SF 2213

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public safety; providing for enforcement 
  1.3             of requirement that drivers provide proof of 
  1.4             automobile insurance; permitting drivers to avoid 
  1.5             penalties by providing proof of insurance on date of 
  1.6             first court appearance rather than within ten days 
  1.7             after officer's demand for proof; amending Minnesota 
  1.8             Statutes 1994, sections 169.791, subdivisions 2a, 3, 
  1.9             and 4; and 169.792, subdivisions 1, 2, 3, 5, and 6.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 169.791, 
  1.12  subdivision 2a, is amended to read: 
  1.13     Subd. 2a.  [LATER PRODUCTION OF PROOF BY DRIVER WHO IS 
  1.14  OWNER.] A driver who is the owner of the vehicle may, within ten 
  1.15  days after the demand no later than the date and time specified 
  1.16  in the citation for the driver's first court appearance, produce 
  1.17  proof of insurance stating that security had been provided for 
  1.18  the vehicle that was being operated at the time of the demand to 
  1.19  the court administrator.  The required proof of insurance may be 
  1.20  sent by mail by the driver as long as it is received within ten 
  1.21  days no later than the date and time specified in the citation 
  1.22  for the driver's first court appearance.  If a citation is 
  1.23  issued, no person shall be convicted of violating this section 
  1.24  if the court administrator receives the required proof of 
  1.25  insurance within ten days of the issuance of the citation no 
  1.26  later than the date and time specified in the citation for the 
  1.27  driver's first court appearance.  If the charge is made other 
  2.1   than by citation, no person shall be convicted of violating this 
  2.2   section if the person presents the required proof of insurance 
  2.3   at the person's first court appearance after the charge is made. 
  2.4      Sec. 2.  Minnesota Statutes 1994, section 169.791, 
  2.5   subdivision 3, is amended to read: 
  2.6      Subd. 3.  [LATER PRODUCTION OF INFORMATION BY DRIVER WHO IS 
  2.7   NOT OWNER.] If the driver is not the owner of the vehicle, the 
  2.8   driver shall, within ten days of the officer's demand no later 
  2.9   than the date and time specified in the citation for the 
  2.10  driver's first court appearance, provide the district court 
  2.11  administrator with proof of insurance or the name and address of 
  2.12  the owner.  Upon receipt of the name and address of the owner, 
  2.13  the district court administrator shall communicate the 
  2.14  information to the law enforcement agency. 
  2.15     Sec. 3.  Minnesota Statutes 1994, section 169.791, 
  2.16  subdivision 4, is amended to read: 
  2.17     Subd. 4.  [REQUIREMENT FOR OWNER WHO IS NOT DRIVER.] If the 
  2.18  driver is not the owner of the vehicle, the officer may send or 
  2.19  provide a notice to the owner of the vehicle requiring the owner 
  2.20  to produce proof of insurance for the vehicle that was being 
  2.21  operated at the time of the demand.  Notice by mail is presumed 
  2.22  to be received five days after mailing and shall be sent to the 
  2.23  owner's current address or the address listed on the owner's 
  2.24  driver's license.  Within ten days after receipt of the notice, 
  2.25  the owner shall produce the required proof of insurance to the 
  2.26  place stated in the notice received by the owner.  The required 
  2.27  proof of insurance may be sent by mail by the owner as long as 
  2.28  it is received within ten days.  Any owner who fails to produce 
  2.29  proof of insurance within ten days of an officer's request under 
  2.30  this subdivision is guilty of a misdemeanor.  The peace officer 
  2.31  may mail the citation to the owner's current address or address 
  2.32  stated on the owner's driver's license.  It is an affirmative 
  2.33  defense to a charge against the owner that the driver used the 
  2.34  owner's vehicle without consent, if insurance would not have 
  2.35  been required in the absence of the unauthorized use by the 
  2.36  driver.  It is not a defense that a person failed to notify the 
  3.1   department of public safety of a change of name or address as 
  3.2   required under section 171.11.  The citation may be sent after 
  3.3   the ten-day period. 
  3.4      Sec. 4.  Minnesota Statutes 1994, section 169.792, 
  3.5   subdivision 1, is amended to read: 
  3.6      Subdivision 1.  [IMPLIED CONSENT.] Any driver or owner of a 
  3.7   vehicle consents, subject to the provisions of this section and 
  3.8   section 169.791, to the requirement of having possession of 
  3.9   proof of insurance, and to the revocation of the person's 
  3.10  license if the driver or owner does not produce the required 
  3.11  proof of insurance within ten days of an officer's demand no 
  3.12  later than the date and time specified in the citation for the 
  3.13  driver's first court appearance, if a citation is issued, or 
  3.14  within ten days of receipt of a written notice, if a written 
  3.15  notice is sent or given.  Any driver of a vehicle who is not the 
  3.16  owner of the vehicle consents, subject to the provisions of this 
  3.17  section and section 169.791, to providing to the officer the 
  3.18  name and address of the owner of the vehicle. 
  3.19     Sec. 5.  Minnesota Statutes 1994, section 169.792, 
  3.20  subdivision 2, is amended to read: 
  3.21     Subd. 2.  [REQUIREMENT FOR DRIVER WHETHER OR NOT OWNER.] 
  3.22  Except as provided in subdivision 3, every driver of a vehicle 
  3.23  shall, within ten days after upon the demand of a peace officer, 
  3.24  produce proof of insurance in force for the vehicle that was 
  3.25  being operated at the time of the demand, to the district court 
  3.26  administrator no later than the date and time specified in the 
  3.27  citation for the driver's first court appearance.  The required 
  3.28  proof of insurance may be sent by the driver by mail as long as 
  3.29  it is received within ten days no later than the date and time 
  3.30  specified in the citation for the driver's first court 
  3.31  appearance.  A driver who is not the owner does not violate this 
  3.32  section unless the driver knew or had reason to know that the 
  3.33  owner did not have proof of insurance required by this section, 
  3.34  provided that the driver provides the officer with the owner's 
  3.35  name and address at the time of the demand or complies with 
  3.36  subdivision 3. 
