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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

169.792 REVOCATION OF LICENSE FOR FAILURE TO PRODUCE PROOF OF
INSURANCE.
    Subdivision 1. Implied consent. Any driver or owner of a vehicle consents, subject to the
provisions of this section and section 169.791, to the requirement of having possession of proof of
insurance, and to the revocation of the person's license if the driver or owner does not produce
the required proof of insurance no later than the date and time specified in the citation for the
driver's first court appearance, if a citation is issued, or within ten days of receipt of a written
notice, if a written notice is sent or given. Any driver of a vehicle who is not the owner of the
vehicle consents, subject to the provisions of this section and section 169.791, to providing to
the officer the name and address of the owner of the vehicle.
    Subd. 2. Requirement for driver whether or not owner. Except as provided in subdivision
3, every driver of a vehicle shall, upon the demand of a peace officer, produce proof of insurance
in force for the vehicle that was being operated at the time of the demand, to the district court
administrator no later than the date and time specified in the citation for the driver's first court
appearance. The required proof of insurance may be sent by the driver by mail as long as it
is received no later than the date and time specified in the citation for the driver's first court
appearance. A driver who is not the owner does not violate this section unless the driver knew
or had reason to know that the owner did not have proof of insurance required by this section,
provided that the driver provides the officer with the owner's name and address at the time of
the demand or complies with subdivision 3.
    Subd. 3. Requirement for driver who is not owner. If the driver is not the owner of the
vehicle, then the driver shall provide the officer with the name and address of the owner at the
time of the demand or shall, no later than the date and time specified in the citation for the
driver's first court appearance, provide the district court administrator with proof of insurance
or the name and address of the owner. Upon receipt of the owner's name and address, the
district court administrator shall forward the information to the law enforcement agency. If the
name and address received from the driver do not match information available to the district
court administrator, the district court administrator shall notify the law enforcement agency of
the discrepancy.
    Subd. 4. Requirement for owner who is not driver. If the driver is not the owner of the
vehicle, the officer may send or provide a notice to the owner requiring the owner to produce proof
of insurance in force at the time of the demand covering the vehicle being operated. The notice
shall be sent to the owner's current address or the address listed on the owner's driver's license.
Within ten days after receipt of the notice, the owner shall produce the required proof of insurance
to the place stated in the notice received by the owner. Notice to the owner by mail is presumed to
be received within five days after mailing. It is not a defense that a person failed to notify the
Department of Public Safety of a change of name or address as required under section 171.11.
    Subd. 5. Written notice. (a) When proof of insurance is demanded and none is in possession,
the law enforcement agency may send or give the driver written notice as provided in this
subdivision, unless the officer issues a citation to the driver under section 169.791 or 169.797.
If the driver is not the owner and does not produce the required proof of insurance within ten
days of the demand, the law enforcement agency may send or give written notice to the owner
of the vehicle.
(b) Within ten days after receipt of the notice, if given, the driver or owner shall produce
the required proof of insurance to the place stated in the notice. Notice to the driver or owner by
mail is presumed to be received within five days after mailing. It is not a defense that a person
failed to notify the Department of Public Safety of a change of name or address as required
under section 171.11.
(c) The Department of Public Safety shall prescribe a form setting forth the written notice
to be provided to the driver or owner. The department shall, upon request, provide a sample of
the form to any law enforcement agency. The notice shall provide that the driver or owner must
produce the proof of insurance to the law enforcement agency, at the place specified in the notice.
The notice shall also state:
(1) that Minnesota law requires every driver and owner to produce an insurance identification
card, insurance policy, or written statement indicating that the vehicle had insurance at the time of
an officer's demand, no later than the date and time specified in the citation for the driver's first
court appearance, if a citation is issued, or within ten days of receipt of the written notice if a
written notice is sent or given, provided, however, that a driver who does not own the vehicle
shall provide the name and address of the owner;
(2) that if the driver fails to produce the information within the required time or if the owner
fails to produce the information within ten days of receipt of the notice from the peace officer, the
commissioner of public safety shall revoke the person's driver's license or permit to drive for a
minimum of 30 days, and shall revoke the registration of the vehicle;
(3) that any person who displays or causes another to display an insurance identification
card, insurance policy, or written statement, knowing that the insurance is not in force, is guilty of
a misdemeanor; and
(4) that any person who alters or makes a fictitious identification card, insurance policy, or
written statement, or knowingly displays an altered or fictitious identification card, insurance
policy, or written statement, is guilty of a misdemeanor.
