Subject 515-16-11 MOTOR CARRIER INSURANCE
This chapter describes the requirements for insurance or other surety required for motor carriers engaged in intrastate, interstate, or foreign commerce.
The criminal and civil penalties for violation of this Chapter are those set forth in O.C.G.A. §§ 46-2-90 through 46-2-93, 46-7-39, 46-7-90 and 46-7-91, and in Chapters 515-16-3 and 515-16-10 of these Transportation Rules; and such penalties can only be imposed by the Commission after notice and hearing, unless the violator consents in writing to such penalties.
|(1)||No certificate or permit shall be issued or continued in operation unless the applicant or holder shall give and maintain bond, with adequate security, for the protection, in case of passenger vehicles, of the passengers and baggage carried and of the public against injury proximately caused by the negligence of such motor common or contract carrier, its servants, or its agents. In cases of vehicles transporting freight, the applicant or holder shall give bond, with adequate security, to secure the owner or person entitled to recover therefore against loss or damage to such freight for which the motor common or contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants, or its agents.|
|(2)||The Commission shall approve, determine, and fix the amount of such bonds and shall prescribe the provisions and limitations thereof; and such bonds shall be for the benefit of and subject to action thereon by any person who shall sustain actionable injury or loss protected thereby.|
|(3)||The Commission may, in its discretion, allow the filing of a certificate of insurance on forms prescribed by the Commission, in lieu of such bond, evidencing a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy must substantially conform to all of the provisions of this article relating to bonds. The insurer shall file such certificate. The failure to file any form required by the Commission shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer.|
|(4)||It shall be permissible under this rule for any person having a cause of action arising under this rule in tort or contract to join in the same action the motor carrier and its surety, in the event a bond is given. If a policy of indemnity insurance is given in lieu of bond, it shall be permissible to join the motor carrier and the insurance carrier in the same action, whether arising in tort or contract.|
|(5)|| The liability of the insurance or bonding
company on each motor vehicle for the following minimum limits shall be a
continuing one notwithstanding any recovery hereunder:
SCHEDULE OF LIMITS
|(1)||Except as otherwise provided by law no motor carrier transporting household goods by motor vehicle required to hold a certificate from the Commission shall engage in intrastate commerce, nor shall any certificate be issued to such carrier, nor remain in force unless and until there shall have been filed with and approved by the Commission a surety bond, policy of insurance (or certificate of insurance in the form prescribed herein in lieu thereof), or other securities or agreements in not less than the amounts hereinafter prescribed, conditioned upon such carrier making compensation to shippers or consignees for all property belonging to shippers or consignees and coming into the possession of such carrier in connection with its transportation service within the boundaries of the State of Georgia, regardless of whether such motor vehicle is described in the policy or not.|
|(2)||Within the limits of liability hereinafter provided it is further required that no condition, provisions, stipulation, or limitation contained in the policy, or any other endorsement thereon or violation thereof, or of this rule by the insured, shall affect in any way the right of any shipper or consignee, or relieve the insurance or bonding company from liability for the payment of any claim for which the insured may be held legally liable to compensate shippers or consignees, irrespective of the financial responsibility or lack thereof or insolvency or bankruptcy of the insured. However, all terms, conditions, and limitations in the policy are to remain in full force and effect as binding between the insured and the insurance or bonding company.|
|(3)|| The liability of the insurance or bonding
company for the following minimum limits shall be a continuing one
notwithstanding any recovery hereunder:
Each certificate of insurance provided by these rules covering bodily injury liability; property damage liability and cargo liability filed with the Commission for approval must be for not less than the full limits of liability required under these rules and regulations and in each case the insurance company must be legally authorized to transact business in the State of Georgia.
Certificates of insurance when filed with and accepted by the Commission are public documents and after cancellation or expiration shall be retained in the files of the Commission for a period of not less than two years or such longer time as may be deemed necessary for the protection of the insured.
|(1)||Certificates of insurance evidencing coverage shall be written in the full and correct name of the individual, partnership, corporation, or other person to whom the certificate, permit, or license is now or is to be issued. In case of a partnership all partners shall be named.|
|(2)||Certificates of insurance evidencing coverage shall be continuous and NO LAPSE IN INSURANCE COVERAGE IS PERMITTED. Certificates of insurance evidencing coverage shall be continuous and shall not be canceled or withdrawn until after thirty (30) days' notice in writing by 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 offices in Atlanta, Georgia, which period of thirty days shall commence to run from the date such notice is actually received at the office of the Commission. Upon receipt of the notice, original stamped copy will be retained in the files of the Commission as evidence of the date of cancellation thereof and attached to the certificate of insurance or the surety bond. Except that the Commission will waive the required thirty (30) days' notice where a motor carrier elects to substitute a certificate of insurance evidencing coverage for insurance previously filed by a different insurance company where such substituted certificate is accompanied by an affidavit of the motor carrier that substitution has been authorized by the motor carrier and that waiving of the thirty (30) days' notice is requested for the purpose of avoiding the payment of double insurance premium.|
The Commission may revoke its approval of any certificate of insurance, or other securities or agreements if it finds at any time such security no longer complies with these rules. Any carrier which has its permit or certificate automatically suspended or revoked can request and receive an oral hearing before the Commission regarding such Commission action, but such revoked or suspended certificate or permit will not be reinstated unless and until acceptable proof of insurance (without lapse) has been received by the Commission.