Director to notify owners who register vehicles, contents--affidavitcertifying financial responsibility required forregistration--director may use sampling techniques toverify--verification by owner, time--insurers required to submitpolicy information to director, format, use,disclosure--violations by insurer, penalty.
303.026. 1. The director shall inform each owner who registers a motorvehicle of the following:
(1) The existence of the requirement that every motor vehicle owner inthe state must maintain his financial responsibility;
(2) The requirement that every motor vehicle owner show an insuranceidentification card, or a copy thereof, or other proof of financialresponsibility at the time of vehicle registration; this notice shall be givenat least thirty days prior to the month for renewal and shall be shown inbold, colored print;
(3) The penalties which apply to violations of the requirement tomaintain financial responsibility;
(4) The benefits of maintaining coverages in excess of those which arerequired;
(5) The director's authority to conduct samples of Missouri motorvehicle owners to ensure compliance.
2. No motor vehicle owner shall be issued registration for a vehicleunless the owner, or his authorized agent, signs an affidavit provided by thedirector of revenue at the time of registration of the vehicle certifying thatsuch owner has and will maintain, during the period of registration, financialresponsibility with respect to each motor vehicle that is owned, licensed oroperated on the streets or highways. The affidavit need not be notarized, butit shall be acknowledged by the person processing the form. The affidavitshall state clearly and in bold print the following: "Any false affidavit isa crime under section 575.050 of Missouri law.". In addition, every motorvehicle owner shall show proof of such financial responsibility by presentinghis or her insurance identification card, as described in section 303.024, ora copy thereof, or some other proof of financial responsibility in the formprescribed by the director of revenue at the time of registration unless suchowner registers his vehicle in conjunction with a reciprocity agreemententered into by the Missouri highway reciprocity commission pursuant tosections 301.271 to 301.279, RSMo, or unless the owner insures the vehicleaccording to the requirements of the division of motor carrier and railroadsafety pursuant to section 390.126, RSMo.
3. To ensure compliance with this chapter, the director may utilize avariety of sampling techniques including but not limited to random samples ofregistrations subject to this section, uniform traffic tickets, insuranceinformation provided to the director at the time of motor vehicleregistration, and persons who during the preceding year have received adisposition of court-ordered supervision or suspension. The director mayverify the financial responsibility of any person sampled or reported.
(1) Beginning January 1, 2001, the director may require suchinformation, as in his or her discretion is necessary to enforce therequirements of subdivision (1) of subsection 1 of this section, to besubmitted from the person's insurer or insurance company. When requested bythe director of revenue, all licensed insurance companies in this state whichsell private passenger (noncommercial) motor vehicle insurance policies shallreport information regarding the issuance, nonrenewal and cancellation of suchpolicies to the director, excluding policies issued to owners of fleet orrental vehicles or issued on vehicles that are insured pursuant to acommercial line policy. Such information shall be reported electronically ina format as prescribed by the director of the department of revenue by ruleexcept that such rule shall provide for an exemption from electronic reportingfor insurers with a statistically insignificant number of policies in force.
(2) The director may require the data described in subsection 2 ofsection 303.412 to be reported by insurance companies and require reportingperiods of at least once per month. When required by the director of revenue,each insurance company shall provide to the department a record of each policyissued, canceled, terminated or revoked during the period since the previousreport. Nothing in this section shall prohibit insurance companies fromreporting more frequently than once per month.
(3) The director may use reports described in subdivision (1) of thissubsection for sampling purposes as provided in this section.
4. Information provided to the department by an insurance company foruse in accordance with this section is the property of the insurer and is notsubject to disclosure pursuant to chapter 610, RSMo. Such information may beutilized by the department for enforcement of this chapter but may not bedisclosed except that the department shall disclose whether an individual ismaintaining the required insurance coverage upon request of the followingindividuals and agencies only:
(1) The individual;
(2) The parent or legal guardian of an individual if the individual isan unemancipated minor;
(3) The legal guardian of the individual if the individual is legallyincapacitated;
(4) Any person who has power of attorney from the individual;
(5) Any person who submits a notarized release from the individual thatis dated no more than ninety days before the request is made;
(6) Any person claiming loss or injury in a motor vehicle accident inwhich the individual is involved;
(7) The office of the state auditor, for the purpose of conducting anyaudit authorized by law.
5. The director, after consultation with the working group as providedfor in section 303.406, may adopt any rules and regulations necessary to carryout the provisions of subdivisions (1) through (3) of subsection 3 of thissection. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in this sectionshall become effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review, todelay the effective date or to disapprove and annul a rule are subsequentlyheld unconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2000, shall be invalid and void.
