Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-2 - CERTIFICATES FOR MOTOR CARRIERS GENERALLY › Rule 570-38-2-.05 - Required Insurance and Certificate(s) of Insurance

Current through Rules and Regulations filed through June 27, 2024
(1) Except to the
				extent that an applicant is exempt from such a requirement by Georgia law,
				applicants for a certificate or certificates under this Subchapter shall cause
				to be filed as a part of their application or applications with the Department
				a certificate or certificates of insurance demonstrating that the applicant
				possesses the insurance required by law and by these Rules.
(2) No certificate shall be issued or remain
				in effect under this Subchapter unless the applicant or holder obtains and
				maintains adequate insurance solely in the name of the applicant or holder and
				in amounts equal to or greater than the minimum amounts described in this
				Chapter and which conforms to the requirements established by the Department in
				accordance with state law applicable to that applicant or holder. No applicant
				or certificate or permit holder shall be allowed to utilize or rely upon
				insurance coverage in the name of another person or entity or coverage held
				jointly with another person or entity. A certificate held by a motor carrier
				subject to this Rule which fails to maintain the required insurance shall
				immediately become void at the time the motor carrier falls out of compliance
				with this Rule, regardless of whether the applicant or certificate holder later
				re-establishes compliance with this Rule. A certificate which has become void
				through operation of this rule shall automatically become valid upon the
				certificate holder's re-establishment of required insurance and compliance with
				this Rule, unless the Department has entered an order suspending, revoking or
				otherwise affecting the certificate in question, and except that the Department
				may later enter an order suspending, revoking, or otherwise affecting the
				certificate in question for failure to comply with this Rule.
(3) Applicants and certificate holders shall
				update their certificate or certificates of insurance filed with the Department
				to reflect their ongoing compliance with this Rule and any updates or changes
				to the policy or policies of insurance held, including but not limited to
				renewals, revisions to policy limits, additional or reduced coverage, changes
				in insurance carrier, suspensions, cancellations, and reinstatements. Such
				updated certificates shall be provided to the Department as soon as feasible
				upon the occurrence of or, whenever possible, prior to any event requiring such
				update, upon the request of the Department, and at least once every two
				years.
(4) Applicants and
				certificate holders subject to this Rule shall - to the extent possible -
				provide the Department with no less than 30 days' notice prior to any changes
				to the applicant's or certificate holder's policy or policies of insurance
				which would cause the applicant or certificate holder to become out of
				compliance with this Rule, including but not limited to any cancellation,
				withdrawal, or suspension of the applicant's or certificate holder's policy or
				policies or insurance. An applicant or certificate holder shall arrange for the
				applicant or certificate holder's insurance carrier to deliver notice required
				by this paragraph to the Department.
(5) All certificates of insurance, notices,
				and other documents evidencing insurance coverage (collectively, "insurance
				forms") required to be submitted to the Department by this Rule or by Georgia
				law shall be subject to approval based upon factors including but not limited
				to the form and completeness of the document, whether the form was provided by
				a company legally authorized to transact business in the State of Georgia, and
				a review of the policy itself if required to verify that the full limits of
				liability required by the Department are in place. Handwritten insurance forms
				will not be accepted. Insurance forms shall be submitted via mail, facsimile,
				electronic mail, or via the National Online Registry (NOR) electronic filing
				database as directed by the Department.
(6) The following forms prepared by the
				National Association of Regulatory Utilities Commissioners, when used for the
				designated purpose, will carry a presumption of compliance with the
				Department's Rules relating to certificates of insurance, notices, and other
				documents evidencing insurance coverage, provided that the forms are properly
				completed and comply with the other requirements of this Rule including
				paragraph (7):
(a) Form E ("Uniform Motor
				Carrier Bodily Injury and Property Damage Liability Certificate of Insurance")
				when used as a certificate of insurance to demonstrate compliance with the
				Department's insurance coverage requirements relating to bodily injury and/or
				property damage liability;
(b) Form
				H ("Uniform Motor Carrier Cargo Certificate of Insurance") when used as a
				certificate of insurance to demonstrate compliance with the Department's
				insurance coverage requirements relating to cargo insurance; and
(c) Form K ("Uniform Notice of Cancellation
				of Motor Carrier Insurance Policies") when used as notice of cancellation of an
				applicant's or certificate holder's insurance policies.