§ 31-32-35 - Duration of proof – Cancellation or return.
SECTION 31-32-35
§ 31-32-35 Duration of proof –Cancellation or return. – (a) The division of motor vehicles shall upon request consent to the immediatecancellation of any bond or certificate of insurance, or the division of motorvehicles shall direct and the general treasurer shall return to the personentitled to it any money or securities deposited pursuant to this chapter asproof of financial responsibility, or the division of motor vehicles shallwaive the requirement of filing proof, in any of the following events:
(1) At any time after one year from the date the proof wasrequired when, during the one year period preceding the request, the divisionof motor vehicles has not received record of a conviction or a forfeiture ofbail which would require or permit the suspension or revocation of the license,registration, or nonresident's operating privilege of the person by or for whomthe proof was furnished;
(2) In the event of the death of the person on whose behalfthe proof was filed or the permanent incapacity of the person to operate amotor vehicle; or
(3) In the event the person who has given proof surrendershis or her license and registration to the division of motor vehicles.
(b) Provided, that the division of motor vehicles shall notconsent to the cancellation of any bond or the return of any money orsecurities in the event any action for damages upon a liability covered by theproof 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 the money orsecurities has within one year immediately preceding the request been involvedas a driver or owner in any motor vehicle accident resulting in injury ordamage to the person or property of others. An affidavit of the applicant as tothe non-existence of such facts, or that he or she has been released from allof his or her liability, or has been finally adjudicated not to be liable, forthe injury or damage, shall be sufficient evidence of it in the absence ofevidence to the contrary in the records of the division of motor vehicles.
(c) Whenever any person whose proof has been cancelled orreturned under subsection (a)(3) of this section applies for a license orregistration within a period of the one year from the date proof was originallyrequired, the application shall be refused unless the applicant shallreestablish the proof for the remainder of the one year period.