NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 477

HOUSE BILL 388

 

AN ACT TO AMEND ARTICLE 13, CHAPTER 20 OF THE GENERAL STATUTES OF NORTH CAROLINA TO PROVIDE THAT SEPARATED SPOUSE MAY REREGISTER MOTOR VEHICLE IMMEDIATELY ON REVOCATION OF OWNER'S REGISTRATION FOR FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Subsection (c) of G.S. 20-309 is hereby amended by rewriting this subsection to read as follows:

"(c) When it is certified that financial responsibility is a liability insurance policy, the Commissioner of Motor Vehicles may require that the owner produce records to prove the fact of such insurance, and failure to produce such records shall be prima facie evidence that no financial responsibility exists with regard to the vehicle concerned and the Department of Motor Vehicles shall revoke the owner's registration plate for 60 days. In no case shall any vehicle, the registration of which has been revoked for failure to have financial responsibility, be reregistered in the name of the registered owner, spouse, or any child of the spouse or any child of such owner, within less than 60 days after the date of receipt of the registration plate and operator's license by the Department, except that a spouse living separate and apart from the registered owner may reregister such vehicle immediately in such spouse's name. As a condition precedent to the registration of the vehicle, the separated spouse shall furnish the Department his or her affidavit and the affidavit of two other individuals stating that he or she is separated. As a condition precedent to the reregistration of the vehicle, the owner shall pay the appropriate fee for a new registration plate. It shall be the duty of insurance companies, upon request of the Department, to verify the accuracy of any owner's certification. Failure by an insurance company to deny coverage within 20 days may be considered by the Commissioner as acknowledgment that the information as submitted is correct."

Sec. 2. Subsection (e) of G.S. 20-309 is hereby amended by rewriting this subsection to read as follows:

"(e) No insurance policy provided in subsection (d) may be terminated by cancellation or otherwise by the insurer without having given the North Carolina Motor Vehicles Department notice of such cancellation 15 days prior to effective date of cancellation. Where the insurance policy is terminated by the insured the insurer shall immediately notify the Department of Motor Vehicles that such insurance policy has been terminated. The Department of Motor Vehicles upon receiving notice of cancellation or termination of an owner's financial responsibility as required by this article, shall notify such owner of such cancellation or termination, and such owner shall, to retain the registration plate for the vehicle registered or required to be registered, within 15 days from date of notice given by the Department, certify to the Department that he has financial responsibility effective on or prior to the date of such cancellation or termination. Failure by the owner to certify that he has financial responsibility as herein required shall be prima facie evidence that no financial responsibility exists with regard to the vehicle concerned and, unless the owner's registration plate has been surrendered to the Department of Motor Vehicles by surrender to an agent or representative of the Department of Motor Vehicles and so designated by the Commissioner of Motor Vehicles or depositing the same in the United States mail, addressed to the Department of Motor Vehicles, Raleigh, North Carolina, the Department of Motor Vehicles shall revoke the owner's registration plate for 60 days.  In no case shall any vehicle, the registration of which has been revoked for failure to have financial responsibility, be reregistered in the name of the registered owner, spouse, or any child of the spouse or any child of such owner, within less than 60 days after the date of the receipt of the registration plate by the Department, except that a spouse living separate and apart from the registered owner may reregister such vehicle immediately in such spouse’s name.  As a condition precedent to the registration of the vehicle, the owner shall pay the appropriate fee for the new registration plate.”

Sec. 3.  G.S. 20-311 is hereby amended and rewritten to read as follows:

“§ 20-311.  Revocation of registration when financial responsibility not in effect. – The Department of Motor Vehicles, upon receipt of evidence that financial responsibility for the operation of any motor vehicle registered or required to be registered in this State is not or was not in effect at the time of operation or certification that insurance was in effect, shall revote the owner’s registration place issued for the vehicle at the time of operation or certification that insurance was in effect or the current registration plate for the vehicle if the year registration has changed for 60 days.  In no case shall any vehicle, the registration of which has been revoked for failure to have financial responsibility, be registered in the name of such owner, spouse or any child of the spouse or any child of such owner within less than 60 days after the registration places have been surrendered to the Department except that a spouse living separate and apart from the registered owner may reregister such vehicle immediately in such spouse’s name.  As a condition precedent to the reregistration of the vehicle the owner shall pay the appropriate fee for a new registration plate.”

Sec. 4.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 1st day of June, 1971.