20-279.29. Duration of proof; when proof may be canceled or returned.
The Commissioner shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the Commissioner shall direct and the State Treasurer shall return to the person entitled thereto any money or securities deposited pursuant to this Article as proof of financial responsibility, or the Commissioner shall waive the requirement of filing proof, in any of the following events:
(1) At any time after two years from the date such proof was required when, during the two-year period preceding the request, the Commissioner has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license, registration or nonresident's operating privilege of the person by or for whom such proof was furnished; or
(2) In the event of the death of the person on whose behalf such proof was filed or the permanent incapacity of such person to operate a motor vehicle; or
(3) In the event the person who has given proof surrenders his license to the Commissioner.
Provided, however, that the Commissioner shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied or in the event the person who has filed such bond or deposited such money or securities, has, within one year immediately preceding such request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that he has been released from all of his liability, or has been finally adjudicated not to be liable, for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the Commissioner.
Whenever any person whose proof has been canceled or returned under subdivision (3) of this section applies for a license within a period of two years from the date proof was originally required, any such application shall be refused unless the applicant shall reestablish such proof for the remainder of such two-year period. (1953, c. 1300, s. 29.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 9A - Motor Vehicle Safety and Financial Responsibility Act of 1953.
§ 20-279.2 - Commissioners to administer Article; appeal to court.
§ 20-279.3 - Commissioner to furnish operating record.
§ 20-279.6 - Further exceptions to requirement of security.
§ 20-279.7 - Duration of suspension.
§ 20-279.7A - Forms to carry statement concerning perjury.
§ 20-279.9 - Form and amount of security.
§ 20-279.10 - Custody, disposition and return of security; escheat.
§ 20-279.11 - Matters not to be evidence in civil suits.
§ 20-279.12 - Courts to report nonpayment of judgments.
§ 20-279.13 - Suspension for nonpayment of judgment; exceptions.
§ 20-279.14 - Suspension to continue until judgments satisfied.
§ 20-279.15 - Payment sufficient to satisfy requirements.
§ 20-279.16 - Installment payment of judgments; default.
§ 20-279.18 - Alternate methods of giving proof.
§ 20-279.19 - Certificate of insurance as proof.
§ 20-279.20 - Certificate furnished by nonresident as proof.
§ 20-279.21 - "Motor vehicle liability policy" defined.
§ 20-279.22 - Notice of cancellation or termination of certified policy.
§ 20-279.23 - Article not to affect other policies.
§ 20-279.25 - Money or securities as proof.
§ 20-279.26 - Owner may give proof for others.
§ 20-279.27 - Substitution of proof.
§ 20-279.28 - Other proof may be required.
§ 20-279.29 - Duration of proof; when proof may be canceled or returned.
§ 20-279.30 - Surrender of license.
§ 20-279.31 - Other violations; penalties.
§ 20-279.32A - Exception of school bus drivers.
§ 20-279.33A - Religious organizations; self-insurance.
§ 20-279.35 - Supplemental to motor vehicle laws; repeal of laws in conflict.
§ 20-279.36 - Past application of Article.
§ 20-279.37 - Article not to prevent other process.