政策法规已废止美国跨境陆运

§ 387.307T Property broker surety bond or trust fund.

效力	法规类型	发布日期	生效日期	发文机构
现行有效	部门规章	2025-02-24	2025-02-24	Code of Federal Regulations (CFR) - Transportation (Title 49)

发布02-24

生效02-24

废止01-16

摘要总结AI 辅助解读

本法规为美国联邦机动车安全管理局（FMCSA）关于货运经纪商（Property Broker）保证金或信托基金的临时规定。核心要求是经纪商必须持有75,000美元的履约保证保险（Surety Bond）或信托基金（Trust Fund），否则FMCSA不予颁发许可证，且许可证仅在担保有效期间内保持效力。需通过Form BMC-84（保险）或BMC-85（信托）向FMCSA备案。取消担保需提前30天书面通知。注意：该临时条款已于2025年1月16日到期废止，相关永久性规则已生效，建议核实最新CFR Title 49 § 387.307正式条款内容以确保持续合规。

This section will remain in effect until January 16, 2025.

(a) Security. A broker must have a surety bond or trust fund in effect for $75,000. The FMCSA will not issue a broker license until a surety bond or trust fund for the full limits of liability prescribed herein is in effect. The broker license shall remain valid or effective only as long as a surety bond or trust fund remains in effect and shall ensure the financial responsibility of the broker.
(b) Evidence of security. Evidence of a surety bond must be filed using the FMCSA's prescribed Form BMC 84. Evidence of a trust fund with a financial institution must be filed using the FMCSA's prescribed Form BMC 85. The surety bond or the trust fund shall ensure the financial responsibility of the broker by providing for payments to shippers or motor carriers if the broker fails to carry out its contracts, agreements, or arrangements for the supplying of transportation by authorized motor carriers.
(c) Financial institution —when used in this section and in forms prescribed under this section, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, shall mean—Each agent, agency, branch or office within the United States of any person, as defined by the ICC Termination Act, doing business in one or more of the capacities listed below:

- (1) An insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h));

- (2) A commercial bank or trust company;

- (3) An agency or branch of a foreign bank in the United States;

- (4) An insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2));

- (5) A thrift institution (savings bank, building and loan association, credit union, industrial bank or other);

- (6) An insurance company;

- (7) A loan or finance company; or

- (8) A person subject to supervision by any State or Federal bank supervisory authority.

(d) Forms and Procedures —(1) Forms for broker surety bonds and trust agreements. Form BMC-84 broker surety bond will be filed with the FMCSA for the full security limits under paragraph (a) of this section; or Form BMC-85 broker trust fund agreement will be filed with the FMCSA for the full security limits under paragraph (a) of this section.

- (2) Broker surety bonds and trust fund agreements in effect continuously. Surety bonds and trust fund agreements shall specify that coverage thereunder will remain in effect continuously until terminated as herein provided.

(i) Cancellation notice. The surety bond and the trust fund agreement may be cancelled only upon 30 days' written notice to the FMCSA, on prescribed Form BMC 36, by the principal or surety for the surety bond, and on prescribed Form BMC 85, by the trustor/broker or trustee for the trust fund agreement.

- (ii) Termination by replacement. Broker surety bonds or trust fund agreements which have been accepted by the FMCSA under these rules may be replaced by other surety bonds or trust fund agreements, and the liability of the retiring surety or trustee under such surety bond or trust fund agreements shall be considered as having terminated as of the effective date of the replacement surety bond or trust fund agreement. However, such termination shall not affect the liability of the surety or the trustee hereunder for the payment of any damages arising as the result of contracts, agreements or arrangements made by the broker for the supplying of transportation prior to the date such termination becomes effective.

- (3) Filing and copies. Broker surety bonds and trust fund agreements must be filed with the FMCSA in duplicate.

[53 FR 10396, Mar. 31, 1988, as amended at 75 FR 72998, Nov. 29, 2010; 78 FR 58482, Sept. 24, 2013; 78 FR 60233, Oct. 1, 2013; 84 FR 51434, Sept. 30, 2019. Redesignated and amended at 88 FR 78672, 78674, Nov. 16, 2023]

Effective Date Note: At 88 FR 78656 and 78672, Nov. 16, 2023, § 387.307T was redesignated from § 387.307, and made effective Jan. 16, 2024, until Jan. 16, 2025.