§ 31-32-35. Duration of proof — Cancellation or return.
(a) The division of motor vehicles shall upon request consent to the immediate cancellation
of any bond or certificate of insurance, or the division of motor vehicles shall direct
and the general treasurer shall return to the person entitled to it any money or securities
deposited pursuant to this chapter as proof of financial responsibility, or the division
of motor vehicles shall waive the requirement of filing proof, in any of the following
events:
(1) At any time after one year from the date the proof was required when, during the one
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§ 31-32-35. Duration of proof — Cancellation or return.
(a) The division of motor vehicles shall upon request consent to the immediate cancellation
of any bond or certificate of insurance, or the division of motor vehicles shall direct
and the general treasurer shall return to the person entitled to it any money or securities
deposited pursuant to this chapter as proof of financial responsibility, or the division
of motor vehicles shall waive the requirement of filing proof, in any of the following
events:
(1) At any time after one year from the date the proof was required when, during the one
year period preceding the request, the division of motor vehicles has not received
record of a conviction or a forfeiture of bail which would require or permit the suspension
or revocation of the license, registration, or nonresident's operating privilege of
the person by or for whom the proof was furnished;
(2) In the event of the death of the person on whose behalf the proof was filed or the
permanent incapacity of the person to operate a motor vehicle; or
(3) In the event the person who has given proof surrenders his or her license and registration
to the division of motor vehicles.
(b) Provided, that the division of motor vehicles shall not consent to the cancellation
of any bond or the return of any money or securities in the event any action for damages
upon a liability covered by the proof is then pending or any judgment upon any liability
is then unsatisfied, or in the event the person who has filed the bond or deposited
the money or securities has within one year immediately preceding the request been
involved as a driver or owner in any motor vehicle accident resulting in injury or
damage to the person or property of others. An affidavit of the applicant as to the
non-existence of such facts, or that he or she has been released from all of his or
her liability, or has been finally adjudicated not to be liable, for the injury or
damage, shall be sufficient evidence of it in the absence of evidence to the contrary
in the records of the division of motor vehicles.
(c) Whenever any person whose proof has been cancelled or returned under subsection (a)(3)
of this section applies for a license or registration within a period of the one year
from the date proof was originally required, the application shall be refused unless
the applicant shall reestablish the proof for the remainder of the one year period.