Current through Register Vol. 40, No. 6, March 31, 2022
A driver operating a motor vehicle is required to comply with
the Mandatory Motor Vehicle Liability Insurance Law, Code of Ala.
A driver involved in a motor vehicle incident who was not in compliance with
the Mandatory Motor Vehicle Liability Insurance Law and who was not given a
criminal citation for noncompliance shall be subject to the penalties provided
in Code of Ala. 1975, §
Definitions and Abbreviations
(a) ALEA - The Alabama Law Enforcement
(b) Civil Penalty - A
penalty imposed for a violation of the Mandatory Motor Vehicle Liability
(c) Driver - An
operator of a motor vehicle who is involved in a motor vehicle
(d) Insurance - Liability
insurance required pursuant to Code of Ala. 1975,
(e) MLI - Mandatory Motor Vehicle
Liability Insurance Law. Chapter 7A, Title 32, Code of Ala.
(f) Motor Vehicle
Incident - An incident involving the operator of a motor vehicle where a
traffic citation was issued by a law enforcement officer or the operator of a
motor vehicle was involved in an accident and an accident report was
(g) OIVS - Online Insurance
Verification System, Code of Ala. 1975, §
(h) UTTC - Uniform traffic ticket
and complaint, Code of Ala. 1975, §
Determination of Violation
(a) After a motor
vehicle incident, every UTTC and accident report issued or filed will be
reviewed to determine whether the driver had insurance, and if the driver did
not have insurance, whether the driver was given a citation for no insurance at
the time of the motor vehicle incident. If a driver did not have insurance and
was not issued a citation for failure to comply with MLI, the vehicle and tag
information will be run through OIVS to confirm the vehicle being driven was
not in compliance with MLI.
a driver is found to be driving in violation of MLI and the driver was not
issued a citation at the time of the motor vehicle incident, a civil penalty
will be assessed by ALEA. Notification of the civil penalty will be mailed to
the driver via first class U.S. Mail to the address in ALEA's records or an
address otherwise available to ALEA on the citation or accident
for the Administrative Resolution of the Notice of Assessment of a Civil
A driver assessed a civil penalty
will be notified of the civil penalty and that his or her driver's license will
be suspended for ninety (90) days unless he or she does any of the following:
Pays the civil penalty within forty-five
(45) days of the notice mail date.
payment may be made by mailing a money order or cashier's check payable to the
Alabama Law Enforcement Agency, Department #SF 66, PO Box 830525, Birmingham,
AL 35283-0525 or by Visa or MasterCard by visiting
(ii) A payment of the civil penalty cannot be
made at an ALEA office.
Requests a sixty (60) day extension to pay
the civil penalty within forty-five (45) days of the notice mail date. The
driver must sign a written settlement agreeing to pay the civil penalty before
an extension is granted.
(i) A driver may not
ask for a hearing once an extension is requested.
3. Appeals the civil penalty by filing a
notice of appeal with the agency within forty-five (45) days of the notice mail
(b) The civil
penalty must be paid before a person's driver's license can be
(c) ALEA must receive a
reinstatement fee for a driver to obtain a driver's license once a driver's
license is suspended.
(a) A driver who appeals the assessment of
the civil penalty is entitled to an administrative hearing. In all
administrative hearings conducted pursuant to a request under Code
of Ala. 1975, §
the Hearing Officer designated by the Secretary, in addition to all other
matters required by law to be determined, shall ascertain whether the motor
vehicle being operated at the time of a motor vehicle incident was in
compliance with MLI.
(b) A request
for an administrative hearing may be made by visiting
www.alea.gov/hearingrequest, or by written request either faxed to the number
listed on the civil penalty notification or mailed to Driver License Hearing
Unit, P.O. Box 1471, Montgomery, AL 36102-1471.
(c) The request shall be received by the
department within forty-five (45) days of the notice mail date. Failure to
request an administrative hearing within the prescribed time shall constitute a
waiver of the person's right to an administrative hearing and judicial
(d) If an appeal is timely
made, the suspension of the driver's license shall be stayed until the result
of the hearing is final.
hearing shall be scheduled as quickly as practicable and not more than thirty
(30) days after the filing of the request for a hearing.
(f) The hearing shall be held at a location
designated by the Secretary unless the parties agree to a different
(g) ALEA shall provide a
written notice of the time and place of the hearing to the party requesting the
hearing at least five (5) days prior to the scheduled hearing, unless the
parties agree to waive this requirement.
(h) The hearing shall be before a driver
license hearing officer or other hearing officer appointed by ALEA.
(i) The hearing will be strictly
administrative in nature, and will be informal.
(j) The sole issue at the hearing will be
whether the motor vehicle being operated at the time of the motor vehicle
incident was in compliance with MLI.
(k) The driver license hearing officer or
other hearing officer appointed by ALEA may administer oaths and may issue
subpoenas for the attendance of witnesses and the production of relevant
(l) The driver license
hearing officer or other hearing officer appointed by ALEA shall make a final
determination that either upholds the civil penalty or withdraws the civil
(m) If a driver is found
to be driving in violation of MLI the civil penalty must be paid within fifteen
(15) days of the noncompliance letter. The driver will receive a ninety (90)
day suspension of his or her driver's license for failure to pay the civil
penalty within the prescribed time.
(n) Within thirty-five (35) days of the
issuance of a final order, a person may file a petition in the circuit court of
the county where the offense occurred, the county of the driver's residence or
Montgomery County for judicial review.