(d) Proof of the notice may be made by the certificate of a department employee stating that: (1) the notice was prepared in the regular course of business and placed in the United States mail or sent by e-mail as part of the regular organized activity of the department; or. 601.261. 601.232. It is a defense to prosecution of an offense under Section 601.191 that the motor vehicle operated by the person charged: (1) was in the possession of that person for the sole purpose of maintenance or repair; and. (f) The policy, any written application for the policy, and any rider or endorsement that does not conflict with this chapter constitute the entire contract between the parties. (a) A person whose driver's license, vehicle registrations, or nonresident's operating privilege has been suspended or is subject to suspension under Section 601.332 may file with the department: (1) evidence that there was a motor vehicle liability insurance policy covering the motor vehicle involved in the accident out of which the judgment arose in effect at the time of the accident; (2) an affidavit stating that the person was insured at the time of the accident, that the insurance company is liable to pay the judgment, and the reason, if known, that the insurance company has not paid the judgment; (3) the original policy of insurance or a certified copy of the policy, if available; and. Acts 2017, 85th Leg., R.S., Ch. (c) In the case of a policy that provides excess or additional coverage, the term "motor vehicle liability insurance policy" applies only to that part of the coverage that is required under this subchapter. 2.74, eff. 165, Sec. (C) an agreement as described by Section 601.154(d)(3); (2) reasonable evidence is provided to the department after the second anniversary of the date of the accident that no action arising out of the accident is pending and no judgment rendered in such an action is unpaid; or. 1, eff. Acts 2009, 81st Leg., R.S., Ch. REQUIREMENT OF FINANCIAL RESPONSIBILITY. A motor vehicle liability insurance policy may not insure against liability: (1) for which the insured or the insured's insurer may be held liable under a workers' compensation law; (2) for bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or in domestic employment if benefits for the injury are payable or required to be provided under a workers' compensation law; or. (2) complies with the other requirements of this chapter. However, the offense is SELF-INSURANCE. The notice must include a description of the property described in the bond. Acts 2017, 85th Leg., R.S., Ch. (c) Whenever it is determined by a final judgment in a judicial proceeding that an insurer or surety, which has been named on a document accepted by a court or the registrar as proof of financial responsibility covering the operation of a motor vehicle at the time of an accident or offense, is not liable to pay a judgment for injuries or damages resulting from such operation, the registrar, notwithstanding any previous contrary finding, shall forthwith suspend the operating privileges and registration rights of the person against whom the judgment was rendered as provided in division (A)(2) of this section. APPLICABILITY OF SUBCHAPTER. (2) the expiration of six months after the effective date of the consent. 2741), Sec. Criminal penalty for failure to produce proof of insurance. Angela Marie Bartman Brandon Lee (2) "Volunteer fire department" means a company, department, or association that is: (A) organized in an unincorporated area to answer fire alarms and extinguish fires or to answer fire alarms, extinguish fires, and provide emergency medical services; and. APPLICABILITY TO CERTAIN OWNERS AND OPERATORS. Sec. 1 0 obj September 1, 2017. Then the ticket must be paid, or you are found guilty of it. Acts 1995, 74th Leg., ch. By lawfacts in forum Insurance Law Replies: 1 Last Post: 11-13-2016, 10:01 AM. September 1, 2007. September 1, 2013. Real questions about traffic tickets from people like you. 30.126(a), eff. An insurance company that is notified by the department of an accident in connection with which an owner or operator has reported a motor vehicle liability insurance policy with the company shall advise the department if a policy is not in effect as reported. (4) the person surrenders to the department the person's driver's license and the vehicle registration for the motor vehicle. Sec. CUSTODY OF CASH SECURITY. Sec. CERTIFICATE OF RELEASE. endobj 178, Sec. (A)(1) No person shall operate, or permit the operation of, a motor vehicle in this state, unless proof of financial responsibility is maintained continuously throughout (a) Subject to Subsection (c), a nonresident owner of a motor vehicle that is not registered in this state may provide evidence of financial responsibility by filing with the department the certificate of an insurance company authorized to transact business in the state in which the vehicle is registered certifying that a motor vehicle liability insurance policy for the benefit of the person required to provide evidence of financial responsibility is in effect. Sec. 1079 (H.B. (5) Except