§ 27-19-721 - Cancellation, return, or waiver of proof.
27-19-721. Cancellation, return, or waiver of proof.
(a) The Office of Driver Services shall, upon request, consent to the immediate cancellation of any bond or certificate of insurance, or the office shall direct to be returned, and the Director of the Department of Finance and Administration acting in his or her capacity as the Commissioner of Motor Vehicles shall return, to the person entitled thereto any money or securities deposited under this subchapter as proof of financial responsibility, or the office shall waive the requirement of filing proof, in any of the following events:
(1) At any time after three (3) years from the date the proof was required when, during the three-year period preceding the request, the office has not received a record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license or registration 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 that the person who has given proof surrenders his or her license and registration to the office.
(b) (1) The office 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 money or securities has within one (1) 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.
(2) An affidavit of the applicant as to the nonexistence of such facts, or that he has been released from all of his liability or has been finally adjudicated not to be liable for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the office.