§387.7 Financial responsibility required.

Question 1: May a large corporation which has many wholly owned subsidiaries have one policy for the parent corporation and maintain the policy and the Form MCS-90 at the corporate headquarters?

Guidance: Generally, the required financial responsibility must be in the exact name of the motor carrier and the proof of that coverage must be maintained at the motor carrier’s principal place of business. A parent corporation may, however, have a single policy of insurance or surety bond covering the parent and its subsidiaries, provided the name of the parent and the name of each subsidiary are listed on the policy or bond. Further, the required proof must have listed thereon the name of the parent and its subsidiaries. A copy of that proof of financial responsibility coverage must be maintained at each motor carrier subsidiary’s principal place of business.

Question 2: What is the definition of ‘‘Certificate of Registration’’ in §387.7(b)(3)?

Guidance: ‘‘Certificate of Registration’’ means a document issued by the Federal Highway Administration (FHWA) to all Mexican motor carriers, for-hire as well as private, that allows them to enter the U.S., but restricts them to the commercial zone for a particular border municipality, as previously adopted by the Interstate Commerce Commission Forms (ICC). The border municipality is the Port of Entry wherever the motor carrier’s vehicle enters the U.S.

Question 3: How does a Mexican motor carrier prove that it is complying with §387.7?

Guidance: Mexican motor carriers are permitted to obtain trip insurance and are required to carry, on the vehicle, a Form MCS-90 along with an insurance verification document listing the date and time the insurance coverage began and expires.

Question 4: Is the financial responsibility requirement met when an owner-operator (lessor) provides the motor carrier (lessee) a copy of the policy and Form MCS-90 where the carrier is named as an additional insured to the policy (Form MCS-90)?

Guidance: No. The motor carrier has the responsibility to obtain the proper financial responsibility levels.