  4.1      Sec. 6.  Minnesota Statutes 1994, section 169.792, 
  4.2   subdivision 3, is amended to read: 
  4.3      Subd. 3.  [REQUIREMENT FOR DRIVER WHO IS NOT OWNER.] If the 
  4.4   driver is not the owner of the vehicle, then the driver shall 
  4.5   provide the officer with the name and address of the owner at 
  4.6   the time of the demand or shall within ten days of the officer's 
  4.7   demand, no later than the date and time specified in the 
  4.8   citation for the driver's first court appearance, provide the 
  4.9   district court administrator with proof of insurance or the name 
  4.10  and address of the owner.  Upon receipt of the owner's name and 
  4.11  address, the district court administrator shall forward the 
  4.12  information to the law enforcement agency.  If the name and 
  4.13  address received from the driver do not match information 
  4.14  available to the district court administrator, the district 
  4.15  court administrator shall notify the law enforcement agency of 
  4.16  the discrepancy.  
  4.17     Sec. 7.  Minnesota Statutes 1994, section 169.792, 
  4.18  subdivision 5, is amended to read: 
  4.19     Subd. 5.  [WRITTEN NOTICE.] (a) When proof of insurance is 
  4.20  demanded and none is in possession, the law enforcement agency 
  4.21  may send or give the driver written notice as provided herein in 
  4.22  this subdivision, unless the officer issues a citation to the 
  4.23  driver under section 169.791 or 169.797.  If the driver is not 
  4.24  the owner and does not produce the required proof of insurance 
  4.25  within ten days of the demand, the law enforcement agency may 
  4.26  send or give written notice to the owner of the vehicle.  
  4.27     (b) Within ten days after receipt of the notice, if given, 
  4.28  the driver or owner shall produce the required proof of 
  4.29  insurance to the place stated in the notice.  Notice to the 
  4.30  driver or owner by mail is presumed to be received within five 
  4.31  days after mailing.  It is not a defense that a person failed to 
  4.32  notify the department of public safety of a change of name or 
  4.33  address as required under section 171.11. 
  4.34     (c) The department of public safety shall prescribe a form 
  4.35  setting forth the written notice to be provided to the driver or 
  4.36  owner.  The department shall, upon request, provide a sample of 
  5.1   the form to any law enforcement agency.  The notice shall 
  5.2   provide that the driver or owner must produce the proof of 
  5.3   insurance to the law enforcement agency, at the place specified 
  5.4   in the notice.  The notice shall also state: 
  5.5      (1) that Minnesota law requires every driver and owner to 
  5.6   produce an insurance identification card, insurance policy, or 
  5.7   written statement indicating that the vehicle had insurance at 
  5.8   the time of an officer's demand within ten days of the demand, 
  5.9   no later than the date and time specified in the citation for 
  5.10  the driver's first court appearance, if a citation is issued, or 
  5.11  within ten days of receipt of the written notice if a written 
  5.12  notice is sent or given, provided, however, that a driver who 
  5.13  does not own the vehicle shall provide the name and address of 
  5.14  the owner; 
  5.15     (2) that if the driver fails to produce the information 
  5.16  within ten days from the date of demand the required time or if 
  5.17  the owner fails to produce the information within ten days of 
  5.18  receipt of the notice from the peace officer, the commissioner 
  5.19  of public safety shall revoke the person's driver's license or 
  5.20  permit to drive for a minimum of 30 days, and shall revoke the 
  5.21  registration of the vehicle; 
  5.22     (3) that any person who displays or causes another to 
  5.23  display an insurance identification card, insurance policy, or 
  5.24  written statement, knowing that the insurance is not in force, 
  5.25  is guilty of a misdemeanor; and 
  5.26     (4) that any person who alters or makes a fictitious 
  5.27  identification card, insurance policy, or written statement, or 
  5.28  knowingly displays an altered or fictitious identification card, 
  5.29  insurance policy, or written statement, is guilty of a 
  5.30  misdemeanor. 
  5.31     Sec. 8.  Minnesota Statutes 1994, section 169.792, 
  5.32  subdivision 6, is amended to read: 
  5.33     Subd. 6.  [REPORT TO COMMISSIONER OF PUBLIC SAFETY.] If a 
  5.34  driver fails to produce the required proof of insurance or name 
  5.35  and address of the owner within ten days of the demand no later 
  5.36  than the date and time specified in the citation for the 
  6.1   driver's first court appearance, the district court 
  6.2   administrator shall report the failure to the commissioner.  If 
  6.3   an owner who is not the driver fails to produce the required 
  6.4   proof of insurance, or if a driver to whom a citation has not 
  6.5   been issued does not provide proof of insurance or the owner's 
  6.6   name and address, within ten days of receipt of the notice, the 
  6.7   law enforcement agency shall report the failure to the 
  6.8   commissioner.  Failure to produce proof of insurance or the 
  6.9   owner's name and address as required by this section must be 
  6.10  reported to the commissioner promptly regardless of the status 
  6.11  or disposition of any related criminal charges. 
  6.12     Sec. 9. [EFFECTIVE DATE.] 
  6.13     Sections 1 to 8 are effective January 1, 1996, and apply to 
  6.14  demands for proof of insurance made on or after that date.