§ 387.319 Fiduciaries.
发布02-24
生效02-24
摘要总结AI 辅助解读
该条款规定美国联邦汽车运输安全管理局（FMCSA）对持有运营权的卡车承运人（Motor Carrier）在发生破产、死亡或丧失行为能力时，其受托人（Fiduciary）的保险与担保责任衔接机制。核心要点包括：1. 受托人自动继承原承运人在保险证书和履约保函中的“被保险人”地位；2. 设定了30天/60天的保险撤销通知期规则，防止保障真空；3. 明确若受托人已单独向FMCSA提交新的保险或担保，则本条规定的并发覆盖终止。此规定旨在确保跨境陆运中因主体变更导致的合规连续性。
- (a) Definitions. The terms “insured” and “principal” as used in a certificate of insurance, surety bond, and notice of cancellation, filed by or for a motor carrier, include the motor carrier and its fiduciary as of the moment of succession. The term “fiduciary” means any person authorized by law to collect and preserve property of incapacitated, financially disabled, bankrupt, or deceased holders of operating rights, and assignees of such holders.
- (b) Insurance coverage in behalf of fiduciaries to apply concurrently. The coverage furnished under the provisions of this section on behalf of fiduciaries shall not apply subsequent to the effective date of other insurance, or other security, filed with and approved by the FMCSA in behalf of such fiduciaries. After the coverage provided in this section shall have been in effect thirty (30) days, it may be cancelled or withdrawn within the succeeding period of thirty (30) days by the insurer, the insured, the surety, or the principal upon ten (10) days' notice in writing to the FMCSA at its office in Washington, DC, which period of ten (10) days shall commence to run from the date such notice is actually received by the FMCSA. After such coverage has been in effect for a total of sixty (60) days, it may be cancelled or withdrawn only in accordance with § 1043.7.
[32 FR 20032, Dec. 20, 1967, as amended at 47 FR 49596, Nov. 1, 1982; 47 FR 55945, Dec. 14, 1982; 55 FR 11197, Mar. 27, 1990]