RULE 001.01.93-002 - Rule 12.1 - Registration of Insurance; rule 12.2 - Applications for Insurance Receipts; Rule 12.3 - Proposed Rule 18.10 - Agents for Household Goods Carriers; Proposed Rule 18.11

RULE 001.01.93-002. Rule 12.1 - Registration of Insurance; rule 12.2 - Applications for Insurance Receipts; Rule 12.3 - Proposed Rule 18.10 - Agents for Household Goods Carriers; Proposed Rule 18.11

RULE 12.1

REGISTRATION OF INSURANCE

No vehicle shall be operated under any certificate or permit issued by the Interstate Commerce Commission or the Arkansas State Highway Commission unless such vehicle is accompanied by valid evidence of payment of the insurance registration fee required by these Commissions. Evidence of payment of the insurance registration fee shall be issued in the form of a receipt only to motor carriers holding a valid certificate or permit from the Interstate Commerce Commission or the Arkansas State Highway Commission.

The presence of such registration receipt is evidence only of payment of the required insurance registration fee. Such receipt creates no presumption that the vehicle is being operated by the motor carrier company paying the registration fee, or pursuant to proper operating authority issued by the Interstate Commerce Commission or the Arkansas State Highway Commission.

At any point in time that the motor carrier company fails to have on file with the Interstate Commerce Commission or the Arkansas State Highway Commission insurance sufficient to cover its authorized operations, said receipt shall no longer authorize travel in any state, and may subject the motor carrier company to fines, penalties, and other sanctions to be imposed by the Interstate Commerce Commission or the Arkansas State Highway Commission.

RULE 12.2

APPLICATIONS FOR INSURANCE RECEIPTS.

Each common and contract carrier of persons and property shall annually make application in writing for insurance registration. Said application shall be on forms prescribed by the Interstate Commerce Commission and the Arkansas State Highway Commission. The annual application shall be accompanied by funds in an amount sufficient to equal the number of vehicles traveling in all states of travel participating in the Single State Registration Program in which the carrier expects to operate and/or all vehicles operating in intrastate commerce in Arkansas. Said fee shall be collected from each common and contract carrier of passengers and/or property holding certificates or permits issued by the Interstate Commerce Commission or the Arkansas State Highway Commission.

Initial applications for insurance registration shall be on forms prescribed by the Interstate Commerce Commission and the Arkansas State Highway Commission. The initial application shall be accompanied by a copy of the certificate or permit under which operations are to be conducted, proof of insurance in the amounts required by the rules of these Commissions for operations in interstate and/or intrastate commerce, and the names of registered agents for service of process for all states of travel. However, this last requirement shall not apply to those carriers having only Arkansas intrastate authority issued by the Arkansas State Highway Commission.

Holders of emergency temporary authority and temporary authority issued by the Interstate Commerce Commission which are based in Arkansas shall be required to provide the same documentation and pay fees prior to commencing operations in any state. Holders of temporary intrastate authority shall pay the same fees and make application for insurance registration prior to commencing operations.

No motor carrier in intrastate or interstate commerce shall commence operations in the State of Arkansas without having first made application for and paid the fees for registration of insurance for travel through the State of Arkansas. Fees may be collected by other states for carriers whose principal place of business is located in that state and remitted to the State of Arkansas. Such payment of fees and documentation by the state acting as agent on behalf of the State of Arkansas shall be sufficient evidence to comply with the requirements of these rules.

The original receipt issued under provisions of this rule shall be kept by the motor carrier company for a period of three years. Any supplemental receipts or copies of the receipt shall also be maintained for a period of three years. A copy of the receipt shall be kept in the cab of each vehicle and shall be available at all times for inspection by any authorized government personnel on demand. Failure to have a receipt or a copy thereof in the cab of each vehicle may result in the imposition of fines and penalties and/or other sanctions against the motor carrier.

RULE 12.3

Each common and contract carrier authorized by the Interstate Commerce Commission or the Arkansas state Highway Commission to engage in for-hire operations in driveaway service shall annually make application for insurance registration in the same manner as all other motor carriers under the provisions of these rules. The use of the receipt issued as a result of such application and payment of fees shall be limited to vehicles being transported in driveaway service; the use thereof for any other purpose shall be unlawful.

The motor carrier shall have sufficient registration receipts to place one in each vehicle transported in driveaway service. The insurance receipt may be used interchangeably by the holder thereof on all vehicles being operated in the driveaway service under proper authority issued by the Interstate Commerce Commission or the Arkansas State Highway Commission. The receipt shall be carried by the driver in the vehicle and shall be available for inspection by authorized government personnel on demand.

(11/23/1993)

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