321A.29 - DURATION OF PROOF -- WHEN PROOF MAY BE CANCELED OR RETURNED.

        321A.29  DURATION OF PROOF -- WHEN PROOF MAY BE      CANCELED OR RETURNED.         1.  The department shall upon request consent to the immediate      cancellation of a bond or certificate of insurance, or the department      shall direct and the treasurer of state shall return to the person      entitled thereto a certificate of deposit filed pursuant to this      chapter as proof of financial responsibility, or the department shall      waive the requirement of filing proof, in any of the following      events:         a.  At any time after two years from the date such proof was      required when, during the two-year period preceding the request, the      department 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 such proof was furnished.         b.  In the event of the death of the person on whose behalf      such proof was filed or the permanent incapacity of such person to      operate a motor vehicle.         c.  In the event the person who has given proof surrenders the      person's license and registration to the department.         2.  The department shall not consent to the cancellation of a bond      or the return of a certificate of deposit in the event an action for      damages upon a liability covered by such proof is then pending or a      judgment upon any such liability is unsatisfied, or in the event the      person who has filed such bond or such certificate of deposit has      within one year immediately preceding such request been involved as      an operator 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 nonexistence of such facts, or that the      applicant has been released from all of the applicant's 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 department.         3.  If a person whose proof has been canceled or returned under      subsection 1, paragraph "c", applies for a license or      registration within a period of two years from the date proof was      originally required, such application shall be refused unless the      applicant reestablishes proof for the remainder of the two-year      period.  
         Section History: Early Form
         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321A.29] 
         Section History: Recent Form
         92 Acts, ch 1175, § 43; 2000 Acts, ch 1025, §5, 6         Referred to in § 321.12, 321A.13