§805-13  Motor vehicle insurance violation. 
(a)  In all cases of citation for alleged violations of chapter 431:10C or
section 286-116, the court shall hear and dispose of such actions
expeditiously.  Such actions may be severed from any other proceedings to
facilitate immediate disposition.  Continuance of proceedings on motor vehicle
insurance violations may be allowed in the discretion of the court, only after
the court has received evidence that the required insurance on the motor
vehicle involved was in fact in force on the date of the citation, or that the
motor vehicle has been, or is ordered by the court to be, impounded.



(b)  In all cases of citation for alleged
violations of chapter 431:10C or section 286-116 the court shall require the
appearance of the driver cited and the registered owner of the motor vehicle. 
If the registered owner is not the driver, the registered owner shall be cited
by service of the citation on the driver who shall be deemed to be the owner's
agent for purposes of service and by naming the owner jointly with the driver
in the citation.  Where the registered owner is a corporation or association,
an officer or designated agent thereof shall be required to appear.  Where the
registered owner is a partnership, a general partner thereof shall be required
to appear.



(c)  In the case of multiple violations the
court shall, in addition to any other penalty, impose the following penalties:



(1)  Imprisonment of not more than thirty days;



(2)  Suspension or revocation of driver's license of
the driver and of the registered owner;



(3)  Suspension or revocation of the motor vehicle
registration plates of the vehicle involved;



(4)  Impoundment, or impoundment and sale, of the
motor vehicle for the costs of storage and other charges incident to seizure of
the vehicle; or any other cost involved pursuant to section 431:10C-117; or



(5)  Any combination of such penalties.



The court shall impose any other sanction it
finds necessary to remove the vehicle or driver involved from the highways, and
to preclude the driver or registered owner from the continued operation of any
uninsured motor vehicle.



(d)  Upon subsequent hearing ordered by the
court or upon the driver's or registered owner's motion, the court may, in its
discretion, terminate any judgment previously entered under subsection (c) upon
finding that the registered owner and the driver, as applicable, have complied
with chapter 287 with respect to any prior accident as evidenced by a form
properly validated by a police department and:



(1)  Complied with all requirements under chapter
431:10C as evidenced by a motor vehicle insurance identification card and the
insurance policy issued by a licensed insurer; or



(2)  Complied with all requirements under chapter
431:10C as evidenced by a certificate of self-insurance issued by the insurance
commissioner pursuant to section 431:10C-107(d).



(e)  The court may, in its discretion, maintain
continuing jurisdiction following any termination or judgment as provided in
subsection (d), to assure the continued compliance of the registered owner or
driver with chapter 286, 287, or 431:10C. [L 1978, c 91, §3; am L 1980, c 234,
§4; am L 1997, c 251, §57; am L 2001, c 55, §30]



 



Note



 



  Chapter 294 and §§294-8.5 and 294-10 referred to in text are
repealed.  For present provisions on motor vehicle insurance, see chapter 431,
article 10C.



 



Case Notes



 



  Subsection (b) requires that enforcement officers cite the
registered owner as well as the driver of the motor vehicle.  86 H. 331 (App.),
949 P.2d 171.



  When a defendant is charged with a chapter 431:10C violation,
in particular, a §431:10C-104 violation, this section is the proper procedural
statute for the district court, enforcement officers, and the prosecutor's
office to follow.  86 H. 331 (App.), 949 P.2d 171.



  A violation of the procedures set forth in subsection (b) is
not reversible error with respect to the conviction of an operator of an
uninsured vehicle.  90 H. 130 (App.), 976 P.2d 444.



  Where defendant was driving an uninsured vehicle, officer's
failure to cite the registered owner of the vehicle and the district court's
failure to require the registered owner to appear in court did not constitute
reversible error.  107 H. 519 (App.), 115 P.3d 698.