6. Any person or agency who knowingly discloses information receivedfrom insurance companies pursuant to this section for any purpose, or to aperson, other than those authorized in this section is guilty of a class Amisdemeanor. No insurer shall be liable to any person for performing itsduties pursuant to this section unless and to the extent the insurer commits awillful and wanton act of omission.
7. The department of revenue shall notify the department of insurance,financial institutions and professional registration of any insurer whoviolates any provisions of this section. The department of insurance,financial institutions and professional registration may, against any insurerwho knowingly fails to comply with this section, assess an administrativepenalty up to five hundred dollars per day of noncompliance. The departmentof insurance, financial institutions and professional registration may excusethe administrative penalty if an assessed insurer provides acceptable proofthat such insurer's noncompliance was inadvertent, accidental or the result ofexcusable neglect. The penalty provisions of this section shall becomeeffective six months after the rule issued pursuant to subsections 3 and 5 ofthis section is* published in the code of state regulations.
8. To verify that financial responsibility is being maintained, thedirector shall notify the owner or operator of the need to provide, withinfifteen days, proof of the existence of the required financial responsibility. The request shall require the owner or the operator to state whether or notthe motor vehicle was insured on the verification date stated in thedirector's request. The request may include but not be limited to a statementof the names and addresses of insurers, policy numbers and expiration date ofinsurance coverage. Failure to provide such information shall result in thesuspension of the registration of the owner's motor vehicle, and whereapplicable, the owner's or the operator's driving privilege, for failing tomeet such requirements, as is provided in this chapter.
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008
Highway reciprocity commission abolished, duties and functions transferred to highways and transportation commission, RSMo 226.008
Director to notify owners who register vehicles, contents--affidavitcertifying financial responsibility required forregistration--director may use sampling techniques toverify--verification by owner, time--insurers required to submitpolicy information to director, format, use,disclosure--violations by insurer, penalty.
303.026. 1. The director shall inform each owner who registers a motorvehicle of the following:
(1) The existence of the requirement that every motor vehicle owner inthe state must maintain his financial responsibility;
(2) The requirement that every motor vehicle owner show an insuranceidentification card, or a copy thereof, or other proof of financialresponsibility at the time of vehicle registration; this notice shall be givenat least thirty days prior to the month for renewal and shall be shown inbold, colored print;
(3) The penalties which apply to violations of the requirement tomaintain financial responsibility;
(4) The benefits of maintaining coverages in excess of those which arerequired;
(5) The director's authority to conduct samples of Missouri motorvehicle owners to ensure compliance.
2. No motor vehicle owner shall be issued registration for a vehicleunless the owner, or his authorized agent, signs an affidavit provided by thedirector of revenue at the time of registration of the vehicle certifying thatsuch owner has and will maintain, during the period of registration, financialresponsibility with respect to each motor vehicle that is owned, licensed oroperated on the streets or highways. The affidavit need not be notarized, butit shall be acknowledged by the person processing the form. The affidavitshall state clearly and in bold print the following: "Any false affidavit isa crime under section 575.050 of Missouri law.". In addition, every motorvehicle owner shall show proof of such financial responsibility by presentinghis or her insurance identification card, as described in section 303.024, ora copy thereof, or some other proof of financial responsibility in the formprescribed by the director of revenue at the time of registration unless suchowner registers his vehicle in conjunction with a reciprocity agreemententered into by the Missouri highway reciprocity commission pursuant tosections 301.271 to 301.279, RSMo, or unless the owner insures the vehicleaccording to the requirements of the division of motor carrier and railroadsafety pursuant to section 390.126, RSMo.
3. To ensure compliance with this chapter, the director may utilize avariety of sampling techniques including but not limited to random samples ofregistrations subject to this section, uniform traffic tickets, insuranceinformation provided to the director at the time of motor vehicleregistration, and persons who during the preceding year have received adisposition of court-ordered supervision or suspension. The director mayverify the financial responsibility of any person sampled or reported.
(1) Beginning January 1, 2001, the director may require suchinformation, as in his or her discretion is necessary to enforce therequirements of subdivision (1) of subsection 1 of this section, to besubmitted from the person's insurer or insurance company. When requested bythe director of revenue, all licensed insurance companies in this state whichsell private passenger (noncommercial) motor vehicle insurance policies shallreport information regarding the issuance, nonrenewal and cancellation of suchpolicies to the director, excluding policies issued to owners of fleet orrental vehicles or issued on vehicles that are insured pursuant to acommercial line policy. Such information shall be reported electronically ina format as prescribed by the director of the department of revenue by ruleexcept that such rule shall provide for an exemption from electronic reportingfor insurers with a statistically insignificant number of policies in force.
