[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR374.401]



[Page 83]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 374_PASSENGER CARRIER REGULATIONS--Table of Contents

 

 Subpart D_Notice of and Procedures for Baggage Excess Value Declaration

 

Sec. 374.401  Minimum permissible limitations for baggage liability.



    Source: 40 FR 1249, Jan. 7, 1975, unless otherwise noted. 

Redesignated at 61 FR 54709, Oct. 21, 1996.





    (a) Motor common carriers of passengers and baggage subject to 49 

U.S.C. 13501 may not publish tariff provisions limiting their liability 

for loss or damage to baggage checked by a passenger transported in 

regular route or special operations unless:

    (1) The amount for which liability is limited is $250 or greater per 

adult fare, and

    (2) The provisions permit the passenger, for an additional charge, 

to declare a value in excess of the limited amount, and allow the 

passenger to recover the increased amount (but not higher than the 

actual value) in event of loss or damage. The carriers may publish a 

maximum value for which they will be liable, but that maximum value may 

not be less than $1,000. Appropriate identification must be attached 

securely by the passenger to each item of baggage checked, indicating in 

a clear and legible manner the name and address to which the baggage 

should be forwarded if lost and subsequently recovered. Identification 

tags shall be made immediately available by the carriers to passengers 

upon request.

    (3) Carriers need not offer excess value coverage on articles listed 

in Sec. 374.307(c)(3).



(49 U.S.C. 10321, 5 U.S.C. 553)



[46 FR 22899, Apr. 22, 1981, as amended at 47 FR 21840, May 20, 1982; 62 

FR 15423, Apr. 1, 1997]