September 1, 2009. (2) a statutory fee payable to the comptroller for issuance of a certificate of deposit required by Section 601.122. 165, Sec. (b) If the court finds that the transfer is being made in good faith and is not being made to circumvent this chapter, the court shall approve the transfer. 3376), Sec. (2) to a person who is shown as a lienholder on the vehicle's certificate of title on presentation of the certificate of title and an accompanying affidavit from an officer of the lienholder establishing that the debt secured by the vehicle is in default or has matured. If evidence of financial responsibility is required to be filed with the department under this chapter, a motor vehicle liability insurance policy that is to be used as evidence must be certified under Section 601.083 or 601.084. (2) if there is a reasonable probability that a judgment will be rendered, the amount of security sufficient to satisfy any judgment for damages resulting from the accident. Sept. 1, 1995. 165, Sec. (b) The real property required by Subsection (a)(1) must be described in the bond approved by a judge of a court of record. Acts 1995, 74th Leg., ch. 1352 (S.B. RELEASE ON INVOLUNTARY TRANSFER OF TITLE OF IMPOUNDED MOTOR VEHICLE. September 1, 2017. (d) The comptroller shall hold a deposit made under this section to satisfy, in accordance with this chapter, an execution on a judgment issued against the person making the deposit for damages that: (1) result from the ownership, maintenance, use, or operation of a motor vehicle after the date the deposit was made; and, (A) bodily injury to or death of any person, including damages for care and loss of services; or. 18.08, eff. (b) The implementing agencies shall jointly enter into a contract with the selected agent. (b) The department may not require security in an amount: (2) more than the limits prescribed by Section 601.072. 601.296. WebIf the operator or driver is a nonresident, the privilege of operating a motor vehicle within this State and the privilege of the use within this State of a motor vehicle owned by him is suspended unless the operator, driver or owner, or both, deposits security in a sum not less than two hundred dollars or an additional amount as the department Sept. 1, 1995. (B) over which the state has legislative jurisdiction under its police power. A person who breaks the law is guilty of a misdemeanor. 601.166. NOTICE OF SUSPENSION. 11, eff. 165, Sec. (3) the person for whom the evidence of financial responsibility was provided surrenders the person's license and vehicle registration to the department. Disclaimer: These codes may not be the most recent version. (2) the second anniversary of the date security was required under Subdivision (1) if, during that period, an action on the agreement has not been instituted in a court in this state. Sec. The court may grant limited driving privileges to the person only if the person presents proof of financial responsibility and has complied with division (A)(5) of this section, and no court may grant limited driving privileges for the first fifteen days of the suspension. (b) The implementing agencies shall jointly adopt rules to administer this subchapter. IMPOUNDMENT OF MOTOR VEHICLE. Sec. (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. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. (a) A bond or motor vehicle liability insurance policy under this subchapter must: (1) be issued by a surety company or insurance company: (A) authorized to write motor vehicle liability insurance in this state; or, (B) that complies with Subsection (b); and. 601.341. Amended by Acts 2003, 78th Leg., ch. (B) arises out of the ownership, maintenance, or use of a motor vehicle. Sept. 1, 1997. DEPOSIT OF SECURITY; EVIDENCE OF FINANCIAL RESPONSIBILITY. (c) If a person has been previously convicted of an offense under this section, an offense under this section is a misdemeanor punishable by a fine of not less than $350 or more than $1,000. 601.071. If the settlement is made in good faith, the amount of the settlement is deductible from the amounts specified in Section 601.072. Amended by Acts 1997, 75th Leg., ch. (b) Except as provided by Subsection (c), the department shall suspend the resident's driver's license and vehicle registrations if the evidence shows that the resident's operating privilege was suspended in the other state or the province for violation of a financial responsibility law under circumstances that would require the department to suspend a nonresident's operating privilege had the accident occurred in this state. Sec. 601.234. (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 Sec. (2) suspends the vehicle registration of the other person on receipt of a record of a plea of