Chapter 4901:2-13 Insurance

4901:2-13-01 Who must file insurance.

(A) No motor carrier subject to section 4921.11 or 4923.08 of the Revised Code, shall engage in intrastate commerce in Ohio, and no certificate or permit shall be issued to a motor carrier, or remain in effect, unless that motor carrier has filed with and had approved by the commission a certificate of liability insurance or bond, in forms set forth by the commission, insuring the motor carrier, and shippers employing contract motor carriers, to protect the public against loss sustained by reason of the death of or bodily injuries to persons and for loss of or damage to property (except cargo) resulting from the negligence of that motor carrier. The certificate of insurance shall be amended by the attachment of an insurance endorsement in a form set forth by the commission.

(B) Cargo insurance must be filed by all household goods carriers within the state of Ohio. However, bus companies operating within the state of Ohio do not need to file proof of cargo insurance coverage with the commission.

R.C. 119.032 review dates: 05/30/2006 and 05/31/2009

Promulgated Under: 111.15

Statutory Authority: 4921.11

Rule Amplifies: 4921.04, 4921.11, 4921.39, 4921.40

Prior Effective Dates: 2/1/75, 8/1/92, 7/15/99

4901:2-13-02 Amounts of insurance.

(A) Motor carriers: Bodily injury liability and property damage liability.

Amount for bodily injuries to or death of one person Amount for bodily injuries to or death of all persons injured or killed in any one accident Amount for loss or damage in any one accident to property of others (excluding cargo)

Trucking equipment $ 100,000 $ 300,000 $ 50,000

Passenger equipment (seating capacity)

7 passengers or less 100,000 300,000 50,000

8 to 12 passengers, incl. 100,000 350,000 50,000

13 to 20 passengers, incl. 100,000 400,000 50,000

21 to 31 passengers, incl. 100,000 450,000 50,000

31 passengers or more 100,000 500,000 50,000

(B) Motor carriers: Freight cargo liability.

On each straight truck or each tractor-trailer combination used for the transportation of household goods:

$20,000

(C) Motor carriers of hazardous materials, hazardous substances, or hazardous wastes as defined in 49 CFR 387.3(B):

As required by 49 CFR 387 amended effective as of August 31, 2005.

Effective: 07/17/2006

R.C. 119.032 review dates: 05/30/2006 and 05/31/2011

Promulgated Under: 111.15

Statutory Authority: 4901.13, 4921.04, 4921.11, 4923.03

Rule Amplifies: 4921.03, 4921.04, 4921.11, 4921.39, 4921.40

Prior Effective Dates: 2/1/75, 8/1/92, 4/15/99

4901:2-13-03 Who may issue insurance or bond.

The insurance or bond required under these rules must be issued by an insurance or bonding company authorized to do business in Ohio by the Ohio department of insurance.

Replaces: 4901:2-13-11

R.C. 119.032 review dates: 05/30/2006 and 05/31/2009

Promulgated Under: 111.15

Statutory Authority: 4921.04, 4923.03

Rule Amplifies: 4921.11, 4923.08

Prior Effective Dates: 2/1/75, 8/1/92

4901:2-13-04 Coverage by multiple companies.

Each type of insurance, bodily injury, property damage, and cargo, may be written with multiple companies or with a single company

R.C. 119.032 review dates: 05/30/2006 and 05/31/2009

Promulgated Under: 111.15

Statutory Authority: 4921.22

Rule Amplifies: 4921.04, 4921.11, 4921.39, 4921.40

Prior Effective Dates: 2/1/75, 8/1/92, 7/15/99

4901:2-13-05 Separate filings.

A separate insurance certificate or bond shall be filed wtih the commission for each motor carrier holding operating authority from this commission.

R.C. 119.032 review dates: 05/30/2006 and 05/31/2009

Promulgated Under: 111.15

Statutory Authority: 4921.11

Rule Amplifies: 4921.04, 4921.11, 4921.39, 4921.40

Prior Effective Dates: 1/20/63, 3/1/81

4901:2-13-06 Name and address of insured.

Insurance policies, certificates and bonds shall be written in the full and correct name of the applicant for or the holder of motor carrier authority issued by this commission and, whenever necessary, such insurance or bond shall be amended to show the name or names of the legal or personal representatives, trustees and receivers, engaging or proposing to engage in the exercise of the motor carrier authority issued by this commission. Such insurance or bond shall also show the address and principal place of business of the insured motor carrier or legal representative.

Replaces: 4901:2-13-14

R.C. 119.032 review dates: 05/30/2006 and 05/31/2009

Promulgated Under: 111.15

Statutory Authority: 4921.11

Rule Amplifies: 4921.04, 4921.11, 4921.39, 4921.40

Prior Effective Dates: 2/1/75, 8/1/92

4901:2-13-07 Period of coverage.

