Bill Text: IN SB0620 | 2013 | Regular Session | Engrossed
Bill Title: Proof of financial responsibility.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 59 [SB0620 Detail]
Download: Indiana-2013-SB0620-Engrossed.html
Citations Affected: IC 9-13; IC 9-25.
Effective: July 1, 2013.
(HOUSE SPONSOR _ SOLIDAY)
January 17, 2013, read first time and referred to Committee on Homeland Security,
Transportation and Veterans Affairs.
January 29, 2013, reported favorably _ Do Pass.
February 4, 2013, read second time, ordered engrossed.
February 5, 2013, engrossed. Read third time, call withdrawn, returned to second reading.
February 11, 2013, re-read second time.
February 12, 2013, re-ordered engrossed.
February 14, 2013, read third time, passed. Yeas 48, nays 0.
February 26, 2013, read first time and referred to Committee on Roads and Transportation.
March 21, 2013, reported _ Do Pass.
Digest Continued
court shall recommend suspension of a person's driving privileges for at least 90 days but less than a year for failure to provide proof of financial responsibility. (Under current law, the court may make such a recommendation.) Provides that if a court suspends a person's driving privileges or vehicle registration for failure to provide proof of financial responsibility, and fails to recommend a fixed term of suspension or recommends a fixed term that is less than the minimum term of suspension required by law, the bureau shall impose the applicable minimum term of suspension required by law. Requires a nonresident to provide proof of financial responsibility by having an insurance carrier file a certificate of compliance with the bureau. Prescribes a process by which a person whose driving privileges are suspended for failure to provide proof of financial responsibility may contest the suspension based on an assertion of material error. Provides that a person found to have operated a motor vehicle without financial responsibility must provide proof of future financial responsibility for a period of three years beginning on the date on which the suspension of the person's driving privileges ends. Provides that expungement or other removal from a person's record of an underlying conviction for which the bureau sends to the person a request for evidence of financial responsibility does not alter or otherwise affect a penalty imposed by the bureau on the person for the person's failure to provide evidence of financial responsibility. Makes other amendments to various provisions concerning proof of financial responsibility and proof of future financial responsibility. Abolishes the previously uninsured motorist registry.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(1) wireless telephone;
(2) personal digital assistant;
(3) pager; or
(4) text messaging device.
(b) The term does not include:
(1) amateur radio equipment that is being operated by a person licensed as an amateur radio operator by the Federal Communications Commission under 47 CFR Part 97; or
(2) a communications system installed in a commercial motor vehicle weighing more than ten thousand (10,000) pounds.
(b) Whenever under Indiana law the bureau may suspend or revoke the registration certificate and registration plates of a motor vehicle if the owner of the motor vehicle is a resident of Indiana, the bureau may forbid the operation within Indiana of a motor vehicle if the owner of the motor vehicle is a nonresident.
(c) The bureau shall transmit to the motor vehicle bureau or state officer performing the functions of a bureau in the state in which a nonresident resides a certified copy of the following:
(1) A conviction of, or an administrative action concerning, the nonresident that has resulted in the suspension of the nonresident's driving privilege in Indiana.
(2) An unsatisfied judgment rendered against a nonresident that has resulted in the suspension of the nonresident's driving privilege in Indiana.
by the bureau, of the person. for whom other proof of financial
responsibility is required.
(b) The bureau may, at any time, verify that a person has financial responsibility in effect as required under this article.
(c) The bureau shall suspend the driving privileges or motor vehicle registration, or both, of a person who fails to maintain financial responsibility as required under this article.
(d) In order to comply with this section, the bureau may contract with a third party to request proof of financial responsibility from a person as required under this article. The third party must comply with the requirements of this article and any rules adopted by the bureau.
(1) must be in effect on the date of the request; and
(2) may be given by any of the following methods:
(b) Proof of financial responsibility as requested by a law enforcement officer:
(1) must be in effect on the date of the request; and
(2) may be provided in a paper or electronic format. For purposes of this subdivision, electronic formats include the display of an electronic image on a telecommunications device.
(b) If a person fails to provide proof of financial responsibility as required by this section, the court shall suspend the person's current driving privileges or motor vehicle registration, or both. If the court fails to recommend a fixed term of suspension, or recommends a fixed term that is less than the minimum term of suspension required under this article, the bureau shall impose the applicable minimum term of suspension required under this article.
(c) A suspension under this section is subject to the same provisions concerning procedure for suspension, duration of suspension, and reinstatement applicable to other suspensions under this article.