as provided in division (A)(6) or (L) of this section, the registrar shall not restore any operating privileges or registration rights suspended under this section, return any license, certificate of registration, or license plates impounded under this section, or reissue license plates under section 4503.232 of the Revised Code, if the registrar destroyed the impounded license plates under that section, or reissue a license under section 4510.52 of the Revised Code, if the registrar destroyed the suspended license under that section, unless the rights are not subject to suspension or revocation under any other law and unless the person, in addition to complying with all other conditions required by law for reinstatement of the operating privileges or registration rights, complies with all of the following: (a) Pays a financial responsibility reinstatement fee of one hundred dollars for the first violation of division (A)(1) of this section, three hundred dollars for a second violation of that division, and six hundred dollars for a third or subsequent violation of that division; (b) If the person has not voluntarily surrendered the license, certificate, or license plates in compliance with the order, pays a financial responsibility nonvoluntary compliance fee in an amount, not to exceed fifty dollars, determined by the registrar; (c) Files and continuously maintains proof of financial responsibility under sections 4509.44 to 4509.65 of the Revised Code. Web(1) No person shall be convicted of failing to produce proof of financial responsibility under this subchapter or (2) No person shall be penalized for maintaining a registered motor (G)(1) The registrar, court, traffic violations bureau, or peace officer may require proof of financial responsibility to be demonstrated by use of a standard form prescribed by the registrar. 502), Sec. 601.088. SUBCHAPTER K. EVIDENCE OF FINANCIAL RESPONSIBILITY FOLLOWING JUDGMENT, CONVICTION, PLEA, OR FORFEITURE OR FOLLOWING SUSPENSION OR REVOCATION. OPERATION OF MOTOR VEHICLE IN VIOLATION OF SUSPENSION; OFFENSE. chapter 601. motor vehicle safety responsibility act 165, Sec. 1, eff. Sec. %PDF-1.5 (f) A telecommunications provider, as defined by Section 51.002, Utilities Code, may not be held liable to the operator of the motor vehicle for the failure of a wireless communication device to display financial responsibility information under Subsection (a)(2-a). (a) This chapter does not apply to a government vehicle. Sec. Nothing in this section or in section 4509.51 of the Revised Code shall be construed to prohibit a motor vehicle renting dealer from entering into a contractual agreement with a person whereby the person renting the motor vehicle agrees to be solely responsible for maintaining proof of financial responsibility, in accordance with this section, with respect to the operation, maintenance, or use of the motor vehicle during the period of the motor vehicles rental. (2) payment for the cost of impoundment. (B) arises out of the ownership, maintenance, or use of a motor vehicle. 1094 (H.B. Get free summaries of new opinions delivered to your inbox! (K) Nothing in this section shall be construed to be subject to section 4509.78 of the Revised Code. Weba motor vehicle on a public highway in Indiana without financial responsibility in effect as set forth in IC 9-25-4-4 commits a Class A infraction. (g) Cancellation of a bond filed under this section does not prevent recovery for a right or cause of action arising before the date of the cancellation. (2) cover the amounts, excluding interest and costs, required to establish financial responsibility under Section 601.072. (2) direct the comptroller to return money or securities deposited with the comptroller as evidence of financial responsibility to the person entitled to the return of the money or securities. REIMBURSEMENT FEE FOR IMPOUNDMENT. 601.055. If the registrar determines, within forty-five days after the report is filed, that an operator or owner has violated division (A)(1) of this section, the registrar shall do all of the following: (a) Order the impoundment, with respect to the motor vehicle involved, required under division (A)(2)(d) of this section, of the certificate of registration and license plates of any owner who has violated division (A)(1) of this section; (b) Order the suspension required under division (A)(2)(a), (b), or (c) of this section of the license of any operator or owner who has violated division (A)(1) of this section; (c) Record the name and address of the person whose certificate of registration and license plates have been impounded or are under an order of impoundment, or whose license has been suspended or is under an order of suspension; the serial number of the persons license; the serial numbers of the persons certificate of registration and license plates; and the persons social security account number, if assigned, or, where the motor vehicle is used for hire or principally in connection with any established business, the persons federal taxpayer identification number. 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