DOT 49 CFR PART 544-2010 INSURER REPORTING REQUIREMENTS.pdf

1、141 Natl Highway Traffic Safety Admin., DOT 544.4 PART 544INSURER REPORTING REQUIREMENTS Sec. 544.1 Scope. 544.2 Purpose. 544.3 Application. 544.4 Definitions. 544.5 General requirements for reports. 544.6 Contents of insurer reports. 544.7 Incorporating previously filed docu-ments. APPENDIX A TO PA

2、RT 544INSURERS OF MOTOR VEHICLE INSURANCE POLICIES SUB-JECT TO THE REPORTING REQUIREMENTS IN EACH STATE IN WHICH THEY DO BUSINESS APPENDIX B TO PART 544ISSUERS OF MOTOR VEHICLE INSURANCE POLICIES SUBJECT TO THE REPORTING REQUIREMENTS ONLY IN DESIGNATED STATES APPENDIX C TO PART 544MOTOR VEHICLE RENT

3、AL AND LEASING COMPANIES (INCLUD-ING LICENSEES AND FRANCHISEES) SUB-JECT TO THE REPORTING REQUIREMENTS OF PART 544 AUTHORITY: 49 U.S.C. 33112; delegation of authority at 49 CFR 1.50. SOURCE: 52 FR 76, Jan. 2, 1987, unless other-wise noted. 544.1 Scope. This part sets forth requirements for insurers

4、to report to the National Highway Traffic Safety Administration information about motor vehicle thefts and recoveries, the effects of the Fed-eral motor vehicle theft prevention standard on those thefts and recov-eries, and related insurance practices. 544.2 Purpose. The purpose of these reporting r

5、e-quirements in this part is to aid in im-plementing and evaluating the provi-sions of 49 U.S.C. Chapter 331 Theft Prevention to prevent or discourage the theft of motor vehicles, to prevent or discourage the sale or distribution in interstate commerce of used parts removed from stolen motor vehicle

6、s, and to help reduce the cost to con-sumers of comprehensive insurance coverage for motor vehicles. 62 FR 33756, June 23, 1997 544.3 Application. This part applies to the motor vehi-cle insurance policy issuers listed in appendices A or B, and to the motor ve-hicle rental and leasing companies list

7、-ed in appendix C. 55 FR 25609, June 22, 1990 544.4 Definitions. (a) Statutory terms. All terms defined in 49 U.S.C. 33101 and 33112 are used in accordance with their statutory mean-ings unless otherwise defined in para-graph (b) of this section. (b) Other definitions. (1) Comprehensive insurance co

8、verage means the indem-nification of motor vehicle owners by an insurer against losses due to fire, theft, robbery, pilferage, malicious mischief and vandalism, and damage resulting from floods, water, tornadoes, cyclones, or windstorms. (2) Gross vehicle weight rating is used as defined at 571.3 of

9、 this chapter. (3) Heavy truck means a truck with a gross vehicle weight rating of more than 10,000 pounds. (4) Light truck means a truck with a gross vehicle weight rating of 10,000 pounds or less. (5) Major part means (i) In the case of passenger motor ve-hicles, any part listed in 541.5(a) (1) th

10、rough (14) of this chapter; (ii) In the case of light trucks, any part listed in 541.4(a) (1) through (14) of this chapter, or the cargo bed or transfer case; (iii) In the case of heavy trucks, any part listed in 541.5(a) (1) through (14) of this chapter, or the cargo bed, drive axle assembly, fifth

11、 wheel, sleeper, or the transfer case; (iv) In the case of multipurpose pas-senger vehicles, any part listed in 541.5(a) (1) through (14) of this chap-ter, or the cargo bed or transfer case; and (v) In the case of motorcycles, the crankcase, engine, frame, front fork, or transmission. (6) Motorcycle

12、 is used as defined at 571.3 of this chapter. (7) Motorcycle vehicle means a pas-senger motor vehicle, multipurpose passenger vehicle, truck, or motor-cycle. (8) Multipurpose passenger vehicle is used as defined at 571.3 of this chap-ter. (9) Recovery means regaining physical possession of a motor v

13、ehicle or a major portion of the superstructure of VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00151 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-142 49 CFR

14、 Ch. V (10110 Edition) 544.5 a motor vehicle with one or more major parts still attached to the super-structure, after that vehicle has been stolen. (10) Recovery-in-part means a recovery in which one or more of the recovered vehicles major parts is missing at the time of recovery. (11) Recovery int

