[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: 49CFR387.29]



[Page 287-288]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 387_MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS

--Table of Contents

 

                 Subpart B_Motor Carriers of Passengers

 

Sec. 387.29  Definitions.



    As used in this subpart--

    Accident includes continuous or repeated exposure to the same 

conditions resulting in public liability which the insured neither 

expected nor intended.



[[Page 288]]



    Bodily injury means injury to the body, sickness, or disease 

including death resulting from any of these.

    Endorsement an amendment to an insurance policy.

    Financial responsibility the financial reserves (e.g., insurance 

policies or surety bonds) sufficient to satisfy liability amounts set 

forth in this subpart covering public liability.

    For-hire carriage means the business of transporting, for 

compensation, passengers and their property, including any compensated 

transportation of the goods or property or another.

    Insured and principal the motor carrier named in the policy of 

insurance, surety bond, endorsement, or notice of cancellation, and also 

the fiduciary of such motor carrier.

    Insurance premium the monetary sum an insured pays an insurer for 

acceptance of liability for public liability claims made against the 

insured.

    Motor carrier means a for-hire motor carrier. The term includes, but 

is not limited to, a motor carrier's agent, officer, or representative; 

an employee responsible for hiring, supervising, training, assigning, or 

dispatching a driver; or an employee concerned with the installation, 

inspection, and maintenance of motor vehicle equipment and/or 

accessories.

    Property damage means damage to or loss of use of tangible property.

    Public liability liability for bodily injury or property damage.

    Seating capacity any plan view location capable of accommodating a 

person at least as large as a 5th percentile adult female, if the 

overall seat configuration and design and vehicle design is such that 

the position is likely to be used as a seating position while the 

vehicle is in motion, except for auxiliary seating accommodations such 

as temporary or folding jump seats. Any bench or split bench seat in a 

passenger car, truck or multi-purpose passenger vehicle with a gross 

vehicle weight rating less than 10,000 pounds, having greater than 50 

inches of hip room (measured in accordance with SEA Standards J1100(a)) 

shall have not less than three designated seating positions, unless the 

seat design or vehicle design is such that the center position cannot be 

used for seating.



[48 FR 52683, Nov. 21, 1983, as amended at 63 FR 33276, June 18, 1998]