Chapter 4901:2-13 Insurance

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

(A) No motor transportation company, or private motor carrier operating for-hire in the state of Ohio, that is subject to section 4919.77 , 4921.11 or 4923.08 of the Revised Code, shall engage in intrastate commerce in Ohio, and no certificate shall be issued to a motor carrier, or remain in effect, unless that motor carrier has filed with and had approved by the public utilities commission of Ohio a certificate of liability insurance or bond, 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.

(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.

(C) Each citation contained within this chapter that is made to a regulation of 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 November 24, 2009.

Effective: 09/27/2010
R.C. 119.032 review dates: 05/14/2014
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

4901:2-13-02 Amounts of insurance.

(A) Motor transportation companies operating for-hire in the state of Ohio pursuant to Chapter 4921. of the Revised Code shall maintain insurance as required under 49 C.F.R. 387 effective in accordance with paragraph (C) of rule 4901:2-13-01 of the Administrative Code.

(B) For each straight truck or each tractor trailer combination used for the transportation of household good, motor transportation companies shall maintain cargo liability insurance as required under 49 C.F.R. 387 effective in accordance with paragraph (C) of rule 4901:2-13-01 of the Administrative Code.

(C) Private motor carriers operating in the state of Ohio pursuant to Chapter 4923. of the Revised Code shall maintain insurance as required under 49 C.F.R. 387 effective in accordance with paragraph (C) of rule 4901:2-13-01 of the Administrative Code.

(D) Motor transportation companies operating for-hire in the state of Ohio pursuant to Chapter 4921. of the Revised Code engaged in the transportation of passengers shall maintain insurance as required under 49 C.F.R. 387.33 effective in accordance with paragraph (C) of rule 4901:2-13-01 of the Administrative Code.

(E) Private motor carriers operating in the state of Ohio pursuant to Chapter 4923. of the Revised Code engaged in the transportation of passengers shall maintain insurance as required under 49 C.F.R. 387 effective in accordance with paragraph (C) of rule 4901:2-13-01 of the Administrative Code.

(F) Any motor transportation company or private motor carrier that fails to maintain insurance under this rule whose authority to operate has been revoked pursuant to rule 4901:2-13-08 of the Administrative Code shall be placed out of service pursuant to rule 4905:2-5-07 of the Administrative Code. Such order shall remain in effect until such time as the carrier has satisfied the requirements of this section and the motor transportation company or private motor carrier's status has been re-instated.

(G) Motor transportation companies operating for-hire in the state of Ohio pursuant to Chapter 4921. of the Revised Code, or private motor carriers operating in the state of Ohio pursuant to Chapter 4923. of the Revised Code, engaged in the transportation of hazardous materials, hazardous substances, or hazardous wastes as defined in 49 C.F.R. 387 shall maintain insurance as required by 49 C.F.R. 387 effective in accordance with paragraph (C) of rule 4901:2-13-01 of the Administrative Code.

(H) Motor transportation companies operating for-hire in the state of Ohio pursuant to Chapter 4921. of the Revised Code or private motor carriers operating in the state of Ohio pursuant to Chapter 4923. of the Revised Code engaged in the transportation of oil listed in 49 C.F.R. 172.101 , or of hazardous waste, hazardous materials and hazardous substances defined in 49 C.F.R. 171.8 and listed in 49 C.F.R. 172.101 in any quantity shall maintain minimum insurance limits of one million dollars.

Effective: 09/27/2010
R.C. 119.032 review dates: 05/14/2014
Promulgated Under: 111.15
Statutory Authority: 4901.13 , 4921.04, 4921.11 , 4921.40
Rule Amplifies: 4921.03 , 4921.04, 4921.11 , 4921.39, 4921.40
Prior Effective Dates: 2/1/1975, 8/1/1922, 7/15/1999, 7/17/2006, 2/20/2010

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: 11/27/2009 and 05/31/2014

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: 11/27/2009 and 05/31/2014

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

(B) A motor transportation company or private motor carrier shall cause evidence of insurance to be filed with the commission by the insurer.

Effective: 02/20/2010
R.C. 119.032 review dates: 11/24/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4921.11
Rule Amplifies: 4921.04, 4921.11 , 4921.39, 4921.40
Prior Effective Dates: 1/20/1963, 3/1/1981

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: 11/27/2009 and 05/31/2014

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 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: 11/27/2009 and 05/31/2014

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 the insurance or bond required under this chapter 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 thirty days after the expiration or cancellation of the policy 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 and, if granted by the commission, may last no more than thirty days, upon which time a carrier shall provide proof of insurance. Otherwise, the carrier's authority shall be revoked by the Commission. If a temporary suspension is granted under this section, a motor carrier shall be prohibited from operating until the temporary suspension has been removed through a filing with the commission. Such a filing shall be made on forms prescribed by the commission and shall include proof that the expired or canceled insurance has been restored.

(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: 02/20/2010
R.C. 119.032 review dates: 11/24/2009 and 05/31/2014
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: 2/1/1975, 8/1/1992

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 . Such notice shall contain a statement that the right to operate under such certificate 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 causes to be filed 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.

(C) Whenever a motor carrier's right to operate is suspended under this rule for more than thirty days, and the carrier has not filed evidence of insurance with the commission, the operating authority shall be revoked pursuant to a commission order.

(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.

Effective: 02/20/2010
R.C. 119.032 review dates: 11/24/2009 and 05/31/2014
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

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

(A) Each time that a motor carrier's name changes or one or more carrier operations are merged, the motor carrier shall file with the Commission a form that contains at a minimum the following information:

(1) Applicant's previous legal name(s) and doing business as (d.b.a.) name(s);

(2) Applicant's current legal name and doing business as (d.b.a.) name;

(3) Applicant's mailing address;

(4) Applicant's mailing address;

(5) Street address of principal place of business of applicant;

(6) Name of person to whom communications regarding the application should be directed;

(7) Title of person to whom communications regarding the application should be directed;

(8) Telephone number of person to whom communications regarding the application should be directed;

(9) Facsimile transmission number of person to whom communications regarding the application should be directed;

(10) Applicant's e-mail address;

(11) United States department of transportation number.

Replaces: 4901:2-13-10

Effective: 02/20/2010
R.C. 119.032 review dates: 11/24/2009 and 05/31/2014
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

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: 11/27/2009 and 05/31/2014

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