[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: 49CFR387.321]



[Page 299]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 387_MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS

--Table of Contents

 

Subpart C_Surety Bonds and Policies of Insurance for Motor Carriers and 

                            Property Brokers

 

Sec. 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 Sec. 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 Sec. Sec. 387.309 through 387.319. The requirements of Sec. 

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]