Certificate of compliance not received from person identified in
accident report; receipt of certificate not indicating financial
responsibility in effect; suspension of license; exceptions
Sec. 3. (a) If the bureau:
(1) does not receive a certificate of compliance from a person
identified under IC 9-25-5-2 within forty (40) days after the
date on which the bureau mailed the request for evidence of
financial responsibility to the person; or
(2) receives a certificate that does not indicate that financial
responsibility was in effect with respect to the motor vehicle
operated by the person on the date of the accident referred to in
IC 9-25-5-2;
the bureau shall take action under subsection (c).
(b) If the bureau:
(1) does not receive a certificate of compliance from a person
presented with a request for evidence of financial responsibility
under IC 9-25-9-1 within forty (40) days after the date on which
the person was presented with the request; or
(2) receives a certificate that does not indicate 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 received by the
bureau under IC 9-25-9-1;
the bureau shall take action under subsection (c).
(c) Under the conditions set forth in subsection (a) or (b), the
bureau shall do the following:
(1) Immediately suspend the person's current driving license or
vehicle registration, or both.
(2) Demand that the person immediately surrender the person's
current driving license or vehicle registration, or both, to the
bureau.
(d) Except as provided in subsection (e), if subsection (a) or (b)
applies to a person, the bureau shall suspend the current driving
license of the person irrespective of the following:
(1) The sale or other disposition of the motor vehicle by the
owner.
(2) The cancellation or expiration of the registration of the
motor vehicle.
(3) An assertion by the person that the person did not own the
motor vehicle and therefore had no control over whether
financial responsibility was in effect with respect to the motor
vehicle.
(e) The bureau shall not suspend the current driving license of a
person to which subsection (a) or subsection (b) applies if the person,
through a certificate of compliance or another communication with
the bureau, establishes to the satisfaction of the bureau that the motor
vehicle that the person was operating when the accident referred to
in subsection (a) took place or when the violation referred to in
subsection (b) was committed was:
(1) rented from a rental company; or
(2) owned by the person's employer and operated by the person
in the normal course of the person's employment.
As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.7;
P.L.268-2003, SEC.31.
Last modified: May 27, 2006