28-4033

28-4033. Financial responsibility
requirements

A. A person subject to the requirements of this article shall maintain motor
vehicle combined single limit liability insurance as follows:

1. For the transportation of nonhazardous property:

(a) For a vehicle with a gross vehicle weight of more than twenty-six thousand
pounds, minimum coverage in the amount of seven hundred fifty thousand dollars.

(b) For a vehicle with a gross vehicle weight of twenty thousand one pounds to
twenty-six thousand pounds, minimum coverage in the amount of three hundred thousand
dollars.

2. For the transportation of passengers:

(a) In a vehicle with a seating capacity of sixteen passengers or more, minimum
coverage in the amount of five million dollars and uninsured motorist coverage in the
amount of at least three hundred thousand dollars.

(b) In a vehicle with a seating capacity of less than sixteen passengers including
the driver, but more than eight passengers including the driver, minimum coverage in the
amount of seven hundred fifty thousand dollars and uninsured motorist coverage in the
amount of at least three hundred thousand dollars.

(c) In a vehicle with a seating capacity of not more than eight passengers
including the driver, a policy containing minimum coverage in the amount of three hundred
thousand dollars and uninsured motorist coverage in the amount of at least three hundred
thousand dollars issued by an insurer that holds a valid certificate of authority or that
is permitted to transact surplus lines insurance in this state.

3. For the transportation of hazardous materials, hazardous substances or hazardous
wastes:

(a) Minimum coverage in the amount of five million dollars for the transportation
of:

(i) Hazardous substances, as defined in 49 Code of Federal Regulations part 171,
transported in a cargo tank, portable tank or hopper-type vehicle with capacities in
excess of three thousand five hundred water gallons.

(ii) Any quantity of class A or B explosives.

(iii) Any quantity of poison gas (poison A).

(iv) Liquefied compressed gas or compressed gas transported in a cargo tank,
portable tank or hopper-type vehicle with capacities in excess of three thousand five
hundred water gallons.

(v) The quantity of radioactive materials that requires specialized handling and
transportation controls as indicated in 49 Code of Federal Regulations part 173.

(b) Minimum coverage in the amount of one million dollars for the transportation of
the following:

(i) Any quantity of oil listed in 49 Code of Federal Regulations part 172.

(ii) Any quantity of hazardous wastes, hazardous materials or hazardous substances
as defined and listed in 49 Code of Federal Regulations part 171 and in 49 Code of
Federal Regulations part 172 but not included in subdivision (a) of this paragraph.

B. If a motor vehicle is leased or rented, the lessor shall ensure that the lessee
is covered under the lessor's liability insurance as provided by this section or the
lessor shall require that the lessee meet the financial responsibility requirements of
this section. In the case of taxis, livery vehicles or limousines, a person who is listed
on the department's records as the owner shall comply with the financial responsibility
requirements of this article and article 4 of this chapter.

C. If a lessee uses the motor vehicle for a purpose that is required under this
section to have a higher amount of financial responsibility than was required of the
lessor or renter, the lessee shall maintain the higher financial responsibility
requirements of this section.

D. The uninsured motorist coverage required by this section is not required until
June 1, 1987 and may be provided by a self-insurance program authorized under section
28-4007. A person who is under contract with this state or a political subdivision of
this state, who operates a motor vehicle owned by this state or a political subdivision
of this state and who is included in the self-insurance program of this state or a
political subdivision of this state is exempt from the uninsured motorist requirements of
this section.