Current through Register Vol. 63, No. 9, September 1, 2024
(1) All
applicants for self-insurance certificates pursuant to ORS
806.130 must apply by means of
the "Application for Self-Insurance Certificate," Form Number
735-6798.
(2) DMV will issue a
non-expiring self-insurance certificate to any applicant who:
(a) Certifies they are a local public body,
as defined in ORS 30.260, which establishes a
self-insurance program under ORS
30.282 for or on account of the
operation of motor vehicles within the local public body's control;
(b) Certifies they are a public body, as
defined in ORS 30.260, which insures the
operation of motor vehicles within the public body's control under the
provisions of ORS Chapter 278 or by contract with the Department of
Administrative Services under ORS
30.282(4).
(c) Certifies that they are a federal agency
of the United States; or
(d)
Provides a certified copy of the Federal Motor Carrier Safety Administration
written decision, order or letter authorizing the applicant's self-insured
status.
(3) DMV will
issue a self-insurance certificate that is valid for one year from the date of
issuance to a qualified applicant who provides:
(a) An annual financial report issued within
the last 12 months that shows to the satisfaction of the Department that the
applicant has retained earnings in an amount as set forth in section (4) of
this rule. The financial report must be an audited or reviewed report and
contain statements and footnotes as required by generally accepted accounting
principles, be signed by a licensed public accountant or a certified public
accountant.
(b) A list of each
vehicle that will be covered by the self-insurance certificate, including type
of vehicle, plate number or vehicle identification number (VIN).
(c) A three-year motor vehicle accident
history statement including the total number of motor vehicle accidents,
accident claims against the applicant, claims satisfied, and judgments
settled.
(d) A certification that
the applicant:
(A) Has no unsettled judgments
of the type described in ORS
806.040. For purposes of this
subsection, a judgment is settled as described in ORS
809.470;
(B) Has more than 25 motor vehicles
registered in the applicant's name; and
(C) Agrees to pay the same amounts with
respect to an accident occurring while the self-insurance certificate is valid
that an insurer would be obligated to pay under a motor vehicle liability
policy, including uninsured motorist coverage and liability coverage to at
least the limits specified in ORS
806.070.
(4) In order to satisfy the
department that the applicant for self-insurance is qualified, the financial
report required by section (3)(a) of this rule must show retained earnings
available to pay and discharge judgments described under ORS
806.040 equal to or above the
limits required by this based on type and number of vehicles. A fleet of mixed
vehicle types must use the figures for the predominant vehicle type. The
department may require a higher retained earnings amount than is listed in this
rule, as determined by the department, if from the applicant's motor vehicle
accident statement the department has reason to believe the applicant's
accident rate is too high. The requirements are as follows:
(a) Private Passenger, Non-Rental Fleets:
Fleet Size - Retained Earnings:
(A) 26-100
vehicles - $100,000.
(B) 101-250
vehicles - $190,000.
(C) 251-500
vehicles - $295,000.
(D) 501-750
vehicles - $440,000.
(E) 751-1000
vehicles - $575,000.
(F) 1001-1300
vehicles - $770,000.
(G) 1301-1600
vehicles - $850,000.
(H) 1601-2500
vehicles - $1,150,000.
(I)
2501-5000 vehicles - $1,950,000.
(J) 5001-7500 vehicles -
$3,100,000.
(b) Private
Passenger, Rental Fleets: Fleet Size - Retained Earnings:
(A) 26-100 vehicles - $100,000.
(B) 101-250 vehicles - $100,000.
(C) 251-500 vehicles - $100,000.
(D) 501-750 vehicles - $160,000.
(E) 751-1000 vehicles - $210,000.
(F) 1001-1300 vehicles - $280,000.
(G) 1301-1600 vehicles - $310,000.
(H) 1601-2500 vehicles - $420,000.
(I) 2501-5000 vehicles - $710,000.
(J) 5001-7500 vehicles -
$1,120,000.
(K) 7501-10,000
vehicles - $1,520,000.
(L)
10,001-15,000 vehicles - $2,120,000.
(M) 15,001-20,000 vehicles -
$2,900,000.
(N) 20,001-25,000
vehicles - $3,675,000.
(O)
25,001-30,000 vehicles - $4,425,000.
(P) 30,001-35,000 vehicles -
$5,200,000.
(c) Trucks,
Tractors and Trailers: Fleet Size - Retained Earnings:
(A) 26-100 vehicles - $100,000.
(B) 101-250 vehicles - $190,000.
(C) 251-500 vehicles - $300,000.
(D) 501-750 vehicles - $445,000.
(E) 751-1000 vehicles - $580,000.
(F) 1001-1300 vehicles - $775,000.
(G) 1301-1600 vehicles - $900,000.
(H) 1601-2500 vehicles -
$1,150,000.
(I) 2501-5000 vehicles
- $2,000,000.
(J) 5001-7500
vehicles - $3,100,000.
(d) Van Pools and Towing: Fleet Size -
Retained Earnings:
(A) 26-100 vehicles -
$125,000.
(B) 101-250 vehicles -
$250,000.
(C) 251-500 vehicles -
$380,000.
(D) 501-750 vehicles -
$570,000.
(E) 751-1000 vehicles -
$750,000.
(F) 1001-1300 vehicles -
$1,010,000.
(G) 1301-1600 vehicles
- $1,150,000.
(H) 1601-2500
vehicles - $1,550,000.
(I)
2501-5000 vehicles - $2,650,000.
(J) 5001-7500 vehicles -
$4,200,000.
(e) Taxis
and Limousines; Fleet Size - Retained Earnings:
(A) 26-100 vehicles - $400,000.
(B) 101-250 vehicles - $800,000.
(C) 251-500 vehicles - $1,240,000.
(D) 501-750 vehicles - $1,920,000.
(E) 751-1000 vehicles - $2,260,000.
(F) 1001-1300 vehicles -
$2,590,000.
(G) 1301-1600 vehicles
- $3,550,000.
(H) 1601-2500
vehicles - $4,100,000.
(I)
2501-5000 vehicles - $9,850,000.
(J) 5001-7500 vehicles -
$15,950,000.
(5) To be reissued a one-year self insurance
certificate that continues the certification without interruption, the holder
of a current certificate must provide the documents and certifications
described in section (3) of this rule at least 30 days prior to expiration of
the current certificate.
(6) DMV
may cancel a self-insurance certificate if any of the following circumstances
occur:
(a) DMV has a reasonable basis to
believe that any of the information contained in the application or supporting
documents submitted by an applicant is false;
(b) DMV learns that the self-insurance
certificate holder has failed to settle any judgment described under ORS
806.040 within 60 days after it
has become final. For purposes of this subsection, a judgment is settled as
described under ORS 809.470; or
(c) Authorization for self-insurance has been
revoked by the Federal Motor Carrier Safety Administration.
