Introduced By: Senators Kells and Bates
Date Introduced : January 21, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-47-8 and 31-47-9 of the General Laws in Chapter 31-47 entitled "Motor Vehicle Reparations Act" are hereby amended to read as follows:
31-47-8. Revocation of registrations -- Drivers' licenses
and nonresident privileges. -- (a) (1) The registrar,
upon receipt of evidence as provided for in section 31-47-17,
that financial security for any motor vehicle registered in this
state is no longer in effect, {DEL shall DEL} {ADD may ADD}
within seven (7) days revoke the registration of such vehicle.
(2) The motor vehicle shall not be registered or reregistered in the name of the person, or in any other name where the registrar has reasonable grounds to believe that the registration or reregistration will have the effect of defeating the purposes of this chapter, and no other motor vehicle shall be registered in the name of the person, for a period of thirty (30) days from the date of the revocation.
(b) (1) The registrar, upon receipt of evidence that the owner
of a motor vehicle registered in this state has operated or permitted
a motor vehicle to be operated upon the public highways of this
or any other state while financial security was not in effect
with respect to the vehicle, {DEL shall DEL} {ADD may ADD}
revoke the registration of the vehicle and the driver's license,
if any, of the owner.
(2) The motor vehicle shall not be registered in the name of the person or in any other name where the registrar has reasonable grounds to believe that the registration will have the effect of defeating the purpose of this chapter, and no other motor vehicle shall be registered in the name of the person, nor any driver's license issued to the person, for a period of three (3) months from the date of the revocation.
(c) (1) The registrar, upon receipt of evidence that a person,
other than the owner, has operated upon the public highways of
this state a motor vehicle registered in this state with knowledge
that financial security was not in effect with respect to the
vehicle, {DEL shall DEL} {ADD may ADD} revoke the driver's
license of the person, or if he or she is a nonresident, the nonresident
driving privileges of the person.
(2) No new driver's license {DEL shall DEL} {ADD may ADD}
be issued, or nonresident driving privilege restored to the person
for a period of {ADD one (1) to ADD} three (3) months from the date
of the revocation.
(3) Subsection (c) shall not apply to any person who at the time of operation of the motor vehicle, had in effect an operator's policy of liability insurance, as hereinafter defined, with respect to his or her operation of the vehicle.
(d) (1) The registrar, upon receipt of evidence that the owner
of a motor vehicle not registered in this state has operated or
permitted a motor vehicle to be operated upon the public highways
of this state while financial security was not in effect with
respect to the vehicle, {DEL shall DEL} {ADD may ADD} revoke
the person's privilege to operate any motor vehicle in this state
and the privilege of the operation within this state of any motor
vehicle owned by him or her.
(2) The nonresident privilege {DEL shall DEL} {ADD may ADD}
not be restored for a period of {ADD one (1) to ADD} three (3) months
from the date of the revocation.
(e) (1) The registrar, upon receipt of evidence that a nonresident,
other than the owner of the vehicle, has operated upon the public
highways of this state a motor vehicle not registered in this
state, with knowledge that financial security was not in effect
with respect to the vehicle, {DEL shall DEL} {ADD may ADD}
revoke the nonresident's privilege to operate any motor vehicle
in this state.
(2) The nonresident privilege {DEL shall DEL} {ADD may ADD}
not be restored for a period of {ADD one (1) to ADD} three (3) months
from the date of the revocation.
(3) Subsection (e) shall not apply to any person who at the time of operation of the motor vehicle had in effect an operator's policy of liability insurance, as hereinafter defined, with respect to his or her operation of the motor vehicle.
(f) Notice of revocation pursuant to this section may be given to the owner of a vehicle registered in this state or to a driver licensed in this state, by mailing the notice to the owner or licensee at the address contained in the certificate of registration for the vehicle owned by the person or to the address contained in his or her driving license. The suspension shall be effective upon receipt of notice and the {ADD one (1) to ADD} 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 certificate
of registration, number plates, or driver's license to the registrar
after revocation thereof or as otherwise provided in this chapter,
{DEL shall DEL} {ADD may ADD} cause the suspension to be continued
for an additional period equal to the number of days between the
suspension date and the actual date of compliance.