(1) Direct a person
(2) Instruct the person on how to furnish the bureau with evidence of financial responsibility in compliance with this article.
(3) Warn the person that failure to furnish evidence of financial responsibility to the bureau will result in suspension of the person's current driving privileges or motor vehicle registration, or both, under this article.
(b) The bureau shall mail a request for evidence of financial responsibility to a person
(1) If an operator's or a motor vehicle liability policy was in effect, the following:
(A) The name
(D) Confirmation that financial responsibility covering the motor vehicle or operator, as applicable, was in effect on the date in question.
(E) Other information requested by the bureau.
(2) If a bond was in effect, the following:
(A) The name and address of the bond company or surety.
(B) The face amount of the bond.
(C) Dates the bond was in effect.
(D) Other information requested by the bureau.
(3) If self-insurance was in effect under IC 9-25-4-11, the following:
(A) The date on which the certificate of self-insurance was issued by the bureau.
(B) The name of the person to whom the certificate of self-insurance was issued.
(C) Other information requested by the bureau.
(b) A person who requests information or verification of coverage to complete a certificate of compliance under subsection (a) from:
(1) an insurance company; or
(2) an insurance producer;
is not required to give the company or the producer a reason for requesting the information unless the person has been involved in an accident.
(b) The issuance of a certificate of compliance to serve as proof of financial responsibility under this article is conclusive evidence that a motor vehicle liability policy in the certificate of compliance cited conforms to all the requirements of this article.
bureau. (2) A nonresident who does not own a motor vehicle may give
proof of financial responsibility by having an insurance carrier
authorized to transact business in the state in which the nonresident
resides by having an insurance carrier file a certificate of compliance
with the bureau.
(b) A certificate of compliance filed under subsection (a) must
conform to this chapter.
(1) the bureau receives a certificate of compliance for a person identified under IC 9-25-5-2 within forty (40) days after the date on which the bureau mailed the request for evidence of financial responsibility to the person; and
(2) the certificate of compliance indicates that financial responsibility was in effect with respect to the motor vehicle or the operation of the motor vehicle at the time of the accident described in the accident report;
the bureau may not suspend the person's driving privileges.
(b) If:
(1) the bureau receives a certificate of compliance from a person presented with a request for evidence of financial responsibility under IC 9-25-9-1 within forty (40) days after the date on which the person was presented with the request; and
(2) the certificate of compliance indicates that financial responsibility was in effect with respect to the motor vehicle or the operation of the motor vehicle that the person was operating when the person committed the violation described in the judgment or abstract received by the bureau under IC 9-25-9-1;
the bureau may not suspend the person's driving privileges.
(c) If:
(1) the bureau receives a certificate of compliance for a person identified under IC 9-25-10 (before its repeal) within forty (40) days after the date on which the bureau mailed the request for evidence of financial responsibility to the person; and
(2) the certificate of compliance indicates that financial responsibility was in effect with respect to the motor vehicle or the operation of the motor vehicle for the date requested;
the bureau may not suspend the driving privileges of the person.
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) If the bureau finds that a
statement as to the existence of financial responsibility in a certificate
of compliance received for a person identified under IC 9-25 is
materially false, the bureau shall take action under subsection (b).
(b) Upon finding that the statement referred to in subsection (a) is
false, the bureau shall immediately suspend the person's driving
privileges or motor vehicle registration, or both, as determined by the
bureau, for at least ninety (90) days and not more than one (1) year.
(1) does not receive a certificate of compliance for a person identified under IC 9-25-5-2 within forty (40) days after the date on which the bureau mailed the request for evidence of financial responsibility to the person; or
(2) receives a certificate that does not indicate that financial responsibility was in effect with respect to the motor vehicle operated by the person or operation of the motor vehicle by the person on the date of the accident referred to in IC 9-25-5-2;
the bureau shall take action under subsection (d).
(b) If the bureau:
(1) does not receive a certificate of compliance for a person presented with a request for evidence of financial responsibility under IC 9-25-9-1 within forty (40) days after the date on which the person was presented with the request; or
(2) receives a certificate that does not indicate that financial responsibility was in effect with respect to the motor vehicle or operation of the motor vehicle that the person was operating when the person committed the violation described in the judgment or abstract received by the bureau under IC 9-25-9-1;
the bureau shall take action under subsection (d).
