PURPOSE: This rule defines and describes the procedures, forms and authorization for filing, canceling, replacing and reinstating proof of motor carrier insurance or surety bonds, and prescribes the minimum limits of public liability coverage for motor carriers of passengers or property, and minimum limits of cargo liability coverage for household goods carriers.

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

   1. (A) Bodily injury—Injury to the body, sickness, or disease, including death resulting from any of these.
   2. (B) Cancellation—The termination of insurance coverage by either the insurer or the insured.
   3. (C) Endorsement—A written amendment to the insurance policy.
   4. (D) FMCSA—Federal Motor Carrier Safety Administration, including any successor agency or official that hereafter is authorized by federal law to administer the licensing of interstate motor carriers.
   5. (E) Form—The standard form document that is currently specified for use by the division, including any electronic forms or data that may be approved by the division as acceptable equivalents pursuant to this rule or section 390.128, RSMo. Forms E, F, G, H, I, J, K and L referred to in this rule are incorporated by reference in this rule. The division may add, amend, or eliminate any standard forms, which may include joint or common forms used by the division in cooperation with other public governmental agencies or officials.
   6. (F) Property damage—Damage to or loss of use of tangible property, except property that the carrier transports as cargo on its motor vehicle.
   7. (G) Public liability—Liability for bodily injury or property damage; and with reference to the transportation of property in interstate commerce pursuant to authority granted by the FMCSA, or the transportation of any hazardous material, hazardous substance or hazardous waste in interstate or intrastate commerce, the term includes liability for environmental restoration.
   8. (H) SSRS—The Single State Registration System established pursuant to section 14504 of Title 49, United States Code, and part 365 of Title 49, Code of Federal Regulations, including any successor motor carrier registration system that may be created pursuant to section 13908 of Title 49, United States Code, and any federal regulations implementing that section, as those statutes and regulations have been or periodically may be amended.

2. (2) Filing of Documents. Insurance companies offering motor carrier insurance certificates, surety bonds, cancellation notices, or other documents for filing with the division pursuant to this rule, shall deliver the documents to the attention of the division’s registration section, in the division’s main office, by any of the following methods: personal delivery, U.S. mail, express courier delivery, and unless otherwise specifically ordered by the division, photocopies or FAX copies may be offered for filing instead of originals. Whenever the division determines that it has the capability, it may also receive and accept or reject these documents for filing through any national clearinghouse or private database, electronic mail (E-mail), or other approved electronic media, in conformity with section (10) of this rule. A person or company that offers photocopies, FAX copies, or electronic documents for filing shall be bound by them as if they were signed originals. All documents offered for filing shall comply with the applicable requirements and be properly signed or otherwise authenticated in accordance with this rule.

   1. (A) Upon request, the division will acknowledge receipt of any document offered for filing pursuant to this rule by stamping or marking the document, or other method approved by the division, which shall specify the date when received. The division shall receive these documents between the hours of 8:00 a.m. and 5:00 p.m. daily, except on Saturdays, Sundays and state holidays. If any document is received by the division by FAX, E-mail, or any other electronic medium on a Saturday, Sunday or state holiday, or on any other day after 5:00 p.m. but before 8:00 a.m. on the next succeeding day, then the division shall deem it as received at 8:00 a.m. on the next succeeding day that is neither a Saturday, Sunday, nor state holiday.

   2. (B) A document offered for filing pursuant to this rule is filed with the division when the designated division personnel have—

      1. 1. Received the completed document;
      2. 2. Made a preliminary review and deter-

mination that the document received is complete, properly authenticated, and satisfies all applicable legal requirements; and

1. 3. Confirmed the filing by stamping or

marking the document, or other method approved by the division, which shall record the date when filed.

1. (C) Except as provided in section (10) of this rule, whenever a document form is specified by this rule, the document shall be filed using that form.

2. (D) The division may reject any document filed or offered for filing pursuant to this rule, or declare it invalid at any time, and shall notify the motor carrier of the rejection or invalidity, if—

   1. 1. The motor carrier fails to comply, or

to obtain compliance by its insurer or surety, with any applicable requirement of the division pursuant to this rule, section 390.126, or section 390.128, RSMo;

1. 2. The person or persons purporting to

have signed or authenticated the document fail to give the division adequate assurance of the authenticity of the document, including any signatures or copies, when requested by the division; or

1. 3. The document is filed on paper that is

either larger than eight and one-half inches wide by eleven inches high (8 1/2" × 11"), or smaller than eight and one-half inches wide by five and one-half inches high (8 1/2" × 5 1/2").

1. (E) Insurance certificates and surety bonds filed with the division shall not be removed from the division’s custody, except as provided by law or by permission of the division director or personnel authorized by the director.

1. (3) Proof of Coverage and Minimum Limits of Public Liability for Intrastate Carriers Generally. Except as provided in section (4), every motor carrier operating any motor vehicles in intrastate commerce by authority of this division shall at all times have on file with and approved by the division a surety bond or a certificate of public liability 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 7 CSR 265-10

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

1. (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.

