PURPOSE: This rule prescribes the amounts and filing requirements for insurance.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

1. (1) Except as provided in section (2), every motor carrier operating motor vehicles in intrastate commerce by authority of the Division of Motor Carrier and Railroad Safety shall at all times have on file with and approved by the division a surety bond or a certificate of public liability and property damage insurance (on a form approved by the division) which shall show specifically that the required uniform endorsements are attached to the policy covering each motor vehicle in amounts not less than the following amounts:

   1. (A) Passenger vehicles—twelve (12)-passenger or less capacity, $100,000 for injury or death of one (1) person; $300,000 for any one (1) accident; $50,000 property damage for any one (1) accident. More than twelve (12)-passenger capacity, $100,000 for injury or death of one (1) person; $500,000 for any one (1) accident; $50,000 property damage for any one (1) accident; and
   2. (B) Freight vehicles—$100,000 for injury or death of one (1) person; $300,000 for any one (1) accident; $50,000 property damage for any one (1) accident.
2. (2) Every motor carrier operating motor vehicles in interstate commerce in or through Missouri, and every motor carrier operating motor vehicles in intrastate commerce transporting those types of commodities designated in the following table, at all times shall have on file with and approved by the division a surety bond or a certificate of public liability (bodily injury) and property damage insurance; except that a motor carrier whose Missouri vehicle operations are exclusively in interstate commerce under Interstate Commerce Commission (ICC) or Federal Highway Administration (FHWA) authority shall file proof of insurance with its registration state as required by the Single State Registration System (SSRS) Procedures Manual which is incorporated by reference in this rule. Every surety bond and insurance certificate shall show specifically that the required uniform endorsements are attached to the policy covering each motor vehicle in amounts not less than the amounts depicted on the following table: (Public Liability and Property Damage Insurance)

Type of Carriage

1) Motor carriers operating in interstate commerce, with a gross vehicle weight rating of 10,000 or more pounds

2) Motor carriers operating in interstate commerce or intrastate commerce, with a gross vehicle weight rating of 10,000 or more pounds

3) Motor carriers operating in interstate commerce or intrastate commerce, with a gross vehicle weight rating of 10,000 or more pounds

4) Motor carriers operating in interstate commerce,with a gross vehicle weight rating of LESS THAN 10,000 pounds

5) Motor carriers operating in interstate commerce

1NOTE: As used in row number 2) of the above table, the following definitions apply: “In bulk” means 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) means the transportation, as cargo, of any Division 1.1, 1.2 or 1.3 materials in any quantity; and “In bulk” (Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A materials) means 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. SCHEDULE OF LIMITS

Commodity Transported

Property (nonhazardous)

Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks or hopper-type vehicles with capacities in excess of 3500 water gallons; or in bulk1 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 materials; or 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

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) or 4)

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

Passengers—Any vehicle with a seating capacity of 16 passengers or more Passengers—Any vehicle with a seating capacity of 15 passengers or less Amount

$ 750,000

$5,000,000

$1,000,000

$5,000,000

$5,000,000

$1,500,000 (3) The certificate of insurance (form E) shall state that the insurer has issued to the motor carrier a policy of insurance which by endorsement provides automobile bodily injury and property damage liability insurance covering the obligations imposed upon the motor carrier by the provisions of the law of this state. The certificate shall be on form E—Uniform Motor Carrier Bodily Injury And Property Damage Liability Certificate of Insurance. The certificate shall be duly completed and executed by the insurer. The endorsements shall be attached to the insurance policy and shall form a part of it and true copies of the policy with the endorsements attached shall be maintained at the motor carrier’s principal place of business (if any) within this state. The endorsements shall be on form F—Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsements. The endorsements shall be duly completed and executed by the insurer. The form F endorsement amends the insurance policy to which it is attached to assure compliance with this rule by the motor carrier. The surety bond shall be in the form set forth in form G—Uniform Motor Carrier Bodily Injury And Property Damage Surety Bond. The bond shall be duly completed and executed by the surety and principal. The division shall accept, as a fifteen (15)-day binder pending the receipt of the original form, legible copies of forms E and G filed with the division by telephonic (fax) transmission. If the original form is not received by the division within fifteen (15) days after receipt of the fax, then the carrier is not in compliance with this section and the division will accept only the original form.

1. (4) Except as otherwise provided in this rule or by division order, each freight-carrying vehicle while transporting household goods in intrastate commerce within this state shall be covered by a surety bond or certificate of cargo insurance filed with, and approved by, the division in amounts not less than the following: for loss or damage to property carried on any one (1) motor vehicle—$2500; for loss or damage to or aggregate of losses or damages of or to property occurring at any one (1) time and place—$5000.

