[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR387.301]

[Page 296-297]
 
                        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.  387.301  Surety bond, certificate of insurance, or other securities.

    Cross Reference: Prescribed forms relating to this part are listed 
in 49 CFR part 1003.

    Source: 32 FR 20032, Dec. 20, 1967, unless otherwise noted. 
Redesignated at 61 FR 54709, Oct. 21, 1996.


    (a) Public liability. (1) No common or contract carrier or foreign 
(Mexican) motor private carrier or foreign motor carrier transporting 
exempt commodities subject to Subtitle IV, part B, chapter 135 of title 
49 of the U.S. Code shall engage in interstate or foreign commerce, and 
no certificate or permit shall be issued to such a carrier or remain in 
force unless and until there shall have been filed with and accepted by 
the FMCSA surety bonds, certificates of insurance, proof of 
qualifications as self-insurer, or other securities or agreements, in 
the amounts prescribed in Sec.  387.303, 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 subject to 
Subtitle IV, part B, chapter 135 of title 49 of the U.S. Code, or for 
loss of or damage to property of others, or, in the case of motor 
carriers of property operating freight vehicles described in Sec.  
387.303(b)(2) of this part, for environmental restoration.
    (2) Motor Carriers of property which are subject to the conditions 
set forth in paragraph (a)(1) of this section and transport the 
commodities described in Sec.  387.303(b)(2), are required to obtain 
security in the minimum limits prescribed in Sec.  387.303(b)(2).
    (b) Common carriers-cargo insurance; exempt commodities. No common 
carrier by motor vehicle subject to Subtitle IV, part B, chapter 135 of 
title 49 of the U.S. Code nor any foreign (Mexican) common carrier of 
exempt commodities shall engage in interstate or foreign commerce, nor 
shall any certificate be issued to such a carrier or remain in force 
unless and until there shall have been filed with and accepted by the 
FMCSA, a surety bond, certificate of insurance, proof of qualifications 
as a self-insurer, or other securities or agreements in the amounts 
prescribed in Sec.  387.303, conditioned upon such carrier making 
compensation to shippers or consignees for all property belonging to 
shippers or consignees and coming into the possession of such carrier in 
connection with its transportation service: Provided, That the 
requirements of this paragraph shall not apply in connection with the 
transportation of the following commodities:

Agricultural ammonium nitrate.
Agricultural nitrate of soda.
Anhydrous ammonia--used as a fertilizer only.
Ashes, wood or coal.
Bituminous concrete (also known as blacktop or amosite), including 
mixtures of asphalt paving.
Cement, dry, in containers or in bulk.
Cement, building blocks.
Charcoal.
Chemical fertilizer.
Cinder blocks.
Cinders, coal.
Coal.
Coke.
Commercial fertilizer.
Concrete materials and added mixtures.
Corn cobs.
Cottonseed hulls.

[[Page 297]]

Crushed stone.
Drilling salt.
Dry fertilizer.
Fish scrap.
Fly ash.
Forest products; viz: Logs, billets, or bolts, native woods, Canadian 
wood or Mexican pine; pulpwood, fuel wood, wood kindling; and wood 
sawdust or shavings (shingle tow) other than jewelers' or paraffined.
Foundry and factory sweepings.
Garbage.
Gravel, other than bird gravel.
Hardwood and parquet flooring.
Haydite.
Highway construction materials, when transported in dump trucks and 
unloaded at destination by dumping.
Ice.
Iron ore.
Lime and limestone.
Liquid fertilizer solutions, in bulk, in tank vehicles.
Lumber.
Manure.
Meat scraps.
Mud drilling salt.
Ores, in bulk, including ore concentrates.
Paving materials, unless contain oil hauled in tank vehicles.
Peat moss.
Peeler cores.
Plywood.
Poles and piling, other than totem poles.
Potash, used as commercial fertilizer.
Pumice stone, in bulk in dump vehicles.
Salt, in bulk or in bags.
Sand, other than asbestos, bird, iron, monazite, processed, or tobacco 
sand.
Sawdust.
Scoria stone.
Scrap iron.
Scrap steel.
Shells, clam, mussel, or oyster.
Slag, other than slag with commercial value for the further extraction 
of metals.
Slag, derived aggregates--cinders.
Slate, crushed or scrap.
Slurry, as waste material.
Soil, earth or marl, other than infusorial, diatomaceous, tripoli, or 
inoculated soil or earth.
Stone, unglazed and unmanufactured, including ground agricultural 
limestone.
Sugar beet pulp.
Sulphate of ammonia, bulk, used as fertilizer.
Surfactants.
Trap rock.
Treated poles.
Veneer.
Volcanic scoria.
Waste, hazardous and nonhazardous, transported solely for purposes of 
disposal.
Water, other than mineral or prepared--water.
Wood chips, not processed.
Wooden pallets, unassembled.
Wreck or disabled motor vehicles.
Other materials or commodities of low value, upon specific application 
to and approval by the FMCSA.

    (c) Continuing compliance required. Such security as is accepted by 
the FMCSA in accordance with the requirements of section 13906 of title 
49 of the U.S. Code, shall remain in effect at all times.

[48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 
62 FR 49941, Sept. 24, 1997]