1. (4) Proof of Coverage and Minimum Limits of Public Liability for Interstate or Hazardous Materials Carriers. Every motor carrier operating any motor vehicles in interstate commerce in or through Missouri, and every motor carrier operating any 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 insurance; except that, before operating any motor vehicles within this state, a motor carrier whose Missouri vehicle operations are exclusively in interstate commerce under FMCSA 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, or in accordance with any succeeding SSRS requirements. Except as otherwise required to comply with SSRS, every surety bond and insurance certificate filed pursuant to this section 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: SCHEDULE OF MINIMUM LIMITS OF PUBLIC LIABILITY

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. 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 (5) Public Liability Insurance and Surety Bond Forms. The certificate of public liability 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 endorsement shall be attached to the insurance policy and form a part of it. True copies of the policy with the endorsement attached shall be maintained at the motor carrier’s principal place of business, and upon request shall be produced for inspection by the division within this state. The endorsement shall be on form F—Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsement. The endorsement 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. Except as otherwise required pursuant to SSRS, this section is applicable to interstate as well as intrastate motor carriers.

1. (6) Intrastate Household Goods Cargo Liability—Proof of Coverage, Minimum Limits and Forms. Except as otherwise provided in this rule or by division order, each 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 household goods cargo on any one (1) motor vehicle—$2500; for loss or damage to or aggregate of losses or damages of or to household goods cargo occurring at any one (1) time and place—$5000.

   1. (A) The certificate of cargo liability insurance shall state that the insurer has issued to the motor carrier of household goods 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 endorsement shall be attached to the insurance policy and form a part of it. True copies of the policy with the endorsement attached shall be maintained at the motor carrier’s principal place of business, and upon request shall be produced for inspection by the division within this state. The endorsement shall be on form I—Uniform Motor Carrier Cargo Insurance Endorsement, which shall be duly completed and executed by the insurer. The form I 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 J— Uniform Motor Carrier Cargo Surety Bond. The bond shall be duly completed and executed by the surety and principal.
   2. (B) An insurance company or surety shall file separate certificates or bonds, whenever it provides both cargo liability and public liability coverage for a motor carrier of household goods.
   3. (C) Any shipper and contract carrier of household goods may agree upon different limits of cargo insurance than this section requires, or the shipper may expressly waive cargo insurance coverage for all household goods shipments transported by the contract carrier. The agreement or waiver shall be evidenced in writing and filed with the division. When agreements or waivers are filed and in effect regarding all contracting shippers that a contract carrier may serve, upon the carrier’s request, the division shall waive the filing of a cargo liability insurance certificate or surety bond for that carrier.
2. (7) Cancellation and Reinstatement. Except as provided in section (8) 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. After cancellation in accordance with this section, a new certificate of insurance or surety bond must be filed to reinstate coverage for the motor 7 CSR 265-10

carrier. Except as otherwise required pursuant to SSRS, this section is applicable to interstate as well as intrastate motor carriers.

1. (8) Replacement Coverage. Policies of insurance and surety bonds required pursuant to this rule may be replaced by other policies of insurance or surety bonds. 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; except that if a cancellation notice under section (7) 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 (7) of this rule.
2. (9) Authorization of Insurer or Surety. Except as otherwise required pursuant to SSRS, upon request of the division, any insurance company that has filed or offers to file an insurance certificate 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) Electronic Filing of Insurance Documents. Whenever the division determines that it has the capability, it may also accept insurance certificates, surety bonds, cancellations, or any other documents offered for filing pursuant to this rule, or section 390.126 or 390.128, RSMo, on behalf of intrastate or interstate motor carriers, or both, through any national clearinghouses or private databases, by electronic mail (E-mail), or by any other electronic media approved by the division.

   1. (A) Every motor carrier, insurance company, surety or other person that files a document electronically shall use the same document form as otherwise required by this rule, except that the division may accept for filing an electronic document containing only the particular information required of that motor carrier and insurance company, surety or other person, and the division shall incorporate by reference all other provisions of the required form. Whenever an electronic document is filed in this manner, all provisions of the required form shall be binding upon the motor carrier, insurance company, surety or other person identified in the document, to the same extent as if a fully executed paper document were filed.
   2. (B) The division may require insurance or surety companies to use account numbers, passwords, and other forms of identification or authorization before filing a document electronically. Before the division accepts electronic documents for filing, each document shall be authenticated in a manner authorized by law and approved by the division. The division may require or accept electronic signatures, digital signatures, or other forms of authentication. The division will give public notice through the division’s Internet web site, or other conspicuous manner, of the approved methods of offering and authenticating documents for filing electronically.

AUTHORITY: sections 390.041, 390.071, 390.126, 390.128, and 622.027, RSMo 2000.* This rule originally filed as 4 CSR 265-10.030. 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. Emergency amendment filed Dec. 15, 2000, effective Jan. 2, 2001, expired June 30, 2001. Amended: Filed Dec. 15, 2000, effective June 30, 2001. Moved to 7 CSR 265-10.030, effective July 11, 2002. *Original authority: 390.041, RSMo 1939, amended 1951, 1984, 1986, 1988; 390.071, RSMo 1939, amended 1951, 1986; 390.126, RSMo 1939 amended 1951, 1961, 1986; 390.128, RSMo 2000; and 622.027, RSMo 1985, amended 1993, 1995.