guilty. All investment earnings of the financial responsibility compliance fund shall be credited to the fund. (b) Subsection (a)(3) does not exempt from the requirement of Section 601.051 a person who is operating a vehicle described by that subsection. (3) waive the requirement of filing evidence of financial responsibility. (b) The evidence of financial responsibility applies to a person who becomes subject to Subsection (a)(1) or (2) after the effective date of that evidence. (a) The judge may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books and papers. Web4509.101 Operating of motor vehicle without proof of financial responsibility. Sec. 30, eff. (a) If, after a hearing under this subchapter, the judge determines that there is a reasonable probability that a judgment will be rendered against the person requesting the hearing as a result of the accident, the person may appeal the determination. 30.128, eff. (e) The department may not act under Subsection (a)(1) or (2) if: (1) an action for damages on a liability covered by the evidence of financial responsibility is pending; (2) a judgment for damages on a liability covered by the evidence of financial responsibility is not satisfied; or. Sec. 7, eff. 892 (S.B. WebOperating without driving privileges or in violation of license restrictions in violation of ORS 807.010 (Operating vehicle without driving privileges or in violation of license restrictions). MINIMUM COVERAGE AMOUNTS; EXCLUSIONS. The person is deemed to have surrendered the license or certificate of registration and license plates, in compliance with the order, if the person does either of the following: (a) On or before the date specified in the order, personally delivers the license or certificate of registration and license plates, or causes the delivery of the items, to the registrar; (b) Mails the license or certificate of registration and license plates to the registrar in an envelope or container bearing a postmark showing a date no later than the date specified in the order. 1189, Sec. (a) Cash security may be applied only to the payment of: (1) a judgment rendered against the person on whose behalf the deposit is made for damages arising out of the accident; or. Part 388 [Reserved] Part 389. (d) Suspension of a driver's license and vehicle registrations under this section continues until the resident furnishes evidence of compliance with the financial responsibility law of the other state or the province. SECTION 2. WebNo nonresident shall operate or permit another person to operate in this state a motor vehicle registered to such nonresident unless the nonresident maintains the financial 399 (S.B. June 19, 2009. Sec. 601.153. ISSUANCE OR CONTINUATION OF VEHICLE REGISTRATION. Sec. 601.159. 601.338. (iv) The lapse of proof of financial responsibility was caused by excusable neglect under circumstances that are not likely to recur and do not suggest a purpose to evade the requirements of this chapter. Sept. 1, 1997. (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) "Driver's license" has the meaning assigned by Section 521.001. 1, eff. (2) the person is entitled to a hearing under this subchapter if a written request for a hearing is delivered or mailed to the department not later than the 20th day after the date the notice was personally served or sent. 20.006, eff. Search for lawyers by reviews and ratings. 4 0 obj 1, eff. ADDITIONAL COVERAGE. Webtransportation code. 8, eff. WebOperating Vehicles without Financial Responsibility In Indiana, every driver is required to have insurance coverage of at least $25,000 per person in order to legally operate a vehicle. (3) during the period evidence of financial responsibility must be maintained: (A) operates on a highway a motor vehicle owned by the person; or. (E) All fees, except court costs and those portions of the financial responsibility reinstatement fees as otherwise specified in this division, collected under this section shall be paid into the state treasury to the credit of the financial responsibility compliance fund. 601.161. 1187), Sec. September 1, 2017. 