dash if using 9 digit code) B 266 274 Insured country 2 Text (Will default to U.S.) B 275 276 Form code 10 Text BMC-91, BMC-91X, BMC-34, BMC-35, etc B 277 286 Full, primary or excess coverage 1 Text If BMC-91X, P or E = indicator of primary or excess policy; 1 = Full under § 387.303T(b)(1); 2 = Full under § 387.303T(b)(2) F 287 287 Limit of liability 5 Numeric $ in Thousands F 288 292 Underlying limit of liability 5 Numeric $ in Thousands (will default to $000 if Primary) F 293 297 Effective date 8 Text MM/DD/YY Format for both Filing or Cancellation B 298 305 Policy number 25 Text Surety companies may enter bond number B 306 330 (d) All registered insurers agree to furnish upon request to the FMCSA a duplicate original of any policy (or policies) and all endorsements, surety bond, trust fund agreement, or other filing. [82 FR 5308, Jan. 17, 2017, as amended at 86 FR 57072, Oct. 14, 2021] Subpart D—Surety Bonds and Policies of Insurance for Freight Forwarders Source: 55 FR 11201, Mar. 27, 1990, unless otherwise noted. Redesignated at 61 FR 54710, Oct. 21, 1996. § 387.401 Definitions. (a) Freight forwarder (1) Performs or provides for assembling, consolidating, break-bulk, and distribution of shipments; and (2) Assumes responsibility for transportation from place of receipt to destination; and (3) Uses for any part of the transportation a carrier subject to FMCSA jurisdiction. (b) Household goods freight forwarder (c) Motor vehicle (1) A tractor that draws a trailer or semitrailer; and (2) A truck and trailer bearing a single load. § 387.403 General requirements. (a) Cargo. (b) Public liability. (c) Surety bond or trust fund. [80 FR 63709, Oct. 21, 2015] Effective Date Note: At 82 FR 5310, Jan. 17, 2017, § 387.403 was suspended, effective Jan. 14, 2017. § 387.403T General requirements. (a) Cargo. (b) Public liability. (c) Surety bond or trust fund. [82 FR 5310, Jan. 17, 2017] § 387.405 Limits of liability. The minimum amounts for cargo and public liability security are identical to those prescribed for motor carriers at 49 CFR 387.303. The minimum amount for the surety bond or trust fund is identical to that prescribed for brokers at 49 CFR 387.307. [78 FR 60233, Oct. 1, 2013] § 387.407 Surety bonds and certificates of insurance. (a) The limits of liability under § 387.405 may be provided by aggregation under the procedures at 49 CFR part 387, subpart C. (b) Each policy of insurance used in connection with a certificate of insurance filed with the FMCSA shall be amended by attachment of the appropriate endorsement prescribed by the FMCSA (or the Department of Transportation, where applicable). [55 FR 11201, Mar. 27, 1990. Redesignated at 61 FR 54710, Oct. 21, 1996, as amended at 62 FR 49942, Sept. 24, 1997] § 387.409 Insurance and surety companies. A certificate of insurance or surety bond will not be accepted by the FMCSA unless issued by an insurance or surety company that is authorized (licensed or admitted) to issue bonds or underlying insurance policies: (a) In each State in which the freight forwarder is authorized by the FMCSA to perform service, or (b) In the State in which the freight forwarder has its principal place of business or domicile, and will designate in writing upon request by the FMCSA, a person upon whom process, issued by or under the authority of a court of competent jurisdiction, may be served in any proceeding at law or equity brought in any State in which the freight forwarder performs service; or (c) In any State, and is eligible as an excess or surplus lines insurer in any State in which business is written, and will make the designation of process agent prescribed in paragraph (b) of this section. (d) In the Province or Territory of Canada in which a Canadian freight forwarder has its principal place of business or domicile, and will designate in writing upon request by FMCSA, a person upon whom process, issued by or under the authority of a court of competent jurisdiction, may be served in any proceeding at law or equity brought in any State in which the freight forwarder operates. [56 FR 28111, June 19, 1991, as amended at 75 FR 38430, July 2, 2010; 78 FR 58482, Sept. 24, 2013] § 387.411 Qualifications as a self-insurer and other securities or agreements. (a) Self-insurer. (b) Other securities and agreements. [55 FR 11201, Mar. 27, 1990. Redesignated at 61 FR 54710, Oct. 21, 1996, as amended at 62 FR 49942, Sept. 24, 1997] § 387.413 Forms and procedures. (a) Forms. (b) Procedure. (c) Names. (d) Cancellation. (e) Termination by replacement. [55 FR 11201, Mar. 27, 1990. Redesignated at 61 FR 54710, Oct. 21, 1996, as amended at 62 FR 49942, Sept. 24, 1997; 75 FR 35329, June 22, 2010; 80 FR 63710, Oct. 21, 2015; 84 FR 51434, Sept. 30, 2019] Effective Date Note: At 82 FR 5310, Jan. 17, 2017, § 387.413 was suspended, effective Jan. 14, 2017. At 84 FR 51434, Sept. 30, 2019, the suspension was lifted and amendments were made to § 387.413. In that same document, § 387.413 was again suspended indefinitely. § 387.413T Forms and procedures. (a) Forms. (b) Procedure. (c) Names. (d) Cancellation. (e) Termination by replacement. [82 FR 5310, Jan. 17, 2017, as amended at 83 FR 16226, Apr. 16, 2018; 84 FR 51434, Sept. 30, 2019] § 387.415 Acceptance and revocation by the FMCSA. The FMCSA may at any time refuse to accept or may revoke its acceptance of any surety bond, certificate of insurance, qualifications as a self-insurer, or other security or agreement that does not comply with these rules or fails to provide adequate public protection. § 387.417 Fiduciaries. (a) Interpretations. (b) Span of security coverage. [55 FR 11201, Mar. 27, 1990. Redesignated at 61 FR 54710, Oct. 21, 1996, as amended at 62 FR 49942, Sept. 24, 1997] § 387.419 Electronic filing of surety bonds, certificates of insurance and cancellations. Insurers must electronically file certificates of insurance, surety bonds, and other securities and agreements and notices of cancellation in accordance with the requirements and procedures set forth at § 387.323. [80 FR 63710, Oct. 21, 2015] Effective Date Note: At 82 FR 5310, Jan. 17, 2017, § 387.419 was suspended, effective Jan. 14, 2017. § 387.419T Electronic filing of surety bonds, certificates of insurance and cancellations. Insurers may, at their option and in accordance with the requirements and procedures set forth at § 387.323T, file certificates of insurance, surety bonds, and other securities and agreements electronically. [82 FR 5310, Jan. 17, 2017] Appendix A to Part 387—Applicability of the Registration, Financial Responsibility, and Safety Regulations to Motor Carriers of Passengers For additional guidance on the application of financial responsibility regulations to motor carriers of passengers, refer to appendix A to part 390 of this subchapter. [87 FR 68372, Nov. 15, 2022]

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