TITLE 31
Motor and Other vehicles
CHAPTER 31-47
Motor Vehicle Reparations Act
SECTION 31-47-8
§ 31-47-8 Revocation of registrations
Drivers' licenses and nonresident privileges.
(a)(1) The administrator of the division of motor vehicles, upon receipt of
evidence as provided for in § 31-47-17, that financial security for any
motor vehicle registered in this state is no longer in effect, may within seven
(7) days revoke the registration of the vehicle.
(2) The motor vehicle shall not be registered or reregistered
in the name of the person, or in any other name where the administrator of the
division of motor vehicles has reasonable grounds to believe that the
registration or re-registration will have the effect of defeating the purposes
of this chapter, and no other motor vehicle shall be registered in the name of
the person for a period of thirty (30) days from the date of the revocation.
(b)(1) The administrator of the division of motor vehicles,
upon receipt of evidence that the owner of a motor vehicle registered in this
state has operated or permitted a motor vehicle to be operated upon the public
highways of this or any other state while financial security was not in effect
with respect to the vehicle, may revoke the registration of the vehicle and the
driver's license, if any, of the owner.
(2) The motor vehicle shall not be registered in the name of
the person or in any other name where the administrator of the division of
motor vehicles has reasonable grounds to believe that the registration will
have the effect of defeating the purpose of this chapter, and no other motor
vehicle shall be registered in the name of the person, nor any driver's license
issued to the person, for a period of three (3) months from the date of the
revocation.
(c)(1) The administrator of the division of motor vehicles,
upon receipt of evidence that a person, other than the owner, has operated upon
the public highways of this state a motor vehicle registered in this state with
knowledge that financial security was not in effect with respect to the
vehicle, may revoke the driver's license of the person, or if he or she is a
nonresident, the nonresident driving privileges of the person.
(2) No new driver's license may be issued, or nonresident
driving privilege restored to the person for a period of one to three (3)
months from the date of the revocation.
(3) This subsection shall not apply to any person who at the
time of operation of the motor vehicle, had in effect an operator's policy of
liability insurance with respect to his or her operation of the vehicle.
(d)(1) The administrator of the division of motor vehicles,
upon receipt of evidence that the owner of a motor vehicle not registered in
this state has operated or permitted a motor vehicle to be operated upon the
public highways of this state while financial security was not in effect with
respect to the vehicle, may revoke the person's privilege to operate any motor
vehicle in this state and the privilege of the operation within this state of
any motor vehicle owned by him or her.
(2) The nonresident privilege may not be restored for a
period of one to three (3) months from the date of the revocation.
(e)(1) The administrator of the division of motor vehicles,
upon receipt of evidence that a nonresident, other than the owner of the
vehicle, has operated upon the public highways of this state a motor vehicle
not registered in this state, with knowledge that financial security was not in
effect with respect to the vehicle, may revoke the nonresident's privilege to
operate any motor vehicle in this state.
(2) The nonresident privilege may not be restored for a
period of one to three (3) months from the date of the revocation.
(3) This subsection shall not apply to any person who at the
time of operation of the motor vehicle had in effect an operator's policy of
liability insurance with respect to his or her operation of the motor vehicle.
(f) Notice of revocation pursuant to this section may be
given to the owner of a vehicle registered in this state or to a driver
licensed in this state, by mailing the notice to the owner or licensee at the
address contained in the certificate of registration for the vehicle owned by
the person or to the address contained in his or her driving license. The
suspension shall be effective upon receipt of notice and the one to three (3)
month period of suspension shall commence upon receipt of the license,
registration, and registration plates by the division.
(g) Failure of the owner or licensee to deliver a certificate
of registration, number plates, or driver's license to the administrator of the
division of motor vehicles after revocation of it or as otherwise provided in
this chapter, may cause the suspension to be continued for an additional period
equal to the number of days between the suspension date and the actual date of
compliance.
(h) An operator's policy of liability insurance, as used in
this section, shall mean a policy issued by an insurance carrier duly
authorized to transact business in this state which shall insure the person
named in it as insured, against loss from the liability imposed upon him or her
by law for damages, including damages for care and loss of services, because of
bodily injury to or death of any person and injury to or destruction of
property arising out of the use by him or her, of any motor vehicle not owned
by him or her, subject to the same minimum provisions and approval required by
this chapter, with respect to an owner's policy of liability insurance. With
respect to a nonresident the policy may also be issued by a nonadmitted
insurance carrier provided the requirements of this chapter, with respect to
issuance of an owner's policy of liability insurance by the carrier, have been
met.
(i)(1) If a motor vehicle has been involved in an accident,
and its registration or the driver's license of its operator, or both, have
been revoked pursuant to this section, then neither that vehicle nor any other
motor vehicle shall be registered or reregistered in the name of its owner or
of any other person legally responsible for its use, nor shall any driver's
license be issued to the owner, person, or operator until three (3) months have
passed since the date of the revocation and, as the case may be, the
administrator of the division of motor vehicles has received the evidence
required by subdivision (3) of this subsection.
(2) If a motor vehicle not registered in this state is
involved in any accident in this state and the privilege of its operation
within the state has been revoked, then neither its owner, any person legally
responsible for its, use, nor its operator, shall exercise the privilege of the
operation within this state of any motor vehicle until three (3) months have
passed since the date of the revocation and, as the case may be, the
administrator of the division of motor vehicles has received the evidence as
required in subdivision (3) of this subsection.
(3) The evidence referred to in subsections (a) and (b) of
this section shall be evidence satisfactory to the administrator of the
division of motor vehicles:
(i) That no cause of action based upon the accident against
the owner, person legally responsible, or operator has been commenced within a
period of one year from the date of the accident or a release has been given to
the owner, person, or operator; or
(ii) That no judgment arising out of the cause of action for
amounts within the limits stated in § 31-47-2(13)(i)(A) against the owner,
person, or operator remains unsatisfied.
History of Section.
(P.L. 1991, ch. 167, § 1; P.L. 1998, ch. 229, § 1; P.L. 1998, ch.
440, § 1.)