§ 20-279.29. Duration of proof; when proof may be canceled or returned.
§ 20‑279.29. Durationof proof; when proof may be canceled or returned.
The Commissioner shall uponrequest consent to the immediate cancellation of any bond or certificate ofinsurance, or the Commissioner shall direct and the State Treasurer shall returnto the person entitled thereto any money or securities deposited pursuant tothis Article as proof of financial responsibility, or the Commissioner shallwaive the requirement of filing proof, in any of the following events:
(1) At any time aftertwo years from the date such proof was required when, during the two‑yearperiod preceding the request, the Commissioner has not received record of aconviction or a forfeiture of bail which would require or permit the suspensionor revocation of the license, registration or nonresident's operating privilegeof the person by or for whom such proof was furnished; or
(2) In the event of thedeath of the person on whose behalf such proof was filed or the permanentincapacity of such person to operate a motor vehicle; or
(3) In the event theperson who has given proof surrenders his license to the Commissioner.
Provided, however, that theCommissioner shall not consent to the cancellation of any bond or the return ofany money or securities in the event any action for damages upon a liabilitycovered by such proof is then pending or any judgment upon any such liabilityis then unsatisfied or in the event the person who has filed such bond ordeposited such money or securities, has, within one year immediately precedingsuch request, been involved as an operator or owner in any motor vehicleaccident resulting in injury or damage to the person or property of others. Anaffidavit of the applicant as to the nonexistence of such facts, or that he hasbeen released from all of his liability, or has been finally adjudicated not tobe liable, for such injury or damage, shall be sufficient evidence thereof inthe absence of evidence to the contrary in the records of the Commissioner.
Whenever any person whoseproof has been canceled or returned under subdivision (3) of this sectionapplies for a license within a period of two years from the date proof wasoriginally required, any such application shall be refused unless the applicantshall reestablish such proof for the remainder of such two‑year period. (1953,c. 1300, s. 29.)