601.001. A statement made by or on behalf of the insured or a violation of the policy does not void the policy. Sec. (3) the date evidence satisfactory to the department is filed with the department of: (A) a release from liability for claims arising out of the accident; (B) a final adjudication that the person is not liable for claims arising out of the accident; or. (b) If, within five years of the violation, the persons operating privileges are again suspended and the persons license again is impounded for a violation of division (A)(1) of this section, a class C suspension of the persons drivers license, commercial drivers license, temporary instruction permit, probationary license, or nonresident operating privilege for the period of time specified in division (B)(3) of section 4510.02 of the Revised Code. ArticlesTags operating a vehicle without financial responsibility. (b) The person receives a traffic ticket indicating that proof of the maintenance of financial responsibility was not produced upon the request of a peace officer or state highway patrol trooper made in accordance with division (D)(2) of this section. Acts 2013, 83rd Leg., R.S., Ch. 6, eff. (c) Notwithstanding Section 601.085, coverage for a motor vehicle under a motor vehicle liability policy for which a person files with the department a certificate of insurance under Subsection (b) may not be canceled unless: (1) the person no longer owns the motor vehicle; (3) the person has a permanent incapacity that renders the person unable to drive the motor vehicle; or. (a) Except as provided in division (D)(1)(b) of this section, any peace officer who, in the performance of the peace officers duties as authorized by law, becomes aware of a person whose license is under an order of suspension, or whose certificate of registration and license plates are under an order of impoundment, pursuant to this section, may confiscate the license, certificate of registration, and license plates, and return them to the registrar. (3) the total amount credited on one or more judgments for damage to or destruction of property of another resulting from one accident equals or exceeds the amount required under Section 601.072(a)(3) to establish financial responsibility. A determination under Section 601.154 or 601.157 that there is a reasonable probability that a judgment will be rendered against a person as a result of an accident may not be introduced in evidence in a suit for damages arising from that accident. The person, within fifteen days after the date of the mailing of notification, shall present proof of financial responsibility, surrender the certificate of registration, license plates, and license to the registrar in a manner set forth in division (A)(4) of this section, or submit the statement required under this section together with other information the person considers appropriate. EXCEPTIONS TO FINANCIAL RESPONSIBILITY REQUIREMENT. (a) As a condition of operating in this state a motor vehicle to which Section 601.051 applies, the operator of the vehicle on request shall provide to a peace officer, as defined by Article 2.12, Code of Criminal Procedure, or a person involved in an accident with the operator evidence of financial responsibility by exhibiting: (1) a motor vehicle liability insurance policy covering the vehicle that satisfies Subchapter D or a photocopy of the policy; (2) a standard proof of motor vehicle liability insurance form prescribed by the Texas Department of Insurance under Section 601.081 and issued by a liability insurer for the motor vehicle; (2-a) an image displayed on a wireless communication device that includes the information required by Section 601.081 as provided by a liability insurer; (3) an insurance binder that confirms the operator is in compliance with this chapter; (4) a surety bond certificate issued under Section 601.121; (5) a certificate of a deposit with the comptroller covering the vehicle issued under Section 601.122; (6) a copy of a certificate of a deposit with the appropriate county judge covering the vehicle issued under Section 601.123; or. % (e) A citation issued for an offense under this section must include an affirmative indication that the peace officer was unable at the time of the alleged offense to verify financial responsibility for the vehicle through the verification program established under Subchapter N. Acts 2017, 85th Leg., R.S., Ch. Acts 1995, 74th Leg., ch. DURATION OF IMPOUNDMENT; RELEASE. (a) Except as provided by Sections 601.333, 601.334, and 601.336, on receipt of a certified copy of a judgment under Section 601.331, the department shall suspend the judgment debtor's: (1) driver's license and vehicle registrations; or. DEPOSIT OF CASH OR CASHIER'S CHECK WITH COUNTY JUDGE. Amended by Acts 1999, 76th Leg., ch. Such person shall pay the cost of the hearing before the registrar, if the registrars order of suspension or impoundment under division (D)(5)(a) or (b) of this section is upheld. Sec. Sec. <> xYn8;(1-)E$M-PcZr}}RlYj"$j!fb^M.*.-*~.\/LoHFg`lV0xq; 601.083. (F) Chapter 119. of the Revised Code applies to this section only to the extent that any provision in that chapter is not clearly inconsistent with this section. INSURANCE POLICY OR BOND; LIMITS. (a) The security required under this subchapter shall be made: (2) through a bond that complies with Section 601.168; or. 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