Section 1601 - Required maintenance of financial responsibility1.Requirement. An operator or owner of a vehicle registered in this State or required to be registered in this State shall maintain the amounts of motor vehicle financial responsibility specified in section 1605. [1999, c. 470, §25(AMD).]
2.Evidence of insurance or financial responsibility. When a law enforcement officer stops an operator for a moving violation or the operator is involved in an accident that must be reported under section 2251, the officer shall request the operator to produce evidence of liability insurance or financial responsibility. Evidence of liability insurance or financial responsibility may be in electronic form, including the display of an image on a portable electronic device. The use of a portable electronic device to provide evidence of liability insurance or financial responsibility in electronic form does not constitute consent for a law enforcement officer to access other contents of the electronic device. [2013, c. 72, §5(AMD).]
3.Failure to produce evidence of insurance. If a person fails to produce evidence of liability insurance or financial responsibility, this failure is prima facie evidence that the person is uninsured and in violation of this section. [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]
3-A.Insurance in effect. A person violates this section if that person produces evidence of liability insurance or financial responsibility that is not in effect. [1997, c. 178, §1(NEW).]
4.Dismissal. A person served with a Violations Summons and Complaint charging a violation of this section may have the complaint dismissed if that person shows satisfactory evidence of liability insurance or financial responsibility that was in effect at the time of the alleged violation. The clerk of the District Court Violations Bureau must dismiss the complaint if, prior to the date required for filing an answer to the complaint, the person charged files a copy of the Violation Summons and Complaint with the bureau, together with satisfactory evidence of liability insurance or financial responsibility that was in effect at the time of the alleged violation. If a person files a timely answer to a Violations Summons and Complaint alleging a violation of this section and that person presents to the court at the time of trial satisfactory evidence of liability insurance or financial responsibility that was in effect at the time of the alleged violation, the court must dismiss the complaint. [1999, c. 771, Pt. C, §11(AMD); 1999, c. 771, Pt. D, §§1, 2(AFF).]
5.Penalty. Violation of this section is a traffic infraction, for which a forfeiture of not less than $100 and not more than $500 may be assessed. [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]
6.Suspension. Thirty days after the receipt of an abstract of an adjudication of a violation of this section, the Secretary of State shall suspend:A. The license of that person; [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]B. The registration of a vehicle owned by that person; or [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]C. The right to apply for a driver's license or vehicle registration. [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).] The suspension continues until that person provides proof of financial responsibility to the Secretary of State pursuant to section 1605.
[1997, c. 165, §1(AMD); 1997, c. 176, §1(AMD).]
7.Multiple convictions.[1997, c. 165, §2(RP); 1997, c. 176, §2(RP).]
7-A.Proof of financial responsibility following violation. A person who violates this section is subject to the proof of financial responsibility requirements under section 1605. [1997, c. 683, Pt. A, §18(RPR).]
8.Agent immunity from liability. An insurance agent, broker or agency may not be held liable for an inaccurate insurance identification card if the card was issued based on information contained in the records of that person or was issued based on false or misleading statements made by the insured. [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]
9.Exemption. The provisions of this section do not apply to: A. A governmental vehicle; [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]B. A vehicle owned or controlled by a dealer as defined by chapter 9, subchapter I; or [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]C. A vehicle registered as a vehicle for hire. [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).] [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]
10.Excluded persons. Beginning January 1, 2022, if a person is explicitly excluded by endorsement from coverage on a policy that constitutes proof of financial responsibility under this chapter, the evidence of insurance or financial responsibility under subsection 2 must list the person as a person excluded by the policy. The requirements of this subsection do not apply to a policy that constitutes proof of financial responsibility under this chapter underwritten on a commercial policy form approved for use in this State. [2021, c. 200, §1(NEW).]
Amended by 2021SP1, c. 200,§ 1, eff. 10/18/2021.Amended by 2013, c. 72,§ 5, eff. 10/9/2013.1993, c. 683, §A2 (NEW) . 1993, c. 683, §B5 (AFF) . 1997, c. 165, §§1-3 (AMD) . 1997, c. 176, §§1-3 (AMD) . 1997, c. 178, § 1 (AMD) . 1997, c. 683, §A18 (AMD) . 1999, c. 470, § 25 (AMD) . 1999, c. 771, §§D1,2 (AFF) . 1999, c. 771, §C11 (AMD) .