(c) If the bureau:
(1) does not receive a certificate of compliance for a person presented with a request under IC 9-25-10 (before its repeal) not later than forty (40) days after the date on which the person was presented with the request; or
(2) receives a certificate that does not indicate that financial responsibility was in effect on the date requested;
the bureau shall take action under subsection (d).
(d) Under the conditions set forth in subsection (a), (b), or (c), the bureau shall immediately suspend the person's driving privileges or motor vehicle registration, or both, as determined by the bureau, for
at least ninety (90) days and not more than one (1) year.
(e) Except as provided in subsection (f), if subsection (a), (b), or (c)
applies to a person, the bureau shall suspend the driving privileges of
the person irrespective of the following:
(1) The sale or other disposition of the motor vehicle by the
owner.
(2) The cancellation or expiration of the registration of the motor
vehicle.
(3) An assertion by the person that the person did not own the
motor vehicle and therefore had no control over whether financial
responsibility was in effect with respect to the motor vehicle.
(f) The bureau shall not suspend the driving privileges of a person
to which subsection (a), (b), or (c) applies if the person, through a
certificate of compliance or another communication with the bureau,
establishes to the satisfaction of the bureau that the motor vehicle that
the person was operating when the accident referred to in subsection
(a) took place or when the violation referred to in subsection (b) or (c)
was committed was:
(1) rented from a rental company; or
(2) owned by the person's employer and operated by the person in
the normal course of the person's employment.
(1) IC 9-25-4;
(2) IC 9-25-5;
(3) section 2 or 3 of this chapter; or
(4) IC 9-25-10 (before its repeal);
more than one (1) time within a three (3) year period, the person's driving privileges or motor vehicle registration may be suspended for not more than one (1) year.
(b) "Judgment", as used in this section, means a judgment in excess of two hundred dollars ($200) for bodily injury, death, or property damages arising out of the use of a motor vehicle upon a public highway.
(c) The bureau shall suspend for a period of not more than seven (7) years from the date of judgment the driving privileges of a person upon
receiving a verified report that the person has failed for a period of
ninety (90) days to satisfy a judgment.
(1) subject to section 15 of this chapter, after
(2) if financial responsibility was in effect with respect to a motor vehicle on the date requested but the bureau does not receive a certificate of compliance indicating this fact until after the person's driving privileges are suspended under this article, the person's driving privileges shall be reinstated when the bureau receives the certificate of compliance.
(b) Upon receipt of a certificate of compliance under this section, the bureau shall
(b) If the bureau determines that a material error was made with respect to the suspension of the person's driving privileges, the bureau shall reinstate the person's driving privileges.
(c) If applicable, the bureau shall notify the prosecuting attorney of the county where the suspension originated that the bureau has determined that a material error exists. The prosecuting attorney is entitled to respond to the bureau's determination.
(d) An action taken or a determination made by the bureau under this section is not subject to IC 4-21.5. However, the person
may file a petition for judicial review under this chapter.
(1) owner or operator was insured by an insurance company for public liability and property damage at the time of the accident; and
(2) insurance company becomes insolvent after the accident or within fifteen (15) days before the accident;
if the insurance company was authorized and qualified to do business in Indiana on the effective date of the policy.
(1) At any time after three (3) years from the date the proof was required, if during the three (3) year period preceding the request the person furnishing the proof has not been convicted of an offense referred to in IC 9-30-4-6.
(2) If the person on whose behalf the proof was filed dies or the person becomes permanently incapable of operating a motor vehicle.
(3) If the person who has given proof of financial responsibility surrenders the person's
notice that the person has, within the period of three (3) months
immediately preceding, been involved as a driver in a motor
vehicle accident. An affidavit of the applicant of the nonexistence
of the facts referred to in this subdivision is sufficient evidence of
the nonexistence of the facts in the absence of evidence to the
contrary in the records of the department.
(b) Whenever a person to whom proof has been surrendered under
subsection (a)(3) applies for an operator's or chauffeur's license or the
registration of a motor vehicle within a period of three (3) years from
the date the proof of financial responsibility was originally required,
the bureau shall reject the application unless the applicant reestablishes
the proof for the remainder of the period.
(b) Subject to subsection (c), a person:
(1) whose driver's license, driving privileges, or registration was suspended and who is required to prove financial responsibility extending into the future in order to have the person's driving privileges reinstated; and
(2) who no longer operates a motor vehicle in Indiana and has become a resident of another state or foreign jurisdiction;
is not required to prove financial responsibility into the future in order to have the person's driver's license, driving privileges, or registration temporarily reinstated to allow licensing or registration in the other state or foreign jurisdiction.