(2) The director may require the data described in subsection 2 ofsection 303.412 to be reported by insurance companies and require reportingperiods of at least once per month. When required by the director of revenue,each insurance company shall provide to the department a record of each policyissued, canceled, terminated or revoked during the period since the previousreport. Nothing in this section shall prohibit insurance companies fromreporting more frequently than once per month.
(3) The director may use reports described in subdivision (1) of thissubsection for sampling purposes as provided in this section.
4. Information provided to the department by an insurance company foruse in accordance with this section is the property of the insurer and is notsubject to disclosure pursuant to chapter 610, RSMo. Such information may beutilized by the department for enforcement of this chapter but may not bedisclosed except that the department shall disclose whether an individual ismaintaining the required insurance coverage upon request of the followingindividuals and agencies only:
(1) The individual;
(2) The parent or legal guardian of an individual if the individual isan unemancipated minor;
(3) The legal guardian of the individual if the individual is legallyincapacitated;
(4) Any person who has power of attorney from the individual;
(5) Any person who submits a notarized release from the individual thatis dated no more than ninety days before the request is made;
(6) Any person claiming loss or injury in a motor vehicle accident inwhich the individual is involved;
(7) The office of the state auditor, for the purpose of conducting anyaudit authorized by law.
5. The director, after consultation with the working group as providedfor in section 303.406, may adopt any rules and regulations necessary to carryout the provisions of subdivisions (1) through (3) of subsection 3 of thissection. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in this sectionshall become effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review, todelay the effective date or to disapprove and annul a rule are subsequentlyheld unconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2000, shall be invalid and void.
6. Any person or agency who knowingly discloses information receivedfrom insurance companies pursuant to this section for any purpose, or to aperson, other than those authorized in this section is guilty of a class Amisdemeanor. No insurer shall be liable to any person for performing itsduties pursuant to this section unless and to the extent the insurer commits awillful and wanton act of omission.
7. The department of revenue shall notify the department of insurance,financial institutions and professional registration of any insurer whoviolates any provisions of this section. The department of insurance,financial institutions and professional registration may, against any insurerwho knowingly fails to comply with this section, assess an administrativepenalty up to five hundred dollars per day of noncompliance. The departmentof insurance, financial institutions and professional registration may excusethe administrative penalty if an assessed insurer provides acceptable proofthat such insurer's noncompliance was inadvertent, accidental or the result ofexcusable neglect. The penalty provisions of this section shall becomeeffective six months after the rule issued pursuant to subsections 3 and 5 ofthis section is* published in the code of state regulations.
8. To verify that financial responsibility is being maintained, thedirector shall notify the owner or operator of the need to provide, withinfifteen days, proof of the existence of the required financial responsibility. The request shall require the owner or the operator to state whether or notthe motor vehicle was insured on the verification date stated in thedirector's request. The request may include but not be limited to a statementof the names and addresses of insurers, policy numbers and expiration date ofinsurance coverage. Failure to provide such information shall result in thesuspension of the registration of the owner's motor vehicle, and whereapplicable, the owner's or the operator's driving privilege, for failing tomeet such requirements, as is provided in this chapter.
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008
Highway reciprocity commission abolished, duties and functions transferred to highways and transportation commission, RSMo 226.008
Director to notify owners who register vehicles, contents--affidavitcertifying financial responsibility required forregistration--director may use sampling techniques toverify--verification by owner, time--insurers required to submitpolicy information to director, format, use,disclosure--violations by insurer, penalty.
303.026. 1. The director shall inform each owner who registers a motorvehicle of the following:
(1) The existence of the requirement that every motor vehicle owner inthe state must maintain his financial responsibility;
(2) The requirement that every motor vehicle owner show an insuranceidentification card, or a copy thereof, or other proof of financialresponsibility at the time of vehicle registration; this notice shall be givenat least thirty days prior to the month for renewal and shall be shown inbold, colored print;
(3) The penalties which apply to violations of the requirement tomaintain financial responsibility;
(4) The benefits of maintaining coverages in excess of those which arerequired;
(5) The director's authority to conduct samples of Missouri motorvehicle owners to ensure compliance.
2. No motor vehicle owner shall be issued registration for a vehicleunless the owner, or his authorized agent, signs an affidavit provided by thedirector of revenue at the time of registration of the vehicle certifying thatsuch owner has and will maintain, during the period of registration, financialresponsibility with respect to each motor vehicle that is owned, licensed oroperated on the streets or highways. The affidavit need not be notarized, butit shall be acknowledged by the person processing the form. The affidavitshall state clearly and in bold print the following: "Any false affidavit isa crime under section 575.050 of Missouri law.". In addition, every motorvehicle owner shall show proof of such financial responsibility by presentinghis or her insurance identification card, as described in section 303.024, ora copy thereof, or some other proof of financial responsibility in the formprescribed by the director of revenue at the time of registration unless suchowner registers his vehicle in conjunction with a reciprocity agreemententered into by the Missouri highway reciprocity commission pursuant tosections 301.271 to 301.279, RSMo, or unless the owner insures the vehicleaccording to the requirements of the division of motor carrier and railroadsafety pursuant to section 390.126, RSMo.
