Ala. Admin. Code r. 760-X-1-.23 - Mandatory Liability Insurance

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. 1975, § 32-7A-4. 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, § 41-27-40 through 41-27-48.

(1) Definitions and Abbreviations
(a) ALEA - The Alabama Law Enforcement Agency
(b) Civil Penalty - A penalty imposed for a violation of the Mandatory Motor Vehicle Liability Insurance Law
(c) Driver - An operator of a motor vehicle who is involved in a motor vehicle incident
(d) Insurance - Liability insurance required pursuant to Code of Ala. 1975, § 32-7A-4
(e) MLI - Mandatory Motor Vehicle Liability Insurance Law. Chapter 7A, Title 32, Code of Ala. 1975
(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 filed
(g) OIVS - Online Insurance Verification System, Code of Ala. 1975, § 32-7B-2
(h) UTTC - Uniform traffic ticket and complaint, Code of Ala. 1975, § 12-12-53
(2) Procedure for 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.
(b) If 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 report.
(3) Procedures for the Administrative Resolution of the Notice of Assessment of a Civil Penalty
(a) 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:
1. Pays the civil penalty within forty-five (45) days of the notice mail date.
(i) A 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 http://MLI.ALEA.GOV.
(ii) A payment of the civil penalty cannot be made at an ALEA office.
2. 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 date.
(b) The civil penalty must be paid before a person's driver's license can be reinstated.
(c) ALEA must receive a reinstatement fee for a driver to obtain a driver's license once a driver's license is suspended.
(4) Administrative Hearing
(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, § 41-27-43, 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 review.
(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.
(e) The 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 location.
(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 documents.
(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 penalty.
(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.

Notes

Ala. Admin. Code r. 760-X-1-.23
Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/23/2017. Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 3/31/2018.

Author: Casey N. Bates

Statutory Authority: Code of Ala. 1975, §§ 32-2-9; 41-27-40 through 41-27-48.

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