303.280. Release of proof and waiver of proof, when.
Release of proof and waiver of proof, when.
303.280. 1. The director shall upon request consent to theimmediate cancellation of any bond or certificate of insurance,or the director shall direct and the state treasurer shall returnto the person entitled thereto, any money or securities depositedpursuant to this chapter as proof of financial responsibility, orthe director shall waive the requirement of filing proof, in anyof the following events:
(1) At any time after two years from the date such proof wasrequired when, during the two-year period preceding the request,the director has not received record of a conviction or aforfeiture of bail which would require or permit the suspensionor revocation of the license, registration or nonresident'soperating privilege of the person by or for whom such proof wasfurnished; or
(2) In the event of the death of the person on whose behalfsuch proof was filed or the permanent incapacity of such personto operate a motor vehicle; or
(3) In the event the person who has given proof surrendershis license and registration to the director.
2. The director shall not consent to the cancellation of anybond or the return of any money or securities in the event anyaction for damages upon a liability covered by such proof is thenpending or any judgment upon any such liability is thenunsatisfied or in the event the person who has filed such bond ordeposited such money or securities has, within one yearimmediately preceding such request been involved as an operatoror owner in any motor vehicle accident resulting in injury ordamage to the person or property of others. An affidavit of theapplicant as to the nonexistence of such facts, or that he hasbeen released from all of his liability, or has been finallyadjudicated not to be liable, for such injury or damage, shall besufficient evidence thereof in the absence of evidence to thecontrary in the records of the director.
3. Whenever any person whose proof has been canceled orreturned under subdivision (3) of subsection 1 of this sectionapplies for a license or registration within a period of twoyears from the date proof was originally required, any suchapplication shall be refused unless the applicant shallreestablish such proof for the remainder of such two-year period.
(L. 1953 p. 569 § 303.290, A.L. 1972 S.B. 651, A.L. 1973 S.B. 251)