§FMCSR.com
Current textSource: eCFR

§ 387.301 Surety bond, certificate of insurance, or other securities.

Current wording, effective June 18, 2018.

eCFR (current) ↗
What changedOct. 1, 2001 wording → June 18, 2018 wording (current)+158 added−432 removedHide

(a) Public liability. (1) No commonfor-hire ormotor 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, ofUnited theStates 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 §  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. CodeC., or for loss of or damage to property of others, or, in the case of motor carriers of property operating freight vehicles described in §  387.303(b)(2), for environmental restoration. Passenger motor carriers exempt under § 387.27 of this part, forare environmentalnot restorationsubject to this limitation on transportation or required to file evidence of financial responsibility.
(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 §  387.303(b)(2), are required to obtain security in the minimum limits prescribed in §  387.303(b)(2).
(b) CommonHousehold goods motor carriers-cargo insurance; exempt commodities. No commonhousehold carriergoods by motor vehiclecarrier subject to Subtitlesubtitle 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 household goods motor 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 §  387.303, conditioned upon such carrier making compensation to individual shippers or consignees for all property belonging to individual shippers or consignees and coming into the possession of such carrier in connection with its transportation service:. Provided,The Thatterms the“household requirementsgoods ofmotor thiscarrier” paragraphand shall“individual notshipper” applyare defined in connection§ with the transportation of the following commodities:
Agricultural ammonium nitrate
375.
Agricultural
103 nitrate of soda.
Anhydrous
this ammonia—used as a fertilizer onlysubchapter.
Ashes,(c) woodContinuing orcompliance coalrequired.
Bituminous
concreteSuch (alsosecurity known as blacktopis oraccepted amosite),by includingthe mixturesFMCSA of asphalt paving.
Cement, dry,
in containersaccordance orwith inthe bulk.
Cement,
requirements buildingof blocks.
Charcoal.
Chemical
section fertilizer.
Cinder
13906 blocks.
Cinders,
of coal.
Coal.
Coke.
Commercial
title fertilizer.
Concrete
49 materialsof andthe added mixturesU.
Corn cobs
S.
Cottonseed
hulls.
Crushed stone.
Drilling salt.
Dry fertilizer.
Fish scrap.
Fly ash.
Forest products; viz: Logs
Code, billets,shall orremain 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 dumpeffect trucks and unloaded at destinationall by dumpingtimes.
Ice.
Iron
[48 ore.
Lime
FR and limestone.
Liquid fertilizer solutions
51780, in bulk, in tank vehiclesNov.
Lumber.
Manure.
Meat
scraps.
Mud drilling salt.
Ores
14, in bulk1983, includingas oreamended concentrates.
Paving
at materials,60 unlessFR contain oil hauled in tank vehicles.
Peat moss.
Peeler cores.
Plywood.
Poles and piling
63981, other than totem polesDec.
Potash,
used as commercial fertilizer.
Pumice stone
13, in1995; bulk62 inFR dump vehicles.
Salt
49941, in bulk or in bagsSept.
Sand,
other than asbestos24, bird,1997; iron,75 monazite,FR processed35328, orJune tobacco sand.
Sawdust.
Scoria stone.
Scrap iron.
Scrap steel.
Shells
22, clam,2010; mussel,81 orFR oyster.
Slag
63709, other than slag with commercial value for the further extraction of metalsOct.
Slag,
derived aggregates—cinders.
Slate
21, crushed2015; or81 scrap.
Slurry,
FR as waste material.
Soil
49554, earthJuly or marl28, other2016; than83 infusorial,FR diatomaceous22877, tripoli,May or inoculated soil or earth.
Stone
17, unglazed and unmanufactured, including ground agricultural limestone.2018]
SugarEffective beetDate pulp.Note:
SulphateAt of82 ammonia,FR bulk5307, used as fertilizerJan.
Surfactants.
Trap
rock.
Treated poles.
Veneer.
Volcanic scoria.
Waste
17, hazardous and nonhazardous2017, transported§ solely for purposes of disposal387.
Water,
301 otherwas than mineral or prepared—water.
Wood chips
suspended, noteffective processedJan.
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, Dec2017. 13, 1995; 62 FR 49941, Sept. 24, 1997]

(a) Public liability. (1) No for-hire motor 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, United States Code, shall engage in interstate or foreign commerce, and no certificate 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 § 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, U.S.C., or for loss of or damage to property of others, or, in the case of motor carriers of property operating freight vehicles described in § 387.303(b)(2), for environmental restoration. Passenger motor carriers exempt under § 387.27 of this part are not subject to this limitation on transportation or required to file evidence of financial responsibility.

(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 § 387.303(b)(2), are required to obtain security in the minimum limits prescribed in § 387.303(b)(2).

(b) Household goods motor carriers-cargo insurance. No household goods motor carrier subject to subtitle IV, part B, chapter 135 of title 49 of the U.S. Code shall engage in interstate or foreign commerce, nor shall any certificate be issued to such a household goods motor 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 § 387.303, conditioned upon such carrier making compensation to individual shippers for all property belonging to individual shippers and coming into the possession of such carrier in connection with its transportation service. The terms “household goods motor carrier” and “individual shipper” are defined in § 375.103 of this subchapter.

(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; 75 FR 35328, June 22, 2010; 81 FR 63709, Oct. 21, 2015; 81 FR 49554, July 28, 2016; 83 FR 22877, May 17, 2018]

Effective Date Note:

At 82 FR 5307, Jan. 17, 2017, § 387.301 was suspended, effective Jan. 14, 2017.

Amendment history

9 distinct wordings on file since Oct. 1, 1998
  1. [48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49941, Sept. 24, 1997; 75 FR 35328, June 22, 2010; 81 FR 63709, Oct. 21, 2015; 81 FR 49554, July 28, 2016; 83 FR 22877, May 17, 2018]
  2. [48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49941, Sept. 24, 1997; 75 FR 35328, June 22, 2010; 81 FR 63709, Oct. 21, 2015; 81 FR 49554, July 28, 2016]
  3. [48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49941, Sept. 24, 1997; 75 FR 35328, June 22, 2010; 81 FR 63709, Oct. 21, 2015; 81 FR 49554, July 28, 2016]
  4. [48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49941, Sept. 24, 1997; 75 FR 35328, June 22, 2010]
  5. [48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49941, Sept. 24, 1997; 75 FR 35328, June 22, 2010]
  6. [48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49941, Sept. 24, 1997; 75 FR 35328, June 22, 2010]
  7. [48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49941, Sept. 24, 1997]
  8. [48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49941, Sept. 24, 1997]
  9. Oct. 1, 1998 → Oct. 1, 2001annual editions 1998–2000
    [48 FR 51780, Nov. 14, 1983, as amended at 60 FR 63981, Dec. 13, 1995; 62 FR 49941, Sept. 24, 1997]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.