Part 387. Minimum Levels of Financial Responsibility for Motor Carriers. Interstate and Intrastate Commerce

Transcription

1 Part 387 Miimum Levels of Fiacial Resposibility for Motor Carriers Iterstate ad Itrastate Commerce 35

2 Part 387 Miimum Levels of Fiacial Resposibility for Motor Carriers (Iterstate ad Itrastate Commerce) Fiacial resposibility meas havig isurace policies or surety bods sufficiet to satisfy the miimum public liability requiremets. Public liability meas liability for bodily ijury, property damage, ad evirometal restoratio. Evirometal restoratio meas restitutio for the loss, damage, or destructio of atural resources arisig out of a accidetal discharge of toxic or other evirometally harmful materials or liquids. Requiremets for Fiacial Resposibility Motor carriers of property operatig commercial motor vehicles i iterstate, foreig, or itrastate commerce, ad for-hire carriers of passegers operatig i iterstate or foreig commerce must have at least the miimum amout of isurace required by law. (See the Schedule of Limits i this folder for miimum levels of fiacial resposibility). Proof The motor carrier must have proof of the miimum level of isurace at the compay s pricipal place of busiess. Proof may be show by ay of the followig: A Motor Carriers of Passegers Surety Bod for public liability uder Sectio 18 of the Bus Regulatory Reform Act of 1982 (Form MCS-82B) is sued by a surety A writte decisio, order, or authorizatio of the Federal Motor Carrier Safety Admiistratio authorizig the motor carrier to self-isure uder 49 CFR Edorsemets for Motor Carriers policies of isurace for public liability uder Sectios 29 ad 30 of the Motor Carrier Act of 1980 (Form MCS-90) issued by a isurer Edorsemets for Motor Carriers of Passegers policies of isurace for public liability uder Sectio 18 of the Bus Regulatory Reform Act of 1982 (Form MCS-90B) issued by a isurer A Motor Carrier Surety Bod for public liability uder Sectio 30 of the Motor Carrier Act of 1980 (Form MCS-82) issued by a surety 37

3 ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 Issued to of Dated at this day of, 20 Amedig Policy No. Effective Date Name of Isurace Compay Coutersiged by Authorized Compay Represetative The policy to which this edorsemet is attached provides primary or excess isurace, as idicated by [X], for the limits show: [ ] This isurace is primary ad the compay shall ot be liable for amouts i excess of $$ for each accidet. [ ] This isurace is excess ad the compay shall ot be liable for amouts i excess of $$ for each accidet i excess of the uderlyig limit of $ for each accidet. Wheever required by the Federal Motor Carrier Safety Admiistratio (FMCSA), the compay agrees to furish the FMCSA a duplicate of said policy ad all its edorsemets. The compay also agrees, upo telephoe request by a authorized represetative of the FMCSA, to verify that the policy is i force as of a particular date. The telephoe umber to call is:. Cacellatio of this edorsemet may be effected by the compay of the isured by givig (1) thirty-five (35) days otice i writig to the other party (said 35 days otice to commece from the date the otice is mailed, proof of mailig shall be sufficiet proof of otice), ad (2) if the isured is subject to the FMCSA s registratio requiremets uder 49 U.S.C.13901, by providig thirty (30) days otice to the FMCSA (said 30 days otice to commece from the date the otice is received by the FMCSA at its office i Washigto, D.C.). DEFINITIONS AS USED IN THIS ENDORSEMENT Accidet icludes cotiuous or repeated exposure to Property Damage meas damage to or loss of use of tagible coditios or which results i bodily ijury, property damage, or property. evirometal damage, which the isured either expected or iteded. Motor Vehicle meas a lad vehicle, machie, truck, tractor, trailer, or semi-trailer propelled or draw by mechaical power ad used o a highway for trasportig property, or ay combiatio thereof. Bodily Ijury meas ijury to the body, sickess, or disease to ay perso, icludig death resultig from ay of these. Evirometal Restoratio meas restitutio for the loss, damage, or destructio of atural resources arisig out of the accidetal discharge, dispersal, release or escape ito or upo the ad, atmosphere, watercourse, or body of water, of ay commodity trasported by a motor carrier. This shall iclude the cost of removal ad the cost of ecessary measures take to miimize or mitigate damage to huma health, the atural eviromet, fish, shellfish, ad wildlife. Public Liability meas liability for bodily ijury, property damage, ad evirometal restoratio The isurace policy to which this edorsemet is attached provides automobile liability isurace ad is ameded to assure compliace by the isured, withi the limits stated herei, as a motor carrier of property, with Sectios 29 ad 30 of the Motor Carrier Act of 1980 ad the rules ad regulatios of the Federal Motor Carrier Safety Admiistratio (FMCSA). I cosideratio of the premium stated i the policy to which this edorsemet is attached, the isurer (the compay) agrees to pay, withi the limits of liability described herei, ay fial judgmet recovered agaist the isured for public liability resultig from egligece i the operatio, maiteace or use of motor vehicles subject to the fiacial resposibility requiremets of Sectios 29 ad 30 of the Motor Carrier Act of 1980 regardless of whether or ot each motor vehicle is specifically described i the policy ad whether or ot such egligece occurs o ay route or i ay territory authorized to be served by the isured or elsewhere. Such isurace as is afforded, for public liability, does ot apply to ijury to or death of the isured's employees while egaged i the course of their employmet, or property trasported by the isured, desigated as cargo. It is uderstood ad agreed that o coditio, provisio, stipulatio, or limitatio cotaied i the policy, this edorsemet, or ay other edorsemet thereo, or violatio thereof, shall relieve the compay from liability or from the paymet of ay fial judgmet, withi the limits of liability herei described, irrespective of the fiacial coditio, isolvecy or bakruptcy of the isured. However, all terms, coditios, ad limitatios i the policy to which the edorsemet is attached shall remai i full force ad effect as bidig betwee the isured ad the compay. The isured agrees to reimburse the compay for ay paymet made by the compay o accout of ay accidet, claim, or suit ivolvig a breach of the terms of the policy, ad for ay paymet that the compay would ot have bee obligated to make uder the provisios of the policy except for the agreemet cotaied i this edorsemet. It is further uderstood ad agreed that, upo failure of the compay to pay ay fial judgmet recovered agaist the isured as provided herei, the judgmet creditor may maitai a actio i ay court of competet jurisdictio agaist the compay to compel such paymet. The limits of the compay's liability for the amouts prescribed i this edorsemet apply separately to each accidet ad ay paymet uder the policy because of ay oe accidet shall ot operate to reduce the liability of the compay for the paymet of fial judgmets resultig from ay other accidet. THE SCHEDULE OF LIMITS SHOWN ON THE REVERSE SIDE DOES NOT PROVIDE COVERAGE. The limits show i the schedule are for iformatio purposes oly. Form MCS-90 (4/2000) 38

