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Minnesota Statute 169.791
Criminal Penalty For Failure to Produce
Proof of Insurance
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Source:
Minnesota Office of the Revisor of Statutes
Subdivision 1. Terms defined. (a) For purposes of
this section and sections
169.792
to
169.798,
the following terms have the meanings given.
(b) "Commissioner" means the commissioner of
public safety.
(c) "District court administrator" or "court
administrator" means the district court
administrator or a deputy district court
administrator of the district court that has
jurisdiction of
a violation of this section.
(d) "Insurance identification card" means a
card issued by an obligor to an insured
stating
that security as required by section
65B.48
has been provided for the insured's vehicle.
(e) "Law enforcement agency" means the law
enforcement agency that employed the peace
officer who demanded proof of insurance
under this section or section
169.792.
(f) "Peace officer" or "officer" means an
employee of a political subdivision or state
law
enforcement agency, including the Minnesota
State Patrol, who is licensed by the
Minnesota
Board of Peace Officer Standards and
Training and is authorized to make arrests
for violations
of traffic laws.
(g) "Proof of insurance" means an insurance
identification card, written statement, or
insurance policy as defined by section
65B.14,
subdivision 2.
(h) "Vehicle" means a motor vehicle as
defined in section
65B.43,
subdivision 2, or a
motorcycle as defined in section
65B.43,
subdivision 13.
(i) "Written
statement" means a written statement by a
licensed insurance agent stating the
name and address of the insured, the vehicle
identification number of the insured's
vehicle, that
a plan of reparation security as required by
section
65B.48
has been provided for the insured's
vehicle, and the dates of the coverage.
(j) The definitions in section
65B.43
apply to sections
169.792
to
169.798.
Subd. 2.
Requirement for driver, whether or not
owner. Every driver shall have in
possession at all times when operating a
vehicle and shall produce on demand of a
peace officer
proof of insurance in force at the time of
the demand covering the vehicle being
operated. If the
driver does not produce the required proof
of insurance upon the demand of a peace
officer, the driver is guilty of a
misdemeanor. A person is guilty of a gross
misdemeanor who violates this section within
ten years of the first of two prior
convictions under this section, section
169.797,
or a statute or ordinance in conformity with
one of those sections. The same prosecuting
authority who is
responsible for prosecuting misdemeanor
violations of this section is responsible
for prosecuting gross misdemeanor violations
of this section. A driver who is not the
owner of the vehicle may not be convicted
under this section unless the driver knew or
had reason to know that the owner did not
have proof of insurance required by this
section, provided that the driver provides
the officer with the name and address of the
owner at the time of the demand or complies
with subdivision 3.
Subd. 2a.
Later
production of proof by driver who is owner.
A driver who is the owner of the vehicle
may, no later than the date and time
specified in the citation for the driver's
first court appearance, produce proof of
insurance stating that security had been
provided for the vehicle that was being
operated at the time of the demand to the
court administrator. The required proof of
insurance may be sent by mail by the driver
as long as it is received no later than the
date and time specified in the citation for
the driver's first court appearance. If a
citation is issued, no person shall be
convicted of violating this section if the
court administrator receives the required
proof of insurance no later than the date
and time specified in the citation for the
driver's first court appearance. If the
charge is made other than by citation, no
person shall be convicted of violating this
section if the person presents the required
proof of insurance at the person's first
court appearance after the charge is made.
Subd. 3.
Later production of information by driver
who is not owner. If the driver is not
the owner of the vehicle, the driver shall,
no later than the date and time specified in
the citation for the driver's first court
appearance, provide the district court
administrator with proof of insurance or the
name and address of the owner. Upon receipt
of the name and address of the owner, the
district court administrator shall
communicate the information to the law
enforcement agency.
Subd. 4.
Requirement for owner who is not driver.
If the driver is not the owner of the
vehicle, the officer may send or provide a
notice to the owner of the vehicle requiring
the owner to produce proof of insurance for
the vehicle that was being operated at the
time of the demand. Notice by mail is
presumed to be received five days after
mailing and shall be sent to the owner's
current address or the address listed on the
owner's driver's license. Within ten days
after receipt of the notice, the owner shall
produce the required proof of insurance to
the place stated in the notice received by
the owner. The required proof of insurance
may be sent by mail by the owner as long as
it is received within ten days. Any owner
who fails to produce proof of insurance
within ten days of an officer's request
under this subdivision is guilty of a
misdemeanor. The peace officer may mail the
citation to the owner's current address or
address stated on the owner's driver's
license. It is an affirmative defense to a
charge against the owner that the driver
used the owner's vehicle without consent, if
insurance would not have been required in
the absence of the unauthorized use by the
driver. It is not a defense that a person
failed to notify the Department of Public
Safety of a change of name or address as
required under section
171.11.
