(a) Except where a liability bond pursuant to Sec. 500.124 of this
part has been approved by the Secretary, a farm labor contractor,
agricultural employer or agricultural association shall, in order to
meet the insurance requirements in Sec. 500.120, obtain a policy of
vehicle liability insurance.
(b) The amount of vehicle liability insurance shall not be less than
$100,000 for each seat in the vehicle, but in no event is the total
insurance required to be more than $5,000,000 for any one vehicle. The
number of seats in the vehicle shall be determined by reference to
Sec. 500.105(b)(3)(vi). See Sec. 500.122 regarding insurance
requirements where State workers' compensation coverage is provided.
(c) The insurance to be obtained under paragraph (a) of this section
shall be issued by an insurance carrier licensed or otherwise authorized
to do business in the State in which the insurance is obtained.
(d) The vehicle liability insurance to be obtained under paragraph
(a) of this section shall be endorsed to insure against liability for
personal injury to employees whose transportation is not covered by
workers' compensation insurance, and to persons who are not employees;
and for property damage as specified in (b) of this section.
(e) An agricultural employer or agricultural association may
evidence the purchase of liability insurance which covers the workers
while being transported, as required under paragraph (a) by obtaining
and making available upon request to the Department of Labor a completed
liability certificate of insurance showing that insurance conforming to
the limits required by paragraph (b) and the coverage required by
paragraph (d) of this section is in effect. A farm labor contractor must
obtain such a certificate and provide a copy to the Administrator when
applying for authorization to transport migrant or seasonal agricultural
workers.
(f) With respect to an agricultural employer or agricultural
association, in the absence of the insurance certificate referred to
under paragraph (e) of this section, the Department of Labor will look
to the actual policy of insurance in determining compliance with the
insurance requirements.
[48 FR 36741, Aug. 12, 1983, as amended at 57 FR 3905, Jan. 31, 1992; 61
FR 24866, May 16, 1996]
