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§47-8-104.
§47-8-104.
(a) Every person, firm or corporation engaged in the business of
operating a taxicab or taxicabs within a municipality shall file with
the governing board of the municipality in which such business is
operated proof of financial responsibility as hereinafter defined.
No governing board of a municipality shall hereafter issue any
certificate of convenience and necessity, franchise, license permit or
other privilege or authority to any person, firm or corporation
authorizing such person, firm or corporation to engage in the business
of operating a taxicab or taxicabs within the municipality unless such
person, firm or corporation first files with the governing board proof
of financial responsibility as hereinafter defined.
Every person, firm or corporation engaging in the business of
operating a taxicab or taxicabs without the corporate city limits of a
municipality or municipalities shall file with the Department of
Public Safety, Financial Responsibility Division, of the state, proof
of financial responsibility as hereinafter defined.
No person, firm or corporation shall hereafter engage in the business
of operating a taxicab or taxicabs without the corporate city limits
of a municipality or municipalities in the state unless such person,
firm or corporation first files with the Department of Public Safety
proof of financial responsibility as hereinafter defined.
(b) As used in this section, proof of financial responsibility shall
mean a certificate of any insurance carrier authorized to do business
in the state certifying that there is in effect a policy of liability
insurance insuring the owner and operator of the taxicab business, his
agents and employees while in the performance of their duties against
loss from any liability imposed by law for damages including damages
for care and loss of services because of bodily injury to or death of
any person and injury to or destruction of property caused by accident
and arising out of the ownership, use or operation of such taxicab or
taxicabs, subject to minimum limits, exclusive of interest and cost,
with respect to each such motor vehicle as follows: Ten Thousand
Dollars ($10,000.00) because of bodily injury to or death of one
person in any one accident and, subject to said limit for one person,
Twenty Thousand Dollars ($20,000.00) because of bodily injury to or
death of two or more persons in any one accident, and Ten Thousand
Dollars ($10,000.00) because of injury to or destruction of property
of others in any one accident.
(c) For every person, firm or corporation who engages in the taxicab
business without the corporate limits of a municipality or
municipalities proof of financial responsibility may be evidenced by
the bond of an insurance carrier duly authorized to do business within
the state, or a bond with at least two individual sureties each owning
real estate within this state, and together having equities equal in
value to at least twice the amount of such bond, which real estate
shall be conditioned for payment of the amounts specified in
subsection (b) of this section. Such bond shall be filed with the
Department of Public Safety and shall not be cancelable except after
ten (10) days' written notice to the Commissioner. Such bond shall
constitute a lien in favor of the state upon the real estate so
scheduled of any surety, which lien shall exist in favor of any holder
of a final judgment against the person who has filed such bond, for
damages, including damages for care and loss of services, because of
bodily injury to or death of any person, or for damages because of
injury to or destruction of property, including the loss of use
thereof, resulting from the ownership, maintenance, use or operation
of a motor vehicle after such bond was filed, upon the filing of
notice to that effect by the Commissioner in the office of county
clerk of the county where such real estate shall be located.
If such a judgment rendered against the principal on such bond shall
not be satisfied within thirty (30) days after it has become final,
the judgment creditor may, for his own use and benefit and at his sole
expense, bring an action or actions in the name of the state against
the company or persons executing such bond, including an action or
proceeding to foreclose any lien that may exist upon the real estate
of a person who has executed such bonds.
(d) 1. Proof of financial responsibility may be evidenced by the
certificate of the Department that the person named therein has
deposited with the Department Thirty Thousand Dollars ($30,000.00) in
cash or a certificate of deposit issued by a financial institution
located in Oklahoma in an amount of at least Thirty Thousand Dollars
($30,000.00). The Department shall deposit any cash it receives for
this purpose in a special account of the Department which shall be
held in escrow until necessary to pay judgments as described in
paragraph 2 of this subsection. The Department shall obtain a written
acknowledgment from any financial institution issuing a certificate of
deposit which is used for the purpose of this section, showing the
certificate of deposit has been pledged to the Department for this
purpose. The Department shall not accept any such deposit and issue a
certificate therefor unless accompanied by evidence that there are no
unsatisfied judgments of any character against the depositor in the
county where the depositor resides. The thirty-thousand-dollar deposit
paid to the Department pursuant to this provision shall be per sole
proprietor, firm or corporation engaged in the business of operating a
taxicab or taxicabs.
2. Such deposit shall be held by the Department to satisfy, in
accordance with the provisions of this act, any execution on a
judgment issued against such person making the deposit, for damages,
including damages for care and loss of services, because of bodily
injury to or death of any person, or for damages because of injury to
or destruction of property, including the loss of use thereof,
resulting from the ownership, maintenance, use or operation of a motor
vehicle after such deposit was made. Money or securities so deposited
shall not be subject to attachment or execution unless such attachment
or execution shall arise out of a suit for damages as aforesaid.
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