(h) An operator's policy of liability insurance, as used in this section, shall mean a policy issued by an insurance carrier duly authorized to transact business in this state which shall insure the person named therein as insured, against loss from the liability imposed upon him or her by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person and injury to or destruction of property arising out of the use by him or her, of any motor vehicle not owned by him or her, subject to the same minimum provisions and approval required by this chapter, with respect to an owner's policy of liability insurance. With respect to a nonresident the policy may also be issued by a nonadmitted insurance carrier provided the requirements of this chapter, with respect to issuance of an owner's policy of liability insurance by the carrier, have been met.
(i) (1) If a motor vehicle has been involved in an accident, and its registration or the driver's license of its operator, or both, have been revoked pursuant to this section, then neither that vehicle nor any other motor vehicle shall be registered or reregistered in the name of its owner or of any other person legally responsible for its use, nor shall any driver's license be issued to the owner, person, or operator until three (3) months have passed since the date of the revocation and, as the case may be, the registrar has received the evidence required by subdivision (c) below.
(2) If a motor vehicle not registered in this state is involved in any accident in this state and the privilege of its operation within the state has been revoked, then neither its owner, any person legally responsible for its, use, nor its operator, shall exercise the privilege of the operation within this state of any motor vehicle until three (3) months have passed since the date of the revocation and, as the case may be, the registrar has received the evidence as required in subsection (i)(3) below.
(3) The evidence referred to in subdivisions (a) and (b) above shall be evidence satisfactory to the registrar.
(i) That no cause of action based upon the accident against the owner, person legally responsible, or operator has been commenced within a period of one year from the date of the accident or a release thereof has been given to the owner, person, or operator; or
(ii) That no judgment arising out of the cause of action for amounts within the limits stated in section 31-47-2(13)(a) against the owner, person, or operator remains unsatisfied.
31-47-9. Penalties. -- (a) Any owner of a motor
vehicle registered in this state who shall knowingly operate the
motor vehicle or knowingly permit it to be operated in this state
without having in full force and effect the financial security
required by the provisions of this chapter, and any other person
who shall operate in this state any motor vehicle registered in
this state with the knowledge that the owner thereof does not
have in full force and effect financial security, except a person
who, at the time of operation of the motor vehicle, had in effect
an operator's policy of liability insurance, as defined in this
chapter, with respect to his or her operation of the vehicle,
{DEL shall DEL} {ADD may ADD} be subject to a mandatory suspension
of license and registration as follows: for a first offense a
supension of {ADD one (1) to ADD} three (3) months and {DEL shall DEL}
{ADD may ADD} be fined {ADD one hundred dollars ($100) up to ADD} five
hundred dollars ($500); for a second offense, a suspension of
six (6) months; and {DEL shall DEL} {ADD may ADD} be fined
five hundred dollars ($500) and for a third and subsequent offense,
a suspension of {ADD up to ADD} one year. Additionally, any person
violating this section a third or subsequent time {DEL shall DEL}
{ADD may ADD} be guilty of a misdemeanor and, upon conviction, {DEL shall DEL}
{ADD may ADD} be fined one thousand dollars ($1,000) and may be imprisoned
for one year or both.
(b) An order of suspension and impoundment of a license or registration, or both, shall state that date on or before which the person is required to surrender the person's license or certificate of registration and registration plates. The person is deemed to have surrendered the license or certificate of registration and registration plates, in compliance with the order, if the person does either of the following:
(1) On or before the date specified in the order, personally delivers the license or certificate of registration and registration plates, or causes the delivery of those items, to the assistant director of motor vehicles or court, whichever issued the order;
(2) Mails the license or certificate of registration and registration plates to the assistant director, in an envelope or container bearing a postmark showing a date no later than the date specified in the order.
(c) The registrar shall not restore any operating privileges or registration rights suspended under this section or return any license, certificate of registration, or registration plates impounded under this 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 operating privileges or registration rights, complies with all of the following:
(1) Pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be increased, upon approval of the registrar, up to an amount not exceeding fifty dollars ($50.00).
(2) Files and maintains proof of financial security. To facilitate the administration of this chapter the clerk of the courts shall notify the assistant director of all persons against whom judgments have been entered arising out of a motor vehicle collision.
SECTION 2. This act shall take effect upon passage.
