§ 32.15. Applications to self-insure.
(a) A common or contract carrier by motor vehicle may file an application with the Commission to act as self-insurer of all or part of its bodily injury, property damage or cargo damage claims. In support of its application, the applicant shall submit a true and accurate statement of its financial condition which establishes its capability to satisfy its insurance obligations as they become due, a self-insurance plan which includes adequate security to protect the public and a description of its safety program including its past accident record. An interstate carrier shall submit the approval of the Interstate Commerce Commission of its proposed self-insurance plan with its application. A self-insurance applicant shall agree in the application to grant the Commission authority to rescind approval of self-insurer status, without hearing, if the Commission determines that the public interest demands it.
(b) In reviewing self-insurance applications the Commission will examine the following factors in determining whether approval will be granted:
(1) The net worth of the motor carrier in relationship to the size of its operation and the nature and extent of its request for self-insurer status. The evidence shall demonstrate the carrier’s financial capability to adjust and pay insurance obligations as they become due before approval will be granted.
(2) The organization of the carrier’s proposed self-insurance program including the adequacy of security to protect the public. Security may be in the form, but is not limited to, one or more of the following:
(i) Reserves.
(ii) Sinking funds.
(iii) Third party financial guarantees.
(iv) Parent company or affiliate sureties.
(v) Excess insurance coverage.
(vi) Other similar arrangements.
(3) The effectiveness of the motor carrier’s safety program. The Commission will look closely at the average number and average cost of accident losses over the past 3 years in determining whether self-insurance is feasible.
(c) Commission approval of a self-insurance application may be made conditional on revisions in the applicant’s proposed self-insurance plan or safety program as well as requirements of periodic financial filings with the Commission.
(d) Commission approval of self-insurance status is subject to the issuance of a self-insurance certificate to the motor carrier by the Department of Transportation as required by 67 Pa. Code § 223.5 (relating to certificate) for vehicles registered in this Commonwealth.
Authority The provisions of this § 32.15 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 512 and 1103(d).
Source The provisions of this § 32.15 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3217; corrected November 20, 1987, effective August 1, 1987, 17 Pa.B. 4726. Immediately preceding text appears at serial pages (120474) to (120475).
Cross References This section cited in 52 Pa. Code § 32.11 (relating to passenger carrier insurance); and 52 Pa. Code § 32.12 (relating to property carrier and household goods in use carrier insurance).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