15、act means a recovery with none of the recovered vehicles major parts missing at the time of re-covery, and with no apparent damage to any part of the motor vehicle other than those parts damaged in order to enter, start, and operate the vehicle, but with additional mileage and ordi-nary wear and tea

16、r. (12) Recovery-in-whole means a recov-ery with none of the recovered vehi-cles major parts missing at the time of recovery, but with apparent damage to some part or parts of the vehicle in ad-dition to those parts damaged in order to enter, start, and operate the vehicle. (13) Reporting period mea

17、ns the cal-endar year covered by a report sub-mitted under this part. (14) Truck is used as defined at 571.3 of this chapter. (15)(i) In the case of insurers that issue motor vehicle insurance policies, vehicle theft means an actual physical removal of a motor vehicle without the permission of its o

18、wner, but does not include the removal of component parts, accessories, or personal belong-ings from a motor vehicle which is not moved. (ii) In the case of an insurer which has a fleet of 20 or more vehicles (other than a governmental entity) used pri-marily for rental or lease and not cov-ered by

19、theft insurance policies issued by insurers of motor vehicles, vehicle theft means an actual physical re-moval of a motor vehicle without the permission of its owner, or keeping possession of the motor vehicle with-out permission of its owner for a suffi-cient period of time so that the vehicle coul

20、d have been reported as stolen to the State police in the State in which the vehicle was to have been returned. However, vehicle theft does not include the removal of component parts, acces-sories, or personal belongings from a motor vehicle which is not moved. 52 FR 76, Jan. 2, 1987, as amended at

21、60 FR 33148, June 27, 1995; 61 FR 41987, Aug. 13, 1996; 62 FR 33756, June 23, 1997 544.5 General requirements for re-ports. (a) Each insurer to which this part applies shall submit a report annually before October 25, beginning on October 25, 1986. This report shall contain the information required

22、by 544.6 of this part for the calendar year 3 years pre-vious to the year in which the report is filed (e.g., the report due by December 31, 2009 will contain the required infor-mation for the 2006 calendar year). (b) Each report required by this part must: (1) Have a heading preceding its text that

23、 includes the words Insurer Re-port; (2) Identify the insurer, including all subsidiary companies, on whose behalf the report is submitted, and the des-ignated agent, if any, submitting the report or that will submit further doc-uments to complete the report; (3) Identify the State or States in whic

24、h the insurer did business during the reporting period; (4) State the full name and title of the official responsible for preparing the report, and the address of the in-surer; (5) Identify the reporting period cov-ered by the report; (6) Be written in the English lan-guage; (7) Include a glossary d

25、efining all acronyms and terms of art used in the report, unless those acronyms and terms of art are defined immediately after they first appear in the report; (8) Be submitted in three copies to: Administrator, National Highway Traf-fic Safety Administration, 400 Seventh Street, SW., Washington, DC

26、 20590; and (9) If the insurer wishes to submit certain information under a claim of confidentiality, be submitted in ac-cordance with part 512 of this chapter. 52 FR 76, Jan. 2, 1987 EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting 544.5 see the List of CFR Sections Affected which appears

27、in the Find-ing Aids section of the printed volume and on GPO Access. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00152 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from

28、 IHS-,-,-143 Natl Highway Traffic Safety Admin., DOT 544.6 EFFECTIVE DATE NOTE: At 75 FR 54044, Sept. 3, 2010, 544.5 was amended by revising the second sentence of paragraph (a), effec-tive October 4, 2010. For the convenience of the user, revised text is set forth as follows: 544.5 General requirem

29、ents for reports. (a) * * * This report shall contain the in-formation required by 544.6 of this part for the calendar year 3 years previous to the year in which the report is filed (e.g., the re-port due by October 25, 2010 will contain the required information for the 2007 calendar year). * * * *

30、* 544.6 Contents of insurer reports. (a)(1) In the case of insurers that issue motor vehicle insurance policies, provide the information specified in paragraphs (b) through (g) of this sec-tion for each State in which the in-surer, including any subsidiary, did business during the reporting period i

31、f the insurer is listed in appendix A, or for each State listed after the insurers name if the insurer is listed in appen-dix B. (2) In the case of a motor vehicle rental or leasing company listed in ap-pendix C, provide the information spec-ified in paragraphs (c), (d)(2)(iv), and (g) of this secti

32、on for each vehicle type listed in paragraph (b) of this section, for each State in which the company, including any licensee, franchisee, or subsidiary, did business during the re-porting period. The information for each listed company shall include all relevant information from any li-censee, fran

