S-4110               _______________________________________________

                                                   SENATE BILL NO. 4999

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Bender and Peterson

Read first time 1/24/86 and referred to Committee on Transportation.

AN ACT Relating to liability and property damage insurance for motor freight carriers; and amending RCW 81.80.190.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 81.80.190, chapter 14, Laws of 1961 and RCW 81.80.190 are each amended to read as follows:

          The commission shall in regard to private carriers and in the granting of permits to (("))common carriers((")) and (("))contract carriers((")) under this chapter require such carriers to either procure and file liability and property damage insurance from a company licensed to write such insurance in the state of Washington, or deposit such security, for such limits of liability and upon such terms and conditions as the commission shall determine to be necessary for the reasonable protection of the public against damage and injury for which such carrier may be liable by reason of the operation of any motor vehicle.

          In fixing the amount of ((said)) the insurance policy or policies, or deposit of security, the commission shall give due consideration to the character and amount of traffic and the number of persons affected and the degree of danger which the proposed operation involves.  The commission may not fix the amount of any insurance policy or deposit of security for a private carrier at a rate less than fixed for a common carrier or contract carrier under similar circumstances.

The commission shall require any private carrier to meet the same requirements of any common carrier or contract carrier to include, but not exclusively, motor freight carriers filing with the commission the nature and payment of any general and, where necessary, hazardous material liability and property insurance policy or deposit of security before being authorized to operate as a motor freight carrier, and notification of the commission, by the insurer and the motor freight carrier, of any cancellation or renewal after cancellation of the policy or deposit of security.