N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-2.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 154-2.7 - Financial responsibility

In order to protect the State of New York, the various political subdivisions thereof, and the public, every holder of a divisible load permit shall meet the insurance requirements described in this section.

(a) Liability insurance coverage. Every holder of a divisible load permit shall procure and maintain a policy of liability insurance coverage from a company duly authorized to transact business in this State. Such insurance policy shall provide for liability arising from the ownership, operation, maintenance, or use of each vehicle for which a divisible load permit is granted and shall provide for at least the following liability coverage.

(1) for bodily injury to or death of one or more persons in any one accident, $750,000 and for injury to or destruction of property in any one accident, $250,000; or

(2) a combined single limit for any one accident, $1,000,000.

(b) Certification. Each applicant for a divisible load permit shall certify to the department the following:

(1) that the applicant has obtained insurance coverage with the minimum coverage specified in this section;

(2) that the applicant will not operate or allow to be operated any permitted vehicle unless the required insurance covering such vehicle is in effect;

(3) that the operation of a vehicle without the insurance required by this section being in effect constitutes grounds for the revocation of the permit as well as other applicable civil and criminal penalties; and

(4) that upon request such applicant will provide evidence issued by or on behalf of an insurance company duly authorized to transact business in this State that an insurance policy meeting the requirements of this Subpart is or has been in effect for all such time as the permit has been granted.

The department shall not issue, amend or renew a divisible load permit to any applicant who has not provided this certification to the department.

(c) Proof of insurance. The commissioner may require from each applicant, prior to issuing a divisible load permit, a certificate of insurance, as that term in defined in section 311 of the Vehicle and Traffic Law, showing that there is a liability insurance policy in effect meeting the minimum requirements specified in this section.

(d) Permit revocation. The commissioner may revoke any divisible load permit when an insurance policy meeting the requirements of this section has been cancelled without corresponding evidence that a replacement policy also meeting the requirements of this section has been issued.

(e) Audit. The commissioner may investigate or audit any holder of a divisible load permit with respect to compliance with the provisions of this section. Failure of a permit holder to cooperate in any such investigation or failure to provide within a reasonable time such records as the commissioner may reasonably require to investigate the permit holder's compliance with the provisions of this section shall constitute grounds for the suspension or revocation of the divisible load permit.

(f) Municipalities. A self-insured municipality may furnish, in lieu of the insurance certificate, a self-insurance indemnification agreement in a form prescribed by the Department of Transportation.

(g) Waiver. The commissioner may waive any of the provisions contained in this section when special conditions warrant.

N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-2.7