Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 153 - THE OPERATION OF MOTOR INTRASTATE CARRIERS OF PASSENGERS FOR-HIRE › Section 250-153-8 - INSURANCE

Current through 2024-29, July 17, 2024
A. No permit and/or registration will be
				  issued by the Secretary of State until evidence of appropriate insurance has
				  been provided for each motor vehicle to be operated. For intrastate carriers an
				  insurance policy, or policies, or a surety bond shall be written only by an
				  accepted company on forms approved by the Superintendent of Insurance. Evidence
				  of appropriate insurance be filed with the Secretary of State on the State of
				  Maine Form JB revised. The form shall be in duplicate, and signed by an
				  authorized representative of the company certifying that coverage exists in no
				  less amounts than as provided for in Title 29-A Section 1611. Insurance may be
				  filed electronically in place of paper filings.
In filing evidence of insurance with the Secretary, the
					 insuring company agrees to pay any final judgment recovered against the Insured
					 for bodily injury to or death of any person or loss of, or damage to property
					 of others (excluding injury to or death of the Insured's employees while in the
					 course of their employment and loss of or damage or property of the Insured and
					 property transported by the Insured designated as cargo), resulting from the
					 negligent or willful operation, maintenance or use of motor vehicles (including
					 any motor vehicles substituted for or added to those scheduled) under a permit
					 issued to the Insured by the Secretary, or otherwise, within the limits
					 required herein, regardless of whether such motor vehicles are specifically
					 listed in the policy or bond.
It is understood and agreed that upon failure of the
					 Company to pay a final judgment recovered against the Insured, the judgment
					 creditor may maintain an action in court of competent jurisdiction against the
					 Company to compel such payment.
The bankruptcy or insolvency of the Insured shall not
					 relieve the Company of any of its obligations under the policy. Nothing
					 contained in the policy or bond or any endorsement thereon shall relieve the
					 Company from liability or from payment of any such final judgment. The
					 liability of the Company extends to losses, damages, injuries or deaths whether
					 occurring on the route or in the territory authorized to be served by the
					 Insured or elsewhere.
Any cancellation of a policy of bond on file with the
					 Secretary of State shall not take effect until after thirty (30) day notice.
					 This notice shall be completed in writing by the insuring or bonding company on
					 the Uniform Notice of Cancellation of Motor Carrier Insurance Policies (Form
					 K). The thirty (30) day notice shall commence from the date the notice is
					 received by the Secretary of State at Commercial Vehicles Division.
In the event that the carrier has obtained a policy or bond
					 from another insurance company, and such insurance or other security becomes
					 effective prior to the effective date of said 30 days, cancellation shall be
					 effective as of the effective date of such other insurance or receipt of
					 security.
B. In the case of
				  equipment leased to the holder of a permit, insurance coverage must be provided
				  for both the lessor and the lessee, filed with and approved by the Secretary
				  prior to issuance of operating authority.
Where two or more policies affording valid and collectible
					 liability insurance apply to the same motor vehicle, or where the lessor under
					 a trip lease agreement has agreed to hold the lessee harmless from liability,
					 or in all other cases where liability has been assumed by oral or written
					 agreement and insurance policy provisions would exclude such assumption of
					 liability, in an occurrence out of which a liability loss shall arise, the
					 insurance afforded by that policy in which such motor vehicle is described or
					 rated as an owned motor vehicle shall be primary and the insurance afforded by
					 any other policy or policies shall be excess.
C. It shall be the duty of all such persons
				  to arrange for continuity of coverage as provided in the foregoing. In the
				  event of expiration or cancellation of coverage, such persons must arrange
				  prior to the date of such expiration or cancellation, for renewed coverage
				  effective as of the date of said expiration or cancellation and to see that the
				  aforesaid evidence of such coverage is at all times on file at the offices of
				  the Secretary.
In the event of failure on the part of any person to have
					 evidence of appropriate insurance coverage for any motor vehicle or vehicles on
					 file with the Secretary, the permit shall become void and of no effect as of
					 the date of expiration or cancellation of coverage. The person shall
					 immediately surrender such permit, vehicle registration certificate, [license]
					 plate, and stickers to any representative of the Secretary of State holding a
					 pick-up order from the Secretary of State demanding the return thereof or upon
					 receipt of such pick-up order by certified mail.