§ 31-47-8 - Revocation of registrations – Drivers' licenses and nonresident privileges.

SECTION 31-47-8

   § 31-47-8  Revocation of registrations– Drivers' licenses and nonresident privileges. – (a) The administrator of the division of motor vehicles, upon receipt ofevidence as provided for in § 31-47-17, that financial security for anymotor vehicle registered in this state is no longer in effect, may within seven(7) days revoke the registration of the vehicle.

   (2) The motor vehicle shall not be registered or reregisteredin the name of the person, or in any other name where the administrator of thedivision of motor vehicles has reasonable grounds to believe that theregistration or re-registration will have the effect of defeating the purposesof this chapter, and no other motor vehicle shall be registered in the name ofthe person for a period of thirty (30) days from the date of the revocation.

   (b) The administrator of the division of motor vehicles, uponreceipt of evidence that the owner of a motor vehicle registered in this statehas operated or permitted a motor vehicle to be operated upon the publichighways of this or any other state while financial security was not in effectwith respect to the vehicle, may revoke the registration of the vehicle and thedriver's license, if any, of the owner.

   (2) The motor vehicle shall not be registered in the name ofthe person or in any other name where the administrator of the division ofmotor vehicles has reasonable grounds to believe that the registration willhave the effect of defeating the purpose of this chapter, and no other motorvehicle shall be registered in the name of the person, nor any driver's licenseissued to the person, for a period of three (3) months from the date of therevocation.

   (c) The administrator of the division of motor vehicles, uponreceipt of evidence that a person, other than the owner, has operated upon thepublic highways of this state a motor vehicle registered in this state withknowledge that financial security was not in effect with respect to thevehicle, may revoke the driver's license of the person, or if he or she is anonresident, the nonresident driving privileges of the person.

   (2) No new driver's license may be issued, or nonresidentdriving privilege restored to the person for a period of one to three (3)months from the date of the revocation.

   (3) This subsection shall not apply to any person who at thetime of operation of the motor vehicle, had in effect an operator's policy ofliability insurance with respect to his or her operation of the vehicle.

   (d) The administrator of the division of motor vehicles, uponreceipt of evidence that the owner of a motor vehicle not registered in thisstate has operated or permitted a motor vehicle to be operated upon the publichighways of this state while financial security was not in effect with respectto the vehicle, may revoke the person's privilege to operate any motor vehiclein this state and the privilege of the operation within this state of any motorvehicle owned by him or her.

   (2) The nonresident privilege may not be restored for aperiod of one to three (3) months from the date of the revocation.

   (e) The administrator of the division of motor vehicles, uponreceipt of evidence that a nonresident, other than the owner of the vehicle,has operated upon the public highways of this state a motor vehicle notregistered in this state, with knowledge that financial security was not ineffect with respect to the vehicle, may revoke the nonresident's privilege tooperate any motor vehicle in this state.

   (2) The nonresident privilege may not be restored for aperiod of one to three (3) months from the date of the revocation.

   (3) This subsection shall not apply to any person who at thetime of operation of the motor vehicle had in effect an operator's policy ofliability insurance with respect to his or her operation of the motor vehicle.

   (f) Notice of revocation pursuant to this section may begiven to the owner of a vehicle registered in this state or to a driverlicensed in this state, by mailing the notice to the owner or licensee at theaddress contained in the certificate of registration for the vehicle owned bythe person or to the address contained in his or her driving license. Thesuspension shall be effective upon receipt of notice and the one to three (3)month period of suspension shall commence upon receipt of the license,registration, and registration plates by the division.

   (g) Failure of the owner or licensee to deliver a certificateof registration, number plates, or driver's license to the administrator of thedivision of motor vehicles after revocation of it or as otherwise provided inthis chapter, may cause the suspension to be continued for an additional periodequal to the number of days between the suspension date and the actual date ofcompliance.

   (h) An operator's policy of liability insurance, as used inthis section, shall mean a policy issued by an insurance carrier dulyauthorized to transact business in this state which shall insure the personnamed in it as insured, against loss from the liability imposed upon him or herby law for damages, including damages for care and loss of services, because ofbodily injury to or death of any person and injury to or destruction ofproperty arising out of the use by him or her, of any motor vehicle not ownedby him or her, subject to the same minimum provisions and approval required bythis chapter, with respect to an owner's policy of liability insurance. Withrespect to a nonresident the policy may also be issued by a nonadmittedinsurance carrier provided the requirements of this chapter, with respect toissuance of an owner's policy of liability insurance by the carrier, have beenmet.

   (i) If a motor vehicle has been involved in an accident, andits registration or the driver's license of its operator, or both, have beenrevoked pursuant to this section, then neither that vehicle nor any other motorvehicle shall be registered or reregistered in the name of its owner or of anyother person legally responsible for its use, nor shall any driver's license beissued to the owner, person, or operator until three (3) months have passedsince the date of the revocation and, as the case may be, the administrator ofthe division of motor vehicles has received the evidence required bysubdivision (3) of this subsection.

   (2) If a motor vehicle not registered in this state isinvolved in any accident in this state and the privilege of its operationwithin the state has been revoked, then neither its owner, any person legallyresponsible for its, use, nor its operator, shall exercise the privilege of theoperation within this state of any motor vehicle until three (3) months havepassed since the date of the revocation and, as the case may be, theadministrator of the division of motor vehicles has received the evidence asrequired in subdivision (3) of this subsection.

   (3) The evidence referred to in subsections (a) and (b) ofthis section shall be evidence satisfactory to the administrator of thedivision of motor vehicles:

   (i) That no cause of action based upon the accident againstthe owner, person legally responsible, or operator has been commenced within aperiod of one year from the date of the accident or a release has been given tothe owner, person, or operator; or

   (ii) That no judgment arising out of the cause of action foramounts within the limits stated in § 31-47-2(13)(i)(A) against the owner,person, or operator remains unsatisfied.