§431:10C-104 - Conditions of operation and registration of motor vehicles.

§431:10C-104 Conditions of operation and
registration of motor vehicles. (a) Except as provided in section
431:10C-105, no person shall operate or use a motor vehicle upon any public
street, road, or highway of this State at any time unless such motor vehicle is
insured at all times under a motor vehicle insurance policy.

(b) Every owner of a motor vehicle used or
operated at any time upon any public street, road, or highway of this State
shall obtain a motor vehicle insurance policy upon such vehicle which provides
the coverage required by this article and shall maintain the motor vehicle
insurance policy at all times for the entire motor vehicle registration period.

(d) The provisions of this article shall not
apply to any vehicle owned by or registered in the name of any agency of the
federal government, or to any antique motor vehicle as defined in section
249-1. [L 1987, c 347, pt of §2; am L 1989, c 195, §31; am L 1996, c 56, §2; am
L 1997, c 251, §14]

Case Notes

Car rental company's use limitation provision not violative
of compliance with minimum insurance requirements as limitation provision is
proper exercise of company's authority to restrict scope of a renter's
permissive use. 82 H. 351, 922 P.2d 964.

Section requires motor vehicle owner to insure vehicle for
periods and amounts established; it does not mandate that insurers provide
coverage for any and all accidents that occur on a public road, street, or
highway. 82 H. 351, 922 P.2d 964.

Against public policy for rent-a-car company vehicle owner to
acquire coverage for its vehicles as required by subsection (b) by
contractually shifting primary responsibility for providing minimum insurance
coverage to permissive user's policy and providing liability coverage under the
unilateral contract with the permissive user only where user's personal
insurance policy is insufficient to meet the minimum statutorily required
amount. 88 H. 274, 965 P.2d 1274.

Obtaining insurance after trial has concluded is an
insufficient basis to obtain either a new trial, an amended judgment, or relief
from judgment under this section. 90 H. 441, 978 P.2d 879.

Subsection (b) applied to defendant, where defendant argued
that traffic statutes involved only applied to businesses and state vehicles;
subsection (b) did not violate defendant's freedom of movement. 77 H. 222
(App.), 883 P.2d 644.

Driving without no-fault insurance is a "traffic
offense". 78 H. 33 (App.), 889 P.2d 1092.

Even if police had specific articulable facts to believe
defendant committed offense, police were not authorized to order defendant out
of defendant's car, physically arrest defendant, and search defendant incident
thereto. 78 H. 98 (App.), 890 P.2d 685.

State must prove beyond reasonable doubt three elements in
order to convict a driver who is not the owner of the vehicle. 86 H. 331
(App.), 949 P.2d 171.

State of mind of defendant is an element of an offense under
this section; court must presume that borrower of motor vehicle reasonably
believed vehicle was insured; in order to convict defendant, State must prove
that state of mind of a person who borrowed an uninsured motor vehicle was
"knowing" or "reckless". 86 H. 331 (App.), 949 P.2d 171.

When a defendant is charged with a violation of this section,
§805-13 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.

Self-insurance under §431:10C-105 should be considered a
defense, which the prosecution need not disprove unless some evidence to
support the defense has been introduced. 90 H. 130 (App.), 976 P.2d 444.