4 Schedule of Limits - Public Liability Type of carriage Commodity trasported Ja. 1, 1985 (1)For-hire (I iterstate or foreig commerce, with a gross vehicle weight ratig of 10,000 or more pouds). (2)For-hire ad Private (I iterstate, foreig, or itrastate commerce, with a gross vehicle weight ratig of 10,000 or more pouds). (3)For-hire ad Private (I iterstate or foreig commerce, i ay quatity; or i itrastate commerce, i bulk oly; with a gross vehicle weight ratig of 10,000 or more pouds). * (See Note) (4)For-hire ad Private (I iterstate or foreig commerce,with a gross vehicle weight ratig of less tha 10,000 pouds). Property (ohazardous)... Hazardous substaces, as defied i 49 CFR 171.8,trasported i cargo taks, portable taks, or hopper-type vehicles with capacities i excess of 3,500 water gallos; or i bulk Divisio 1.1,1.2, ad 1.3 materials, Divisio 2.3,Hazard Zoe A, or Divisio 6.1,Packig Group I, Hazard Zoe A material; i bulk Divisio 2.1 or 2.2;or highway route cotrolled quatities of a Class 7 material, as defied i 49 CFR Oil listed i 49 CFR ;hazardous waste, hazardous materials, ad hazardous substaces defied i 49 CFR ad listed i 49 CFR ,but ot metioed i (2)above or (4) below. Ay quatity of Divisio 1.1,1.2,or 1.3 material; ay quatity of a Divisio 2.3,Hazard Zoe A,or Divisio 6.1,Packig Group I,Hazard Zoe A material; or highway route cotrolled quatities of a Class 7 material as defied i 49 CFR $750,000 $5,000,000 $1,000,000 $5,000,000 (5) For-hire motor carriers of passegers operatig i iterstate or foreig commerce Ay vehicle with a seatig capacity of 16 passegers or more. Ay vehicle with a seatig capacity of 15 passegers or less. 1 $5,000,000 $1,500,000 DEFINITION: I bulk the trasportatio, as cargo, of property, except Divisio 1.1, 1.2, or 1.3 materials, ad divisio 2.3, Hazard Zoe A gases, i cotaimet systems with capacities i excess of 3,500 water gallos. I bulk (Divisio 1.1, 1.2, ad 1.3 explosives) the trasportatio, as cargo, of ay Divisio 1.1, 1.2, or 1.3 materials i ay quatity. I bulk (Divisio 2.3, Hazard Zoe A or divisio 6.1, Packig Group I, Hazard Zoe A materials) the trasportatio, as cargo, of ay Divisio 2.3, Hazard Zoe A, or Divisio 6.1, Packig Group I, Hazard Zoe A material, i ay quatity. Note: Uless haulig bulk hazardous material, this applies to For-hire ad Private (I iterstate or foreig commerce); or For-hire itrastate commerce, ad does ot apply to Private itrastate commerce. Tow trucks with a GVWR or GCWR of 10,000 pouds or more performig emergecy moves i iterstate or foreig commerce are required to maitai miimum levels of fiacial resposibility i the amout of $750,000. Tow trucks performig secodary moves are required to maitai levels of coverage applicable to the commodity beig trasported by the vehicle beig towed. Vehicles beig trasported by motor vehicle are subject oly to 49 CFR of the HMRs, they meet the defiitio of "Hazardous material" i 49 CFR because "Vehicle, flammable gas powered" ad "Vehicle, flammable liquid powered" (this icludes diesel fuel) are desigated as hazardous i 49 CFR [UN 3166]. For that reaso, vehicles trasportig other vehicles would have to carry $1,000,000 of public liability isurace. o Examples may iclude, but are ot limited to: backhoe, motorcycles, self-propelled law mowers, tractors, bobcats, auto-haulers, etc. 1 Except as provided i (b). 39

