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 evidence
of financial responsibility
Sec. 1. (a) After the bureau receives:
(1) a certified abstract under IC 9-25-6-8 of the record of
conviction of a person for a violation of a law relating to motor
vehicles; or
(2) a judgment or an abstract under IC 9-30-3-11 of a case
resulting in a conviction, judgment, or forfeiture of security
deposit;
the bureau shall determine whether the bureau is required under
subsection (b) to send to the person named in the judgment or
abstract a request for evidence of financial responsibility.
(b) The bureau shall send a request for evidence of financial
responsibility 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 for
which points are assessed by the bureau under the point system,
and, not more than one (1) year before the date of the violation
referred to in the judgment or abstract, the person committed at
least two (2) previous moving traffic violations for which points
are 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 for
which points are assessed by the bureau under the point system
and the driver's license of the person was previously suspended
for violation of the financial responsibility requirements of
IC 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 responsibility
presented to a person under section 1 of this chapter must do the
following:
(1) Direct the person to provide the bureau with evidence that
financial responsibility was in effect with respect to the motor
vehicle that the person was operating when the person
committed 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 financial
responsibility to the bureau will result in suspension of the
person'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 vehicle
registration suspension under this article, a person presented with a
request for evidence of financial responsibility under section 1 of this
chapter must provide the bureau with a certificate of compliance
indicating that financial responsibility as required by IC 9-25-4-1 was
in effect with respect to the motor vehicle that the person was
operating when the person committed the violation described in the
judgment or abstract. As added by P.L.59-1994, SEC.10.
IC 9-25-9-4 Request for evidence of financial responsibility; required
information
Sec. 4. A person who is presented with a request for evidence of
financial responsibility under section 1 of this chapter shall set forth
in the certificate of compliance the following information concerning
the form of financial responsibility that was in effect with respect to
the motor vehicle:
(1) If a motor vehicle liability policy was in effect, the
following:
(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, the
following:
(A) The date on which the certificate of self-insurance was
issued by the bureau.
(B) The name of the person to whom the certificate of
self-insurance was issued. As added by P.L.59-1994, SEC.10.
IC 9-25-9-5 Signatures on certificate of compliance; information concerning
violations
Sec. 5. (a) A certificate of compliance that is provided to the
bureau under this chapter and that reports the existence of an
insurance 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 to
obtain a certificate of compliance under subsection (a) may not
contain information concerning the violation that resulted in the
request for evidence of financial responsibility.
(c) An officer or agent of an insurer may not request information
concerning a violation that results in a request for evidence of
financial responsibility under this chapter.
(d) A certificate of compliance that is provided to the bureau
under this chapter and that reports the existence of a bond must be
signed 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 this
chapter; or
(2) the failure of a person under this chapter to provide the
bureau with a certificate of compliance;
in the manner provided under IC 9-25-6-1, IC 9-25-6-2, and
IC 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 verification
fund is established to defray expenses incurred by the bureau in
verifying compliance with financial responsibility requirements
under this chapter.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The sources of money for the fund are as follows:
(1) The portion of the driving license reinstatement fee that is
to 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 not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.59-1994, SEC.10.
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 evidence
of financial responsibility
Sec. 1. (a) After the bureau receives:
(1) a certified abstract under IC 9-25-6-8 of the record of
conviction of a person for a violation of a law relating to motor
vehicles; or
(2) a judgment or an abstract under IC 9-30-3-11 of a case
resulting in a conviction, judgment, or forfeiture of security
deposit;
the bureau shall determine whether the bureau is required under
subsection (b) to send to the person named in the judgment or
abstract a request for evidence of financial responsibility.
(b) The bureau shall send a request for evidence of financial
responsibility 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 for
which points are assessed by the bureau under the point system,
and, not more than one (1) year before the date of the violation
referred to in the judgment or abstract, the person committed at
least two (2) previous moving traffic violations for which points
are 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 for
which points are assessed by the bureau under the point system
and the driver's license of the person was previously suspended
for violation of the financial responsibility requirements of
IC 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 responsibility
presented to a person under section 1 of this chapter must do the
following:
(1) Direct the person to provide the bureau with evidence that
financial responsibility was in effect with respect to the motor
vehicle that the person was operating when the person
committed 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 financial
responsibility to the bureau will result in suspension of the
person'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 vehicle
registration suspension under this article, a person presented with a
request for evidence of financial responsibility under section 1 of this
chapter must provide the bureau with a certificate of compliance
indicating that financial responsibility as required by IC 9-25-4-1 was
in effect with respect to the motor vehicle that the person was
operating when the person committed the violation described in the
judgment or abstract. As added by P.L.59-1994, SEC.10.
