Rule 515-16-11-.03 - Public Liability and Property Damage Insurance(1) No certificate or permit shall be issued or continued in operation unless the applicant or holder shall give and maintain bond, with adequate security, for the protection, in case of passenger vehicles, of the passengers and baggage carried and of the public against injury proximately caused by the negligence of such motor common or contract carrier, its servants, or its agents. In cases of vehicles transporting freight, the applicant or holder shall give bond, with adequate security, to secure the owner or person entitled to recover therefore against loss or damage to such freight for which the motor common or contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants, or its agents.(2) The Commission shall approve, determine, and fix the amount of such bonds and shall prescribe the provisions and limitations thereof; and such bonds shall be for the benefit of and subject to action thereon by any person who shall sustain actionable injury or loss protected thereby.(3) The Commission may, in its discretion, allow the filing of a certificate of insurance on forms prescribed by the Commission, in lieu of such bond, evidencing a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy must substantially conform to all of the provisions of this article relating to bonds. The insurer shall file such certificate. The failure to file any form required by the Commission shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer.(4) It shall be permissible under this rule for any person having a cause of action arising under this rule in tort or contract to join in the same action the motor carrier and its surety, in the event a bond is given. If a policy of indemnity insurance is given in lieu of bond, it shall be permissible to join the motor carrier and the insurance carrier in the same action, whether arising in tort or contract.(5) The liability of the insurance or bonding company on each motor vehicle for the following minimum limits shall be a continuing one notwithstanding any recovery hereunder: SCHEDULE OF LIMITS
Kind of equipment | Limit for bodily injury to or death of one person: | Limit of 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): |
Passenger equipment (seating capacity): 12 passengers or less Over 12 passengers | $100,000.00 $100,000.00 | $300,000.00 $500,000.00 | $50,000.00 $50,000.00 |
Freight equipment: All motor vehicles used in the transportation of property | $100,000.00 | $300,000.00 | $50,000.00 |
Ga. Comp. R. & Regs. R. 515-16-11-.03
Authority O.C.G.A. Secs. 46-7-4, 46-7-12, 46-7-12.1, 46-7-16, 46-7-85.3, 46-7-85.7.
Original Rule entitled "Public Liability and Property Damage Insurance" adopted. F. June 10, 2008; eff. June 30, 2008.