Failure to maintain financial responsibility, notice, right tohearing--suspension, duration, factors, extension for failure tofile proof of insurance, maintenance of proof--exception forinoperable or stored motor vehicles.
303.409. 1. If the motorist insurance identification databaseindicates the owner of a registered motor vehicle has, regardless of theowner's operation of such motor vehicle, failed to maintain the financialresponsibility required in section 303.025 for two consecutive months, thedesignated agent shall on behalf of the director inform the owner that thedirector will suspend the owner's vehicle registration if the owner doesnot present proof of insurance as prescribed by the director within thirtydays from the date of mailing. The designated agent shall not selectowners of fleet or rental vehicles or vehicles that are insured pursuant toa commercial line policy for notification to determine motor vehicleliability coverage. The director may prescribe rules and regulationsnecessary for the implementation of this subsection. The notice issued tothe vehicle owner by the designated agent shall be sent to the last knownaddress shown on the department's records. The notice is deemed receivedthree days after mailing. The notice of suspension shall clearly specifythe reason and statutory grounds for the suspension and the effective dateof the suspension, the right of the person to request a hearing, theprocedure for requesting a hearing and the date by which that request for ahearing must be made. The suspension shall become effective thirty daysafter the subject person is deemed to have received the notice ofsuspension by first class mail as provided in section 303.041. If therequest for a hearing is received prior to the effective date of thesuspension, the effective date of the suspension will be stayed until afinal order is issued following the hearing; however, any delay in thehearing which is caused or requested by the subject person or counselrepresenting that person without good cause shown shall not result in astay of the suspension during the period of delay.
2. Neither the fact that, subsequent to the date of verification, theowner acquired the required liability insurance policy nor the fact thatthe owner terminated ownership of the motor vehicle shall have any bearingupon the director's decision to suspend. The suspension shall remain inforce until termination despite the renewal of registration or acquisitionof a new registration for the motor vehicle. The suspension shall alsoapply to any motor vehicle to which the owner transfers the registration.
3. Upon receipt of notification from the designated agent, thedirector shall suspend the owner's vehicle registration effectiveimmediately. The suspension period shall be as follows:
(1) If the person's record shows no prior violation, the directorshall terminate the suspension upon payment of a reinstatement fee oftwenty dollars and submission of proof of insurance, as prescribed by thedirector;
(2) If the person's record shows one prior violation for failure tomaintain financial responsibility within the immediately preceding twoyears, the director shall terminate the suspension ninety days after itseffective date upon payment of a reinstatement fee of two hundred dollarsand submission of proof of insurance, as prescribed by the director;
(3) If the person's record shows two or more prior violations forfailure to maintain financial responsibility, the period of suspensionshall terminate one year after its effective date upon payment of areinstatement fee of four hundred dollars and submission of proof ofinsurance, as prescribed by the director.
4. In the event that proof of insurance as prescribed by the directorhas not been filed with the department of revenue in accordance with thischapter prior to the end of the period of suspension provided in thissection, such period of suspension shall be extended until such proof ofinsurance has been filed. In no event shall filing proof of insurancereduce any period of suspension. If proof of insurance is not maintainedduring the three-year period following the reinstatement or termination ofthe suspension, the director shall again suspend the license and motorvehicle registration until proof of insurance is filed or the three-yearperiod has elapsed. In no event shall filing proof of insurance reduce anyperiod of suspension.
5. Notwithstanding the provisions of subsection 1 of this section,the director shall not suspend the registration or registrations of anyowner who establishes to the satisfaction of the director that the owner'smotor vehicle was inoperable or being stored and not operated on the dateproof of financial responsibility is required by the director.
Failure to maintain financial responsibility, notice, right tohearing--suspension, duration, factors, extension for failure tofile proof of insurance, maintenance of proof--exception forinoperable or stored motor vehicles.
303.409. 1. If the motorist insurance identification databaseindicates the owner of a registered motor vehicle has, regardless of theowner's operation of such motor vehicle, failed to maintain the financialresponsibility required in section 303.025 for two consecutive months, thedesignated agent shall on behalf of the director inform the owner that thedirector will suspend the owner's vehicle registration if the owner doesnot present proof of insurance as prescribed by the director within thirtydays from the date of mailing. The designated agent shall not selectowners of fleet or rental vehicles or vehicles that are insured pursuant toa commercial line policy for notification to determine motor vehicleliability coverage. The director may prescribe rules and regulationsnecessary for the implementation of this subsection. The notice issued tothe vehicle owner by the designated agent shall be sent to the last knownaddress shown on the department's records. The notice is deemed receivedthree days after mailing. The notice of suspension shall clearly specifythe reason and statutory grounds for the suspension and the effective dateof the suspension, the right of the person to request a hearing, theprocedure for requesting a hearing and the date by which that request for ahearing must be made. The suspension shall become effective thirty daysafter the subject person is deemed to have received the notice ofsuspension by first class mail as provided in section 303.041. If therequest for a hearing is received prior to the effective date of thesuspension, the effective date of the suspension will be stayed until afinal order is issued following the hearing; however, any delay in thehearing which is caused or requested by the subject person or counselrepresenting that person without good cause shown shall not result in astay of the suspension during the period of delay.
2. Neither the fact that, subsequent to the date of verification, theowner acquired the required liability insurance policy nor the fact thatthe owner terminated ownership of the motor vehicle shall have any bearingupon the director's decision to suspend. The suspension shall remain inforce until termination despite the renewal of registration or acquisitionof a new registration for the motor vehicle. The suspension shall alsoapply to any motor vehicle to which the owner transfers the registration.