    Subd. 6. Report to commissioner of public safety. If a driver fails to produce the required
proof of insurance or name and address of the owner no later than the date and time specified
in the citation for the driver's first court appearance, the district court administrator shall report
the failure to the commissioner. If an owner who is not the driver fails to produce the required
proof of insurance, or if a driver to whom a citation has not been issued does not provide proof
of insurance or the owner's name and address, within ten days of receipt of the notice, the law
enforcement agency shall report the failure to the commissioner. Failure to produce proof of
insurance or the owner's name and address as required by this section must be reported to the
commissioner promptly regardless of the status or disposition of any related criminal charges.
    Subd. 7. License revocation. Upon receiving the notification under subdivision 6 or
notification of a conviction for violation of section 169.791, the commissioner shall revoke
the person's driver's license or permit to drive. The revocation shall be effective beginning 14
days after the date of notification by the district court administrator or officer to the Department
of Public Safety. In order to be revoked, notice must have been mailed to the person by the
commissioner at least ten days before the effective date of the revocation. If the person, before
the effective date of the revocation, provides the commissioner with the proof of insurance or
other verifiable insurance information as determined by the commissioner, establishing that the
required insurance covered the vehicle at the time of the original demand, the revocation must not
become effective. Revocation based upon receipt of a notification under subdivision 6 must be
carried out regardless of the status or disposition of any related criminal charge. The person's
driver's license or permit to drive shall be revoked for the longer of: (i) the period provided in
section 169.797, subdivision 4, paragraph (c), including any rules adopted under that paragraph,
or (ii) until the driver or owner files proof of insurance with the Department of Public Safety
satisfactory to the commissioner of public safety. A license must not be revoked more than once
based upon the same demand for proof of insurance.
    Subd. 7a. Early reinstatement. A person whose license or permit has been revoked under
subdivision 7 may obtain a new license or permit before the expiration of the period specified
in subdivision 7 if the person provides to the Department of Public Safety proof of insurance or
other verifiable insurance information as determined by the commissioner, establishing that
insurance covered the vehicle at the time of the original demand and that any required insurance
on any vehicle registered to the person remains in effect. The person shall pay the fee required by
section 171.29, subdivision 2, paragraph (a), before reinstatement. The commissioner shall make
a notation on the person's driving record indicating that the person satisfied the requirements
of this subdivision. A person who knowingly provides false information for purposes of this
subdivision is guilty of a misdemeanor.
    Subd. 8. Administrative and judicial review. At any time during a period of revocation
imposed under this section, a driver or owner may request in writing a review of the order
of revocation by the commissioner. Upon receiving a request, the commissioner or the
commissioner's designee shall review the order, the evidence upon which the order was based,
and any other material information brought to the attention of the commissioner, and determine
whether sufficient cause exists to sustain the order. Within 15 days of receiving the request, the
commissioner shall send the results of the review in writing to the person requesting the review.
The review provided in this subdivision is not subject to the contested case provisions of the
Administrative Procedure Act in sections 14.001 to 14.69.
The availability of administrative review for an order of revocation shall have no effect upon
the availability of judicial review under section 171.19.
    Subd. 9.[Repealed, 1992 c 571 art 14 s 14]
    Subd. 10. Termination of revocation period. Before reinstatement of a driver's license or
permit to drive, the driver or owner shall produce proof of insurance, or other form of verifiable
insurance information as determined by the commissioner, indicating that the driver or owner has
insurance coverage satisfactory to the commissioner. The commissioner may require the insurance
identification card provided to satisfy this subdivision be certified by the insurance carrier to be
noncancelable for a period not to exceed 12 months. The commissioner of public safety may also
require an insurance identification card to be filed with respect to any and all vehicles required to
be insured under section 65B.48 and owned by any person whose driving privileges have been
revoked as provided in this section before reinstating the person's driver's license. A person who
knowingly provides false information for purposes of this subdivision is guilty of a misdemeanor.
    Subd. 11. Exemptions. Buses or other commercial vehicles operated by the Metropolitan
Council, commercial vehicles required to file proof of insurance pursuant to chapter 221, and
school buses as defined in section 171.01, subdivision 45, are exempt from this section.
    Subd. 12. Vehicle registration revocation. If a person whose driver's license or permit is
revoked under subdivision 7 is also the owner of the vehicle, the commissioner shall revoke the
registration of the vehicle at the same time. If the owner of the vehicle does not have a driver's
license or permit to drive, the commissioner shall revoke the registration of the vehicle. The
commissioner shall reinstate registration of the vehicle only upon receiving proof of insurance
or other verifiable insurance information as determined by the commissioner, and proof of
compliance with all other requirements for reinstatement of motor vehicle registration, including
payment of required fees.
History: 1989 c 321 s 11; 1990 c 422 s 10; 1992 c 571 art 14 s 3; 1994 c 628 art 3 s 14;
1996 c 408 art 3 s 5-9; 1998 c 254 art 1 s 60

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