§ 2942 — Suspension of license for nonpayment of judgments

Delaware § 2942

• Jurisdiction: Delaware
• Title: 21
• Part: Registration, Title and Licenses
• Ch. 29: MOTOR VEHICLE SAFETY—RESPONSIBILITY
• Subch.: Proof of Future Responsibility

Text

(a) The Secretary of Transportation, upon receipt of a certified copy of a judgment, shall forthwith suspend the license and any nonresident’s operating privilege of any person against whom such judgment was rendered, except as otherwise provided in this section and in § 2945 of this title.

(b) The Secretary of Transportation may allow license or nonresident operating privileges to a judgment debtor, providing there is no default in the payment of such judgment or that installments thereof prescribed in § 2945 of this title are not in default, and providing the judgment debtor has furnished proof of financial responsibility.

(c) Any person whose license or nonresident’s operating privilege has been suspended or is about to be suspended or becomes subject to suspension under this chapter may be relieved from the effect of such judgment as prescribed in this chapter, by filing with the Secretary of Transportation an affidavit stating that at the time of the accident upon which such judgment has been rendered the affiant was insured, that the insurer is liable to pay such judgment and the reason, if known, why such insurance company has not paid such judgment. Such person shall also file the original policy of insurance or a certified copy thereof, if available, and such other documents as the Secretary of Transportation may require to show that the loss, injury or damage, for which such judgment was rendered, was covered by such policy of insurance. If the Secretary of Transportation is satisfied from such papers that such insurer was authorized to issue such policy of insurance at the time and place of issuing such policy and that such insurer is liable to pay such judgment, at least to the extent and for the amounts required in this chapter, the Secretary of Transportation shall not suspend such license or nonresident’s operating privilege, or, if already suspended, shall reinstate them.

(d) In the event that a person has had that person’s license suspended for nonpayment of a judgment under this section, the Department after the lapse of 10 years from the entry of the judgment may issue a new license provided that such person shall have produced proof of liability insurance coverage or other evidence of financial responsibility, in an amount and of such character as shall be satisfactory to the Secretary of Transportation.

Legislative History

Code 1935, § 5712C; 48 Del. Laws, c. 359, § 2 ; 21 Del. C. 1953, § 2942; 55 Del. Laws, c. 406 ; 57 Del. Laws, c. 89 ; 57 Del. Laws, c. 670, § 12A ; 60 Del. Laws, c. 433, §§ 6-8 ; 66 Del. Laws, c. 274, § 1 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 110, §§ 71-74