Insurance requirements.
(1)
Required insurance coverage. Each applicant for common carrier authority and each common carrier must file with the commission evidence of currently effective liability and property damage insurance written by a company authorized to write such insurance in the state of Washington or by an unauthorized insurer providing surplus lines coverage subject to the provisions of RCW
48.15.040, covering each motor vehicle as defined in RCW
81.80.010 used or to be used under the permit.
(a) For vehicles with gross vehicle weight ratings of 10,000 pounds or more, filings must be for the amount shown on the following table:
Category of Carrier Operation | Filing Required |
1. | Property (nonhazardous) . . . . | $750,000 |
2. | Hazardous substances, as defined in 49 Code of Federal Regulations (C.F.R.) 171.8 transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; or in bulk Division 1.1, 1.2 and 1.3 materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material, in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined in 49 C.F.R. 173.403 . . . . | $5,000,000 |
3. | Oil listed in 49 C.F.R. 172.101; hazardous waste, hazardous materials and hazardous substances defined in 49 C.F.R. 171.8 and listed in 49 C.F.R. 172.101, but not mentioned in 2. above or in 4. below . . . . | $1,000,000 |
4. | Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material, as defined in 49 C.F.R. 173.403 . . . . | $5,000,000 |
(b) For vehicles with gross vehicle weight ratings less than 10,000 pounds, filings shall be for the amounts shown on the following table:
Category of Carrier Operation | Filing Required |
1. | Property (nonhazardous) . . . . | $300,000 |
2. | Property (hazardous); any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material, as defined in 49 C.F.R. 173.403 . . . . | $5,000,000 |
|
(c) Insurance requirements do not apply to taxicabs whose only operation subject to commission jurisdiction is the operation of small parcel general freight service under a permit issued pursuant to chapter
81.80 RCW. Those taxicabs must comply with the provisions of RCW
46.72.040 and
46.72.050 in lieu of the above. However, all carriers must comply with the reporting requirements of this section.
(d) The commission may dismiss an application or suspend or cancel a permit if a carrier does not file proof that such insurance is in full force and effect.
(e) Carriers must submit evidence of insurance by a Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance (Form E), Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond (Form G), or a written binder evidencing the required coverage. A binder may not be effective for longer than 60 days, during which time the carrier must file the Form E or Form G.
(2) Continuing proof of insurance. A carrier must file evidence of continued insurance with the commission not less than 10 days prior to the termination date of the current insurance.
(3) Insurance endorsement. All liability and property damage insurance policies issued to common carriers must carry a "uniform motor carrier bodily injury and property damage liability endorsement."
(4)
Insurance termination. All insurance policies issued under the requirements of chapter
81.80 RCW must provide that the coverage continues in full force and effect unless and until canceled by at least 30 days' written notice served on the insured and the commission by the insurance company. The 30 days' notice must commence to run from the date the notice is actually received by the commission.
(a) An insurance binder may be canceled on 10 days' written notice.
(b) The carrier or carrier's insurance company must notify the commission of cancellation or expiration by filing a Notice of Cancellation (Form K) no less than 30 days before the cancellation or expiration effective date.
(c) The carrier or carrier's insurance company must provide notice of cancellation or expiration not more than 60 days before the termination date, except binders which may be canceled on 10 days' written notice.
[Statutory Authority: RCW
80.01.040,
81.01.010,
81.04.160,
81.80.290, and
81.77.030. WSR 23-15-054 (Docket T-220252, General Order R-607), § 480-14-250, filed 7/13/23, effective 8/13/23. Statutory Authority: RCW
80.01.040,
81.01.010,
81.04.160, and
81.80.130. WSR 13-23-048 (Docket TV-130079, General Order R-573), § 480-14-250, filed 11/15/13, effective 12/16/13. Statutory Authority: RCW
80.01.040 and
81.04.160. WSR 09-22-057 (Order R-555, Docket TV-090400), § 480-14-250, filed 10/30/09, effective 11/30/09. Statutory Authority: RCW
80.01.040,
80.04.160,
81.04.160, and
34.05.310. WSR 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-14-250, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW
80.01.040 and
34.05.350. WSR 95-24-001 (Order R-435, Docket No. TV-941290), § 480-14-250, filed 11/22/95, effective 12/23/95.]
