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(2) Financial Responsibility. (A) An applicant [must submit proof of insurance meeting the required minimum amount before a permit can be issued. While operating under authority granted under this rule, an applicant must have on file with the Missouri Department of Transportation, Motor Carrier Services Division an approved certificate of liability insurance specifically showing coverage of amounts]for an oversize/overweight permit shall have on file with the Missouri Department of Transportation’s Motor Carrier Services Division an approved proof of coverage for bodily injury to, or death of, an individual and for loss or damage to property, in a form satisfactory to the Missouri Highways and Transportation Commission. Proof of coverage shall be effective during all of the applicant’s oversize/overweight operations authorized under such permit covering each motor vehicle operating under the authority of the applicant’s permit in amounts not less than the following: SCHEDULE OF MINIMUM LIMITS OF COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Type of Move Amount 1) Routine $750,000 2) Super Heavy and Large Loads $2,000,000 3) Noncommercial Building (House) Movement $2,000,000 [Refer to subsection (8)(C) for financial responsibility for escorts.] (B) [For movement of a noncommercial building (as described in section (16)), the insurance certificate or other evidence of insurance provided by the applicant MUST INCLUDE the following statement under description of operations: “STRUCTURAL MOVING OPERATIONS OF THE NAMED INSURED INCLUDED IN THIS COVERAGE.” In the case of excessive overweight, additional financial responsibility may be required to protect the state in regard to excessive damage to the state highway system and its facilities.]Public Liability Insurance and Surety Bond Forms. The proof of insurance shall be on a certificate of liability form (Acord). The certificate shall be duly completed and executed by the applicant’s insurer or an agent of the insurer authorized to issue a policy on the insurer's behalf. The approved certificate of liability insurance coverage shall include any damage to the state highway system such as the road surface, shoulders, bridges, traffic control devices, utility facilities, and any other state highway system-related property which is caused by, and is the legal responsibility of, the applicant, the applicant’s vehicle and/or the applicant’s officers, agents, employees or operators. A surety bond (Form G) in accordance with 7 CSR 265-10.030 may be accepted in lieu of the certificate of liability. The bond shall be duly completed and executed by the surety and principal. Such surety bond shall be in a duration and amount as the commission may determine to be adequate for the commission’s protection and to be provided by sureties or financial institutions satisfactory to the commission. (C) [Insurance for all permit operations shall be in force for the duration of the permit period.] Cargo. Any automobile insurance policy required under this administrative rule shall not include coverage of the cargo transported under the permit, and, instead, any cargo transported by the applicant under a permit issued under this administrative rule shall be insured under a separate insurance policy. Proof of cargo liability is not required to be filed with the Missouri Department of Transportation. (D) Filing Waiver. If the applicant has proof of public liability insurance (form E) on file with the Missouri Highways and Transportation Commission pursuant to 7 CSR 265- 10.030 or the motor carrier has been approved to be self-insured for motor carrier operations, no additional proof of insurance is required to be filed, provided the limits of liability pursuant to such public liability insurance or self-insurance is consistent with the limits established in this rule. (E) Cancellation. The applicant shall immediately notify the Missouri Department of Transportation Motor Carrier Services Director in writing of cancellation of the applicant's proof of insurance. All non-expired permits issued to the applicant shall be void and requests for additional permits shall not be granted until the applicant submits new proof of coverage consistent with this administrative rule to the Motor Carrier Services Director. (F) Rejection. Proof of insurance may be rejected and notification sent to the applicant of the rejection, if- 1. Proof of insurance was not submitted on the proper form(s) or information contained on that form has not been completed in order for the division to determine if the limits of liability have been met; 2. The form was not properly completed; 3. The limits of liability were contrary to limits established within this rule; or 4. The proof of insurance appears to be invalid or the authenticity of the document cannot be verified. ([D]G) Filing of Documents. Insurance companies offering motor carrier insurance certificates, cancellation notices, or other documents for filing with the division pursuant to this rule, shall deliver the documents to the Missouri Department of Transportation, Motor Carrier Services Division, 1320 Creek Trail Drive, PO Box 893, Jefferson City, MO 65102 by any of the following methods: personal delivery, U.S. mail, express courier delivery, FAX, electronic mail (E-mail), or other approved electronic media. A person or company that offers photocopies, FAX copies, or electronic documents for filing shall be bound by them as if they were signed originals. [All documents offered for filing shall comply with the applicable requirements and be properly signed or otherwise authenticated in accordance with this rule.] (H) Failure to Comply. The Motor Carrier Services’ director or his/her representative may reject an applicant’s request for a permit or suspend the applicant’s privileges of obtaining oversize/overweight permits for failure to comply with this section of the rule. (I) Excessive Overweight. Permits issued for excessive overweight may require additional financial responsibility to protect the state in regard to excessive damage to the state highway system and its facilities. (J) Refer to subsection (8)(C) for financial responsibility for escorts. |
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