# Title 39 — Motor Vehicles

## Chapter 39-16.2 — Gas Transporter Financial Responsibility

### § 39-16.2-01. Definitions.

As used in this chapter:
1. "Dealer" means any person in the business of handling liquefied petroleum gas who
delivers or sells any liquefied petroleum gas to any retail dealer or user of liquefied
petroleum gas.
2. "Liquefied petroleum gas" includes any material that is composed predominantly of
any of the following hydrocarbons or mixtures of the following hydrocarbons: propane,
propylene, butanes (normal butane and isobutane), and butylenes.
### § 39-16.2-02. Liquefied petroleum gas transporters - Financial responsibility

requirements.
A dealer who owns or operates a vehicle used for the transportation of liquefied petroleum
gas shall maintain motor vehicle liability insurance of:
1. At least five million dollars for the transportation of liquefied petroleum gas transported
in cargo tanks, portable tanks, or hopper-type vehicles with capacities of three
thousand five hundred water gallons [13248.94 liters] or more.
2. At least one million dollars for the transportation of liquefied petroleum gas transported
in cargo tanks, portable tanks, or hopper-type vehicles with capacities of less than
three thousand five hundred water gallons [13248.94 liters].
### § 39-16.2-03. Maintenance and certification of financial requirements - Verification.

A dealer subject to the financial responsibility requirements of this chapter shall maintain the
liability insurance prescribed in section 39-16.2-02 which obligates the dealer to pay
compensation for injuries to persons and for loss or damage to property by reason of the
ownership, maintenance, or use of the covered vehicle. The director may require dealers
subject to the financial responsibility requirements of this chapter to certify the existence of
financial responsibility in the form and at the times required by the director. The director may
forward the certification to the named insurer to determine if the certification is correct. No civil
liability may accrue to the insurer or any of its employees for reports made to the director if the
reports are made in good faith based upon the most recent information to the insurer.
### § 39-16.2-04. Self-insurance.

The director may allow a dealer to fully or partially self-insure motor vehicles as required by
this chapter if the dealer provides financial data the director requires and the director determines
that the financial data demonstrates that the dealer is sufficiently stable and solvent to fully or
partially self-insure. The director shall authorize self-insurance subject to reasonable provisions
for the filing of periodic financial statements demonstrating no substantial deterioration of
financial stability.
### § 39-16.2-05. Penalties.

A dealer subject to the financial responsibility requirements of this chapter who operates or
causes to be operated a motor vehicle in this state without meeting the financial responsibility
requirements of this chapter is guilty of a class B misdemeanor. A dealer subject to the financial
responsibility requirements of this chapter who operates or causes to be operated a motor
vehicle in this state without meeting the financial responsibility requirements of this chapter if the
vehicle is involved in an accident is guilty of a class A misdemeanor. The department may
refuse to issue the registration for a vehicle or may cancel the registration of a vehicle owned or
operated by a person who does not comply with the requirements of this chapter.
