§ 31-47-9. Penalties.
(a) Any owner of a motor vehicle registered or required to be registered in this state
who shall knowingly operate the motor vehicle or knowingly permit it to be operated
in this state without having in full force and effect the financial security required
by the provisions of this chapter, and any other person who shall operate in this
state any motor vehicle registered or required to be registered in this state with
the knowledge that the owner of it does not have in full force and effect financial
security, except a person who, at the time of operation of the motor vehicle, had
in effect an operator's policy of liability insurance with respect to his or her operation
of the vehicle, may be subject to a mandatory suspension of license and registration
as follows:
(1) For a first offense, a suspension of up to three (3) months and may be fined one hundred
dollars ($100) up to five hundred dollars ($500);
(2) For a second offense, a suspension of six (6) months and may be fined five hundred
dollars ($500); and
(3) For a third and subsequent offense, a suspension of up to one year. Additionally,
any person violating this section a third or subsequent time shall be punished as
a civil violation and may be fined one thousand dollars ($1,000).
(b) An order of suspension and impoundment of a license or registration, or both, shall
state that date on or before which the person is required to surrender the person's
license or certificate of registration and registration plates. The person is deemed
to have surrendered the license or certificate of registration and registration plates,
in compliance with the order, if the person does either of the following:
(1) On or before the date specified in the order, personally delivers the license or certificate
of registration and registration plates, or causes the delivery of those items, to
the administrator of the division of motor vehicles or court, whichever issued the
order; or
(2) Mails the license or certificate of registration and registration plates to the administrator
of the division of motor vehicles, in an envelope or container bearing a postmark
showing a date no later than the date specified in the order.
(c) The administrator of the division of motor vehicles shall not restore any operating
privileges or registration rights suspended under this section or return any license,
certificate of registration, or registration plates impounded under this section unless
the rights are not subject to suspension or revocation under any other law and unless
the person, in addition to complying with all other conditions required by law for
reinstatement of operating privileges or registration rights, complies with all of
the following:
(1) Pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be
increased, upon approval of the administrator of the division of motor vehicles, up
to an amount not exceeding fifty dollars ($50.00); and
(2) Files and maintains proof of financial security. To facilitate the administration
of this chapter the clerk of the courts shall notify the administrator of the division
of motor vehicles of all persons against whom judgments have been entered arising
out of a motor vehicle collision.
(d) For the purpose of this section, an "operator's policy of liability insurance� means
a policy issued by an insurance carrier duly authorized to transact business in this
state that shall insure the person named in it as insured, against loss from the liability
imposed upon him or her by law for damages, including damages for care and loss of
services, because of bodily injury to or death of any person and injury to or destruction
of property arising out of the use by him or her of any motor vehicle not owned by
him or her, subject to the same minimum provisions and approval required by this chapter
with respect to an owner's policy of liability insurance. With respect to a nonresident,
the policy may also be issued by a nonadmitted insurance carrier provided the requirements
of this chapter, with respect to issuance of an owner's policy of liability insurance
by the carrier, have been met.