N.J. Admin. Code § 16:53-9.1 - Certificate of insurance or evidence of self-insurance

(a) An operator of an autobus carrying passengers for hire in accordance with Title 48 of the Revised Statutes or 49 CFR Part 393 shall file with the New Jersey Motor Vehicle Commission three copies of a certificate of insurance or evidence of self-insurance, which shall be in the form set forth in (i) below, designated "Form E--Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance" and "Form F--Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsement."

(b) Such certificate or evidence shall be signed by the issuing insurance company or, in the case of a self-insurer, by an officer or agent thereof, and shall state that autobuses are insured in compliance with either Title 48 of the Revised Statutes or 49 CFR Part 387, incorporated herein by reference, as amended and supplemented, whichever is applicable.

(c) Every certificate of insurance shall contain a provision for continuing liability and shall provide that cancellation thereof shall not be effective unless at least 30 days' notice in writing of intention to cancel has been delivered to the New Jersey Motor Vehicle Commission.

(d) Certificates of insurance that have been accepted by the Chief Administrator of the New Jersey Motor Vehicle Commission in accordance with this section may be replaced by other certificates of insurance. The liability of the retiring insurer under such certificates of insurance shall be considered as having been terminated as of the effective date of the replacement certificate of insurance.

(e) Every certificate of insurance shall contain a provision for a continuing liability notwithstanding any recovery thereunder.

(f) Every certificate of insurance shall provide that cancellation thereof shall not be effective until at least 30 days' notice in writing of intention to cancel has been delivered to the Chief Administrator of the New Jersey Motor Vehicle Commission; such cancellation notice shall be in the form set forth in (i) below, designated "Form K--Uniform Notice of Cancellation of Motor Carrier Insurance Policies." If such cancelled insurance policy is reinstated, a new certificate, in the form set forth in (i) below, designated "Form E--Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance" and "Form F--Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsement," shall be filed with the Chief Administrator of the New Jersey Motor Vehicle Commission.

(g) Certificates of insurance shall be in accordance with the forms set forth in (i) below, designated "Form E--Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance."

(h) When a certificate of insurance is filed as provided in (i) below, there shall be attached to the original certificate of insurance ("Form E--Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance"), an endorsement designated "Form F--Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsement."

(i) All insurance filings in accordance with Title 48 of the Revised Statutes shall be made with the New Jersey Motor Vehicle Commission, Commercial Bus Inspection and Investigation Unit, PO Box 680, Trenton, New Jersey 08666-0680, on the insurance industry forms specified below:

1. Form E--"Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance," together with Form F below;

2. Form F--"Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsement";

3. Form K--"Uniform Notice of Cancellation of Motor Carrier Insurance Policies."

(j) The Chief Administrator of the New Jersey Motor Vehicle Commission shall consider applications for permission to establish insurance funds in lieu of the filing of certificates of insurance. Until such permission is granted by the Chief Administrator of the New Jersey Motor Vehicle Commission, certificates of insurance shall be filed. Until otherwise ordered, all orders and certificates of the Chief Administrator of the New Jersey Motor Vehicle Commission authorizing or directing bus lines and street railway corporations operating buses to establish and maintain self-insurance funds shall continue in full force and effect insofar as said orders or certificates authorize the carriers therein named to be self-insurers. Every person, firm, association, and corporation that maintains a self-insurance fund pursuant to authority granted by the Chief Administrator of the New Jersey Motor Vehicle Commission shall procure, maintain, and file with the Chief Administrator a policy of insurance to cover the difference between the amounts such carrier is authorized to self-insure and the amounts specified in Title 48 of the Revised Statutes or 49 CFR Part 387, incorporated herein by reference, as amended and supplemented, whichever is applicable.

(k) A certificate of insurance shall not be filed with the Chief Administrator of the New Jersey Motor Vehicle Commission unless a direct contractual relationship exists between the operator and the insurance company making the filing. A certificate of insurance shall be issued in the exact name of the operator.

(l) All filings shall be executed in triplicate on the proper form as specified in (i) above. The Chief Administrator of the New Jersey Motor Vehicle Commission may refuse to accept a certificate of insurance if in his or her judgment it does not provide adequate protection for the public.

(m) No certificate of public convenience and necessity shall be issued nor shall any previously issued certificate remain in force, unless all of the foregoing provisions are complied with.

Notes

N.J. Admin. Code § 16:53-9.1

Emergency Amendment, R.1985 d.445, effective 8/8/1985 (expires October 7, 1985).
See: 17 N.J.R. 2149(a).
Added (d)4 and (n).
Amended by R.1985 d.574, effective 11/18/1985.
See: 17 N.J.R. 2149(a), 17 N.J.R. 2783(a).
(d)4 and (n) added.
Amended by R.1986 d.216, effective 6/16/1986.
See: 18 N.J.R. 626(a), 18 N.J.R. 1310(b).
Substituted "AIP Designation Notice Card" for "binder".
Amended by R.2002 d.295, effective 9/3/2002.
See: 34 N.J.R. 1327(b), 34 N.J.R. 3099(a).
Rewrote the section.
Amended by R.2008 d.49, effective 3/3/2008.
See: 39 N.J.R. 3889(a), 40 N.J.R. 1357(b).
Substituted "Motor Vehicle Commission" for "Department of Transportation" and "Chief Administrator" for "Commissioner" throughout; in the introductory paragraph of (i), inserted "and Investigation" and updated PO Box number and zip code; and in (k), inserted the last sentence.