§ 61B-11 Comply with Laws – Insurance Coverage.
RCNY § 61
(a)Joint Responsibility. The Commuter-Van Service owner must ensure that no Commuter-Van will be used in the Commuter-Van Service unless such vehicle is in compliance with the insurance requirements set forth in this 35 RCNY § 61B-11. 35 RCNY § 61B-11(a)Fine: $300 and/or revocation of Commuter-Van licenseIf each one of a group of at least 30% of the Vehicles affiliated with a Commuter-Van Service fails to maintain liability insurance three times within a 12 month period, the Service's Authorization will be revokedAppearance REQUIRED (b) Surety Bond or Policy of Insurance. No Commuter-Van Vehicle can be used in the operation of a Commuter-Van Service unless it is covered by a surety bond or a policy of insurance approved as to form by the Commission and issued by a solvent and responsible company authorized to do business in this State by the Superintendent of Insurance. Each Owner of a Commuter Van must maintain the following coverage: (1) General Coverage for Commuter Vans with Seating Capacity of Less than Eight. For the purposes of insurance or other financial security, each Owner of a Commuter Van with a seating capacity of less than eight passengers (not including the Driver) must maintain coverage for each Vehicle owned in amounts not less than the following: (i) $50,000 per person, payable for those expenses specified in paragraphs 1, 2 and 3 of subdivision a of section 5102 of the New York State Insurance Law; (ii) $100,000 minimum liability and $300,000 maximum liability for bodily injury and death, as those terms are described and defined in section 370(1) of the Vehicle and Traffic Law; (iii) $50,000 minimum liability for injury to or destruction of property.
(2)General Coverage for Commuter Vans with Seating Capacity of Eight or More. For the purposes of insurance or other financial security, each Owner of a Commuter Van with a seating capacity of eight or more passengers (not including the Driver) must maintain coverage for each Vehicle owned in amounts not less than the following: (i) $50,000 per person, payable for those expenses specified in paragraphs 1, 2 and 3 of subdivision a of section 5102 of the New York State Insurance Law; (ii) $500,000 minimum liability for bodily injury and death, as those terms are described and defined in section 370(1) of the Vehicle and Traffic Law; (iii) $50,000 minimum liability for injury to or destruction of property. 35 RCNY § 61B-11(b)Fine: $300 and suspension until complianceMultiple violations: See Mandatory Penalties (35 RCNY § 61B-02(d))Appearance REQUIRED (c) Remain in Effect Until Terminated. Surety bonds and certificates of insurance must specify that coverage will remain in effect continuously until terminated as provided in this Subchapter.
(d)Conditions for Replacement of Bonds or Insurance. Surety bonds or certificates of insurance may be replaced, and the liability of the retiring surety or insurer will be considered terminated as of the effective date of its replacement, provided that the replacement surety bond or certificate of insurance meets all of the following conditions: (1) The new surety bond or certificate of insurance is acceptable to the Commission.
(3)The effective date must coincide with the effective date specified in the letter of authorization, and that date may not be more than 30 days before the date the Commission receives the letter of authorization and replacement certificate.
(e)Provision for Continuing Liability. Every surety bond or certificate of insurance must contain a provision for a continuing liability even after a claim has been successfully filed and recovered against the bond or insurance.
(f)Notice of Cancellation to the Commission.
(1)Every surety bond or certificate of insurance must include a provision that cancellation will not be effective until at least 30 days after the Commission has been properly notified in writing of the party's intention to cancel.
(g)Forms. Certificates of insurance and other forms necessary for filing can be obtained from the Commission.
(h)Contract is Required. No surety bond or certificate of insurance can be filed with the Commission unless a direct contractual relationship exists between the Authorized Commuter-Van Service (or the Commuter-Van Vehicle Licensee) and the insurance or bonding company making the filing.
(i)Commission's Right to Refuse. The Commission can at any time refuse to accept any surety bond or certificate of insurance if in the judgment of the Commission it does not provide adequate protection for the public. (Amended City Record 5/10/2023, eff. 6/9/2023)
