Missouri § 303.042 - Suspension, effective when — length of suspension, factors considered — false submission of proof of insurance, suspension, duration, fee.

§ 303.042. Suspension, effective when — length of suspension, factors considered — false submission of proof of insurance, suspension, duration, fee.

1.  The suspension shall become effective thirty days after the subject person is deemed to have received the notice of suspension by ordinary mail as provided in section 303.041.

2.  The period of suspension under this section shall be as follows:

(1)  If the person's record shows no prior violation, the director shall terminate the suspension upon payment of a reinstatement fee of twenty dollars and submission of proof of insurance as prescribed in section 303.026 or some other form of proof of insurance as prescribed by the director;

(2)  If the person's record shows one prior violation within the immediately preceding two years, the director shall terminate the suspension ninety days after its effective date upon payment of a reinstatement fee of two hundred dollars and submission of proof of insurance as prescribed in section 303.026 or some other form of proof of insurance as prescribed by the director;

(3)  If the person's record shows two or more prior violations, the period of suspension shall terminate one year after its effective date upon payment of a reinstatement fee of four hundred dollars and submission of proof of insurance as prescribed in section 303.026 or some other form of proof of insurance as prescribed by the director.

3.  In the event that proof of insurance required by this section has not been filed with the department of revenue in accordance with this chapter prior to the end of the period of suspension provided in this section, such period of suspension shall be extended until such proof of insurance as prescribed by the director has been filed.  In no event shall filing proof of insurance as prescribed by the director reduce any period of suspension.

4.  If the director determines that the proof of insurance submitted by a motor vehicle owner or operator pursuant to this chapter is false, the director shall suspend the owner's vehicle registration and operator's driving privilege.  The director shall terminate the suspension one year after the effective date upon payment by the owner or operator of a reinstatement fee of one hundred fifty dollars and submission of proof of insurance as prescribed  in section 303.026 or some other form of proof of insurance as prescribed by the director.

5.  In all cases involving a suspension as provided in this section, the director shall not require an individual to file a certificate of insurance as provided in section 303.170 or section 303.180 or some other form of high-risk insurance in order to terminate the suspension, excluding cases involving a motor vehicle accident where one or more parties involved in the accident were uninsured.

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(L. 1986 S.B. 424, A.L. 1999 S.B. 19, A.L. 2000 H.B. 1797)

Effective 3-01-01

(2007) Legislature did not intend for there to be a knowledge element regarding submission of a false insurance card; liability for such submission is strict liability.  Hudson v. Director of Revenue, State of Missouri, 216 S.W.3d 216 (Mo.App.W.D.).

---- end of effective  01 Mar 2001 ----

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