Or. Admin. Code § 735-050-0080 - Financial Responsibility Verification Program
(1) DMV randomly selects motor vehicles for
financial responsibility verification. The total number randomly selected each
year will not exceed ten percent of the motor vehicles registered in Oregon
that are subject to verification.
(2) In addition to randomly selecting motor
vehicles under section (1) of this rule, DMV may select persons for
verification of financial responsibility requirements if:
(a) A vehicle is registered to a person who
has been convicted of violating ORS
806.010;
(b) A vehicle is registered to a person who
has submitted certifications of compliance with financial responsibility
requirements that have previously been found to be incorrect; or
(c) DMV has reasonable grounds to believe
that the person is in violation of financial responsibility requirements. DMV's
determination of reasonable grounds is based on one or more of the following:
(A) Written statements from police, insurance
carriers, insurance producers (agents), and the public;
(B) Any admission to DMV by the owner of an
Oregon-registered vehicle that the vehicle is not insured;
(C) Receipt by DMV of any record from another
jurisdiction that the owner of any Oregon-registered vehicle was convicted of
driving uninsured, regardless of the vehicle driven at the time of
offense;
(D) Receipt by DMV of any
record from another jurisdiction indicating that an Oregon-registered vehicle
was driven without insurance, regardless of who was driving the
vehicle;
(E) Statements made during
an administrative hearing by a driver or owner of a vehicle that the
Oregon-registered vehicle was driven while uninsured;
(F) No record of submission from an insurance
carrier, pursuant to ORS
742.580,
806.195 and OAR
735-050-0131, that a motor
vehicle liability insurance policy has been issued; or
(G) No record of submission of proof of
compliance with financial responsibility requirements following a reportable
collision pursuant to ORS
811.725.
(3) DMV will use a written
statement as identified in section (2)(c)(A) of this rule as a basis for a
financial responsibility notice of verification only if the person making the
statement does all of the following:
(a) Signs
and dates the request;
(b)
Identifies the vehicle that the person believes is being operated in violation
of financial responsibility requirements; and
(c) Explains why the person believes the
vehicle is being operated in violation of financial responsibility requirements
and includes facts that would cause a reasonable person to believe the vehicle
is being operated in violation of financial responsibility
requirements.
(4) DMV
will send all registered owners of a selected motor vehicle a notice of
verification that the selected vehicle was insured on a specified date. The
request for verification will explain that within 30 days of the date DMV sends
the notice of verification, at least one registered owner must respond to DMV's
notice of verification by:
(a) Certifying
that, as of the date specified in the notice, the selected vehicle was in
compliance with financial responsibility requirements as described in ORS
806.060 and
806.080; or
(b) Filing an SR-22 insurance
certificate.
(5) DMV
will suspend the driving privileges or right to apply for driving privileges
under ORS 806.220(1)(a)
and 809.415(3)(a)
of any person who fails to make a future responsibility filing by failing to
provide sufficient proof of compliance with financial responsibility
requirements. Failure to provide sufficient proof of compliance includes but is
not limited to:
(a) Failing to respond to
DMV's notice requesting verification within 30 days of the date DMV sends the
notice, as required by section (4) of this rule;
(b) Responding to DMV's notice of
verification in a manner leading DMV to determine the vehicle was not in
compliance with financial responsibility requirements as of the date of the
notice of verification; or
(c)
Falsely certifying proof of compliance with financial responsibility
requirements.
(6) DMV
will withdraw the notice of proposed suspension of all registered owners of the
selected vehicle upon receipt of proof of compliance from any of the registered
owners.
(7) DMV will forward proof
of compliance submitted by a registered owner to the listed insurer for the
purpose of requesting verification that the proof of compliance provided is
correct.
(8) If the information
provided by the person is not correct, the insurer must respond to DMV's
request to verify the registered owner's proof of compliance within 30 days of
the date DMV sends the request to the insurer.
(9) DMV will issue a Notice of Suspension to
all registered owners of the vehicle upon DMV's receipt of notice from an
insurer demonstrating that the proof of compliance with financial
responsibility requirements under ORS
806.150 and
811.725 is not
correct.
(10) A person who is
initially denied coverage by an insurer may provide DMV with additional proof
of compliance in the form of an official statement, written on the insurance
company's letterhead and signed by an authorized employee of that insurer,
indicating the vehicle was covered as of the date of the verification
request.
(11) A person who fails to
make a future responsibility filing after failing verification or who falsely
certifies compliance with financial responsibility requirements is entitled to
a pre-suspension hearing in accordance with ORS
809.440(1) and
809.415. If no pre-suspension
hearing is held, a person may be entitled to a post-imposition hearing in
accordance with ORS 809.450.
(12) DMV may withdraw an SR-22 requirement
for a person who responds to DMV's request for verification in a manner leading
DMV to determine the selected vehicle was not in compliance with financial
responsibility requirements as of the date of the notice of verification, or
who was denied coverage by an insurance company, if DMV determines that there
is sufficient reason for the vehicle not to be covered by insurance on the date
specified on the request. Sufficient reason includes, but is not limited to:
(a) The vehicle is covered by a valid
liability policy but the policy only covers the vehicle for a specified period
or is limited based on mileage;
(b)
The vehicle was removed from an insurance policy during a period of extended
storage; or
(c) The vehicle is not
operable for an extended period that includes the date specified on the request
for verification.
(13)
DMV's Withdrawal of an SR-22 requirement under a condition described in section
(12) of this rule must be supported by:
(a)
Documents from the insurance carrier indicated in the owner's response to DMV's
request for verification;
(b) A
signed, written statement on the insurance company's letterhead from an
employee of the insurance carrier described in the owner's response to DMV's
request for verification;
(c)
Documents, including pictures of the vehicle or receipts from an auto-part
store or mechanic, which demonstrate the vehicle was undergoing repairs;
or
(d) Other documents that DMV
determines affirm the owner's assertion that the owner's vehicle meets one of
the circumstances described in section (12) of this rule.
Notes
Statutory/Other Authority: ORS 184.619, 802.010, 806.150, 806.230, 806.245 & 809.415
Statutes/Other Implemented: ORS 806.050, 806.150, 806.170, 806.220, 809.440 & 809.450
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