Motor Carrier Insurance Verification Presented by Kirstie Nixon

Motor Carrier Insurance Verification Presented by: Kirstie Nixon Motor Carrier Services Division Director Colorado Department of Revenue 1881 Pierce Street, Room 118 Lakewood, 80214 303 -205 -5684 knixon@dor. state. co. us And Tom Wilcoxen Major Colorado State Patrol Tom. wilcoxen@cdps. state. co. us

Types of Motor Carrier Coverage l PRIMARY LIABILITY INSURANCE: Mandatory coverage for bodily injury or property damage caused by the insured. $750, 000 is the minimum amount of primary liability insurance required by law (FMCSA). l GENERAL LIABILITY INSURANCE: Covers negligent actions of a driver while on the premises of others, such as loading docks, truck stops, and offer coverage while loading and unloading.

Types of Motor Carrier Coverage l MOTOR TRUCK CARGO INSURANCE: Protects the cargo load from loss or damage, and ensures cargo arrives at the appropriate destination in one piece. Not mandatory, but many companies that hire independent drivers to transport goods request a certificate of cargo insurance from the trucking insurance companies to ensure their property is adequately protected. l NON-TRUCKING INSURANCE: “Bobtail liability" or “non-trucking liability” covers a driver while not operating under someone else's authority, “personal use. ” The standard liability insurance does not cover owners against losses or damages that occur when the truck is not being used for business purposes. Bobtail insurance covers a truck that is being driven without a trailer, for both work and personal use. Non-Trucking Liability covers the tractor portion of the truck when the driver is off duty, and coverage is in effect with or without a trailer attached.

How can motor carrier insurance be verified? l IRP - Useful access for IRP and like agencies who need this information l Law Enforcement - At the weigh station or on the roadside

Motor Carrier Information Exchange National Online Registries l l National Online Registries, LLC, an NICUSA company, hosts Motor Carrier Information Exchange, or “MCinfo”. MCInfo is a national, Internet-based service that lets state agencies receive and process standard motor carrier insurance filings online.

MCInfo is set up so that a state agency can do the following: l l l l Each agency can setup up and manage as its own system Allows insurance companies to submit filings electronically to the agency and allows the agency to process them MCInfo automatically informs the filer of the action taken, including any agency comments MCInfo maintains a transaction history to which the agency can refer in case of questions Any filing the agency has processed may be quickly accessed Reporting capability: history, filing trends Access to the most current FHWA information on carriers, for easy validation of information. Copies of each filing are available for immediate access and to support additional agency processing

www. mcinfo. org l Demonstration of the site

Authority of Colorado POE – – – PRC eliminated in 2009 – primary purpose of PRC was to allow PUC to check for insurance. HB 10 -1167 passed – authority to enforce compulsory insurance under Section 42 -4 -1409, CRS. Added to POE Officer authority under 42 -8104(2). POE officers may now cite under Section 42 -41409, CRS.

FMCSA Operating Authority Companies that operate as “for hire” carriers (for a fee or other compensation) that transport passengers or federally regulated commodities, or arrange for their transport, in interstate commerce are also required to have interstate operating authority. 49 CFR Part 365

Who Must Register For Operating Authority l Mexico-domiciled Motor Carriers – – l l All carriers of private operations, and All for-hire carriers who want to operate in foreign transportation of property (exempt & regulated), household goods and passengers Part 365, Subpart E – Special rules for certain Mexico-domiciled Carriers Part 368. 1, Certificate of Registration

Types of Authority Requested l Common Carrier: Provides for-hire truck transportation to the general public. Common carriers must file both liability (BI & PD) insurance and cargo insurance. l Contract carrier: Provides for-hire truck transportation to specific, individual shippers, based on contracts. Contract carriers must file only liability (BI & PD) insurance. l Brokers arrange for the truck transportation of cargo belonging to others, for compensation, utilizing for-hire carriers to provide the actual truck transportation. Brokers must file either a surety bond or trust fund agreement.

Operating Authority l The Reach of Operating Authority FMCSA operating authority is also referred to as an "MC, " "FF, " or "MX" number, depending on the type of authority that is granted. Unlike the USDOT Number application process, a company may need to obtain multiple operating authorities to support its planned business operations. Operating Authority dictates the type of operation a company may run, the cargo it may carry, and the geographical area in which it may legally operate.

Operating Authority l Financial Responsibility and Exemptions All of this also dictates the level of insurance/financial responsibilities a company must maintain. Carriers not required to have operating authority include Private carriers, "for-hire" carriers that exclusively haul exempt commodities (cargo that is not federally regulated), or carriers that operate exclusively within a federally designated "commercial zone" that is exempt from interstate authority rules. A commercial zone is, for example, a geographic territory that includes multiple states bordering on a major metropolitan city, such as Virginia/Maryland/Washington, DC.

How a motor carrier obtains operating authority ● Application for Operating Authority http: //www. fmcsa. dot. gov/registration-licensing/onlineregistration/onlineregdescription. htm

MCSAP Enforcement l CFR Part 350. 201(t)(1) Enforce registration requirements under – – – 49 U. S. C. 13902 49 CFR Part 356 and 365 49 CFR Part 392. 9 a

Roadside Registration Violations l Driver/Vehicle Inspection (US- domiciled) – Potential Violations l l 392. 9 a(a)R - Operating without registration 392. 9 a(a)S - Operating beyond registration scope Not required to have proof of insurance (MCS-90) on board the vehicle Not required to have proof of operating authority on board the vehicle

Roadside Registration Violations l Driver/Vehicle Inspection (Canada-domiciled) – Potential Violations l l 392. 9 a(a)R - Operating without registration 392. 9 a(a)S - Operating beyond registration scope 387. 7(f) – Required to have proof of insurance (MCS-90) on board the vehicle Not required to have proof of operating authority on board the vehicle

Roadside Registration Violations l Driver/Vehicle Inspection Mexico-domiciled (commercial zone) – Potential Violations l l l 392. 9 a(a)R - Operating without registration 392. 9 a(a)S - Operating beyond registration scope 387. 7(b)(3)(i) - Certificate of Registration required on board 387. 7(b)(3)(ii) – Proof of insurance (MCS-90) required on board 387. 7(b)(3)(iii) - Insurance ID card, binder or other document showing effective and expiration date of coverage required on board

MCSAP Enforcement l CFR Part 350. 201(t)(2) Enforce financial responsibility requirements under – – 49 USC 13906, 31138, 31139 49 CFR Part 387

Registration and Insurance Verification l License and Insurance website – http: //safer. fmcsa. dot. gov/ Access via FMCSA, SAFER, Query Central – No ID or password required – Search by carrier name, USDOT # or MC/MX number – Real time data –