§ 31-47-8.1 - Verification of proof of financial security.
SECTION 31-47-8.1
§ 31-47-8.1 Verification of proof offinancial security. – (a) The administrator of the division of motor vehicles shall select randomsamples of registrations of motor vehicles subject to this chapter, or ownersof them, for the purpose of verifying whether or not the motor vehicles haveproof of financial security as defined in this chapter. The administrator ofthe division of motor vehicles shall verify proof of financial security bysending requests for verification to the owner and/or insurer of the randomlyselected motor vehicles.
(b) In addition to general random samples of motor vehicleregistrations, the administrator of the division of motor vehicles shall selectfor verification other random samples, including, but not limited to,registrations of motor vehicles owned by persons:
(1) Whose motor vehicle registrations during the precedingfour (4) years have been suspended pursuant to the provisions of this chapter;
(2) Who during the preceding four (4) years have beenconvicted of violating the provisions of this chapter while operating vehiclesowned by other persons;
(3) Whose driving privileges have been suspended during thepreceding four (4) years; or
(4) Who during the preceding four (4) years acquiredownership of motor vehicles while the registrations of those vehicles under theprevious owners were suspended pursuant to the provisions of this chapter.
(c) Upon receiving certification from the department ofrevenue under § 31-26-6 of the name of an owner or operator of any motorvehicle involved in an accident, the administrator of the division of motorvehicles shall verify whether or not at the time of the accident the motorvehicle was covered by proof of financial security as defined in this chapter.
(d) The administrator of the division of motor vehicles shallsend to owners of randomly selected motor vehicles, or to randomly selectedmotor vehicle owners, requests for information about their motor vehicles andproof of financial security. The request shall require the owner to statewhether or not the motor vehicle had proof of financial security on theverification date stated in the administrator's request and the request mayrequire, but is not limited to, a statement by the owner of the names andaddresses of insurers, policy numbers, and expiration dates of insurancecoverage or similar information as to other types of proof of financialsecurity.
(1) Within twenty (20) days after the administrator of thedivision of motor vehicles mails a request, the owner to whom it is sent shallfurnish the requested information to the administrator of the division of motorvehicles above the owner's signed affirmation that the information is true andcorrect. Proof of financial security in effect on the verification date, asprescribed by the administrator of the division of motor vehicles, may beconsidered by the administrator of the division of motor vehicles to be asatisfactory response to the request for information.
(2) If the owner responds to the request for information byasserting that the motor vehicle was covered by proof of financial security onthe verification date stated in the administrator's request, the administratorof the division of motor vehicles may conduct a verification of the response byfurnishing necessary information to any insurer named in the response. Theinsurer shall within twenty (20) days inform the assistant director if anindividual did not have in force motor vehicle insurance in accordance with theprovisions of this chapter.
If the administrator of the division of motor vehiclesdetermines that an owner has registered or maintained the registration of amotor vehicle without proof of financial security as required by this chapter,the administrator of the division of motor vehicles shall notify the owner andthe owner shall be deemed to have registered or maintained registration of amotor vehicle in violation of this chapter unless the owner within twenty (20)days furnishes proof of financial security in effect on the verification dateas prescribed by the administrator of the division of motor vehicles.
(e) The administrator of the division of motor vehicles maysend to insurers of randomly selected motor vehicles requests for verificationas to whether or not the verification date given for that vehicle is true andaccurate in accordance with the provisions of this chapter.
(1) The insurer shall within twenty (20) days inform theadministrator of the division of motor vehicles if an individual did not havein force motor vehicle insurance in accordance with the provisions of thischapter.
(2) If the insurer informs the administrator of the divisionof motor vehicles that the motor vehicle was not insured by the insurer on theverification date stated in accordance with the provisions of this chapter, theadministrator of the division of motor vehicles shall require the owner to showproof of financial security within twenty (20) days of the administrator'srequest. Any owner who fails to respond to that request shall be deemed to haveregistered or maintained registration of a motor vehicle in violation of thischapter.
(f) The administrator of the division of motor vehicles shallpromulgate regulations for the procedures for verification of proof offinancial security. The administrator of the division of motor vehicles shallalso promulgate rules and regulations for the method in which the randomselection shall be conducted.
(g) No random sample selected under this section shall becategorized on the basis of race, color, religion, sex, national origin,ancestry, age, marital status, disability, economic status or geography.
(h) No verification procedure established under this sectionshall include individual inspections of motor vehicles on a highway solely forthe purpose of verifying the existence of evidence of proof of financialsecurity. The verification procedure shall be based solely upon a review ofdocumentary information.