(c) A person described in subsection (b) who, during the three (3) year period following the suspension described in subsection (b)(1), applies to the bureau for a driver's license or registers a motor vehicle in Indiana must maintain proof of future financial responsibility for the unexpired portion of the three (3) year period as required under this article.
(1) operates; or
(2) permits the operation of;
a 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. However, the offense is a Class C misdemeanor if the person knowingly or intentionally violates this section and has a prior unrelated conviction or judgment under this section.
(b) Subsection (a)(2) applies to:
(1) the owner of a rental company under IC 9-25-6-3(f)(1); and
(2) an employer under IC 9-25-6-3(f)(2).
(c) In addition to any other penalty imposed on a person for violating this section, the court
(d) Upon receiving the recommendation of the court under subsection (c), the bureau shall suspend the person's driving privileges for the period recommended by the court. If no suspension is recommended by the court, or if the court recommends a fixed term that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension required under this article.
(1) who is convicted of;
(2) against whom a judgment is entered for;
(3) against whom the bureau has taken administrative action for; or
(4) who the bureau otherwise determines was;
operating a motor vehicle without financial responsibility in violation of this article.
(b) A person described in subsection (a) must provide proof of future financial responsibility for a period of three (3) years beginning on the date on which the suspension of the person's driving privileges terminates.
(1) a certified abstract under IC 9-30-13-0.5 of the record of
conviction of a person for a violation of a law relating to motor
vehicles; or
(2) a judgment or an abstract under IC 9-30-3-11 of a case
resulting in a conviction, judgment, or forfeiture of security
deposit; or
(3) a judgment, abstract, or other court order indicating the
conviction of a person for a violation of a law relating to
motor vehicles;
the bureau shall determine whether the bureau is required under
subsection (b) to send to the person named in the judgment, or abstract,
or other court order a request for evidence of financial responsibility.
(b) The bureau shall send a request for evidence of financial
responsibility to a person referred to in subsection (a) if at least one (1)
of the following applies to the person:
(1) The judgment, or abstract, or other court order referred to in
subsection (a) reports that the person committed a moving traffic
violation for which points are assessed by the bureau under the
point system, and, not more than one (1) year before the date of
the violation referred to in the judgment, or abstract, or other
court order, the person committed at least two (2) previous
moving traffic violations for which points are assessed by the
bureau under the point system.
(2) The judgment, or abstract, or other court order referred to in
subsection (a) reports that the person was convicted of:
(A) a misdemeanor; or
(B) a felony;
involving a motor vehicle.
(3) The judgment, or abstract, or other court order referred to in
subsection (a) reports that the person committed a moving traffic
violation for which points are assessed by the bureau under the
point system and the driver's license driving privileges of the
person was were previously suspended for violation of the
financial responsibility requirements of IC 9-25.
(c) The expungement or other removal from a person's record
of an underlying conviction for which the bureau sends to the
person a request for evidence of financial responsibility under this
section does not alter or otherwise affect a penalty imposed by the
bureau on the person for the person's failure to provide evidence
of financial responsibility under this article.
a request for evidence of financial responsibility under section 1 of this
chapter shall direct the insurance company of the person to set forth in
the certificate of compliance the following information concerning the
form of financial responsibility that was in effect with respect to the
motor vehicle: on the date in question:
(1) If a motor vehicle liability policy was in effect, the following:
(A) The name and address of the insurer.
(B) The limits of coverage of the policy.
(C) (B) The identification number applying to the policy.
(C) Dates of coverage of the policy.
(D) A statement confirming Confirmation that financial
responsibility covering the motor vehicle and or operator, as
applicable, was in effect on the date applicable to section 1(b)
of this chapter. in question.
(E) Other information requested by the bureau.
(2) If a bond was in effect, the following:
(A) The name and address of the bond company or surety.
(B) The face amount of the bond.
(C) Dates the bond was in effect.
(D) Other information requested by the bureau.
(3) If self-insurance was in effect under IC 9-25-4-11, the
following:
(A) The date on which the certificate of self-insurance was
issued by the bureau.
(B) The name of the person to whom the certificate of
self-insurance was issued.
(C) Other information requested by the bureau.
(1) a certificate of compliance provided to the bureau under this chapter; or
(2) the failure of a person under this chapter to provide the bureau with a certificate of compliance;
in the appropriate manner provided under