State, Department of Public Safety, Division of Motor Vehicles v. Fernandes

946 P.2d 1259, 1997 Alas. LEXIS 151, 1997 WL 673707
CourtAlaska Supreme Court
DecidedOctober 31, 1997
DocketNo. S-7573
StatusPublished
Cited by1 cases

This text of 946 P.2d 1259 (State, Department of Public Safety, Division of Motor Vehicles v. Fernandes) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State, Department of Public Safety, Division of Motor Vehicles v. Fernandes, 946 P.2d 1259, 1997 Alas. LEXIS 151, 1997 WL 673707 (Ala. 1997).

Opinion

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The Alaska Department of Public Safety (DOPS) suspended Joaquim Fernandes’s driver’s license because he did not have automobile liability insurance when he caused substantial property damage while operating his vehicle. The superior court reversed the suspension decision. We reverse the superi- or court’s decision and remand for reinstatement of the suspension.

II. FACTS AND PROCEEDINGS

On October 8, 1994, following a Fairbanks snowfall, Joaquim Fernandes was unable to stop his vehicle. It struck a Jeep Cherokee. The impact knocked the Cherokee into the oncoming lane, where it struck a Suburban and a trailer. The collision destroyed the Cherokee, which was worth $20,000. The Suburban sustained damage of $150. Fer-nandes’s vehicle sustained slight damage. There were no physical injuries.

At the time of the accident, Fernandes had neither motor vehicle insurance nor a certifi[1260]*1260cate of■ self-insurance. ■ See AS 28.22.011(a). Fernandes, however, accepted full responsibility for the damage, and paid- $20,632.50 in exchange for full releases. Within ten days of the accident, Fernandes purchased an automobile liability insurance policy.

The Department of Public Safety suspended Fernandes’s driver’s license for ninety days under AS 28.22.041(a)(1), because he was operating an uninsured vehicle. Fer-nandes objected to the suspension on the ground he had substantially complied with the self-insurance provisions of Alaska law. See AS 28.20.400. Following an administrative hearing, DOPS Hearing Officer Kathy Kutchins affirmed the suspension.

Fernandes appealed the administrative decision to the superior court, arguing that the doctrine of substantial compliance barred the suspension. The superior court reversed the administrative decision.

DOPS appeals.

III. DISCUSSION

A. The Alaska Mandatory Automobile Insurance Act

The principal issue is whether Fernandes’s post-accident conduct excuses his pre-acci-dent failure to comply with the Alaska Mandatory Motor Vehicle Insurance Act (mandatory insurance laws), AS 28.22.1 Fernandes personally indemnified all parties who had suffered damages from the accident and purchased automobile liability insurance soon after the accident.

The hearing officer suspended Fernandes’s license because Fernandes did not provide proof of insurance or a certificate of self-insurance valid at the time of the accident. See AS 28.22.021. The superior court reversed, finding that Fernandes had substantially complied with the mandatory insurance laws by indemnifying all damaged parties.

The State argues that Fernandes did not comply with the mandatory insurance laws because he was unable to show proof of an insurance policy or a certificate of self-insurance valid when the accident occurred. It also argues that Fernandes did not substantially comply with the mandatory insurance laws. The State admits that Fernandes has met the requirements of the Motor Vehicle Safety Responsibility Act (financial responsibility laws), AS 28.20.

Fernandes argues that the doctrine of substantial compliance applies because he fulfilled the statutory purpose of the law — financial restoration of innocent victims of accidents.

The mandatory insurance laws require an operator of a motor vehicle on a public highway to be insured under a motor vehicle liability policy or a certificate of self-insurance. AS 28.22.011(a).2 The insurance or self-insurance must be in place during the vehicle’s operation, except under operating conditions not pertinent here. The mandatory insurance laws also required the vehicle [1261]*1261operator, following an accident resulting in bodily injury or property damage exceeding $500, to provide to DOPS proof of insurance or a certificate of self-insurance. AS 28.22.021 (amended 1996). If, following an accident, the operator fails to provide proof of insurance or self-insurance, DOPS must suspend the operator’s driver’s license for at least ninety days. AS 28.22.041(a)(1).3

Compliance thus requires proof that valid insurance or a valid certificate of self-insurance was in place when the accident occurred.

The statute requiring suspension contains an exception which applies if three conditions are met. AS 28.22.041(h) (amended 1996).4 As of 1994, the exception applied if: (1) the accident resulted in property damage of less than $1,000 and all damage occurred only to the person required to show proof of insurance, AS 28.22.041(h)(1); (2) the person without insurance at the time of the accident provided proof of insurance within fifteen days of the accident, AS 28.22.041(h)(2); and (3) the person without insurance showed that the failure to have insurance was due to circumstances beyond the person’s control, AS 28.22.041(h)(3).5

Fernandes did not meet two of these three conditions. The accident resulted in property damage to others of more than $1,000, and Fernandes did not show that his failure to have insurance was due to circumstances beyond his control.

Fernandes did not satisfy the strict requirements of AS 28.22.021, nor did he satisfy the requirements of the exception found in AS 28.22.041(h).

B. Substantial Compliance unth the Mandatory Insurance Laws

Fernandes argues that even if he did not strictly comply with the statute, he substantially complied. “[Substantial compliance involves conduct which falls short of strict compliance with the statutory ... requirements, but which affords the public the same protection that strict compliance would offer.” Nenana City Sch. Dist. v. Coghill, 898 P.2d 929, 933 (Alaska 1995) (holding that a teacher whose teaching certificate had lapsed was in substantial compliance with the regulations because the public was otherwise similarly protected). See also Jones v. Short, 696 P.2d 665, 667 n. 10 (Alaska 1985) (holding that if a contractor whose registration has expired still protects the public, the contractor has substantially complied with the registration statutes).

The mandatory insurance laws primarily protect the public by compensating innocent victims who have been injured by the negligence of financially irresponsible motorists. See 1989 Informal Op. Att’y Gen. 375, 376. To substantially comply with AS 28.22, Fer-nandes had to show that he had provided the public with the same level of protection that would have existed had he complied with the [1262]*1262statute. See Nenana City Sch. Dist., 898 P.2d at 934; Jones, 696 P.2d at 668.

Fernandes demonstrated his financial responsibility by compensating each motorist for the damage incurred.6 He therefore complied with the financial responsibility laws, AS 28.20. Fernandes, however, did not provide the level of protection required by the mandatory insurance laws, AS 28.22.

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946 P.2d 1259, 1997 Alas. LEXIS 151, 1997 WL 673707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-public-safety-division-of-motor-vehicles-v-fernandes-alaska-1997.