40-6-10.
(a)(1) The owner or operator of a motor vehicle for which
minimum
motor vehicle liability insurance coverage is required under
Chapter 34 of Title 33 shall keep proof or evidence of
required
minimum insurance coverage in the vehicle at all times during
the
operation of the vehicle if:
(A) The policy providing such coverage was
applied for within
the last 30 days, in which case a current written
binder for
such coverage for a period not exceeding 30 days
from the date
such binder was issued shall be considered
satisfactory proof or
evidence of required minimum insurance coverage;
(B) The vehicle is operated under a rental
agreement, in which
case a duly executed vehicle rental agreement
shall be
considered satisfactory proof or evidence of
required minimum
insurance coverage; or
(C) The owner acquired ownership of the motor
vehicle in
question within the past 20 days, in which case
if the type of
proof described in subparagraph (A) of this
paragraph is not
applicable but the vehicle is currently
effectively provided
with required minimum insurance coverage under
the terms of a
policy providing required minimum insurance
coverage for another
motor vehicle, then a copy of the insurer's
declaration of
coverage under the policy providing such required
minimum
insurance coverage for such other vehicle shall
be considered
satisfactory proof or evidence of required
minimum insurance
coverage for the vehicle in question, but only if
accompanied by
proof or evidence that the owner acquired
ownership of the
vehicle in question within the past 20 days;
provided, however, that the requirements of this paragraph
shall
not apply to the owner or operator of any vehicle for which
the
records of the Department of Public Safety indicate that
required
minimum insurance coverage is currently effective. The
owner of a
motor vehicle shall provide to any operator of such vehicle
proof
or evidence of required minimum insurance coverage for the
purposes of compliance with this subsection. Except as
otherwise
provided in paragraph (4) of this subsection, any person who
fails
to comply with the requirements of this subsection shall be
guilty
of a misdemeanor and, upon conviction thereof, shall be
subject to
a fine of not less than $200.00 nor more than $1,000.00 or
imprisonment for not more than 12 months, or both.
(2)(A) Insurance coverage information from
records of the
department shall be prima-facie evidence of the
facts stated
therein and shall be admissible as evidence in
accordance with
Code Section 24-3-17.
(B) Every law enforcement officer in this state
shall request
the operator of a motor vehicle subject to the
provisions of
paragraph (1) of this subsection to produce proof
or evidence of
required minimum insurance coverage every time
the law
enforcement officer requests the presentation of
the driver's
license of the operator of the vehicle.
(3) If the owner or operator of a motor vehicle subject to
the
provisions of paragraph (1) of this subsection fails to show
proof
or evidence of required minimum insurance, the arresting
officer
shall issue a uniform traffic citation for operating a motor
vehicle without proof of insurance and shall take possession
of
the driver's license and forward it to a court of competent
jurisdiction. If the court or arresting officer
determines that
the operator is not the owner, then a uniform traffic
citation may
be issued to the owner for authorizing the operation of a
motor
vehicle without proof of insurance.
(4) If the person receiving a citation under this subsection
shows
to the court having jurisdiction of the case that required
minimum
insurance coverage was in effect at the time the citation was
issued, the court shall return the driver's license upon
payment
of a fine not to exceed $25.00. The court shall not in
this case
forward a record of the disposition of the case to the
department
and the driver's license of such person shall not be
suspended.
(5)(A) For purposes of this Code section up to
and including
December 31, 2001, a valid insurance card shall
be sufficient
proof of insurance for any vehicle.
(B) For purposes of this Code section on and
after January 1,
2002, a valid insurance card shall be sufficient
proof of
insurance only for any vehicle covered under a
commercial
vehicle policy as defined in Code Section
40-5-71.
(C) For any vehicle covered under a policy of
motor vehicle
liability insurance that is not a commercial
vehicle policy as
defined in Code Section 40-5-71, the insurer
shall issue a
policy information identification card which
shall contain at
least the name of the insurer, policy number,
policy issue or
effective date, policy expiration date, name of
the insured, and
year, make, model, and vehicle identification
number of each
vehicle insured; provided, however, that on and
after January 1,
2002, any such policy information identification
card shall not
be sufficient proof of insurance for any purposes
of this Code
section.
(b) An owner or any other person who knowingly operates or knowingly
authorizes another to operate a motor vehicle without effective
insurance on such vehicle or without an approved plan of
self-insurance shall be guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine of not less than $200.00 nor
more than $1,000.00 or imprisonment for not more than 12 months, or
both. An operator of a motor vehicle shall not be guilty of a
violation of this Code section if such operator maintains a policy
of motor vehicle insurance which extends coverage to any vehicle the
operator may drive. An owner or operator of a motor vehicle shall
not be issued a citation by a law enforcement officer for a
violation of this Code section if the sole basis for issuance of
such a citation is that the law enforcement officer is unable to
obtain insurance coverage information from the records of the
department.
(c) Any person who knowingly makes a false statement or
certification under Code Section 40-5-71 or this Code section shall
be guilty of a misdemeanor and, upon conviction thereof, shall be
subject to a fine of not less than $200.00 nor more than $1,000.00
or imprisonment for not more than 12 months, or both.