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2017 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 12 - Financial Responsibility
Part 2 - Insurance Verification Program ("James Lee Atwood Jr. Law")
§ 55-12-205. Requirements of program.
Universal Citation: TN Code § 55-12-205 (2017)
- The program shall:
- (1) Be an accessible common carrier based system for online electronic verification and data transfers of proof of motor vehicle liability insurance in accordance with IICMVA specifications and standards;
- (2) Verify, on an on-demand basis minus reasonable downtime for system maintenance as agreed upon by the department of revenue, or its designated agent, and the insurer, the liability insurance status of a motor vehicle, whose status is determined:
- (A) As of the time of the inquiry; or
- (B) At other times not exceeding six (6) months prior to the inquiry unless otherwise agreed upon by the commissioner of revenue, or its designated agent, and the insurer;
- (3) (A) In an effort to confirm the liability insurance status of a motor vehicle in instances where the program is unable to verify the liability insurance status, require automobile liability insurers that choose only to utilize the IICMVA model to:
- (i) Accept unknown carrier requests; or
- (ii) Provide upon request either:
- (a) A full book of business as described in § 55-12-207, current to the date of the request; or
- (b) A list of vehicle identification numbers of all vehicles currently insured by the automobile liability insurer;
- (B) The information in subdivision (3)(A)(ii) shall be requested no more frequently than quarterly and the automobile liability insurer may freely choose between the options described in subdivisions (3)(A)(ii)(a) and (b).
- (4) Use, as warranted, multiple data elements to make insurance verification inquiries more accurately by utilizing:
- (A) The automobile liability insurer's NAIC code;
- (B) Vehicle identification numbers;
- (C) Insurance policy numbers or policy key;
- (D) The date of the verification request; and
- (E) Other data elements as set forth in the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification;
- (5) Provide sufficient measures for the security and integrity of data collected by the program;
- (6) Limit the usage of the information obtained through the operation of the program to the department of revenue, the department of safety, the department of commerce and insurance, law enforcement, and the judiciary to effectuate the purposes of this chapter;
- (7) Utilize open data and data transmission standards as determined by the department of revenue by rule;
- (8) Send requests to automobile liability insurers for verification of evidence of financial responsibility via online services established by the automobile liability insurers, or offered through a similar proprietary or common carrier electronic system in compliance with the specifications and standards of the IICMVA;
- (9) Respond to a verification request within a time period established by the department of revenue, or its designated agent, and consistent with the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification; and
- (10) Work in conjunction with existing state programs and systems related to this title if necessary to carry out this part.
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