33、chisee, or subsidiary. (b) For each of the following vehicle types, provide the information speci-fied in paragraphs (c) through (g) of this section for all vehicles of that type insured by the insurer during the re-porting period (1) Passenger cars. (2) Multipurpose passenger vehicles. (3) Light tr

34、ucks. (4) Heavy trucks. (5) Motorcycles. (c)(1) List the total number of vehicle thefts for vehicles manufactured in the 1983 or subsequent model years, sub-divided into model year, model, make, and line, for this type of motor vehicle. (2) List the total number of recov-eries for vehicles manufactu

35、red in the 1983 or subsequent model years, sub-divided into model year, model, make, and line, for this type of motor vehicle. Beginning with the report due not later than October 25, 1987, for each of these subdivided number of recoveries, indi-cate how many were: (i) Recoveries intact; (ii) Recove

36、ries-in-whole; and (iii) Recoveries-in-part. (3) Explain how the theft and recov-ery data set forth in response to para-graphs (c) (1) and (2) of this section were obtained by the insurer, and the steps taken by the insurer to ensure that these data are accurate and time-ly. (4) Explain the use made

37、 by the in-surer of the information set forth in re-sponse to paragraphs (c) (1) and (2) of this section, including the extent to which such information is reported to national, public, and private entities (e.g., the Federal Bureau of Investiga-tion and State and local police). If such reports are

38、made, state the frequency and timing of the reporting. (d)(1) Provide the rating characteris-tics used by the insurer to establish the premiums it charges for com-prehensive insurance coverage for this type of motor vehicle and the premium penalties for vehicles of this type con-sidered by the insur

39、er as more likely to be stolen. This requirement may be satisfied by furnishing the pertinent sections of the insurers rate man-ual(s). (2) Provide the loss data used by the insurer to establish the premiums it charges for comprehensive insurance coverage for this type of motor vehicle and the premi

40、um penalties it charges for vehicles of this type it considers as more likely to be stolen. This require-ment may be satisfied by providing the following: (i) The total number of comprehen-sive insurance claims paid by the in-surer during the reporting period; (ii)(A) The total number of claims list

41、ed in (d)(2)(i) of this section that arose from a theft; (B) The insurers best estimate of the percentage of the number listed in paragraph (d)(2)(ii)(A) of this section that arose from vehicle thefts, and an explanation of the basis for the esti-mate; VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 P

42、O 00000 Frm 00153 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-144 49 CFR Ch. V (10110 Edition) 544.6 (iii) The total amount (in dollars) paid out by the insurer during th

43、e re-porting period in response to all the comprehensive claims filed by its pol-icyholders; (iv)(A) In the case of insurers listed in appendix A or B, provide (1) The total amount (in dollars) list-ed under paragraph (d)(2)(iii) of this section paid out by the insurer as a re-sult of theft; and (2)

44、 The insurers best estimate of the percentage of the dollar total listed in paragraph (d)(2)(iv)(A)(1) of this section that arose from vehicle thefts, and an explanation of the basis for the esti-mate; (B) In the case of other insurers sub-ject to this part, the net losses suffered by the insurer (i

45、n dollars) as a result of vehicle theft; (v)(A) The total amount (in dollars) recovered by the insurer from the sale of recovered vehicles, major parts re-covered not attached to the vehicle su-perstructure, or other recovered parts, after the insurer had made a payment listed under paragraph (d)(2)

46、(iv) of this section. (B) The insurers best estimate of the percentage of the dollar total listed in paragraph (d)(2)(v)(A) of this section that arose from vehicle thefts, and an explanation of the basis for the esti-mate; (vi) An identification of the vehicles for which the insurer charges com-preh

47、ensive insurance premium pen-alties, because the insurer considers such vehicles as more likely to be sto-len; (vii) The total number of comprehen-sive insurance claims paid by the in-surer for each vehicle risk grouping identified in paragraph (d)(2)(vi) of this section during the reporting period,

48、 and the total amount (in dollars) paid out by the insurer in response to each of the listed claims totals; and (viii) The maximum premium adjust-ments (as a percentage of the basic comprehensive insurance premium) made for each vehicle risk grouping identified in paragraph (d)(2)(vi) of this sectio

49、n during the reporting period, as a result of the insurers determination that such vehicles are more likely to be stolen. (3) Identify any other rating rules and plans used by the insurer to estab-lish its comprehensive insurance pre-miums and premium penalties for motor vehicles it considers as more likely to be stolen, and explain how such rating rules and plans are used to establish the premiums and premium penalties. (4) Explai