SB-1322, As Passed Senate, November 29, 2012
SENATE BILL No. 1322
September 25,
2012, Introduced by Senator HUNE and referred to the Committee on Insurance.
A
bill to amend 1982 PA 432, entitled
"Motor
bus transportation act,"
by
amending section 9 (MCL 474.109), as amended by 1996 PA 432.
THE
PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9. (1) In determining the fitness, willingness, and
ability
of an applicant for a certificate of authority to provide
transportation
service, the department shall consider all of the
following
before the issuance of issuing
the original certificate
of
authority:
(a)
The applicant's safety record.
(b)
The character and condition of each motor bus is such that
and
whether it may be operated safely upon the public highways
based
on an inspection conducted by the department required
pursuant
to under section 16.
(c)
The applicant's financial ability to provide continuous
insurance
coverage as required by subsection (2) or (3) and to have
adequate
financial resources in order to pay for damage claims
against
the applicant.
(2)
An applicant shall acquire the following liability
insurance
coverage of liability for acts or omissions of the
applicant
as a motor carrier of passengers:
(a)
Bodily injury and property damage liability insurance with
a
minimum combined single limit of $5,000,000.00 for all persons
injured
or for property damage.
(b)
Personal protection insurance and property protection
insurance
as required by sections 3101 to 3179 chapter 31 of the
insurance
code of 1956, Act No. 218 of the Public Acts of 1956,
being
sections 500.3101 to 500.3179 of the Michigan Compiled Laws
1956
PA 218, MCL 500.3101 to 500.3119. A
motor common carrier of
passengers
shall maintain the insurance described in this
subsection
as a condition of maintaining a certificate of authority
issued
under this act.
(3)
The insurance requirements of subsection (2) are waived if
the
applicant qualifies for and obtains a certificate of self-
insurance
from the secretary of state commissioner
of the office of
financial
and insurance regulation under section 531
3101d of the
Michigan
vehicle code, Act No. 300 of the Public Acts of 1949,
being
section 257.531 of the Michigan Compiled Laws insurance code
of
1956, 1956 PA 218, MCL 500.3101d.