Section 32-7A-9 Suspension of registration - Grounds; penalties.
Section 32-7A-9
Suspension of registration - Grounds; penalties.
(a) The department shall suspend the vehicle registration of any motor vehicle determined to be in violation of Section 32-7A-4, including any motor vehicle operated in violation of Section 32-7A-16 by an operator other than the owner of the vehicle. Neither the fact that, subsequent to the date of verification or violation, the owner acquired the required liability insurance policy nor the fact that the owner terminated ownership of the motor vehicle shall have any bearing upon the required suspension.
(b) The registration of any motor vehicle registered in this state shall be suspended upon the department receiving notice of the conviction of the operator of the motor vehicle in another state of an offense which, if committed in this state, would constitute a violation of Section 32-7A-4. Until it is terminated, any suspension under this chapter shall remain in force even if the registration is renewed or a new registration is acquired for the motor vehicle contrary to Section 32-7A-10.
(c) In the case of a first violation, the department shall terminate the suspension upon payment by the owner of a reinstatement fee of one hundred dollars ($100) in certified funds and submission of proof of insurance as prescribed by the department to either the department or to the vehicle owner's county license plate issuing official. Upon a first violation, the owner's name and identifying information shall be provided to the director by the department, for the purpose of requiring the owner to purchase and maintain insurance pursuant to Section 32-7-13 or Section 32-7-31, or both, for a period of one year.
(d) In the case of a second or subsequent violation by a person having ownership interest in a motor vehicle or vehicles within the preceding four years, or a violation of Section 32-7A-16(3), the department shall terminate the suspension four months after its effective date upon payment by the owner of a reinstatement fee of two hundred dollars ($200) in certified funds and submission of proof of insurance as prescribed by the department to either the department or to the vehicle owner's county license plate issuing official. In the case of a second or subsequent violation, the owner's name and identifying information shall be provided to the director by the department, for the purpose of the director requiring the owner to purchase and maintain insurance pursuant to Section 32-7-13 or Section 32-7-31, or both, for a period of three years. Upon conviction of a second offense the violator shall be guilty of a Class B misdemeanor.
(e) In accepting the reinstatement fee and proof of insurance, the owner's county license plate issuing official shall be responsible for notifying and forwarding, not later than the next business day, any required documentation concerning the reinstatement of motor vehicle registration or registrations to the department in the manner prescribed by the department.
(f) Except as provided in subsection (g), all fees collected under this section shall be retained by the department for use in the administration of this chapter; provided, if the fees are collected by the owner's county license plate issuing official, the official shall remit the fee to the department, except for 10 percent of the fee, which shall be retained by the official and distributed 50 percent to the county license plate issuing official and 50 percent to the county general fund. In the event the county license plate issuing official receives a salary, the retained fee distributed to the county license plate issuing official shall be deposited into a special motor vehicle registration and titling technology fund. The special fund shall be used for all reasonable and necessary technology expenses directly related to the registration or titling, or both, of motor vehicles, including, but not limited to, the purchase of hardware or software, or both, for motor vehicle registration and titling activities. The special fund shall be for the use of the official charged with motor vehicle registration and titling responsibilities and shall be in addition to the amount budgeted for the office of the official. Moneys in the special fund shall be disbursed by the county commission for the payment of motor vehicle registration or titling-related technology expenses of those official requisitioning expenditures from the fund. County license plate issuing officials shall remit the balance of the funds to the department in the manner prescribed by the department by the 10th day of the month following the month of collection. Refunds of reinstatement fees, less the retained fees, shall be granted in cases of duplicate payment, or as approved by the department. Anyone who is denied a refund of the reinstatement fee may appeal the denial to the administrative law judge pursuant to Section 40-2A-8.
(g) Notwithstanding the provisions of subsection (f), ten dollars ($10) of each reinstatement fee received shall be deposited by the department into the Alabama Peace Officers' Annuity and Benefit Fund, as authorized by Section 36-21-66.
(Act 2000-554, p. 1005, §1; Act 2001-344, p. 446, §1; Act 2006-221, p. 381, §1.)