§ 32.11. Passenger carrier insurance.
(a) A common carrier or contract carrier of passengers may not engage in intrastate commerce and a certificate or permit will not be issued, or remain in force, except as provided in § 32.15 (relating to applications to self-insure) until there has been filed with and approved by the Commission a certificate of insurance by an insurer authorized to do business in this Commonwealth, to provide for the payment of valid accident claims against the insured for bodily injury to or the death of a person, or the loss of or damage to property of others resulting from the operation, maintenance or use of a motor vehicle in the insured authorized service.
(b) The liability insurance maintained by a common or contract carrier of passengers on each motor vehicle capable of transporting fewer than 16 passengers shall be in an amount not less than $35,000 to cover liability for bodily injury, death or property damage incurred in an accident arising from authorized service. The $35,000 minimum coverage is split coverage in the amounts of $15,000 bodily injury per person, $30,000 bodily injury per accident and $5,000 property damage per accident. This coverage shall include first party medical benefits in the amount of $25,000 and first party wage loss benefits in the amount of $10,000 for passengers and pedestrians. Except as to the required amount of coverage, these benefits shall conform to 75 Pa.C.S. § § 1701—1799.7 (relating to Motor Vehicle Financial Responsibility Law). First party coverage of the driver of certificated vehicles shall meet the requirements of 75 Pa.C.S. § 1711 (relating to required benefits).
(c) The liability insurance maintained by a common or contract carrier of passengers on each motor vehicle capable of transporting 16 to 28 passengers shall be in an amount not less than $1 million to cover liability for bodily injury, death or property damage incurred in an accident arising from authorized service. Except as to the required amount of liability coverage, this coverage shall meet the requirements of 75 Pa.C.S. § § 1701—1799.7.
(d) The liability insurance maintained by a common or contract carrier of passengers on each motor vehicle capable of transporting more than 28 passengers shall be in an amount not less than $5 million to cover liability for bodily injury, death or property damage incurred in an accident arising from authorized service. Except as to the required amount of liability coverage, this coverage shall meet the requirements of 75 Pa.C.S. § § 1701—1799.7.
(e) The limits in subsections (b)—(d) do not include the insurance of cargo.
Authority The provisions of this § 32.11 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 512 and 1103(d); amended under the Public Utility Code, 66 Pa.C.S. § § 501 and 512; and section 612 of The Administrative Code of 1929 (71 P. S. § 232).
Source The provisions of this § 32.11 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3217; corrected November 20, 1987, effective August 1, 1987, 17 Pa.B. 4726; amended January 20, 1989, effective January 21, 1989, 19 Pa.B. 240; amended July 7, 2000, effective July 8, 2000, 30 Pa.B. 3439. Immediately preceding text appears at serial pages (220189) to (220190).
Notes of Decisions Extent of Coverage
Taxi passenger who was injured in accident with hit-and-run driver was covered under taxicab owner’s automobile policy even though taxicab was not listed as schedule vehicle; Pennsylvania statute and regulations require coverage on each and every vehicle used by a motor carrier in its authorized service, and vehicle lists utilized by insurer cannot be used to defeat coverage for all vehicles used by carrier. Love-Digg v. Tirath, 911, 541—542 (Pa. Super. 2006).
This regulation does not impose on the coach company’s insurance carrier a requirement of maintaining coverage for every vehicle driven by that company. That duty is on the common or contract carrier of passengers. Lebanon Coach Co. v. Carolina Casualty Insurance Co., 675 A.2d 279 (Pa. Super. 1996), appeal denied 687 A.2d 378 (Pa. 1997).
Ownership
This regulation does not require a bus operator under contract to provide insurance coverage for a bus that it does not own and did not register. Only the vehicle’s owner or registrant is responsible for maintaining financial responsibility. Therefore, although the bus involved in the child’s accident was operated by a coach company, financial responsibility for the child’s injuries rested with the county which owned the bus. Lebanon Coach Co. v. Carolina Casualty Insurance Co., 675 A.2d 279 (Pa. Super. 1996).
Cross References This section cited in 52 Pa. Code § 29.101 (relating to operation of leased equipment); 52 Pa. Code § 29.315 (relating to alternative forms of compensation); 52 Pa. Code § 41.21 (relating to insurance coverage for common or contract carriers of less than 16 passengers—statement of policy).
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