Endorsements for policies of insurance (Illustration I) and surety bonds
(Illustration II) must be in the form prescribed by the FMCSA and approved by the OMB.
Endorsements to policies of insurance and surety bonds shall specify that
coverage thereunder
will remain in effect continuously until terminated, as required in §387.7(b)(3)
of this subpart. The endorsement and surety bond shall be issued in the exact
name of the motor carrier
ILLUSTRATION I
Form MCS–90 (3/82)
Form Approved
OMB No. 2125–0074
ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY
UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980
Issued to ____________________
of
____________________
Dated at ____________________
this ____________________ day of____________________, 19_______
Amending Policy No ____________________
Effective Date ____________________
Name of Insurance Company ____________________
Countersigned by ____________________
Authorized Company Representative
The policy to which this endorsement is attached provides primary or excess
insurance, as indicated by “X", for the limits shown:
[ ] This
insurance is primary and the company shall not be liable for amounts in excess
of $____ for each accident.
[ ] This
insurance is excess and the company shall not be liable for amounts in excess
of $____ for each accident in excess of the underlying limit of $ ____for each
accident.
Whenever required by the FMCSA
the company agrees to furnish the FMCSA a duplicate of said policy and all its
endorsements. The company also agrees, upon telephone request by an authorized
representative of the FMCSA,
to verify that the policy is in force as of a particular date. The telephone
number to call is:______________________.
_____________________________________________________________________________________
Cancellation of this endorsement may be effected by the company or the
insured by giving (1) thirty–five (35) days notice in writing to the other
party (said 35 days notice to commence from the date the notice is mailed,
proof of mailing shall be sufficient proof of notice), and (2) if the insured
is subject to the FMCSA's
jurisdiction, by providing thirty (30) days notice to the FMCSA (said 30 days notice to
commence from the date the notice is received by the FMCSA at its office in Washington,
D.C.).
DEFINITIONS AS USED IN THIS ENDORSEMENT
Accident includes continuous or repeated exposure to conditions which
results in bodily injury, property damage, or environmental damage which the
insured neither
expected or intended.
Motor Vehicle means a land vehicle, machine, truck, tractor, trailer,
or semitrailer
propelled or drawn by mechanical power and used on a highway for transporting
property, or any combination thereof.
Bodily Injury means injury to the body, sickness, or disease to any
person, including death resulting from any of these.
Environmental Restoration means 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 measures taken to
minimize or mitigate damage to human health, the natural environment, fish,
shellfish, and wildlife.
Property Damage means damage to or loss of use of tangible property.
Public Liability means liability for bodily injury, property damage,
and environmental restoration.
The insurance policy to which this endorsement is attached
provides automobile liability insurance and is amended to assure compliance by
the insured, within the limits stated herein, as a motor carrier of property,
with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and
regulations of the Federal Motor Carrier Safety.
In consideration of the premium stated in the policy to which this
endorsement is attached, the insurer (the company) agrees to pay, within the
limits of liability described herein, any final judgment recovered against the
insured for public liability resulting from negligence in the operation,
maintenance or use of motor vehicles subject to the financial responsibility
requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless
of whether or not each motor vehicle is specifically described in the policy
and whether or not such negligence occurs on any route or in any territory
authorized to be served by the insured or elsewhere. Such insurance as is afforded,
for public liability, does not apply to injury to or death of the insured's
employees while engaged in the course of their employment, or property
transported by the insured, designated as cargo. It is understood and agreed
that no condition, provision, stipulation, or limitation contained in the
policy, this endorsement, or any other endorsement thereon, or violation
thereof, shall relieve the company from liability or from the payment of any
final judgment, within the limits of liability herein described, irrespective
of the financial condition, insolvency or bankruptcy of the insured. However,
all terms, conditions, and limitations in the policy to which the endorsement
is attached shall remain in full force and effect as binding between the
insured and the company. The insured agrees to reimburse the company for any
payment made by the company on account of any accident, claim, or suit
involving a breach of the terms of the policy, and for any payment that the
company would not have been obligated to make under the provisions of the
policy except for the agreement contained in this endorsement.
