The Ohio OS-32 form is an endorsement to a liability insurance policy for vehicles operating with a Special Hauling Permit issued by the Ohio Department of Transportation. This form ensures the insured complies with state requirements, covering any damages or liabilities arising from the transportation of oversized or overweight loads. It amends the existing insurance policy to satisfy the contractual agreement between the insured and the State of Ohio, specifying both the insurance coverage and the permittee's responsibilities during the movement of such loads.
In the world of commercial transportation within Ohio, navigating the complexities of legal compliance is a challenge that drivers and companies must diligently address. Among the myriad forms and documents required, the Ohio OS 32 form serves as a critical piece, functioning as an endorsement to a liability insurance policy specifically for vehicles operating under a Special Hauling Permit issued by the Ohio Department of Transportation. This detailed document outlines the requirements set forth for both the insured (or applicant) and the insurer, including detailed information such as the insured’s contact information, policy number, and the insurance company’s name. It amends an existing policy to provide either primary or excess insurance - disclosing the specific limits of liability in the event of each accident and ensuring the insured meets the state's financial responsibility requirements. Moreover, the form underscores the importance of maintaining effective communication between the insured and the Ohio Department of Transportation, mandating the provision of policy information upon request and stipulating protocols for policy cancellation. A unique aspect of the OS 32 form is its explicit linkage between the insurance coverage and the permittee’s contractual agreements with the state, underscoring the permittee’s liability for any roadway damage or related legal liabilities resulting from their haulage activities. With stipulations that include the requirement for the insurance company to cover damages to state roadways and indemnify the state against losses, the form embodies a comprehensive approach to risk management in special hauling operations. Additionally, it highlights the minimum level of liability insurance required by state law, ensuring that all parties are adequately protected. This interconnected framework of requirements signifies the state’s commitment to safety, financial responsibility, and legal accountability in the specialized field of transportation.
OS-32
STATE OF OHIO – DEPARTMENT OF TRANSPORTATION
10/08
ENDORSEMENT TO LIABILITY INSURANCE POLICY FOR VEHICLES
OPERATING WITH A SPECIAL HAULING PERMIT ISSUED BY
THE OHIO DEPARTMENT OF TRANSPORTATION
Issued to (Insured/Applicant) ___________________________________________________________________________________________
of (Mailing address) __________________________________________________________________________________________________
Insureds Telephone Number ____________________________ Amending Policy Number ___________________________________
Effective From (Date) ______________________________ Until 12:01A.M. ________________________________________________
Name of Insurance Company (Insurer) _______________________________________________________________________________
COUNTERSIGNED BY ____________________________________________________________________________________________
(Insurance Company Representative Authorized to Issue Policy Amendments)
The policy to which this endorsement is attached provides primary or excess insurance, as indicated by X, for the limits shown:
The insurance is primary and the company shall not be liable for amounts in excess of $ ___________________________ for each accident.
The insurance is excess and the company shall not be liable for amounts in excess of $ _____________________________ for each accident
in excess of the underlying limit of $ ______________________________ for each accident.
Whenever required by the Ohio Department of Transportation (Department), the insurer (company) agrees to furnish the Department a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the Department, to verify that the policy is in force as of a particular date. The telephone number to call is __________________________________________.
Cancellation of this endorsement may be accomplished by the company or the insured by giving (1) 35 days notice in writing to the other party, and (2) by providing 30 days notice to the Department (said 30 days notice to commence from the date it is received by the Department at the Permit Office, 1980 West Broad Street, Mail Stop 5140, Columbus, OH 43223).
The insurance policy to which this endorsement is attached provides (automobile) liability insurance and is amended to assure compliance by the insured, within the limits stated herein, with the contractual agreement between the insured and the State of Ohio which results from the issuance of a Special Hauling Permit to the insured by the Ohio Department of Transportation. This contractual agreement includes the following provision:
Permittee will be held liable for any damage caused by the movement. The State assumes no responsibility for damage to the permittees equipment or load being moved due to any such failure.
The permittee agrees to compensate the State of Ohio for any damage to a roadway or road structure and also to indemnify, save harmless and defend the State of Ohio and the Director of Transportation from and against all and any liabilities, losses, obligations, claims, damages, penalties, suits, actions, judgments, costs and expenses of whatsoever nature are incurred or brought against the State of Ohio or the Director of Transportation as the result of injury to or death of persons or damages to or loss of property caused by acts or omission to act by the Permittee, its agents, servants and employees in the performance of movements under this permit, except to the extent that the negligence of the State of Ohio or the Director of Transportation is proximate cause of the accident.
