Effective - 01 Jul 2002
303.409. Failure to maintain financial responsibility, notice, right to hearing — suspension, duration, factors, extension for failure to file proof of insurance, maintenance of proof — exception for inoperable or stored motor vehicles. — 1. If the motorist insurance identification database indicates the owner of a registered motor vehicle has, regardless of the owner's operation of such motor vehicle, failed to maintain the financial responsibility required in section 303.025 for two consecutive months, the designated agent shall on behalf of the director inform the owner that the director will suspend the owner's vehicle registration if the owner does not present proof of insurance as prescribed by the director within thirty days from the date of mailing. The designated agent shall not select owners of fleet or rental vehicles or vehicles that are insured pursuant to a commercial line policy for notification to determine motor vehicle liability coverage. The director may prescribe rules and regulations necessary for the implementation of this subsection. The notice issued to the vehicle owner by the designated agent shall be sent to the last known address shown on the department's records. The notice is deemed received three days after mailing. The notice of suspension shall clearly specify the reason and statutory grounds for the suspension and the effective date of the suspension, the right of the person to request a hearing, the procedure for requesting a hearing and the date by which that request for a hearing must be made. The suspension shall become effective thirty days after the subject person is deemed to have received the notice of suspension by first class mail as provided in section 303.041. If the request for a hearing is received prior to the effective date of the suspension, the effective date of the suspension will be stayed until a final order is issued following the hearing; however, any delay in the hearing which is caused or requested by the subject person or counsel representing that person without good cause shown shall not result in a stay of the suspension during the period of delay.
2. Neither the fact that, subsequent to the date of verification, the owner acquired the required liability insurance policy nor the fact that the owner terminated ownership of the motor vehicle shall have any bearing upon the director's decision to suspend. The suspension shall remain in force until termination despite the renewal of registration or acquisition of a new registration for the motor vehicle. The suspension shall also apply to any motor vehicle to which the owner transfers the registration.
3. Upon receipt of notification from the designated agent, the director shall suspend the owner's vehicle registration effective immediately. The suspension period shall be as follows:
(1) If the person's record shows no prior violation, the director shall terminate the suspension upon payment of a reinstatement fee of twenty dollars and submission of proof of insurance, as prescribed by the director;
(2) If the person's record shows one prior violation for failure to maintain financial responsibility within the immediately preceding two years, the director shall terminate the suspension ninety days after its effective date upon payment of a reinstatement fee of two hundred dollars and submission of proof of insurance, as prescribed by the director;
(3) If the person's record shows two or more prior violations for failure to maintain financial responsibility, the period of suspension shall terminate one year after its effective date upon payment of a reinstatement fee of four hundred dollars and submission of proof of insurance, as prescribed by the director.
4. In the event that proof of insurance as prescribed by the director has not been filed with the department of revenue in accordance with this chapter prior to the end of the period of suspension provided in this section, such period of suspension shall be extended until such proof of insurance has been filed. In no event shall filing proof of insurance reduce any period of suspension. If proof of insurance is not maintained during the three-year period following the reinstatement or termination of the suspension, the director shall again suspend the license and motor vehicle registration until proof of insurance is filed or the three-year period has elapsed. In no event shall filing proof of insurance reduce any period of suspension.
5. Notwithstanding the provisions of subsection 1 of this section, the director shall not suspend the registration or registrations of any owner who establishes to the satisfaction of the director that the owner's motor vehicle was inoperable or being stored and not operated on the date proof of financial responsibility is required by the director.
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(L. 1999 S.B. 19 § 4, A.L. 2000 H.B. 1797 merged with H.B. 1948)
Effective 8-28-00 (H.B. 1948); 7-01-02 (H.B. 1797)
Expires 6-30-07
Structure Missouri Revised Statutes
Title XIX - Motor Vehicles, Watercraft and Aviation
Chapter 303 - Motor Vehicle Financial Responsibility Law
Section 303.010 - Title of law.
Section 303.020 - Definitions.
Section 303.022 - Applicability of certain state statutes to motor vehicle liability policies, when.
Section 303.039 - Effective date for sections 303.025 and 303.041.
Section 303.044 - Proof of financial responsibility required for reregistration.
Section 303.045 - Records, where kept — destroyed, when.
Section 303.050 - Security, form and amount — reduced, when.
Section 303.051 - Judgment-creditor entitled to notice of security held.
Section 303.060 - Security deposited with director of revenue — used to pay judgment — return.
Section 303.070 - Operator not subject to security and suspension provisions, when.
Section 303.080 - Where operator has no license or is nonresident, procedure.
Section 303.090 - Report of failure to satisfy judgment — procedure as to nonresident.
Section 303.110 - Suspension not lifted or license renewed, when — effect of bankruptcy.
Section 303.120 - Judgments deemed satisfied, when.
Section 303.130 - License continued on order allowing installment payment of judgment, when.
Section 303.140 - License suspension lifted, when.
Section 303.160 - Proof of financial responsibility, how given.
Section 303.170 - Proof of responsibility by insurance certificate.
Section 303.175 - Motor vehicle liability policy, minimum term, exceptions.
Section 303.179 - Alteration, production or sale of invalid insurance card, misdemeanor.
Section 303.180 - Proof of responsibility by nonresident by insurance certificate, accepted when.
Section 303.190 - Motor vehicle liability policy, contents.
Section 303.210 - Notice of cancellation of insurance to be given director.
Section 303.220 - Certificate of self-insurance — cancelled, when.
Section 303.230 - Surety bond as proof of responsibility.
Section 303.240 - Cash deposit as proof of responsibility.
Section 303.250 - Owner may give proof for employees or family members.
Section 303.260 - Substitution of one proof of responsibility for another.
Section 303.270 - Director may require different proof, when.
Section 303.280 - Release of proof and waiver of proof, when.
Section 303.290 - Director's duties — regulations — judicial review.
Section 303.300 - Driver's records available upon request.
Section 303.310 - Report and decision to be no evidence of negligence — may be evidence, when.
Section 303.315 - Copies of suspension orders, constitute evidence.
Section 303.320 - Vehicle not registered until bona fide transfer.
Section 303.330 - License and registration returned to director, when.
Section 303.340 - Law not to apply to certain automobile insurance policies.
Section 303.350 - Chapter not applicable to government or common carriers.
Section 303.360 - Not to operate retrospectively.
Section 303.370 - Offenses, penalties.