3. Upon receipt of notification from the designated agent, thedirector shall suspend the owner's vehicle registration effectiveimmediately. The suspension period shall be as follows:
(1) If the person's record shows no prior violation, the directorshall terminate the suspension upon payment of a reinstatement fee oftwenty dollars and submission of proof of insurance, as prescribed by thedirector;
(2) If the person's record shows one prior violation for failure tomaintain financial responsibility within the immediately preceding twoyears, the director shall terminate the suspension ninety days after itseffective date upon payment of a reinstatement fee of two hundred dollarsand submission of proof of insurance, as prescribed by the director;
(3) If the person's record shows two or more prior violations forfailure to maintain financial responsibility, the period of suspensionshall terminate one year after its effective date upon payment of areinstatement fee of four hundred dollars and submission of proof ofinsurance, as prescribed by the director.
4. In the event that proof of insurance as prescribed by the directorhas not been filed with the department of revenue in accordance with thischapter prior to the end of the period of suspension provided in thissection, such period of suspension shall be extended until such proof ofinsurance has been filed. In no event shall filing proof of insurancereduce any period of suspension. If proof of insurance is not maintainedduring the three-year period following the reinstatement or termination ofthe suspension, the director shall again suspend the license and motorvehicle registration until proof of insurance is filed or the three-yearperiod has elapsed. In no event shall filing proof of insurance reduce anyperiod of suspension.
5. Notwithstanding the provisions of subsection 1 of this section,the director shall not suspend the registration or registrations of anyowner who establishes to the satisfaction of the director that the owner'smotor vehicle was inoperable or being stored and not operated on the dateproof of financial responsibility is required by the director.
Failure to maintain financial responsibility, notice, right tohearing--suspension, duration, factors, extension for failure tofile proof of insurance, maintenance of proof--exception forinoperable or stored motor vehicles.
303.409. 1. If the motorist insurance identification databaseindicates the owner of a registered motor vehicle has, regardless of theowner's operation of such motor vehicle, failed to maintain the financialresponsibility required in section 303.025 for two consecutive months, thedesignated agent shall on behalf of the director inform the owner that thedirector will suspend the owner's vehicle registration if the owner doesnot present proof of insurance as prescribed by the director within thirtydays from the date of mailing. The designated agent shall not selectowners of fleet or rental vehicles or vehicles that are insured pursuant toa commercial line policy for notification to determine motor vehicleliability coverage. The director may prescribe rules and regulationsnecessary for the implementation of this subsection. The notice issued tothe vehicle owner by the designated agent shall be sent to the last knownaddress shown on the department's records. The notice is deemed receivedthree days after mailing. The notice of suspension shall clearly specifythe reason and statutory grounds for the suspension and the effective dateof the suspension, the right of the person to request a hearing, theprocedure for requesting a hearing and the date by which that request for ahearing must be made. The suspension shall become effective thirty daysafter the subject person is deemed to have received the notice ofsuspension by first class mail as provided in section 303.041. If therequest for a hearing is received prior to the effective date of thesuspension, the effective date of the suspension will be stayed until afinal order is issued following the hearing; however, any delay in thehearing which is caused or requested by the subject person or counselrepresenting that person without good cause shown shall not result in astay of the suspension during the period of delay.
2. Neither the fact that, subsequent to the date of verification, theowner acquired the required liability insurance policy nor the fact thatthe owner terminated ownership of the motor vehicle shall have any bearingupon the director's decision to suspend. The suspension shall remain inforce until termination despite the renewal of registration or acquisitionof a new registration for the motor vehicle. The suspension shall alsoapply to any motor vehicle to which the owner transfers the registration.
3. Upon receipt of notification from the designated agent, thedirector shall suspend the owner's vehicle registration effectiveimmediately. The suspension period shall be as follows:
(1) If the person's record shows no prior violation, the directorshall terminate the suspension upon payment of a reinstatement fee oftwenty dollars and submission of proof of insurance, as prescribed by thedirector;
(2) If the person's record shows one prior violation for failure tomaintain financial responsibility within the immediately preceding twoyears, the director shall terminate the suspension ninety days after itseffective date upon payment of a reinstatement fee of two hundred dollarsand submission of proof of insurance, as prescribed by the director;
(3) If the person's record shows two or more prior violations forfailure to maintain financial responsibility, the period of suspensionshall terminate one year after its effective date upon payment of areinstatement fee of four hundred dollars and submission of proof ofinsurance, as prescribed by the director.
4. In the event that proof of insurance as prescribed by the directorhas not been filed with the department of revenue in accordance with thischapter prior to the end of the period of suspension provided in thissection, such period of suspension shall be extended until such proof ofinsurance has been filed. In no event shall filing proof of insurancereduce any period of suspension. If proof of insurance is not maintainedduring the three-year period following the reinstatement or termination ofthe suspension, the director shall again suspend the license and motorvehicle registration until proof of insurance is filed or the three-yearperiod has elapsed. In no event shall filing proof of insurance reduce anyperiod of suspension.
5. Notwithstanding the provisions of subsection 1 of this section,the director shall not suspend the registration or registrations of anyowner who establishes to the satisfaction of the director that the owner'smotor vehicle was inoperable or being stored and not operated on the dateproof of financial responsibility is required by the director.
