Parte 387 - Niveles Mínimos
de Responsabilidad Financiera para los Transportistas Motorizados
Un transportista común o transportista de contrato o el transportista
extranjero (mexicano) privado que transporte mercancía reglamentar o
exenta sujetas al Título 49 del Código de los Estados Unidos,
Subtitulo IV, de la parte B, capítulo 135 deben de archivar las fianzas
y certificados de seguros, prueba de credenciales como auto-asegurador, u otros
valores o acuerdos, en las cantidades prescritas en §387.303 con la FMCSA.
|
Responsabilidad
financiera significa tener pólizas de seguro o fianzas de
caución suficientes para satisfacer los |
|
| Requisitos
de |
Los
transportistas de propiedades que operan vehículos motorizados comerciales
en |
| Prueba |
El transportista
debe tener prueba del nivel mínimo de seguro en el sitio principal
de negocios de la compañía. La prueba se puede demostrar con
uno de los documentos siguientes:
Endosos de pólizas de seguro para responsabilidad civil pública de transportistas motorizados conforme a las Secciones 29 y 30 de la Ley de Transportistas Motorizados de 1980 (Forma MCS-90) expedidos por una compañía de seguros. Endosos de pólizas de seguro para responsabilidad civil pública de transportistas motorizados de pasajeros conforme a la Sección 18 de la Ley de Reforma de Regulaciones de Ómnibus de 1982 (Forma MCS-90B*) expedidos por una compañía de seguros. Una Fianza de Caución de Transportistas Motorizados para responsabilidad civil pública conforme a la Sección 30 de la Ley de Transportistas Motorizados de 1980 (Forma MCS-82) expedida por un asegurador. Una Fianza de Caución de Transportistas Motorizados de Pasajeros para responsabilidad civil pública conforme a la Sección 18 de la Ley de Reforma de las Regulaciones de Ómnibus de 1982 (Forma MCS-82B*) expedida por un asegurador. Una decisión, orden u autorización por escrito de la Administración Federal de Seguridad del Transporte Automotor autorizando al transportista motorizado a autoasegurarse en virtud de 49 CFR 387.309. * Los ejemplos de las Formas MCS-90, MCS-90B, MCS-82 y MCS-82B se muestran en las páginas siguientes. |
|
Federal Motor
Carrier |
Form
Approved:
OMB No.: 2126-0008 |
|
MOTOR
CARRIER PUBLIC LIABILITY SURETY BOND
UNDER SECTION 18 OF THE BUS REGULATORY REFORM ACT OF 1982 |
||
|---|---|---|
| PARTIES | Surety
Company and Principal Place of Business Address __________________________________ __________________________________ __________________________________ __________________________________ |
Motor
Carrier Principal, FMCSA Docket No.,And Principal Place of Business Address __________________________________ __________________________________ __________________________________ __________________________________ |
| 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
and property damage claims in the sums prescribed herein, subject to the
governing provisions and following conditions. |
|
| GOVERNING PROVISIONS | (1)
Section 18 of the Bus Regulatory Reform Act of 1982 (2) Rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA) |
|
| CONDITIONS | The Principal
is or intends to become a motor carrier of passengers subject to the applicable
governing provisions relating to financial responsibility for the protection
of the public. This bond assures ensures compliance by the Principal with the applicable governing provisions, and shall inure to the benefit of any person or persons who shall recover a final judgment or judgments against the Principal for public liability or property damage claims (excluding injury to or death of the Principals 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 for each motor vehicle subject to the applicable governing provisions for each accident shall not exceed $___________________________________, and shall be a continuing one notwithstanding any recovery thereunder. 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 ___________________________________________ (12:01 a.m., standard time, at the address of the Principal as stated herein) and shall continue in force until terminated as described herein. The Principal or the Surety may at any time terminate this bond 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 Principal is subject to the FMCSAs registration requirements, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date notice is received by the FMCSA at its office in Washington, D.C.). The Surety shall not be liable for the payment of any judgment or judgments against the Principal for public liability or property damage claims resulting from accidents which occur after the termination of this bond as described herein, but such termination shall not affect the liability of the Surety from the payment of any such judgment or judgments resulting from accidents which occur during the time the bond is in effect. |
|
(AFFIX CORPORATE SEAL) |
______________________________________________
Date ______________________________________________ Surety ___________________________ _________________ City State By __________________________________________ |
|
|
ACKNOWLEDGMENT OF SURETY |
||
| STATE OF___________________________________ | COUNTY
OF_______________________________________ |
| On this
________ day of __________________________, 20___, before me personally
came _____________________________________,who, being by me duly sworn,
did depose and say that he resides in ______________________________________;
that he/she is ____________________________________ of the _______________________________, the corporation described in and which executed the foregoing instrument; that he 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 signed his name thereto by like order, and he duly acknowledged to me that he executed the same for and on behalf of said corporation. |
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|
_______________________________________
_______________________________________ Title of official administering oath |
|
| (OFFICIAL
SEAL) Surety Company File No. __________________________________________ Form MCS-82B (4/2000) |
|
|
Federal Motor Carrier |
Form
Approved:
OMB No.: 2126-0008 |
ENDORSEMENT FOR MOTOR
CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY
UNDER SECTION 18 OF THE BUS REGULATORY REFORM ACT OF 1982
Issued to ________________________________________ of __________________________________________
Dated at _______________________________ this ______ day of ______________________________,
20 _______
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 Federal Motor Carrier Safety Administration (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 of 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 FMCSAs registration requirements, 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 result in
