SECTIONS 5161-5165 - California Statutes

PUBLIC UTILITIES CODE

SECTION 5161-5165

5161. (a) The commission, in granting permits pursuant to this
chapter, shall require the household goods carrier to procure, and
continue in effect during the life of the permit, adequate protection
against liability imposed by law upon carriers for the payment of
damages for personal bodily injuries, including death resulting
therefrom, and property damage in the following amounts:
(1) Not less than two hundred fifty thousand dollars ($250,000) on
account of bodily injuries to or death of one person.
(2) Not less than five hundred thousand dollars ($500,000) on
account of bodily injuries to or death of more than one person as a
result of any one accident. The recovery of each person is subject
to the limitation contained in subdivision (a).
(3) Not less than one hundred thousand dollars ($100,000) for one
accident resulting in damage to or destruction of property, other
than property being transported by the carrier for any shipper or
consignee, whether it is the property of one or more than one
claimant.
(4) Not less than six hundred thousand dollars ($600,000) on
account of bodily injuries to, or death of, one or more persons and
damage to or destruction of property, other than property being
transported by the carrier for any shipper or consignee, whether it
is the property of one or more than one claimant, in any one
accident.
(b) The commission may increase the minimum level of public
liability and property damage protection required by this section if
necessary to provide adequate protection.
(c) The commission shall require all household goods carriers to
procure and continue in effect during the life of the permit cargo
insurance in the amount of twenty thousand dollars ($20,000).
However, upon a showing before the commission by a household goods
carrier that a lesser amount of cargo insurance adequately protects
the public, and a finding by the commission to that effect, the
commission may authorize the carrier to procure and continue in
effect during the life of the permit the lesser amount of insurance.

5162. The protection required under this article shall be evidenced
by the deposit of any of the following with the commission covering
each vehicle used or to be used under the permit applied for:
(a) A policy of insurance, issued by a company licensed to write
such insurance in this state, or by nonadmitted insurers subject to
Section 1763 of the Insurance Code, if the policies meet the rules
promulgated therefor by the commission.
(b) A bond of a surety company licensed to write surety bonds in
the state.
(c) Such evidence of the qualification of the household goods
carrier as a self-insurer as may be authorized by the commission.

5163. With the consent of the commission a copy of an insurance
policy, certified by the company issuing it to be a true copy of the
original policy, or a photostatic copy thereof, or an abstract of the
provisions of the policy, or a certificate of insurance issued by
the company issuing the policy, may be filed with the commission in
lieu of the original or a duplicate or counterpart of the policy.

5164. The protection against liability shall be continued in effect
during the active life of the permit. The policy of insurance or
surety bond shall not be cancelable on less than 30 days' written
notice to the commission.

5165. The commission may establish such rules as are necessary to
enforce this article.