CHAPTER 9. POST-CONVICTION FINANCIAL RESPONSIBILITY VERIFICATION
IC 9-25-9
Chapter 9. Post-Conviction Financial Responsibility Verification
IC 9-25-9-1
Receipt of abstract or judgment of conviction; request for evidenceof financial responsibility
Sec. 1. (a) After the bureau receives:
(1) a certified abstract under IC 9-25-6-8 of the record ofconviction of a person for a violation of a law relating to motorvehicles; or
(2) a judgment or an abstract under IC 9-30-3-11 of a caseresulting in a conviction, judgment, or forfeiture of securitydeposit;
the bureau shall determine whether the bureau is required undersubsection (b) to send to the person named in the judgment orabstract a request for evidence of financial responsibility.
(b) The bureau shall send a request for evidence of financialresponsibility to a person referred to in subsection (a) if at least one(1) of the following applies to the person:
(1) The judgment or abstract referred to in subsection (a)reports that the person committed a moving traffic violation forwhich points are assessed by the bureau under the point system,and, not more than one (1) year before the date of the violationreferred to in the judgment or abstract, the person committed atleast two (2) previous moving traffic violations for which pointsare assessed by the bureau under the point system.
(2) The judgment or abstract referred to in subsection (a)reports that the person was convicted of:
(A) a misdemeanor; or
(B) a felony;
involving a motor vehicle.
(3) The judgment or abstract referred to in subsection (a)reports that the person committed a moving traffic violation forwhich points are assessed by the bureau under the point systemand the driver's license of the person was previously suspendedfor violation of the financial responsibility requirements ofIC 9-25.
As added by P.L.59-1994, SEC.10. Amended by P.L.94-1997, SEC.5.
IC 9-25-9-2
Request for evidence of financial responsibility; instructions;warning
Sec. 2. The request for evidence of financial responsibilitypresented to a person under section 1 of this chapter must do thefollowing:
(1) Direct the person to provide the bureau with evidence thatfinancial responsibility was in effect with respect to the motorvehicle that the person was operating when the personcommitted the violation described in the judgment or abstract.
(2) Instruct the person on how to furnish the bureau with
evidence of financial responsibility as specified in this chapter.
(3) Warn the person that failure to furnish evidence of financialresponsibility to the bureau will result in suspension of theperson's current driving license or vehicle registration, or both,under this article.
As added by P.L.59-1994, SEC.10.
IC 9-25-9-3
Request for evidence of financial responsibility; compliance
Sec. 3. To avoid a current driving license suspension or vehicleregistration suspension under this article, a person presented with arequest for evidence of financial responsibility under section 1 of thischapter must provide the bureau with a certificate of complianceindicating that financial responsibility as required by IC 9-25-4-1 wasin effect with respect to the motor vehicle that the person wasoperating when the person committed the violation described in thejudgment or abstract.
As added by P.L.59-1994, SEC.10.
IC 9-25-9-4
Request for evidence of financial responsibility; requiredinformation
Sec. 4. A person who is presented with a request for evidence offinancial responsibility under section 1 of this chapter shall set forthin the certificate of compliance the following information concerningthe form of financial responsibility that was in effect with respect tothe motor vehicle:
(1) If a motor vehicle liability policy was in effect, thefollowing:
(A) The name and address of the insurer.
(B) The limits of coverage of the policy.
(C) The identification number applying to the policy.
(2) If a bond was in effect, the following:
(A) The name and address of the bond company or surety.
(B) The face amount of the bond.
(3) If self-insurance was in effect under IC 9-25-4-11, thefollowing:
(A) The date on which the certificate of self-insurance wasissued by the bureau.
(B) The name of the person to whom the certificate ofself-insurance was issued.
As added by P.L.59-1994, SEC.10.
IC 9-25-9-5
Signatures on certificate of compliance; information concerningviolations
Sec. 5. (a) A certificate of compliance that is provided to thebureau under this chapter and that reports the existence of aninsurance policy must be signed by an officer or agent of the insurer.
(b) The portion of a request for evidence of financial
responsibility that is presented to an officer or agent of an insurer toobtain a certificate of compliance under subsection (a) may notcontain information concerning the violation that resulted in therequest for evidence of financial responsibility.
(c) An officer or agent of an insurer may not request informationconcerning a violation that results in a request for evidence offinancial responsibility under this chapter.
(d) A certificate of compliance that is provided to the bureauunder this chapter and that reports the existence of a bond must besigned by an officer of the bond company or surety.
As added by P.L.59-1994, SEC.10.
IC 9-25-9-6
Responsibilities of bureau
Sec. 6. The bureau shall respond to:
(1) a certificate of compliance provided to the bureau under thischapter; or
(2) the failure of a person under this chapter to provide thebureau with a certificate of compliance;
in the manner provided under IC 9-25-6-1, IC 9-25-6-2, andIC 9-25-6-3.
As added by P.L.59-1994, SEC.10.
IC 9-25-9-7
Financial responsibility compliance verification fund
Sec. 7. (a) The financial responsibility compliance verificationfund is established to defray expenses incurred by the bureau inverifying compliance with financial responsibility requirementsunder this chapter.
(b) The expenses of administering the fund shall be paid frommoney in the fund.
(c) The sources of money for the fund are as follows:
(1) The portion of the driving license reinstatement fee that isto be deposited in the fund under IC 9-29-10-1.
(2) Accrued interest and other investment earnings of the fund.
(3) Appropriations made by the general assembly.
(4) Gifts and donations from any person to the fund.
(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested.
(e) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.59-1994, SEC.10.