   1. (A) Any shipper and contract carrier may agree upon different limits of cargo insurance than these set forth or the shipper may expressly waive the requirements of any cargo insurance. Any such agreement or waiver shall be evidenced in writing and filed with the division in lieu of policy of insurance.
   2. (B) 49 U.S.C. sections 14501(c) and 41713(b) generally preempts the states from enacting or enforcing any law, regulation, or other provision having the force and effect of law relating to the prices, routes and services of motor carriers of property (except household goods). The division interprets this federal law as generally preempting Missouri’s uniform cargo liability rules, because the Act imposes a condition requiring those rules to be optional at the request of the carrier, which is not allowed by Missouri law. This section has therefore been amended to require cargo insurance only with respect to household goods.
2. (5) The certificate of insurance shall state that the insurer has issued to the motor carrier a policy of insurance which by endorsement provides cargo insurance covering the obligations imposed upon the motor carrier by provisions of the law of this state. The certificate shall be on form H—Uniform Motor Carrier Cargo Certificate Of Insurance. The certificate shall be duly completed and executed by the insurer. The surety bond shall be in the form set forth in form J—Uniform Motor Carrier Cargo Surety Bond. The bond shall be duly completed and executed by the surety and principal. The division shall accept, as a fifteen (15)-day binder pending the receipt of the original form, legible copies of forms H and J filed with the division by fax transmission. If the original form is not received by the division within fifteen (15) days after receipt of the fax, then the carrier is not in compliance with this section and the division will accept only the original form.
3. (6) Except as provided in section (7) of this rule, an insurer under the provisions of this rule shall give the division not less than thirty (30) days’ notice of the cancellation of motor carrier bodily injury and property damage liability insurance or motor carrier cargo insurance, by filing with the division the form of notice set forth in form K— Uniform Notice Of Cancellation Of Motor Carrier Insurance Policies. The notice shall be duly completed and executed by the insurer. A surety under the provisions of the rule shall give the division not less than thirty (30) days’ notice of the cancellation of motor carrier bodily injury and property damage liability surety bond or motor carrier cargo surety bond, by filing with the division the form of notice set forth in form L—Uniform Notice Of Cancellation Of Motor Carrier Surety Bond. The notice shall be duly completed and executed by the surety or motor carrier.
4. (7) Policies of insurance and surety bonds required under this rule may be replaced by other policies of insurance or surety bonds. 4 CSR 265-10

The liability of the retiring insurer or surety shall be considered as having terminated on the effective date of the replacement policy of insurance or surety bond if accepted by the division; provided, however, that if a cancellation notice under section (6) of this rule is received prior to receipt of the replacement certificate of insurance or surety bond, the liability of the retiring insurer or surety shall be considered as having terminated at the end of the thirty (30)-day cancellation period required in section (6) of this rule.

1. (8) When the insurance company issuing the policy desires to write coverage on both public liability and property damage and cargo insurance, separate certificates and endorsements shall be used.
2. (9) Before any policy of insurance shall be accepted by the division, the insurance company issuing the policy, or the carrier offering same, upon request of the division, shall furnish evidence satisfactory to the division that the insurance company issuing the policy is duly authorized to transact business in Missouri and to issue the policy offered and that it is financially able to meet its obligations.
3. (10) All insurance certificates and surety bonds filed with the division shall remain on file in the division and must not be removed from the division except with the written permission of the division.
4. (11) For reinstatement of insurance which has been cancelled, a new certificate of insurance must be filed.

5. (12) Forms E, F, G, H, I, J, K and L referred to in this rule are the standard forms determined by the National Association of Regulatory Utility Commissioners and adopted for use by this division. All insurance forms to be filed with the division, including duplicates and copies, shall be legible. All insurance forms shall be filed in duplicate, including the original, signed form, on paper not greater in size than eight and one-half inches wide by five inches high (8 1/2" × 5"), except as follows:

   1. (A) One (1) copy of a fifteen (15)-day binder may be filed by facsimile transmission as provided under section (3) or section (5) of this rule;
   2. (B) One (1) copy of the proof of insurance required by the SSRS Procedures Manual may be filed with this division as provided under section (2), and may be filed on paper not greater in size than eight and one-half inches wide by eleven inches high (8 1/2" × 11"); and
   3. (C) Bond form G may be filed on paper not greater in size than eight and one-half inches wide by eleven inches high (8 1/2" × 11").

6. (13) As used in this rule, unless the context clearly indicates otherwise, the following words and terms mean:

   1. (A) Cancellation—the termination of insurance coverage by either the insurer or the insured;
   2. (B) Endorsement—a written amendment to the insurance policy;
   3. (C) Property damage—damage to or loss of use of tangible property; and
   4. (D) Public liability—liability for injuries to the body, sickness or disease, including death resulting from any of these, and for property damage.

AUTHORITY: section 622.027, RSMo Supp. 1997.* Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed April 16, 1986, effective June 30, 1986. Emergency amendment filed Sept. 21, 1988, effective Oct. 1, 1988, expired Jan. 28, 1989. Amended: Filed Oct. 18, 1988, effective Dec. 29, 1988. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Amended: Filed June 22, 1998, effective Feb. 28, 1999. *Original authority 1985, amended 1993, 1995.