§431:10C-104  Conditions of operation andregistration of motor vehicles.  (a)  Except as provided in section431:10C-105, no person shall operate or use a motor vehicle upon any publicstreet, road, or highway of this State at any time unless such motor vehicle isinsured at all times under a motor vehicle insurance policy.

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

(c)  Any person who violates the provisions ofthis section shall be subject to the provisions of section 431:10C-117(a).

(d)  The provisions of this article shall notapply to any vehicle owned by or registered in the name of any agency of thefederal government, or to any antique motor vehicle as defined in section249-1. [L 1987, c 347, pt of §2; am L 1989, c 195, §31; am L 1996, c 56, §2; amL 1997, c 251, §14]

 

Case Notes

 

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

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

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

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

  Subsection (b) applied to defendant, where defendant arguedthat 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 "trafficoffense".  78 H. 33 (App.), 889 P.2d 1092.

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

  State must prove beyond reasonable doubt three elements inorder 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 underthis section; court must presume that borrower of motor vehicle reasonablybelieved vehicle was insured; in order to convict defendant, State must provethat 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, enforcementofficers, and the prosecutor's office to follow.  86 H. 331 (App.), 949 P.2d171.

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