5 Filig Proof Of Isurace Bodily Ijury ad Property Damage Liability (BIPD) Proof of BIPD isurace must be o file with Motor Carrier Services Divisio before the motor carrier ca trasport property or passegers withi the borders of this state, uless exempted uder RSMo The isurace form that must be o file is oe of the followig: Itrastate Operatios 1. Form E, Uiform Motor Carrier Bodily Ijury ad Property Damage Liability Certificate of Isurace (itrastate household goods carriers must also file a Form H, Uiform Motor Carrier Cargo Certificate of Isurace): 2. Form G, Uiform Motor Carrier Bodily Ijury ad Property Damage Surety Bod; or 3. A applicatio to self-isure o the prescribed applicatio form. The miimum levels of BIPD liability isurace are listed below: 4. Itrastate-Passeger Service Twelve (12) passeger or less capacity, $100,000 for ijury or death of oe (1) perso; $300,000 for ay (1) accidet; $50,000 property damage for ay oe (1) accidet. More tha twelve (12) passeger capacity, $100,000 for ijury or death of oe (1) perso; $500,000 for ay oe (1) accidet; $50,000 property damage for ay oe (1) accidet. 5. Itrastate Property-Nohazardous $100,000 for ijury or death of oe (1) perso; $300,000 for ay oe (1) accidet; $50,000 property damage for ay oe (1) accidet. 6. Itrastate Property-Hazardous..... $5,000,000* Hazardous substace, as defied i 49 CFR trasported i cargo taks or hopper-type vehicles with capacities i excess of 3,500 water gallos; ay quatity of Class 1.1, 1.2, or 1.3 explosives; ay quatity of Class 2.3 Hazard Zoe A; ay quatity of Class 6.1, Packig Group I, Hazard Zoe A; Class 7 radioactive materials i highway route cotrolled quatities as defied i 49 CFR ; ad Class 2.1 ad 2.2 gases i taks with capacities i excess of 3,500 water gallos. 7. Itrastate Property-Hazardous..... $1,000,000* Oil listed i 49 CFR ; hazardous waste, hazardous materials ad hazardous substaces defied i 49 CFR ad listed i 49 CFR , but ot metioed i 4 or 6. Cargo Isurace (Itrastate Household Goods Operatios Oly) Proof of cargo isurace must be o file to trasport household goods withi the borders of this state. The isurace form must be oe of the followig: 1. Form H, Uiform Motor Carrier Cargo Certificate of Isurace; or 2. Form J, Uiform Motor Carrier Cargo Surety Bod. The miimum level of cargo isurace is as follows: Loss of damage to property carried o ay oe (1) motor vehicle - $2,500; ad Loss or damage to or aggregate of losses or damages of or to property occurrig at ay oe (1) time ad place - $5, *This limit applies oly to vehicles withi a gross vehicle weight ratig of 10,000 lbs or more.

6 Fiacial Resposibility for Missouri Oversize Overweight Permit A applicat must submit proof of isurace meetig the required miimum amout before a permit ca be issued. The applicat must have o file with the Missouri Departmet of Trasportatio, Motor Carrier Services Divisio a approved certificate of liability isurace specifically showig coverage of amouts ot less tha the followig: Schedule of Miimum Limits of Combied Sigle Limit Automobile Liability: Type of Move Amout 1) Routie $750,000 2) Super Heavy ad Large Loads $2,000,000 3) Nocommercial Buildig $2,000,000 (House) Movemet Isurace for all permit operatio shall be i force for the duratio of the permit period. Travel uder permit must be with properly licesed, isured ad permitted vehicles ad must be licesed for maximum weights i order to obtai overweight permits. For specific iformatio relatig to these regulatios, please review the Missouri Revised Statutes, Chapters 260, 301 through 307, 390 ad 622. If there are ay questios cocerig these requiremets, please cotact the Motor Carrier Services Divisio, Compliace Commuicatio Ceter at (573) or (800)

7