Chapter 4901:2-13 Insurance

4901:2-13-01 Definitions.

(A) "Cargo liability" means liability for loss or damage to household goods belonging to individual shippers and coming into possession of a for-hire motor carrier in connection with its transportation service.

(B) "Commission" means the public utilities commission of Ohio.

(C) "Evidence of security" means a surety bond, policy of insurance, or certificate of insurance issued to a motor carrier to satisfy the financial responsibility requirements set forth in this chapter.

(D) "Financial responsibility" means the financial reserves (e.g. insurance policies or surety bonds) sufficient to satisfy liability amounts set forth in this chapter covering public liability and cargo liability.

(E) "For-hire motor carrier" has the same meaning as in section 4921.01 of the Revised Code.

(F) "Gross combination weight rating" has the same meaning as in 49 C.F.R. 390.5 , as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code.

(G) "Gross vehicle weight rating" has the same meaning as in 49 C.F.R. 390.5 , as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code.

(H) "Hazardous material" has the same meaning as 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.

(I) "Household goods" has the same meaning as in section 4921.01 of the Revised Code.

(J) "Interstate commerce" has the same meaning as in 4921.01 of the Revised Code.

(K) KIntrastate commerce" means any trade, traffic, or transportation within Ohio which does not meet the definition of interstate commerce.

(L) "Motor carrier" includes all for-hire motor carriers and private motor carriers operating in intrastate commerce.

(M) "Motor vehicle" has the same meaning as in section 4921.01 of the Revised Code.

(N) "Private motor carrier" has the same meaning as in section 4923.01 of the Revised Code.

(O) "Public Liability" means liability for bodily injury or property damage and includes liability for environmental restoration.

Replaces: 4901:2-13-01

Effective: 12/11/2014
Five Year Review (FYR) Dates: 12/11/2019
Promulgated Under: 111.15
Statutory Authority: 4921.09
Rule Amplifies: 4921.09
Prior Effective Dates: 2/1/1975, 8/1/1992, 7/15/1999, 2/20/2010

4901:2-13-02 Purpose and scope.

(A) This chapter governs the establishment of insurance requirements applicable to motor carriers operating in intrastate commerce.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(C) Each citation contained within this chapter that is made to a regulation in the code of federal regulations is intended, and shall serve, to incorporate by reference the particular version of the cited matter that was effective on July 23, 2014.

Replaces: 4901:2-13-02

Effective: 12/11/2014
Five Year Review (FYR) Dates: 12/11/2019
Promulgated Under: 111.15
Statutory Authority: 4921.09
Rule Amplifies: 4921.09
Prior Effective Dates: 2/1/1975, 8/1/1922, 7/15/1999, 7/17/2006, 2/20/2010, 9/27/2010

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

4901:2-13-04 Financial responsibility filing requirements.

(A) No for-hire motor carrier that is subject to section 4921.09 of the Revised Code, shall engage in intrastate commerce, and no certificate of public convenience and necessity shall be issued to a for-hire motor carrier, or remain in effect, unless it has filed with and has had approved by the commission evidence of financial responsibility covering public liability in the amounts set forth in rule 4901:2-13-03 of the Administrative Code.

(B) Evidence of financial responsibility covering cargo liability in the amounts set forth in rule 4901:2-13-03 of the Administrative Code must be filed by all for-hire motor carriers engaged in the transportation of household goods in intrastate commerce. However, bus companies operating in intrastate commerce are not required to do so.

(C) Separate evidence of financial responsibility shall be filed with the commission for each for-hire motor carrier holding a certificate of public convenience and necessity. A for-hire motor carrier shall cause such evidence of financial responsibility to be filed with the commission by the insurer.

Replaces: 4901:2-13-04

Effective: 12/11/2014
Five Year Review (FYR) Dates: 12/11/2019
Promulgated Under: 111.15
Statutory Authority: 4921.09
Rule Amplifies: 4921.09
Prior Effective Dates: 2/1/75, 8/1/92, 7/15/99

4901:2-13-05 General requirements.

(A) Evidence of security required under the rules of this chapter must be issued by an insurance or bonding company authorized to do business in Ohio by the Ohio department of insurance.

(B) Each type of coverage (e.g. public liability, cargo liability) may be written with multiple companies or with a single company.

(C) Evidence of security written for filing with the commission pursuant to rule 4901:2-13-04 of the Administrative Code may be for a period of not less than one year or continuous until canceled. Continuous coverage is preferred by the commission.

(D) Evidence of security written for filing with the commission pursuant to rule 4901:2-13-04 of the Administrative Code shall be written in the full and correct name of the applicant for or the holder of a certificate of public convenience and necessity and, whenever necessary, such policy, certificate, 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 as a for-hire motor carrier. Evidence of security shall also show the address and principal place of business of the insured for-hire motor carrier or legal representative.

Replaces: 4921.04, 4921.11 , 4921.39, 4921.40

Effective: 12/11/2014
Five Year Review (FYR) Dates: 12/11/2019
Promulgated Under: 111.15
Statutory Authority: 4921.09
Rule Amplifies: 4921.09
Prior Effective Dates: 1/20/63, 3/1/81, 2/20/10

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

Effective: 12/11/2014
Five Year Review (FYR) Dates: 09/22/2014
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 [Rescinded] Period of coverage.

Effective: 12/11/2014
Five Year Review (FYR) Dates: 09/22/2014
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 evidence of security required to be on file with the commission pursuant to rule 4901:2-13-04 of the Administrative Code 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. Notice of cancellation shall be given to the commission by the insurer in the form set forth by the commission.

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

Replaces: 4901:2-13-08

Effective: 12/11/2014
Five Year Review (FYR) Dates: 12/11/2019
Promulgated Under: 111.15
Statutory Authority: 4921.09
Rule Amplifies: 4921.09
Prior Effective Dates: 2/1/75, 8/1/92, 2/20/10

4901:2-13-09 [Rescinded] Reinstatement after insurance revocation.

Effective: 12/11/2014
Five Year Review (FYR) Dates: 09/22/2014
Promulgated Under: 111.15
Statutory Authority: 4921.11
Rule Amplifies: 4921.04, 4921.11 , 4921.39, 4921.40
Prior Effective Dates: 2/1/1975, 8/1/1992, 7/15/1999, 2/20/2010

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

Effective: 12/11/2014
Five Year Review (FYR) Dates: 09/22/2014
Promulgated Under: 111.15
Statutory Authority: 4921.11
Rule Amplifies: 4921.04, 4921.11 , 4921.39, 4921.40
Prior Effective Dates: 2/1/1975, 8/1/1992, 1/2/1993, 2/20/2010

4901:2-13-11 [Rescinded] Insurance records.

Effective: 12/11/2014
Five Year Review (FYR) Dates: 09/22/2014
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