Insurance written for filing with this commission may be for a period of not less than one year or continuous until canceled. Continuous coverage is preferred by the commission.

Replaces: 4901:2-13-15

R.C. 119.032 review dates: 05/30/2006 and 05/31/2009

Promulgated Under: 111.15

Statutory Authority: 4921.11

Rule Amplifies: 4921.04, 4921.11, 4921.39, 4921.40

Prior Effective Dates: 2/1/75, 8/1/92

4901:2-13-08 Expiration and cancellation of insurance; rescission of cancellation.

(A) When the insurance or bond required under these rules is to be canceled short of the specified term or expiration date specified therein, the commission requires not less than ten days’ written notice of cancellation. Motor carriers must not operate after the cancellation of insurance unless new coverage has been filed with the commission. Failure to maintain insurance will result in revocation of motor carrier authority unless the motor carrier applies for and obtains authority to temporarily suspend operations. Request for temporary suspension of operations must be filed with the commission not less than fifteen days prior to effective date of expiration or cancellation of policy or bond.

(B) Notice of cancellation of insurance shall be given to the commission by the insurer in the form set forth by the commission.

(C) Notice of cancellation of surety bond shall be given to the commission in the form set forth by the commission.

(D) Notice to rescind cancellation and reinstate insurance or surety bond shall be given to the commission in the form set forth by the commission.

Effective: 07/17/2006

R.C. 119.032 review dates: 05/30/2006 and 05/31/2011

Promulgated Under: 111.15

Statutory Authority: 4901.13, 4921.04, 4923.03

Rule Amplifies: 4921.03, 4921.04, 4921.11, 4921.39, 4921.40

Prior Effective Dates: 2/1/75, 8/1/92

4901:2-13-09 Reinstatement after insurance revocation.

(A) Motor carriers shall not operate without insurance. Whenever a cargo and/or bodily injury and property damage certificate of insurance or bond is canceled during its term, or lapses for any reason, and is not replaced by another insurance certificate or bond fully complying with the commission’s insurance requirement, written notice shall be given to the holder of the certificate or permit. Such notice shall contain a statement that the right to operate under such certificate or permit is suspended and that all operations must cease. The notice shall be forwarded to the involved motor carrier, by certified mail.

(B) If the involved motor carrier files a satisfactory insurance certificate or bond, the motor carrier shall be given written notice indicating that operations may be resumed on the effective date of the insurance filing. A copy shall likewise be filed with all departments of the commission concerned with motor carriers.

(C) Whenever a motor carrier’s right to operate is suspended under this rule for more than sixty days, and the carrier has not filed evidence of insurance with the commission the operating authority shall be subject to revocation. The commission’s transportation department shall initiate a proceeding after the sixty day period has elapsed in accordance with rules 4901-5-10 and 4901-5-11 of the Administrative Code.

(D) If a motor carrier files replacement insurance coverage that is not retroactive to date of expiration or lapse, the transportation department shall conduct an audit of the carrier to determine if any operations occurred during the period of cancelled or lapsed insurance coverage.

R.C. 119.032 review dates: 05/30/2006 and 05/31/2009

Promulgated Under: 111.15

Statutory Authority: 4921.11

Rule Amplifies: 4921.04, 4921.11, 4921.39, 4921.40

Prior Effective Dates: 2/1/75, 8/1/92, 7/15/99

4901:2-13-10 Transfer of motor carrier authority.

When the commission authorizes by order the temporary or permanent transfer of operating authority of regular route buses, the transferor may terminate insurance coverage, provided that no operations are conducted by the transferor after the date of such termination. The transferee may not operate until authorized and the required insurance has been filed with the commission in the name of the transferee.

R.C. 119.032 review dates: 05/30/2006 and 05/31/2009

Promulgated Under: 111.15

Statutory Authority: 4921.11

Rule Amplifies: 4921.04, 4921.11, 4921.39, 4921.40

Prior Effective Dates: 2/1/75, 8/1/92, 7/15/99

4901:2-13-11 Insurance records.

Insurance policies, certificates and bonds accepted by the commission shall under no circumstances be removed from the files of the commission except under subpoena and after their purpose has been served shall be returned to the commission’s files. Upon written request by the insurer or the insured, certificates or bonds may be released from the commission’s files for the purpose of correcting errors or for substitution of new policies, certificates or bonds without any lapse of coverage upon tender of new policies, certificates or bonds.

Replaces: 4901:2-13-12

R.C. 119.032 review dates: 05/30/2006 and 05/31/2009

Promulgated Under: 111.15

Statutory Authority: 4921.11

Rule Amplifies: 4921.04, 4921.11, 4921.39, 4921.40

Prior Effective Dates: 2/1/75, 8/1/92, 1/2/93