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Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 303

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  303.026.  Director to notify owners who register vehicles, contents — affidavit certifying financial responsibility required for registration — director may use sampling techniques to verify — verification by owner, time — insurers required to submit policy information to director, format, use, disclosure — violations by insurer, penalty. — 1.  The director shall inform each owner who registers a motor vehicle of the following:

  (1)  The existence of the requirement that every motor vehicle owner in the state must maintain his financial responsibility;

  (2)  The requirement that every motor vehicle owner show an insurance identification card, or a copy thereof, or other proof of financial responsibility at the time of vehicle registration; this notice shall be given at least thirty days prior to the month for renewal and shall be shown in bold, colored print;

  (3)  The penalties which apply to violations of the requirement to maintain financial responsibility;

  (4)  The benefits of maintaining coverages in excess of those which are required;

  (5)  The director's authority to conduct samples of Missouri motor vehicle owners to ensure compliance.

  2.  No motor vehicle owner shall be issued registration for a vehicle unless the owner, or his authorized agent, signs an affidavit provided by the director of revenue at the time of registration of the vehicle certifying that such owner has and will maintain, during the period of registration, financial responsibility with respect to each motor vehicle that is owned, licensed or operated on the streets or highways.  The affidavit need not be notarized, but it shall be acknowledged by the person processing the form.  The affidavit shall state clearly and in bold print the following:  "Any false affidavit is a crime under section 575.050 of Missouri law.".  In addition, every motor vehicle owner shall show proof of such financial responsibility by presenting his or her insurance identification card, as described in section 303.024, or a copy thereof, or some other proof of financial responsibility in the form prescribed by the director of revenue at the time of registration unless such owner registers his vehicle in conjunction with a reciprocity agreement entered into by the Missouri highway reciprocity commission pursuant to sections 301.271 to 301.279 or unless the owner insures the vehicle according to the requirements of the division of motor carrier and railroad safety pursuant to section 390.126.

  3.  To ensure compliance with this chapter, the director may utilize a variety of sampling techniques including but not limited to random samples of registrations subject to this section, uniform traffic tickets, insurance information provided to the director at the time of motor vehicle registration, and persons who during the preceding year have received a disposition of court-ordered supervision or suspension.  The director may verify the financial responsibility of any person sampled or reported.

  (1)  Beginning January 1, 2001, the director may require such information, as in his or her discretion is necessary to enforce the requirements of subdivision (1) of subsection 1 of this section, to be submitted from the person's insurer or insurance company.  When requested by the director of revenue, all licensed insurance companies in this state which sell private passenger (noncommercial) motor vehicle insurance policies shall report information regarding the issuance, nonrenewal and cancellation of such policies to the director, excluding policies issued to owners of fleet or rental vehicles or issued on vehicles that are insured pursuant to a commercial line policy.  Such information shall be reported electronically in a format as prescribed by the director of the department of revenue by rule except that such rule shall provide for an exemption from electronic reporting for insurers with a statistically insignificant number of policies in force.

  (2)  When required by the director of revenue, each insurance company shall provide to the department a record of each policy issued, cancelled, terminated or revoked during the period since the previous report.  Nothing in this section shall prohibit insurance companies from reporting more frequently than once per month.

  (3)  The director may use reports described in subdivision (1) of this subsection for sampling purposes as provided in this section.

  4.  Information provided to the department by an insurance company for use in accordance with this section is the property of the insurer and is not subject to disclosure pursuant to chapter 610.  Such information may be utilized by the department for enforcement of this chapter but may not be disclosed except that the department shall disclose whether an individual is maintaining the required insurance coverage upon request of the following individuals and agencies only:

  (1)  The individual;

  (2)  The parent or legal guardian of an individual if the individual is an unemancipated minor;

  (3)  The legal guardian of the individual if the individual is legally incapacitated;

  (4)  Any person who has power of attorney from the individual;

  (5)  Any person who submits a notarized release from the individual that is dated no more than ninety days before the request is made;

  (6)  Any person claiming loss or injury in a motor vehicle accident in which the individual is involved;

  (7)  The office of the state auditor, for the purpose of conducting any audit authorized by law.

  5.  The director may adopt any rules and regulations necessary to carry out the provisions of subdivisions (1) through (3) of subsection 3 of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid and void.

  6.  Any person or agency who knowingly discloses information received from insurance companies pursuant to this section for any purpose, or to a person, other than those authorized in this section is guilty of a class A misdemeanor.  No insurer shall be liable to any person for performing its duties pursuant to this section unless and to the extent the insurer commits a willful and wanton act of omission.

  7.  The department of revenue shall notify the department of commerce and insurance of any insurer who violates any provisions of this section.  The department of commerce and insurance may, against any insurer who knowingly fails to comply with this section, assess an administrative penalty up to five hundred dollars per day of noncompliance.  The department of commerce and insurance may excuse the administrative penalty if an assessed insurer provides acceptable proof that such insurer's noncompliance was inadvertent, accidental or the result of excusable neglect.  The penalty provisions of this section shall become effective six months after the rule issued pursuant to subsections 3 and 5 of this section is published in the code of state regulations.

  8.  To verify that financial responsibility is being maintained, the director shall notify the owner or operator of the need to provide, within fifteen days, proof of the existence of the required financial responsibility.  The request shall require the owner or the operator to state whether or not the motor vehicle was insured on the verification date stated in the director's request.  The request may include but not be limited to a statement of the names and addresses of insurers, policy numbers and expiration date of insurance coverage.  Failure to provide such information shall result in the suspension of the registration of the owner's motor vehicle, and where applicable, the owner's or the operator's driving privilege, for failing to meet such requirements, as is provided in this chapter.

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(L. 1986 S.B. 424, A.L. 1997 H.B. 207, A.L. 1999 S.B. 19, A.L. 2000 H.B. 1797, A.L. 2010 H.B. 1965)

CROSS REFERENCES:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Highway reciprocity commission abolished, duties and functions transferred to highways and transportation commission, 226.008


---- end of effective   28 Aug 2010 ----

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