Chapter
579
2006 -- S 2877 SUBSTITUTE A AS AMENDED
Enacted 07/14/06
A N A
C T
RELATING TO PUBLIC
UTILITIES AND CARRIERS
Introduced By: Senator
William A. Walaska
Date Introduced: March 01,
2006
It is enacted
by the General Assembly as follows:
SECTION
1. Section 39-14-18 of the General Laws in Chapter 39-14 entitled
"Taxicabs
and
Limited Public Motor Vehicles" is hereby amended to read as follows:
39-14-18.
Proof of financial responsibility. -- (a) The owner of every
taxicab or limited
public
motor vehicle shall, before operating or continuing to operate the a
taxicab or limited
public
motor vehicle on the public highways of this state, furnish to the division of motor
vehicles,
as the owner shall elect, either:
(1) A public utilities and carriers, a certificate of insurance
issued by an insurance
company
authorized to transact business in this state, showing that the owner has a
policy
insuring
him or her against liability for injury to persons and damage to property which
may be
caused
by the operation of the taxicab or limited public motor vehicle, such policy to
provide for
indemnity
in the sum of not less than twenty-five three hundred thousand
dollars ($25,000)
($300,000) in the case of one person injured and not less
than fifty thousand dollars ($50,000) in
the
case of injury to two (2) or more persons in any one accident, and indemnity of
not less than
ten
thousand dollars ($10,000) for damage to property; or combined single limit, or two hundred
fifty
thousand dollars ($250,000) per person, five hundred thousand dollars
($500,000) per
accident
bodily injury and one hundred thousand dollars ($100,000) property damage split
limit.
(2) A certificate of the general treasurer of this state that the owner has
filed in his or her
office,
a bond of a surety company authorized to transact business in this state,
payable to the
general
treasurer, in the penal sum of at least twenty-five thousand dollars ($25,000),
to
indemnify
any person who may be injured or whose property may be damaged as a result of
the
operation
of the taxicab or limited public motor vehicle, and of any other taxicab or
limited public
motor
vehicle belonging to the owner; or
(3) Evidence of the financial responsibility of the owner to answer, in an
amount not
exceeding
fifty thousand dollars ($50,000) over and above his or her fixed liabilities,
but
including
the fair value of all his or her real estate and tangible and intangible
personal property,
for
injuries to persons or damage to property which may thereafter result from the
operation of
the
taxicab or limited public motor vehicle, and of any other taxicab or limited
public motor
vehicle
belonging to the owner, as the division may deem adequate; provided, however,
that the
division
may, if satisfied after a hearing that the bond as given under subsection
(a)(2) or the
financial
responsibility as shown by the statement filed in subsection (a)(3) are
inadequate to
protect
the public order, require the owner to file a new or additional bond within the
limits
provided
in this section unless the owner satisfies the registry of his or her financial
responsibility
in an
amount up to fifty thousand dollars ($50,000) as provided in this section.
(b) The insurance and the bond shall be noncancelable by either party to the
contract,
except
after five (5) days notice to the division of motor vehicles, furnished by the
insurance
company
or the surety company. Any person aggrieved by any decision of the division
made
pursuant
to the provisions of this section may, within ten (10) days after the rendition
thereof,
appeal
to the sixth division of the district court for a review of the decision. The
court shall, as
soon
as may be, give a summary hearing upon the appeal and shall have jurisdiction
to affirm or
reverse
the decision, or make such order in the premises as to the court shall seem
just, and the
decision
shall be subject to appeal to the supreme court in the same manner as provided
for in
civil
actions. The court may make reasonable rules to insure a prompt hearing of the
appeals and
a
speedy disposition thereof. The appeals shall not, however, operate as a
suspension of any
decision
theretofore rendered by the division and all decisions shall continue in force
and be
operative
unless reversed by the court. A party aggrieved by a final order of the court
may seek
review
thereof in the supreme court by writ of certiorari in accordance with the
procedures
contained
in section 42-35-16.
SECTION
2. Sections 39-13-7 and 39-13-8 of the General Laws in Chapter 39-13
entitled
"Motor Passenger Carriers" are hereby repealed.
39-13-7.
Posting of bond to pay damages from jitney operation. --
Whenever any
person,
association, or corporation has obtained and filed with the division of motor
vehicles a
certificate
of public convenience and necessity issued by the division for the operation of
a jitney,
the
person, association, or corporation, before operating a jitney, shall deposit
with the general
treasurer
of the state a bond running to the general treasurer and in form and substance
approved
by
the division of motor vehicles, with such surety, if any, as the division may
require,
conditioned
to pay any final judgment obtained against the principal named in the bond for
any
injury
to person or property or damage for causing the death of any person, which
injury, death,
or
damage may result from or have been caused by the use or operation of the
jitney by the owner
thereof
or his or her or its agents, employees, or drivers. Any person so injured or
damaged or his
or
her executor or administrator, or the executor or administrator of any person
whose death was
so
caused, may enforce payment of a judgment by suit on the bond in the name of
the general
treasurer.
39-13-8.
Amount of bond. -- The amount of the bond shall be determined
upon the basis
of
five hundred dollars ($500) for each passenger which each jitney described in
the bond is
authorized
to carry by the certificate of public convenience and necessity permitting the
operation
of
the jitney; provided, however, that the maximum amount of the bond need not
exceed twenty
thousand
dollars ($20,000).
SECTION
3. Section 39-13-9 of the General Laws in Chapter 39-13 entitled "Motor
Passenger
Carriers" is hereby amended to read as follows:
39-13-9.
Proof of financial responsibility in lieu of bond. -- Proof of financial
responsibility.
-- The provisions of sections
39-13-7 and 39-13-8 shall not apply to any person,
association,
or corporation furnishing evidence to the division of motor vehicles of his or
her or
its
financial responsibility to answer in an amount not exceeding one hundred
thousand dollars
($100,000)
over and above his or her or its fixed liabilities, but including the fair
value of all his
or
her or its real estate and tangible and intangible personal property, for
injuries to persons or
damage
to property, or for causing the death of any person, which injury, death, or
damage may
result
from or have been caused by the use or operation of a jitney by the owner
thereof or his or
her
or its agents or employees. The
owner of every jitney shall, before operating or continuing to
operate
a jitney on the public highways of this state, furnish to the division of
public utilities and
carriers
a certificate of insurance issued by an insurance company authorized to
transact business
in this
state, showing that the owner has a policy that insures against liability for
injury to
persons
and damage to property which may be caused by the operation of the jitney, such
policy
to
provide for indemnity in the sum of not less than three hundred thousand
dollars ($300,000)
combined
single limit or its equivalent split level.
SECTION
4. This act shall take effect upon passage.
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LC02611/SUB A
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