Common vs. Contract
- Thread starter jplus
- Start date
You should discuss this with an attorny before doing anything else.
kwexpress
Veteran Expediter
Well I dont know if its the only difference or not but with common carriers the amount of your cargo insurance must be filed with the fmcsa and with contract although you have cargo insurance the amount is not published and your insurance provider can cancel it anytime they want.
and if it is on file then your insurance provider must give you 30 days notice to cancel your policy.thats cargo insurance only.
even as a contract carrier you will be notified 30 days before your liability portion of your policy is canceled.I am not sure in todays world that there really is any difference
FOR FURTHER INFORMATION CONTACT: Ms. Dorothea Grymes, FMCSA Insurance Team, Commercial Enforcement Division, telephone (202) 385-2400 (202) 385-2400
Final Rule
Print
[Federal Register: June 22, 2010 (Volume 75, Number 119)]
[Rules and Regulations]
[Page 35318-35329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn10-10]
----------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 365 and 387
[Docket No. FMCSA-2010-0189]
RIN 2126-AB21
Cargo Insurance for Property Loss or Damage
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
-------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration eliminates the requirement for most for-hire motor common carriers of property and freight forwarders to maintain cargo insurance in prescribed minimum amounts and file evidence of this insurance with FMCSA. Household goods motor carriers and household goods freight forwarders will continue to be subject to this cargo insurance requirement.
DATES: Effective March 21, 2011.
.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
For access to the docket to read background documents or comments received, go to Regulations.gov at any time or to 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
[[Page 35319]]
Legal Basis for the Rulemaking
Cargo insurance requirements for motor carriers were first authorized in the Motor Carrier Act of 1935 (August 9, 1935, Pub. L. 74-255, 49 Stat. 543 (1935)), which brought motor carriers and brokers under the jurisdiction of the Interstate Commerce Commission (ICC). Section 215 of the 1935 Act authorized--but did not mandate--cargo financial responsibility requirements for common carriers subject to ICC jurisdiction. The ICC exercised its statutory authority by establishing minimum cargo insurance requirements for common carriers, which are now codified at 49 CFR 387.301 and 387.303.
Section 103 of the ICC Termination Act of 1995 (Pub. L. 104-88, 109 Stat. 803) (ICCTA) terminated the ICC and transferred jurisdiction over motor carrier and freight forwarder cargo insurance to the Secretary of Transportation, who delegated this authority to the Federal Highway Administration (FHWA). The ICCTA eliminated the distinction between common and contract carriers but, under the transition rule of 49 U.S.C. 13902(d), allowed the Agency to continue to register motor carriers with these distinctions pending implementation of a new unified Federal registration system required by 49 U.S.C. 13908.
Jurisdiction over motor carrier and freight forwarder cargo insurance was transferred to FMCSA following enactment of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159, 113 Stat. 1748, December 9, 1999). FMCSA continued to register carriers as either "common" or "contract" under the transition rule because the Agency had not yet implemented the new unified registration system in accordance with the requirements of 49 U.S.C. 13908. In the Notice of Proposed Rulemaking (NPRM) designed to implement this new system (70 FR 28990, May 19, 2005), FMCSA proposed to eliminate the cargo insurance requirement for all motor carriers and freight forwarders except those involved in the transportation of household goods for individual shippers.
am]
BILLING CODE 4910-EX-P
and if it is on file then your insurance provider must give you 30 days notice to cancel your policy.thats cargo insurance only.
even as a contract carrier you will be notified 30 days before your liability portion of your policy is canceled.I am not sure in todays world that there really is any difference
FOR FURTHER INFORMATION CONTACT: Ms. Dorothea Grymes, FMCSA Insurance Team, Commercial Enforcement Division, telephone (202) 385-2400 (202) 385-2400
Final Rule
[Federal Register: June 22, 2010 (Volume 75, Number 119)]
[Rules and Regulations]
[Page 35318-35329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn10-10]
----------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 365 and 387
[Docket No. FMCSA-2010-0189]
RIN 2126-AB21
Cargo Insurance for Property Loss or Damage
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
-------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration eliminates the requirement for most for-hire motor common carriers of property and freight forwarders to maintain cargo insurance in prescribed minimum amounts and file evidence of this insurance with FMCSA. Household goods motor carriers and household goods freight forwarders will continue to be subject to this cargo insurance requirement.
DATES: Effective March 21, 2011.
.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
For access to the docket to read background documents or comments received, go to Regulations.gov at any time or to 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
[[Page 35319]]
Legal Basis for the Rulemaking
Cargo insurance requirements for motor carriers were first authorized in the Motor Carrier Act of 1935 (August 9, 1935, Pub. L. 74-255, 49 Stat. 543 (1935)), which brought motor carriers and brokers under the jurisdiction of the Interstate Commerce Commission (ICC). Section 215 of the 1935 Act authorized--but did not mandate--cargo financial responsibility requirements for common carriers subject to ICC jurisdiction. The ICC exercised its statutory authority by establishing minimum cargo insurance requirements for common carriers, which are now codified at 49 CFR 387.301 and 387.303.
Section 103 of the ICC Termination Act of 1995 (Pub. L. 104-88, 109 Stat. 803) (ICCTA) terminated the ICC and transferred jurisdiction over motor carrier and freight forwarder cargo insurance to the Secretary of Transportation, who delegated this authority to the Federal Highway Administration (FHWA). The ICCTA eliminated the distinction between common and contract carriers but, under the transition rule of 49 U.S.C. 13902(d), allowed the Agency to continue to register motor carriers with these distinctions pending implementation of a new unified Federal registration system required by 49 U.S.C. 13908.
Jurisdiction over motor carrier and freight forwarder cargo insurance was transferred to FMCSA following enactment of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159, 113 Stat. 1748, December 9, 1999). FMCSA continued to register carriers as either "common" or "contract" under the transition rule because the Agency had not yet implemented the new unified registration system in accordance with the requirements of 49 U.S.C. 13908. In the Notice of Proposed Rulemaking (NPRM) designed to implement this new system (70 FR 28990, May 19, 2005), FMCSA proposed to eliminate the cargo insurance requirement for all motor carriers and freight forwarders except those involved in the transportation of household goods for individual shippers.
am]
BILLING CODE 4910-EX-P