2013 Indiana Code TITLE 9. MOTOR VEHICLES ARTICLE 25. FINANCIAL RESPONSIBILITY CHAPTER 9. POST-CONVICTION FINANCIAL RESPONSIBILITY VERIFICATION
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IC 9-25-9
Chapter 9.
Verification
Post-Conviction
Financial
Responsibility
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 9-30-13-0.5 of the record of
conviction of a person for a violation of a law relating to motor
vehicles;
(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; or
(3) a judgment, abstract, or other court order indicating the
conviction of a person for a violation of a law relating to motor
vehicles;
the bureau shall determine whether the bureau is required under
subsection (b) to send to the person named in the judgment, abstract,
or other court order 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, abstract, or other court order 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, abstract, or
other court order, 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, abstract, or other court order 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, abstract, or other court order 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 driving privileges of the person
were previously suspended for violation of the financial
responsibility requirements of IC 9-25.
(c) The expungement or other removal from a person's record of
an underlying conviction for which the bureau sends to the person a
request for evidence of financial responsibility under this section
does not alter or otherwise affect a penalty imposed by the bureau on
the person for the person's failure to provide evidence of financial
responsibility under this article.
As added by P.L.59-1994, SEC.10. Amended by P.L.94-1997, SEC.5;
P.L.125-2012, SEC.283; P.L.59-2013, SEC.32.
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 ensure that the insurance company of
the person 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 article.
(3) Warn the person that failure of the insurance company of the
person to provide evidence of financial responsibility to the
bureau will result in suspension of the person's current driving
privileges or motor vehicle registration, or both, under this
article.
As added by P.L.59-1994, SEC.10. Amended by P.L.125-2012,
SEC.284.
IC 9-25-9-3
Request for evidence of financial responsibility; compliance
Sec. 3. To avoid suspension of driving privileges or motor vehicle
registration suspension under this article, a person presented with a
request for evidence of financial responsibility under section 1 of this
chapter must ensure that the insurance company of the person
provides the bureau with a certificate of compliance indicating that
financial responsibility as required by IC 9-25-4-1 was in effect when
the person committed the violation described in the judgment or
abstract.
As added by P.L.59-1994, SEC.10. Amended by P.L.125-2012,
SEC.285.
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 this chapter shall direct the insurance
company of the person to set forth in the certificate of compliance
the following information concerning the form of financial
responsibility that was in effect on the date in question:
(1) If a motor vehicle liability policy was in effect, the
following:
(A) The name of the insurer.
(B) The identification number applying to the policy.
(C) Dates of coverage of the policy.
(D) Confirmation that financial responsibility covering the
motor vehicle or operator, as applicable, was in effect on the
date in question.
(E) Other information requested by the bureau.
(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.
(C) Dates the bond was in effect.
(D) Other information requested by the bureau.
(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.
(C) Other information requested by the bureau.
As added by P.L.59-1994, SEC.10. Amended by P.L.125-2012,
SEC.286; P.L.59-2013, SEC.33.
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 article 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 article.
(d) A certificate of compliance that is provided to the bureau
under this article 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. Amended by P.L.125-2012,
SEC.287.
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 appropriate manner provided under this article.
As added by P.L.59-1994, SEC.10. Amended by P.L.59-2013,
SEC.34.
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.
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