[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: 49CFR387.5]



[Page 282]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 387_MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS

--Table of Contents

 

                  Subpart A_Motor Carriers of Property

 

Sec. 387.5  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.

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

including death resulting from any of these.

    Cancellation of insurance the withdrawal of insurance coverage by 

either the insurer or the insured.

    Endorsement an amendment to an insurance policy.

    Environmental restoration restitution for the loss, damage, or 

destruction of natural resources arising out of the accidental 

discharge, dispersal, release or escape into or upon the land, 

atmosphere, watercourse, or body of water of any commodity transported 

by a motor carrier. This shall include the cost of removal and the cost 

of necessary measure taken to minimize or mitigate damage to human 

health, the natural environment, fish, shellfish, and wildlife.

    Evidence of security a surety bond or a policy of insurance with the 

appropriate endorsement attached.

    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, the goods or property of another.

    In bulk--the transportation, as cargo, of property, except Division 

1.1, 1.2, or 1.3 materials, and Division 2.3, Hazard Zone A gases, in 

containment systems with capacities in excess of 3500 water gallons.

    In bulk (Division 1.1, 1.2, and 1.3 explosives)--the transportation, 

as cargo, of any Division 1.1, 1.2, or 1.3 materials in any quantity.

    In bulk (Division 2.3, Hazard Zone A or Division 6.1, Packing Group 

I, Hazard Zone A materials)--the transportation, as cargo, of any 

Division 2.3, Hazard Zone A, or Division 6.1, packing Group I, Hazard 

Zone A material, in any quantity.

    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 or a private 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 and 

includes liability for environmental restoration.

    State means a State of the United States, the District of Columbia, 

Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern 

Mariana Islands.



[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]