In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (company) agrees to pay to the State of Ohio, within the limits of liability described herein, any final judgment recovered against the insured for all damage to the roadway or road structures occurring during a movement authorized by the issuance of a Special Hauling Permit. The insurer (company) further agrees to be bound by the indemnification agreement included in the contractual agreement between the insured (permittee) and the State of Ohio. It is understood and agreed that no condition, provision, stipulation or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured. However, all terms, conditions and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company.
It is further understood that the limits of the companys liability for the amounts prescribed in this endorsement apply separately to each movement made under a Special Hauling Permit and any payment under this endorsement as the result of any one movement shall not operate to reduce the liability of the company for the payment of final judgments resulting from liability arising out of any other movement.
The minimum level of liability insurance is five hundred thousand dollars. This minimum liability level has been established by the Director of the Ohio Department of Transportation under Section 4513.34 of the Ohio Revised Code and amplified in Rule 5501:2-1-10 of the Ohio Administrative Code. It is the responsibility of the insured to obtain liability insurance in amounts equal to or exceeding these minimum amounts as evidence of financial responsibility.
File with:
REQUIRED BY LAW
Facsimile: (614)
728-4098
Ohio Department of Transportation
OHIO REVISED CODE 4513.34
Email: Hauling.Permits@dot.state.oh.us
Special Hauling Permit Section
OHIO ADMINISTRATIVE CODE 5501:2-1-10
1980 West Broad Street, Mail Stop 5140
DOT-1858
For Information Telephone:
Columbus, OH 43223
(614)
351-2300
The Ohio OS-32 form is an essential document for any entity looking to operate with a Special Hauling Permit issued by the Ohio Department of Transportation. This form serves as an endorsement to the liability insurance policy, ensuring compliance with state regulations regarding special hauling operations. It signifies an understanding and agreement between the insured and the State of Ohio concerning liability and insurance requirements for special hauling activities. Completing this form accurately is crucial for legal and operational purposes. Below are the detailed steps to fill out the Ohio OS-32 form correctly.
Completing the Ohio OS-32 form accurately is a critical step in securing the necessary legal endorsement for special hauling operations under a Special Hauling Permit issued by the Ohio Department of Transportation. It is important to review all entered information for accuracy and completeness before submission to ensure compliance with Ohio laws and regulations.
What is the Ohio OS-32 form?
The Ohio OS-32 form, also known as the Endorsement to Liability Insurance Policy for Vehicles Operating With a Special Hauling Permit, is a document issued by the Ohio Department of Transportation. This form serves as an amendment to an existing liability insurance policy, specifically for vehicles that are granted a Special Hauling Permit to operate within Ohio. It outlines the insurance coverage requirements and the responsibilities of both the insurer and the insured under the special conditions associated with these permits.
Who needs to file an Ohio OS-32 form?
Any carrier or operator who has been issued a Special Hauling Permit by the Ohio Department of Transportation and wishes to operate a vehicle under this permit within the state must file an OS-32 form. This is to ensure that the vehicle operating under the permit has adequate liability insurance coverage as required by Ohio laws.
What type of insurance information does the OS-32 form require?
The OS-32 form requires information about the liability insurance policy that amends the existing coverage for the vehicle(s) operating under a Special Hauling Permit. It includes the insurer's name, the policy number, effective dates of the endorsement, and whether the insurance provided is primary or excess, along with the specific limits of liability coverage for each accident.
What are the minimum liability insurance requirements according to the OS-32 form?
The minimum level of liability insurance required according to the OS-32 form is five hundred thousand dollars. This requirement has been established under Section 4513.34 of the Ohio Revised Code and further detailed in Rule 5501:2-1-10 of the Ohio Administrative Code.
How does one submit the Ohio OS-32 form?
The completed OS-32 form must be submitted to the Ohio Department of Transportation's Special Hauling Permit Section. It can be filed via facsimile, email, or postal mail to the contact information provided on the form itself. This submission is required by law and must be done to maintain compliance with the Special Hauling Permit's conditions.
Can the Ohio OS-32 form's insurance coverage be canceled?
Yes, cancellation of the insurance coverage outlined in the OS-32 form can be initiated by either the insurance company or the insured party. However, it requires giving a 35-day written notice to the other party and a 30-day notice to the Ohio Department of Transportation, beginning from the date the Department receives the notice.
Is the insurance coverage specified in the OS-32 form primary or excess?
