North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 6 - OPERATIONS › Section 11 R02-36 - SECURITY FOR THE PROTECTION OF THE PUBLIC

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All common
				  motor carriers, including exempt for-hire passenger carriers, shall obtain and
				  keep in force and maintain on file at all times with the Division of Motor
				  Vehicles public liability and property damage insurance issued by a company
				  authorized to do business in North Carolina in amounts not less than the
				  following:
SCHEDULE OF LIMITS
Motor Carriers -- Bodily Injury Liability --
								Property Damage Liability
(1)
(2)
(3)
(4)
Kind of Equipment
Limit for bodily injuries to or death to one
								person
Limit for bodily injuries to or death of all
								persons injured or killed in any one accident (Subject to a maximum of $100,000
								for bodily injuries to or death of one person)
Limit for loss or damage in any one accident to
								property of others (excluding cargo)
Freight Equipment:
All motor vehicles used in the transportation of
								household goods with a GVW of 26,000 lbs or less.
$100,000
$300,000
$50,000
All motor vehicles used in the transportation of
								household goods with a GVW of 26,001lbs. or more shall maintain coverage in the
								amount of $750,000 for public liability and property damage as required by
								federal law.
Passenger Equipment:
The minimum levels of financial responsibility are
								as prescribed for motor carriers of passengers pursuant to the provisions of
								49 U.S.C.
								10927(a)(1), which are
								$5,000,000 for vehicles with a seating capacity of 16 passengers or more and
								$1,500,000 for vehicles with a seating capacity of 15 passengers or less.
								Provided, however, that a passenger carrier providing transportation of
								passengers exclusively for or under the control of a local Board of Education
								operating under the authority of the State, or the State Department of
								Education, or the United States Department of Defense, to the extent that said
								arm of the United States Government maintains local boards of education in the
								State of North Carolina, shall obtain and keep in force at all times public
								liability and property damage insurance in the minimum amounts provided for in
								49 U.S.C.
								10927(a)(1) or in a minimum
								amount not less than said limits as may be specified and approved by the local
								Board of Education or State Department of Education, or the United States
								Department of Defense contracting with said passenger carrier, provided,
								however, that in no event shall the minimum level of financial responsibility
								be less than $1,000,000.00. Provided, further, that no bus company operating
								solely within the State of North Carolina and which is exempt from regulation
								under the provisions of
								G.S.
								62-260(a)(7) shall be
								required to file with the Commission proof of the financial responsibility in
								excess of one million five hundred thousand dollars ($1,500,000).
(b) The policy shall have attached thereto
				  endorsement Form F and as evidence of such insurance there shall be filed with
				  the Division of Motor Vehicles certificate of insurance Form E.
(c) In addition to the foregoing insurance,
				  all common carriers of household goods and the motor carriers voluntarily
				  participating in this rule pursuant to
				  G.S.
				  62-152.2 shall maintain the following cargo
				  and general liability insurance coverage to compensate shippers or consignees
				  for loss of or damage to household goods belonging to shippers or consignees
				  and coming into the possession of motor common carriers in connection with
				  their transportation service, in not less than the following amounts:
(1) Cargo insurance: for loss of or damage to
				  household goods carried on any one motor vehicle - $35,000; and for loss of or
				  damage to or aggregate of losses or damages of or to household goods occurring
				  at one at any one time and place - $50,000. The policy shall have attached
				  thereof endorsement Form I or a facsimile thereof and as evidence of such
				  insurance there shall be filed with the Division of Motor Vehicles certificate
				  of insurance Form H or a facsimile thereof.
(2) General liability insurance: for loss of
				  or damage to property of shipper or consignee in the amount of $50,000. A
				  certificate of insurance proving such coverage shall be provided to the
				  Commission (a) prior to being issued a certificate of exemption and (b) with
				  the filing of each annual report.