75-307.

Insurance and bond requirements; subrogation; applicability of section; effect on certificate, permit, or license.

(1)(a) The following motor carriers and regulated motor carriers shall comply with the rules and regulations described in subdivision (b) of this subsection:

(i) Common and contract carriers;

(ii) Any motor carrier transporting household goods under a license issued pursuant to section 75-304.03;

(iii) Any motor carrier transporting employees of a railroad carrier under a license issued pursuant to section 75-304.04; and

(iv) Any motor carrier holding a license that was issued pursuant to section 75-311 to engage in intrastate medicaid nonemergency medical transportation services.

(b) The commission may adopt and promulgate rules and regulations governing the filing with the commission, the approval of the filings, and the maintenance of proof at such carrier's principal place of business of surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in such reasonable amount as required by the commission, conditioned to pay, within the amount of such surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, any final judgment recovered against such motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor vehicles under such certificate, permit, or license or for loss or damage to property of others.

(c)(i) Any certificate, permit, or license shall not be issued to any of the following that does not comply with this section or the rules and regulations adopted and promulgated pursuant to this section:

(A) Any common or contract carrier;

(B) Any motor carrier transporting household goods under section 75-304.03;

(C) Any motor carrier transporting employees of a railroad carrier under section 75-304.04; or

(D) Any motor carrier engaging in intrastate medicaid nonemergency medical transportation services pursuant to section 75-311.

(ii) Any certificate, permit, or license described in this subdivision (c) that has been issued shall not remain in force unless the carrier complies with this section and the rules and regulations adopted and promulgated pursuant to this section.

(2)(a) The following motor carriers shall comply with the rules and regulations described in subdivision (b) of this subsection:

(i) Any certificated carrier;

(ii) Any motor carrier transporting household goods under a license issued pursuant to section 75-304.03;

(iii) Any motor carrier transporting employees of a railroad carrier under a license issued pursuant to section 75-304.04; and

(iv) Any motor carrier holding a license that was issued pursuant to section 75-311 to engage in intrastate medicaid nonemergency medical transportation services.

(b) The commission may adopt and promulgate rules and regulations that require the motor carriers described in subdivision (a) of this subsection to file a surety bond, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in a sum to be determined by the commission, to be conditioned upon such carrier making compensation to shippers or consignees for all property belonging to shippers or consignees and coming into the possession of such carrier in connection with its transportation service.

(c) Any motor carrier that is required by law to compensate a shipper or consignee for any loss, damage, or default for which a connecting motor common carrier is legally responsible shall be subrogated to the rights of such shipper or consignee under any such bond, policies of insurance, or other securities or agreements to the extent of the sum so paid.

(3) In carrying out this section, the commission may classify motor carriers and regulated motor carriers taking into consideration the hazards of the operations of such carriers and the value of the household goods carried. Nothing contained in this section shall be construed to authorize the commission to compel motor carriers other than those transporting household goods under section 75-309 or under a license issued pursuant to section 75-304.03 to carry cargo insurance.

(4) This section does not apply to transportation network companies.