Hazardous Materials, Financial Responsibility

Overview

Motor carriers of property operating commercial motor vehicles in interstate, foreign or intrastate commerce, and for-hire carriers of passengers operating in interstate or foreign commerce, must have at least the minimum amount of insurance required by law. Financial responsibility means having insurance policies or surety bonds sufficient to satisfy the minimum public liability requirements. Proof of financial responsibility may be in the form of Form MCS-90 issued by an insurer, or Form MCS-82 issued by a surety, or a written decision, order or authorization of the Interstate Commerce Commission authorizing the motor carrier to self-insure. The proof of minimum levels of financial responsibility is considered public information and must be produced for review upon reasonable request by a member of the public.

The minimum levels of financial responsibility are as follows:

1. For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds). Transporting property (nonhazardous). $750,000.
2. For-hire and Private (In interstate, foreign or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds). Transporting 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 10,001 or more pounds). Transporting 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. $1,000,00.
4. For-hire and Private (In interstate or foreign commerce, with a gross vehicle weight rating of less than 10,001 pounds). Transporting 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.