Public Liability which the insured neither expected nor intended. Bodily Injury means injury to the body, sickness, or disease to any person, including death resulting from any of these. ___________________________________________________ |
Motor
Carrier means a for-hire carrier of passengers by motor vehicle. Property Damage means damage to or loss of use of tangible property Public Liability means liability for bodily injury or property damage. __________________________________________________ |
|
| 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 for-hire motor carrier of passengers
with Section 18 of the Bus Regulatory Reform Act of 1982 and the rules
and regulations of the Federal Motor Carrier Safety Administration. 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 received against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to financial responsibility requirements of Section 18 of the Bus Regulatory Reform Act of 1982 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 insureds 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 again 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 companys 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. |
|
|
Form MCS-90B |
||
|
SCHEDULE OF LIMITS--PUBLIC LIABILITY For-hire motor carriers of passengers operating in interstate or foreign commerce |
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|---|---|---|
| Vehicle Seating Capacity | Effective Dates | |
| Nov. 19, 1983 | Nov. 19, 1985 | |
| (1)
Any vehicle with a seating capacity of 16 passengers or more. |
$2,500,000 |
$5,000,000 |
| (2) Any vehicle with a seating capacity of 15 passengers or less. | $ 750,000 | $1,500,000 |
|
Federal Motor Carrier |
Form
Approved:
OMB No.: 2126-0008 |
|
DEFINITIONS AS USED IN THIS ENDORSEMENT |
|
| Accident
includes continuous or repeated exposure to conditions or which results
in bodily injury, property damage, or environmental damage which the insured
neither expected nor 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. |
Property
Damage means damage to or loss of use of tangible property. 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. Public Liability means liability for bodily injury, property damage, and environmental restoration |
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_______________________________________________________________________
|
|
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 Administration (FMCSA). 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. |
THE SCHEDULE OF LIMITS SHOWN ON THE REVERSE SIDE DOES NOT PROVIDE COVERAGE. The limits shown in the schedule are for information purposes only. Form MCS-90 (4/2000) |
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SCHEDULE OF LIMITSPUBLIC LIABILITY |
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|---|---|---|
|
Type of carriage |
Commodity
transported
|
Jan.
1, 1985
|
|
(1) For-hire (In interstate or foreign commerce, with a gross vehicle
weight rating of 10,000 or more pounds).
|
Property
(nonhazardous)........................................ |
$
750,000
|
|
(2)
For-hire and Private (In interstate, foreign, or intrastate commerce,
with a gross vehicle weight rating of 10,000 or more pounds).
|
Hazardous
substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; or in bulk Division 1.1, 1.2, and 1.3 materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403 |
$5,000,000
|
|
(3)
For-hire and Private (In interstate or foreign commerce, in any quantity;
or in intrastate commerce, in bulk only; with a gross vehicle weight
rating of 10,000 or more pounds).
|
Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in (2) above or (4) below. |
$1,000,000
|
|
(4)
For-hire and Private (In interstate or foreign commerce, with a gross
vehicle weight rating of less than 10,000 pounds).
|
Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403. |
$5,000,000
|
|
Federal Motor Carrier |
Form
Approved:
OMB No.: 2126-0008 |
|
MOTOR
CARRIER PUBLIC LIABILITY SURETY BOND
UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 |
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|---|---|---|
|
PARTIES
|
Surety
Company and Principal Place of Business Address __________________________________ __________________________________ __________________________________ __________________________________ |
Motor
Carrier Principal, FMCSA Docket No., And Principal Place of Business Address __________________________________ __________________________________ __________________________________ __________________________________ |
| 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. 31139). (2) Rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA) |
|
| 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 ___________________________________(12:01 a.m., standard time, at the address of the Principal as stated herein) and shall continue in force until terminated as described herein. The principal or the Surety may at any time terminate this bond by giving (1) thirty-five (35) days notice in writing to the other party (said 35 day notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the Principal is subject to the FMCSA's registration requirements, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date notice is received by the FMCSA at its office in Washington, D.C.). The Surety shall not be liable for the payment of any judgment or judgments against the Principal for public liability, property damage, or environmental restoration claims resulting from accidents which occur after the termination of this bond as described herein, but such termination shall not affect the liability of the Surety for the payment of any such judgment or judgments resulting from accidents which occur during the time the bond is in effect |
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|
(AFFIX
CORPORATE SEAL)
|
______________________________________________
Date ______________________________________________ Surety ___________________________ _________________ City State By _______________________________________ |
|
|
ACKNOWLEDGMENT OF SURETY |
|
| STATE OF ___________________________________ | COUNTY
OF _________________________________________ |
| On this ________ day of ________________________, 20___, before me personally came __________________________________, who, being by me duly sworn, did depose and say that he resides in ______________________________________; that he/she is the ________________________________________ of the _____________________________ , the corporation described in and which executed the foregoing instrument; that he 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. | |
|
_______________________________________
_______________________________________ Title of official administering oath |
|
(OFFICIAL SEAL) Surety Company File No. _________________________________ Form MCS-82 (4/2000) |
|