4901:2-13-03 Minimum levels of financial responsibility.

No motor carrier shall operate a motor vehicle in intrastate commerce unless the motor carrier has obtained and has in effect the minimum levels of financial responsibility as set forth in this rule.

(A) For-hire motor carriers engaged in the transportation of property in intrastate commerce, and not subject to paragraphs (D) or (E) of this rule, shall maintain minimum levels of financial responsibility covering public liability in an amount of seven hundred fifty thousand dollars, unless the for-hire motor carrier exclusively operates motor vehicles with a gross vehicle weight rating or a gross combination weight rating of less than ten thousand one pounds, in which event the for-hire motor carrier shall maintain minimum levels of financial responsibility covering public liability in an amount of three hundred thousand dollars.

(B) For-hire motor carriers, engaged in the transportation of household goods in intrastate commerce, shall maintain minimum levels of financial responsibility covering cargo liability in an amount of:

(1) Five thousand dollars for loss of or damage to household goods carried on any one motor vehicle; and

(2) Ten thousand dollars for loss of or damage to, or aggregate of losses or damages of or to, household goods occurring at any one time or place.

(C) For-hire motor carriers, engaged in the transportation of passengers in intrastate commerce, shall maintain minimum levels of financial responsibility covering public liability in an amount of:

(1) Five million dollars if operating vehicles with a seating capacity of sixteen passengers or more including the driver; or

(2) One million five hundred thousand dollars if operating vehicles with a seating capacity of fifteen passengers or less including the driver.

(D) For-hire motor carriers and private motor carriers engaged in the transportation of the following hazardous materials in intrastate commerce shall maintain minimum levels of financial responsibility covering public liability in an amount of five million dollars:

(1) Hazardous substances as defined in 49 C.F.R. 171.8 , as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons.

(2) Class 1.1, 1.2, and 1.3 materials as defined in 49 C.F.R. 173.50 , as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, in any quantity.

(3) Class 2.3, Hazard Zone A materials as defined in 49 C.F.R. 173.115 and 173.116 , as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, in any quantity.

(4) Class 6.1, Packing Group I, Hazard Zone A materials as defined in 49 C.F.R.173.132 and 173.133, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, in any quantity.

(5) Class 2.1 or 2.2 materials as defined in 49 C.F.R. 173.115 , as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, in containment systems with capacities in excess of 3,500 water gallons.

(6) Highway route controlled quantities of a Class 7 material, as defined in 49 C.F.R. 173.403 , as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code.

(E) For-hire motor carriers and private motor carriers engaged in the transportation of the following hazardous materials in intrastate commerce shall maintain minimum levels of financial responsibility covering public liability in an amount of one million dollars:

(1) Oil listed in 49 C.F.R. 172.101 , as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, in any quantity.

(2) Hazardous waste, hazardous materials, and hazardous substances defined in 49 C.F.R. 171.8 , as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, and listed in 49 C.F.R. 172.101 , as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, but not mentioned in paragraph (D) of this rule, in any quantity.

Replaces: 4901:2-13-03, 4901:2-13-11

Effective: 12/11/2014
Five Year Review (FYR) Dates: 12/11/2019
Promulgated Under: 111.15
Statutory Authority: 4921.09 , 4921.03 , 4923.04
Rule Amplifies: 4921.09 , 4921.03 , 4923.04
Prior Effective Dates: 2/1/75, 8/1/92