The OS-32 form provides the option for the insurance coverage to be either primary or excess, as indicated by checking the appropriate box on the form. The specified limits of liability apply, depending on the chosen option, and the insurance company must adhere to these terms in case of an accident.
What happens if an insurance policy endorsed with an OS-32 form lapses or is otherwise not in force?
If an insurance policy endorsed with an OS-32 form is not in force at the time of an accident, the carrier or operator may face penalties for non-compliance with Ohio's insurance requirements for Special Hauling Permits. It is critical to maintain continuous and adequate insurance coverage as stated in the OS-32 endorsement to avoid legal and financial consequences.
How does the OS-32 form affect liability for damages during a special haul?
The OS-32 form ensures that the insured (permittee) is held liable for any damage caused during the movement permitted by the Special Hauling Permit. This includes compensating the State of Ohio for damages to roadways or structures, and indemnifying the state against liabilities arising from such movements, except where negligence on the part of the State of Ohio is the proximate cause of the damage.
Who verifies that the policy adheres to the requirements of the OS-32 form?
An authorized representative of the Ohio Department of Transportation may request verification that the policy adheres to the requirements of the OS-32 form. The insurance company is obligated to furnish the Department with a duplicate of the policy and all its endorsements upon request, and verify its enforceability as needed.
Failing to accurately provide the full legal name of the insured or applicant, which can lead to issues of policy enforcement and identification.
Incorrectly stating the mailing address, potentially resulting in missed communications or documentation from the Ohio Department of Transportation.
Entering an incorrect or outdated policy number, thus complicating the verification process or linking the endorsement to the wrong policy.
Omitting or inaccurately documenting the effective date range of the endorsement, which is crucial for determining the period insurance coverage is applied.
Misunderstanding the insurance coverage terms, such as incorrectly indicating whether the provided insurance is primary or excess, thereby affecting claim processing.
Neglecting to provide or incorrectly filling in the cancellation notice period details, which are essential for proper procedural termination of the endorsement.
Not specifying the correct liability limits in accordance with the minimum requirements or any particular conditions of the hauling permit, potentially leading to non-compliance with state regulations.
These common mistakes underscore the importance of thoroughly reviewing and accurately completing the OS-32 form. To ensure adherence to the Ohio Department of Transportation's requirements, attention to detail and a clear understanding of the form's specifications are essential. This will help in avoiding delays in permit processing and ensuring that the hauling operations are fully covered under the required insurance policy.
When handling the issuance or renewal of a Special Hauling Permit, as required by the Ohio OS-32 form, various other forms and documents are often needed to ensure compliance with Ohio laws and regulations. These documents support the application process, clarify the permit holder's responsibilities, and fulfill legal requirements:
In ensuring compliance and the safety of highway infrastructures, these documents play a pivotal role alongside the Ohio OS-32 form. Each document addresses different aspects of the hauling process, from insurance and vehicle details to route planning and local permissions. Together, they provide a comprehensive framework that supports safe and regulated transport of oversized and overweight loads across Ohio's roads.
The Ohio OS 32 form shares similarities with the MCS-90 Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980. Both documents require the insurance company to pay any final judgment against the insured for property damage or bodily injury to the public, regardless of the insurer’s other policy terms. This ensures compliance with federal or state requirements for minimum levels of financial responsibility for carriers.
Another document similar to the OS 32 form is the ACORD Certificate of Liability Insurance. It provides evidence of insurance coverages and limits at a specific moment in time. Although less detailed about specific endorsements and operational permissions, it similarly serves as a crucial document verifying an insured party's coverage to interested third parties, much like the OS 32 form does in the context of permits for special hauling.
The SR-22 form, often required to reinstate a suspended driver's license, also shares commonalities with the OS 32 form. While the SR-22 certifies continuous auto insurance coverage for individuals deemed high-risk drivers, the OS 32 form affirms a commercial entity's specific coverage related to special hauling operations. Both serve as a guarantee to the state that the policyholder meets mandated insurance requirements.
The BMC-34 or BMC-35 Endorsement for Motor Carriers forms are similar because they pertain to cargo insurance and ensure motor carriers maintain appropriate levels of insurance for the transportation of property. Like the OS 32 form, these endorsements are necessary for compliance with regulatory requirements, although they focus on cargo insurance rather than liability insurance for special hauling.
The Workers' Compensation Insurance policy and associated forms also bear resemblance to the OS 32 form in that they provide a means for businesses to demonstrate financial responsibility. Workers' Compensation forms verify coverage for employee injuries, while the OS 32 ensures proper liability coverage for special hauling by commercial vehicles, highlighting both forms' roles in protecting against financial liabilities.