IC 9-25-9-4 Request for evidence of financial responsibility; required
information
Sec. 4. A person who is presented with a request for evidence of
financial responsibility under section 1 of this chapter shall set forth
in the certificate of compliance the following information concerning
the form of financial responsibility that was in effect with respect to
the motor vehicle:
(1) If a motor vehicle liability policy was in effect, the
following:
(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, the
following:
(A) The date on which the certificate of self-insurance was
issued by the bureau.
(B) The name of the person to whom the certificate of
self-insurance was issued. As added by P.L.59-1994, SEC.10.
IC 9-25-9-5 Signatures on certificate of compliance; information concerning
violations
Sec. 5. (a) A certificate of compliance that is provided to the
bureau under this chapter and that reports the existence of an
insurance 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 to
obtain a certificate of compliance under subsection (a) may not
contain information concerning the violation that resulted in the
request for evidence of financial responsibility.
(c) An officer or agent of an insurer may not request information
concerning a violation that results in a request for evidence of
financial responsibility under this chapter.
(d) A certificate of compliance that is provided to the bureau
under this chapter and that reports the existence of a bond must be
signed 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 this
chapter; or
(2) the failure of a person under this chapter to provide the
bureau with a certificate of compliance;
in the manner provided under IC 9-25-6-1, IC 9-25-6-2, and
IC 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 verification
fund is established to defray expenses incurred by the bureau in
verifying compliance with financial responsibility requirements
under this chapter.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The sources of money for the fund are as follows:
(1) The portion of the driving license reinstatement fee that is
to 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 not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.59-1994, SEC.10.
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 evidence
of financial responsibility
Sec. 1. (a) After the bureau receives:
(1) a certified abstract under IC 9-25-6-8 of the record of
conviction of a person for a violation of a law relating to motor
vehicles; or
(2) a judgment or an abstract under IC 9-30-3-11 of a case
resulting in a conviction, judgment, or forfeiture of security
deposit;
the bureau shall determine whether the bureau is required under
subsection (b) to send to the person named in the judgment or
abstract a request for evidence of financial responsibility.
(b) The bureau shall send a request for evidence of financial
responsibility 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 for
which points are assessed by the bureau under the point system,
and, not more than one (1) year before the date of the violation
referred to in the judgment or abstract, the person committed at
least two (2) previous moving traffic violations for which points
are 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 for
which points are assessed by the bureau under the point system
and the driver's license of the person was previously suspended
for violation of the financial responsibility requirements of
IC 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 responsibility
presented to a person under section 1 of this chapter must do the
following:
(1) Direct the person to provide the bureau with evidence that
financial responsibility was in effect with respect to the motor
vehicle that the person was operating when the person
committed 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 financial
responsibility to the bureau will result in suspension of the
person'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 vehicle
registration suspension under this article, a person presented with a
request for evidence of financial responsibility under section 1 of this
chapter must provide the bureau with a certificate of compliance
indicating that financial responsibility as required by IC 9-25-4-1 was
in effect with respect to the motor vehicle that the person was
operating when the person committed the violation described in the
judgment or abstract. As added by P.L.59-1994, SEC.10.
IC 9-25-9-4 Request for evidence of financial responsibility; required
information
Sec. 4. A person who is presented with a request for evidence of
financial responsibility under section 1 of this chapter shall set forth
in the certificate of compliance the following information concerning
the form of financial responsibility that was in effect with respect to
the motor vehicle:
(1) If a motor vehicle liability policy was in effect, the
following:
(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, the
following:
(A) The date on which the certificate of self-insurance was
issued by the bureau.
(B) The name of the person to whom the certificate of
self-insurance was issued. As added by P.L.59-1994, SEC.10.
IC 9-25-9-5 Signatures on certificate of compliance; information concerning
violations
Sec. 5. (a) A certificate of compliance that is provided to the
bureau under this chapter and that reports the existence of an
insurance 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 to
obtain a certificate of compliance under subsection (a) may not
contain information concerning the violation that resulted in the
request for evidence of financial responsibility.
(c) An officer or agent of an insurer may not request information
concerning a violation that results in a request for evidence of
financial responsibility under this chapter.
(d) A certificate of compliance that is provided to the bureau
under this chapter and that reports the existence of a bond must be
signed 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 this
chapter; or
(2) the failure of a person under this chapter to provide the
bureau with a certificate of compliance;
in the manner provided under IC 9-25-6-1, IC 9-25-6-2, and
IC 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 verification
fund is established to defray expenses incurred by the bureau in
verifying compliance with financial responsibility requirements
under this chapter.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The sources of money for the fund are as follows:
(1) The portion of the driving license reinstatement fee that is
to 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 not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.59-1994, SEC.10.
