Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 6 - Transportation Network Companies › Part 1 - APPLYING FOR A PERMIT › Section 165:30-6-5 - Insurance

Current through Vol. 41, No. 20, July 1, 2024
(a) No TNC shall
				  conduct any operations in this State unless such operations are covered by a
				  valid insurance policy issued by an insurer authorized or approved by the
				  Oklahoma Insurance Department. No holder of a TNC permit shall conduct any
				  operations before a proper certificate of insurance(s) has been filed with, and
				  approved, by the Commission.
(b)
				  Every TNC shall file with the Commission a certificate on form TDF 30
				  certifying that there is in effect insurance coverage as set forth in the
				  Oklahoma Transportation Network Company Services Act.
(c) No certificate of insurance filed with
				  the Commission pursuant to this Section shall be canceled, unless the
				  authorization to conduct operations has been canceled, except after thirty (30)
				  days written notice made to the Commission, on form TDF 31, which notice shall
				  be effective only upon actual receipt thereof by the Commission.
(d) Insurance certificates may be canceled
				  without the thirty (30) days written notice on form TDF 31 only when the
				  authorization to operate has previously expired or canceled.
(e) Insurance certificates not properly
				  cancelled or expired shall be considered expired one (1) year after the TNC's
				  authorization to operate has been cancelled or expired.
(f) Insurance certificates approved by this
				  Commission shall be replaced by more recent insurance certificates. The
				  liability of the retiring insurer shall be terminated as of the effective date
				  of the replacement insurance certificate provided the replacement is approved
				  by this Commission.
(g) Every
				  certificate of insurance filed with the Commission shall provide that the
				  public is protected from damage sustained through operations of any and all
				  vehicles operated by the TNC insured, subject to the terms and conditions
				  provided for by the Oklahoma Transportation Network Company Services
				  Act.
(h) Every certificate of
				  insurance filed with the Commission shall be executed by an officer or
				  authorized agent of the insurance company; and if executed by an agent, a copy
				  of his written authority or power of attorney to execute the same shall be
				  attached to the certificate.
(i)
				  When insurance is provided by more than one insurer in order to aggregate
				  security limits for TNCs, a separate insurance certificate is required of each
				  insurer. For each motor carrier, no more than one (1) primary insurance filing
				  and no more than two (2) excess insurance filings shall be approved.
(j) Every TNC shall maintain in force at all
				  times all insurance required by state laws and by this Section. Failure for any
				  cause to maintain any required insurance in force shall automatically and
				  without notice suspend the permit of a TNC until proper insurance is filed. No
				  TNC operations shall be conducted unless proper insurance is on file with the
				  Commission.
(k) Whenever the permit
				  of a TNC is suspended for failure to maintain in force insurance required by
				  this Section, the TNC must file proper certificate(s) of insurance, as provided
				  in this Section, within sixty (60) days after commencement of the
				  suspension.
(l) Whenever a TNC
				  fails to provide proper certificates of insurance within sixty (60) days after
				  suspension thereof as provided in this Section, the TNC's permit shall be
				  cancelled. A permit so cancelled shall not be reinstated or otherwise made
				  operative except upon proper showing that the TNC was actually covered by
				  proper insurance during the suspension or cancellation period, and that failure
				  to file with the Commission was not due to the TNC's own negligence.
(m) Any TNC conducting operations under a
				  suspended or cancelled permit shall not be eligible to apply for a new permit
				  for a period of not less than one hundred eighty (180) days. The one hundred
				  eighty (180) day period shall be determined by either the date insurance on
				  file expires or the date a violation is discovered, whichever occurrence is
				  later.
(n) Insurance filings and
				  cancellation notices required by this Chapter may be accepted electronically as
				  set forth by the Transportation Division. Electronic insurance filings and
				  cancellations shall be held to the same standard and carry the same force and
				  effect as if accepted through traditional paper filings.