La. Admin. Code tit. 55 § III-1752

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-1752 - Introduction

A. Effective July 1, 1998, security providers shall report to the Department of Public Safety and Corrections, Office of Motor Vehicles, certain information, on a vehicle by vehicle basis, with certain exceptions, in accordance with the Compulsory Motor Vehicle Liability Security Law (R.S. 32:861 et. seq.) "the compulsory security law" and with these rules and regulations regarding the initiation of liability coverage as well as the termination, withdrawal, cancellation, lapsing or otherwise rendering ineffective of liability coverage.

B. As required by law and these rules and regulations, reports must be made to the department whenever liability security on a vehicle is issued, procured, recalled, reinstated, terminated, canceled or changed from binder status to an active policy number.

C. Such information must be transmitted to the department in an efficient and timely manner in accordance with these rules and regulations.

D. Insurance companies shall not provide information to the department except as required by law or these rules and regulations. Examples of information which will not be submitted to the department include, but are not limited to, the following:

1. information on non-liability coverage such as collision and comprehensive policies;

2. information of liability policies not in compliance with the compulsory security law (such as umbrella policies with excess coverage and non-ownership policies);

3. addition or deletion of other drivers;

4. change of policy number;

5. invalid type use or class.

E. The purpose of the information required is to enforce the Motor Vehicle Safety Responsibility Law (R.S. 32:851 et. seq.) and particularly the compulsory security law (R.S. 32:861 et. seq.). Consistently with this purpose, the information maintained by the department will be provided to a person making proper written request under R.S. 32:863.2.C and R.S. 32:871, only after an accident is reported in accordance with R.S. 32:871. Information will be provided on a single individual or vehicle basis only. In order to preserve the proprietary information of insurance companies, insurance coverage information compiled by company or by zip code, for example, will not be made available to inquirers, nor will the department develop or maintain any composite list by insurance company or insurance company identifier except by count of disposition codes. The department will cooperate fully with the insurance industry in preserving the security of customer lists and related data. The department will initiate criminal prosecution for violations arising out of the wrongful taking or use of information reported under these rules and regulations.

F. The intent of these rules and regulations is to provide a mechanism whereby the liability security coverage for each vehicle subject to the compulsory security law is identified, with the least necessary intrusion into the proprietary interests of liability security providers. To that end the department, responding to the expressed concerns of the insurance industry, has attempted to eliminate unnecessary redundancy in the data required to be reported. To the extent that any adjustments are required in the scope of reportable information, the department solicits the continuing active cooperation of the insurance industry in maintaining the effective operation of the compulsory security law.

G. These rules and regulations permit adjustments to technical specifications. Security providers will be advised by mail (postal, electronic or both) of any changes in the technical specifications of this Section. The department will always attempt to give 90 days notice of these adjustments so that the security provider may have enough time to implement the changes, however, legislative changes or other circumstances may result in notice of less than 90 days. Such mailings may be called "advisory bulletins" or "memorandums" from the Commissioner of the Office of Motor Vehicles. These bulletins or memorandums may also contain clarifications, helpful hints and such additional information as may be deemed applicable to compliance with the compulsory security law. Moreover, in the event that an unusual situation is not covered by these regulations, a reasonable procedure consistent with the compulsory security law will be followed.

H. In cases where, after written notice, a security provider continually fails to supply the information required by R.S. 32:863.2 and these rules and regulations, fees as provided by that statute may be imposed. A security provider will not be charged a fee for providing data based on a reasonable assumption, such as assuming in good faith that the owners drivers license number is the same as the named insureds drivers license number. Special consideration shall be given to unusual problems in compliance, provided in writing.

I. A security provider must notify the department when motor vehicle liability security is issued or procured or after motor vehicle liability security is recalled, reinstated, terminated, canceled or changed from binder status to an active policy number. For initiations and terminations such notification shall be made within 15 business days of the issue date. Notification shall be made in the form required by the department as set forth in these rules and regulations. A separate notice shall be submitted for each vehicle. Failure to properly notify the department may result in administrative fees.

J. Procedural questions concerning this regulation should be referred to (email is the preferred method of communication):

1. Mailing Address:

Louisiana Department of Public Safety and Corrections

Office of Motor Vehicles

Post Office Box 64886

Baton Rouge, LA 70896

Attention: Compulsory Insurance Unit

2. Phone Number: (225) 925-7285 or (225) 925-3731

3. Email: Insurance@dps.la.gov

4. Fax Number: (225) 922-0158

K. Technical questions concerning this regulation should be referred to (email is the preferred method of communication):

1. Mailing Address:

Louisiana Department of Public Safety and Corrections

Data Processing Center

8001 Independence Boulevard

Baton Rouge, LA 70806

Attention: DMB Project Leader

2. Phone Number : (225) 922-2260

3. Email: Insurance@dps.la.gov

4. Fax Number: (225) 925-4019

La. Admin. Code tit. 55, § III-1752

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 30:2844 (December 2004), Amended LR 412668 (12/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:863.2.