3. To ensure compliance with this chapter, the director may utilize avariety of sampling techniques including but not limited to random samples ofregistrations subject to this section, uniform traffic tickets, insuranceinformation provided to the director at the time of motor vehicleregistration, and persons who during the preceding year have received adisposition of court-ordered supervision or suspension. The director mayverify the financial responsibility of any person sampled or reported.
(1) Beginning January 1, 2001, the director may require suchinformation, as in his or her discretion is necessary to enforce therequirements of subdivision (1) of subsection 1 of this section, to besubmitted from the person's insurer or insurance company. When requested bythe director of revenue, all licensed insurance companies in this state whichsell private passenger (noncommercial) motor vehicle insurance policies shallreport information regarding the issuance, nonrenewal and cancellation of suchpolicies to the director, excluding policies issued to owners of fleet orrental vehicles or issued on vehicles that are insured pursuant to acommercial line policy. Such information shall be reported electronically ina format as prescribed by the director of the department of revenue by ruleexcept that such rule shall provide for an exemption from electronic reportingfor insurers with a statistically insignificant number of policies in force.
(2) The director may require the data described in subsection 2 ofsection 303.412 to be reported by insurance companies and require reportingperiods of at least once per month. When required by the director of revenue,each insurance company shall provide to the department a record of each policyissued, canceled, terminated or revoked during the period since the previousreport. Nothing in this section shall prohibit insurance companies fromreporting more frequently than once per month.
(3) The director may use reports described in subdivision (1) of thissubsection for sampling purposes as provided in this section.
4. Information provided to the department by an insurance company foruse in accordance with this section is the property of the insurer and is notsubject to disclosure pursuant to chapter 610, RSMo. Such information may beutilized by the department for enforcement of this chapter but may not bedisclosed except that the department shall disclose whether an individual ismaintaining the required insurance coverage upon request of the followingindividuals and agencies only:
(1) The individual;
(2) The parent or legal guardian of an individual if the individual isan unemancipated minor;
(3) The legal guardian of the individual if the individual is legallyincapacitated;
(4) Any person who has power of attorney from the individual;
(5) Any person who submits a notarized release from the individual thatis dated no more than ninety days before the request is made;
(6) Any person claiming loss or injury in a motor vehicle accident inwhich the individual is involved;
(7) The office of the state auditor, for the purpose of conducting anyaudit authorized by law.
5. The director, after consultation with the working group as providedfor in section 303.406, may adopt any rules and regulations necessary to carryout the provisions of subdivisions (1) through (3) of subsection 3 of thissection. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in this sectionshall become effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review, todelay the effective date or to disapprove and annul a rule are subsequentlyheld unconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2000, shall be invalid and void.
6. Any person or agency who knowingly discloses information receivedfrom insurance companies pursuant to this section for any purpose, or to aperson, other than those authorized in this section is guilty of a class Amisdemeanor. No insurer shall be liable to any person for performing itsduties pursuant to this section unless and to the extent the insurer commits awillful and wanton act of omission.
7. The department of revenue shall notify the department of insurance,financial institutions and professional registration of any insurer whoviolates any provisions of this section. The department of insurance,financial institutions and professional registration may, against any insurerwho knowingly fails to comply with this section, assess an administrativepenalty up to five hundred dollars per day of noncompliance. The departmentof insurance, financial institutions and professional registration may excusethe administrative penalty if an assessed insurer provides acceptable proofthat such insurer's noncompliance was inadvertent, accidental or the result ofexcusable neglect. The penalty provisions of this section shall becomeeffective six months after the rule issued pursuant to subsections 3 and 5 ofthis section is* published in the code of state regulations.
8. To verify that financial responsibility is being maintained, thedirector shall notify the owner or operator of the need to provide, withinfifteen days, proof of the existence of the required financial responsibility. The request shall require the owner or the operator to state whether or notthe motor vehicle was insured on the verification date stated in thedirector's request. The request may include but not be limited to a statementof the names and addresses of insurers, policy numbers and expiration date ofinsurance coverage. Failure to provide such information shall result in thesuspension of the registration of the owner's motor vehicle, and whereapplicable, the owner's or the operator's driving privilege, for failing tomeet such requirements, as is provided in this chapter.
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008
Highway reciprocity commission abolished, duties and functions transferred to highways and transportation commission, RSMo 226.008
