Kan. Admin. Regs. § 82-4-22 - Intrastate insurance requirements
(a)
(1)
Before the commission issues a certificate, permit, or license to an applicant,
the following types of applicant carriers shall obtain and keep in force a
public liability and property damage insurance policy pursuant to
K.S.A.
66-1,128, and amendments thereto:
(A) Public motor carriers of property,
household goods, or passengers; and
(B) private motor carriers of
property.
(2) Each
applicant shall submit proof of the required policy by fling the uniform
standard insurance form as required by
K.A.R.
82-4-24a. This policy shall be issued by an
insurance company or association meeting the requirements of
K.S.A.
66-1,128, and amendments thereto.
(3) The insurance policy shall bind the
obligors to pay compensation for the following:
(A) Injuries or death to persons, except
injury to the insured's employees while engaged in the course of their
employment; and
(B) loss of, or
damage to, property of others, not including property usually designated as
cargo, resulting from the negligent operation of the carrier.
(4) Each carrier shall file
online, at the national online registration (NOR) database administered by the
motor carrier information exchange, proof of insurance in amounts not less than
those required in
K.S.A.
66-1,128, and amendments thereto. In special
cases and for good cause shown, a carrier may be required by order of the
commission to file insurance in additional amounts.
(b) If a motor carrier is unable to provide
the uniform standard insurance form required in subsection (a), the original or
a certified copy of the policy with all endorsements attached may be
temporarily accepted by the commission for 30 days. The motor carrier shall
then file the form required in subsection (a) within the 30-day
period.
(c) Before the expiration
date or cancellation date of an insurance policy filed in compliance with the
law and the regulations of the commission, either the motor carrier shall file
with the commission a new policy for the vehicle, or the vehicle shall
immediately be withdrawn from service and notification of the action shall be
given to the commission.
(d)
Operation by a motor carrier without compliance with this regulation shall
result in emergency proceedings pursuant to
K.S.A.
77-536, and amendments thereto, to suspend
the certificate, permit, or license issued to the carrier. Each emergency order
to cancel the certificate, permit, or license issued to the carrier shall be
followed by a notice of the agency action and an opportunity for a hearing on
the matter, pursuant to
K.S.A.
77-536 and amendments thereto.
Notes
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