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 part 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 3,500 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].