The Fiduciary Liability Policy endorsements, used by trustees or employers who administer employee benefit plans, are similar in function to the OS 32 form in ensuring compliance and financial protection. While they cover different types of liabilities, both set of documents ensure that the insured entities are protected against specific risks and financial responsibilities identified in the agreements.
Commercial Property Insurance forms, while focusing on property rather than automobile liability, share the intention of the OS 32 form in protecting the insured’s financial interests. These documents detail the scope and limits of coverage for commercial property, analogous to how the OS 32 outlines liability coverage specifics for special hauling operations.
The Cyber Liability Insurance endorsements compare to the OS 32 by providing coverage terms specific to the risk being insured. While cyber policies cover data breaches or cyber-attacks, the OS 32 covers liabilities relating to special hauling permits. Both documents serve to amend standard policies to cover specific, additional risks.
The Professional Liability Insurance clauses, also known as Errors and Omissions Insurance, cater to professionals against negligence claims. Similar to the OS 32, these endorsements update a standard policy to reflect particular coverages that are necessary due to the professional activities undertaken by the insured, ensuring protection against claims related to the professional services provided.
Lastly, the Employment Practices Liability Insurance (EPLI) Endorsements modify a general liability policy to cover specific risks associated with employment practices. Like the OS 32 form, which offers specialized coverage for special hauling activities, EPLI endorsements protect against claims not typically covered by standard policies, such as wrongful termination or discrimination, highlighting the tailored nature of both insurance documents.
Filling out the Ohio OS-32 form, an endorsement to a liability insurance policy for vehicles operating with a special hauling permit, requires careful attention to ensure compliance and full coverage per the Ohio Department of Transportation's requirements. Below are key dos and don'ts to consider:
Following these guidelines will help ensure that the endorsement process to your liability insurance policy goes smoothly and provides the intended compliance and protection while operating under a Special Hauling Permit in Ohio.
One common misconception is that the Ohio OS-32 form provides unlimited insurance coverage for vehicles operating under a Special Hauling Permit. In reality, the form specifies limits of liability that the insurance company will cover for each accident. It's important to note that these limits are established to meet or exceed the minimum level of liability insurance required by law, but they are not infinite.
Some believe that this endorsement serves as a stand-alone insurance policy. However, the OS-32 is an endorsement to an existing liability insurance policy, meaning it amends a current policy to assure compliance with the conditions set forth by the Ohio Department of Transportation for vehicles operating with a Special Hauling Permit. It does not replace the need for a comprehensive vehicle insurance policy.
Another misconception is that the endorsement is optional for transporting large loads in Ohio. Conversely, securing this endorsement is a legal requirement for all vehicles operating with a Special Hauling Permit issued by the Ohio Department of Transportation. Without this endorsement, companies risk non-compliance with state laws.
There's also a misunderstanding regarding the notification period for cancellation of the policy endorsement. Many are under the impression that a simple notification will suffice. In actuality, cancellation demands a written notice be provided 35 days in advance to the other party and a 30-day notice to the Department, as specifically outlined in the document.
It's often mistakenly assumed that the OS-32 form exempts the insured from liability for any roadway damages caused during the transport of a permitted load. The text clearly states that the permittee is liable for any such damage and agrees to compensate the State of Ohio accordingly, underscoring the importance of understanding the indemnification agreement included in the endorsement.
Some believe that obtaining the OS-32 endorsement is a one-time requirement regardless of the number of movements or changes in the policy. The reality is that the limits of the company’s liability apply separately to each movement made under a Special Hauling Permit, emphasizing the need for continuous compliance and possibly the need for additional endorsements for multiple movements or changes in insurance details.
Lastly, there's a misconception about the minimum level of liability insurance required. Although the form mentions a minimum level of five hundred thousand dollars, it is important for companies to review this figure periodically. This amount is subject to change in accordance with state laws and regulations. Staying informed of the current requirements is essential for maintaining legal compliance.
Filling out and using the OS-32 form, issued by the State of Ohio's Department of Transportation, requires attention to detail and an understanding of its significance in the context of special hauling permits. Here are four key takeaways that individuals and companies must consider:
Understanding these key points helps ensure compliance with Ohio’s transportation regulations and fosters a safer environment for special hauling operations. The OS-32 form not only serves as a legal requirement but also as a critical risk management tool for entities engaging in the transport of oversized or overweight loads through Ohio.
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