It is further understood and agreed that, upon failure of the company to pay
any final judgment recovered against the insured as provided herein, the
judgment creditor may maintain an action in any court of competent jurisdiction
against the company to compel such payment.
The limits of the company's liability for the amounts prescribed in this
endorsement apply separately to each accident and any payment under the policy
because of any one accident shall not operate to reduce the liability of the
company for the payment of final judgments resulting from any other accident.
ILLUSTRATION II
Form MCS–82 (4/83)
(Form approved by Office of Management and Budget under control no.
2125–0075)
MOTOR CARRIER PUBLIC LIABILITY SURETY BOND UNDER SECTIONS 29 AND 30 OF THE
MOTOR CARRIER ACT OF 1980
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Surety company and principal place of business address |
Motor carrier principal FMCSA Docket No. and principal place of business |
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Purpose — This is an agreement between the Surety
and the Principal under which the Surety, its successors and assignees, agree to
be responsible for the payment of any final judgment or judgments against the
Principal for public liability, property damage, and environmental restoration
liability claims in the sums prescribed herein; subject to the governing provisions and the
following conditions.
Governing provisions—(1) Sections 29 and 30 of the
Motor Carrier Act of 1980 (49 U.S.C.
13906).
(2) Rules and regulations of the Federal Motor Carrier Safety Administration.
Conditions—The Principal is or intends to
become a motor carrier of property subject to the applicable governing
provisions relating to financial responsibility for the protection of the
public.
This bond assures compliance by the Principal with the applicable governing
provisions, and shall insure to the benefit of any person or persons who shall
recover a final judgment or judgments against the Principal for public
liability, property damage, or environmental restoration liability claims
(excluding injury to or death of the Principal's employees while engaged in the
course of their employment, and loss of or damage to property of the principal,
and the cargo transported by the Principal). If every final judgment shall be
paid for such claims resulting from the negligent operation, maintenance, or
use of motor vehicles in transportation subject to the applicable governing
provisions, then this obligation shall be void, otherwise it will remain in
full effect.
Within the limits described herein, the Surety extends to such losses
regardless of whether such motor vehicles are specifically described herein and
whether occurring on the route or in the territory authorized to be served by
the Principal or elsewhere.
The liability of the Surety on each motor vehicle subject to the financial
responsibility requirements of Section's 29 and 30 of the Motor Carrier Act of
1980 for each accident shall not exceed $ __________, and shall be a continuing
one notwithstanding any recovery hereunder.
The surety agrees, upon telephone request by an authorized representative of
the FMCSA,
to verify that the surety bond is in force as of a particular date. The
telephone number to call is:_________________
This bond is effective from ___________(
(AFFIX CORPORATE SEAL)
Date ____________________
Surety ____________________
City ____________________
State ____________________
By ____________________
ACKNOWLEDGEMENT OF SURETY
State of ____________________
County of ____________________
On this______day
of________, 19______, before me personally came ________________, who, being by
me duly sworn, did depose and say that he/she resides in _________________;
that he/she is the________________ of the _________________, the corporation
described in and which executed the foregoing instrument; that he/she knows the
seal of said corporation, that the seal affixed to said instrument is such
corporate seal, that it was so affixed by order of the board of directors of
said corporation, that he/she signed his/her name thereto by like order, and
he/she duly acknowledged to me that he/she executed the same for and on behalf
of said corporation.
(OFFICIAL SEAL)
____________________________________________________________
Title of official administering oath ____________________
Surety Company file No. ____________________
[46 FR 30982, June 11, 1981, as amended at 48 FR 52683, Nov. 21, 1983; 49 FR 27292, July 2, 1984; 49 FR 38290, Sept. 28, 1984; 51 FR 33856, Sept. 23, 1986; 53 FR 12160, Apr. 13, 1988; 54 FR 49092, Nov. 29, 1989; 59 FR 63924, Dec. 12, 1994; 66 FR 49873, Oct. 1, 2001; 70 FR 58065, Oct. 5, 2005]