Current through Register Vol. XLI, No. 38, September 20, 2024
Section 150-9-3 - Rules and Regulations Governing the Filing and Approval of Surety Bonds, Policies or Certificates of Insurance, Qualifications as a Self-Insurer, and Other Evidence of Financial Responsibility by Motor Carriers3.1. Prohibition of for-hire operations until a motor carrier has filed proper evidence of insurance or other financial responsibility and the filing has been approved by the Commission. 3.1.1. No motor carrier shall operate any motor vehicle upon the highways of West Virginia and no certificate or permit issued by the Commission shall remain in force unless and until the motor carrier has filed with die Commission, and the Commission has approved a surety bond, policy of insurance (or certificate of insurance in lieu thereof), qualifications as a self-insurer, or other securities or agreement in not less than the amounts hereinafter prescribed, conditioned to pay, within the amount of such surety bond, policy or insurance (or certificate of insurance in lieu thereof), qualifications as a self-insurer, or other securities or agreements, any final judgment recovered against such motor carrier for loss or damage to the property of others or for bodily injuries to, or the death of, any person resulting from the negligent operation, maintenance, ownership, or use of motor vehicles that have been operated by that motor carrier, or its employees or agents, in the for-hire transportation of passengers or property.3.1.2. Private carriers of hazardous materials and hazardous wastes must also comply with the rules with respect to evidence of insurance, self-insurance, or other financial responsibility that are set forth in die federal regulations that have been incorporated by reference in Rule 4.3.1.3.2. Minimum amounts required for liability for bodily injury or property loss or damage (excluding liability for loss of, or damage to, cargo). Kind of equipment | Limit for bodily injuries to or death of one person | Limit for bodily injuries to or death of all persons injured or killed in any one accidents | Limit for loss or damage in any one accident to property of others (excluding cargo) |
Passenger equipment | | | |
5 passengers or less | $100,000 | $200,000 | $25,000 |
6 to 12 passengers, inclusive | 200,000 | 500,000 | 25,000 |
13 to 20 passengers, inclusive | 200,000 | 600,000 | 50,000 |
21 to 30 passengers, inclusive | 200,000 | 750,000 | 50,000 |
31 passengers, or more | 200,000 | 900,000 | 75,000 |
Freight equipment: All motor vehicles used in die transportation of non-hazardous property Freight equipment: Motor vehicles used in the transportation of hazardous property | 200,000 Those minimum levels specified in 49 CFR 387.9 | 600,000 Those minimum levels specified in 49 CFR 387.9 | 100,000 |
3.3 Minimum amounts required for liability for loss of, or damage to, cargo. Kind of equipment | Minimum liability limit for loss of, or damage to, property (cargo) carried on any one (1) motor vehicle | Minimum liability limit to aggregate loss of, or damage to, property (cargo) carried on one (1) or more motor vehicles for losses and damages occurring at any one (1) time or place |
Passenger equipment (seating capacity): | | |
1 to 15 passengers (including driver) | $15,000 | $15,000 |
16 passengers or more (including driver) | 20,000 | 20,000 |
Freight equipment: Motor vehicles used in die transportation of nonhazardous property: | | |
Motor vehicles with a gross vehicle weight rating of less than 10,000 pounds | 20,000 | 20,000 |
Motor vehicles with a gross vehicle weight rating of 10,000 pounds or more | 50,000 | 100,000 |
3.3.2. The minimum amounts referred to in Rule 3.3 for cargo insurance do not apply to motor vehicles transporting raw coal or only solid waste or other discarded property that is being transported to a place of disposal.3.4. Motor vehicle combinations. - The following motor vehicle combinations will each be regarded as one motor vehicle for purposes of Rule 3.1: (1) a tractor and trailer or semitrailer when die tractor is engaged solely in drawing die trailer or semitrailer; and(2) a truck and trailer when both together bear a single load.3.5. Requirement that motor carriers file annual insurance registration forms; exceptions. 3.5.1. On and after July 1, 2003, no motor carrier shall, in any fiscal year, operate any motor vehicle on any public highway in West Virginia in the for-hire transportation of passengers or property unless and until that motor carrier has: (1) filed with the Commission a completed annual insurance registration form;(2) paid die appropriate annual insurance registration fee of $25.00;(3) filed evidence of proper insurance or financial responsibility that is consistent with Rule 3.1; and(4) received approval from die Commission to operate that motor carrier's motor vehicles during that fiscal year in die for-hire transportation of passengers or property.3.5.2. The requirements of Rule 3.5. do not apply to motor carriers that have, during die appropriate fiscal year, already applied for, and obtained, at least one (1) uniform vehicle identification card and have paid the special annual assessment imposed pursuant to W. Va. Code §§24A-6-4 and 24A-6-6.3.5.3. Compliance with the requirements of Rule 3.5.1. docs not relieve any motor carrier of any responsibility to comply with the provisions of Chapter 24A of the W. Va. Code that apply to motor carriers that are not exempt carriers.3.6. Qualifications as a self-insurer; policies and certificates of insurance; other securities or and agreements; bonds and insurance policies.3.6.1. The Commission will give consideration and may approve the application of a motor carrier to qualify as a self-insurer if such carrier furnishes a true and accurate statement of its financial condition and other evidence which will establish, to the satisfaction of the Commission, the ability of such motor carrier to satisfy its obligations for bodily injury liability, property damage liability, or cargo liability without affecting the stability or permanency of the business of such motor carrier. The Commission will also consider applications for approval of other securities or agreements and may approve any such applications if it is satisfied that the securities or agreement offered will adequately protect the public.3.6.2. Each certificate or policy of insurance or surety bond with corporate or individual sureties filed with the Commission for approval must be for not less than the full limits of liability required under these rules. In each case in which the surety on any such bond is a surety company, such company must be one approved and authorized to do business in this State.3.6.3. Endorsements for policies of insurance, surety bonds, certificates of insurance and applications to qualify as a self-insurer, or for approval of other securities or agreements, and notices of cancellation must be in the forms prescribed and approved by the Commission.3.6.4. Certificates of insurance, surety bonds, and notices of cancellation must be filed with the Commission in duplicate. Upon receipt and approval by the Commission, one copy will be stamped "received and approved" and returned to the home office of the insurance or surety company.3.6.5. Insurance policies and surety bonds shall be written in the full and correct name of the individual, partnership, corporation, or other person to whom the certificate or permit is issued. In case of a partnership, all partners shall be named.3.6.6. All policies and certificates of insurance filed with this Commission shall denote a definite expiration date. The expiration date shall be at least forty-five (45) days after die date of issuance.3.6.7. Surety bonds, policies of insurance endorsements or certificates of insurance and other securities and agreements shall not be cancelled until after thirty (30) days' notice in writing from the insurance company, surety or sureties, motor carrier, or other party thereto, as the case may be, has first been given to the Commission at its office in Charleston, West Virginia. The thirty (30) days shall commence from the date such notice is actually received at the office of the Commission.3.6.8. Motor carriers subject to the jurisdiction of this Commission arc hereby required to maintain in effect at all times the security for the protection of the public prescribed by these rules.3.6.9. Policies of insurance as amended by die endorsements provided by these rules covering bodily injury liability, property damage liability, and cargo liability must be written by insurance companies legally authorized to transact business in this State.3.6.10. The Commission may, at any time, refuse to accept or may revoke its approval of any surety bond, policy of insurance (or certificate of insurance in lieu thereof), qualification as a self-insurer, or other securities or agreements if, in its judgment, such security does not comply with these rules or, for any reason, fails to provide satisfactory or adequate protection for the public.