The citation may be sent after the ten-day
period.
Subd. 5.
Exemptions. Buses or other commercial
vehicles operated by the Metropolitan
Council, commercial vehicles required to
file proof of insurance pursuant to chapter
221, and
school buses as defined in section
171.01,
subdivision 45, are exempt from
this section.
Subd.
5a.
Consecutive sentences. The court
may impose consecutive sentences for
offenses arising out of a single course of
conduct as permitted in section
609.035, subdivision 2.
Subd. 6.
Penalty. In addition to any sentence of
imprisonment that the court may impose, the
court shall impose a fine of not less than
$200 nor more
than the maximum fine applicable to
misdemeanors upon conviction under this
section. The court may allow community
service in
lieu of any fine imposed if the defendant is
indigent. In addition to criminal penalties,
a person
convicted under this section is subject to
revocation of a driver's license or permit
to drive under section
169.792, subdivision 7, and to
revocation of motor vehicle registration
under section
169.792, subdivision 12.
169.791 CRIMINAL PENALTY FOR FAILURE
TO PRODUCE PROOF OF INSURANCE.
Subdivision 1. Terms defined. (a) For purposes of
this section and sections
169.792
to
169.798,
the following terms have the meanings given.
(b) "Commissioner" means the commissioner of
public safety.
(c) "District court administrator" or "court
administrator" means the district court
administrator or a deputy district court
administrator of the district court that has
jurisdiction of
a violation of this section.
(d) "Insurance identification card" means a
card issued by an obligor to an insured
stating
that security as required by section
65B.48
has been provided for the insured's vehicle.
(e) "Law enforcement agency" means the law
enforcement agency that employed the peace
officer who demanded proof of insurance
under this section or section
169.792.
(f) "Peace officer" or "officer" means an
employee of a political subdivision or state
law
enforcement agency, including the Minnesota
State Patrol, who is licensed by the
Minnesota
Board of Peace Officer Standards and
Training and is authorized to make arrests
for violations
of traffic laws.
(g) "Proof of insurance" means an insurance
identification card, written statement, or
insurance policy as defined by section
65B.14,
subdivision 2.
(h) "Vehicle" means a motor vehicle as
defined in section
65B.43,
subdivision 2, or a
motorcycle as defined in section
65B.43,
subdivision 13.
(i) "Written
statement" means a written statement by a
licensed insurance agent stating the
name and address of the insured, the vehicle
identification number of the insured's
vehicle, that
a plan of reparation security as required by
section
65B.48
has been provided for the insured's
vehicle, and the dates of the coverage.
(j) The definitions in section
65B.43
apply to sections
169.792
to
169.798.
Subd. 2.
Requirement for driver, whether or not
owner. Every driver shall have in
possession at all times when operating a
vehicle and shall produce on demand of a
peace officer
proof of insurance in force at the time of
the demand covering the vehicle being
operated. If the
driver does not produce the required proof
of insurance upon the demand of a peace
officer, the driver is guilty of a
misdemeanor. A person is guilty of a gross
misdemeanor who violates this section within
ten years of the first of two prior
convictions under this section, section
169.797,
or a statute or ordinance in conformity with
one of those sections. The same prosecuting
authority who is
responsible for prosecuting misdemeanor
violations of this section is responsible
for prosecuting gross misdemeanor violations
of this section. A driver who is not the
owner of the vehicle may not be convicted
under this section unless the driver knew or
had reason to know that the owner did not
have proof of insurance required by this
section, provided that the driver provides
the officer with the name and address of the
owner at the time of the demand or complies
with subdivision 3.
Subd. 2a.
Later
production of proof by driver who is owner.
A driver who is the owner of the vehicle
may, no later than the date and time
specified in the citation for the driver's
first court appearance, produce proof of
insurance stating that security had been
provided for the vehicle that was being
operated at the time of the demand to the
court administrator. The required proof of
insurance may be sent by mail by the driver
as long as it is received no later than the
date and time specified in the citation for
the driver's first court appearance. If a
citation is issued, no person shall be
convicted of violating this section if the
court administrator receives the required
proof of insurance no later than the date
and time specified in the citation for the
driver's first court appearance. If the
charge is made other than by citation, no
person shall be convicted of violating this
section if the person presents the required
proof of insurance at the person's first
court appearance after the charge is made.
Subd. 3. Later
production of information by driver who is
not owner. If the driver is not the
owner of the vehicle, the driver shall, no
later than the date and time specified in
the citation for the driver's first court
appearance, provide the district court
administrator with proof of insurance or the
name and address of the owner. Upon receipt
of the name and address of the owner, the
district court administrator shall
communicate the information to the law
enforcement agency.
Subd. 4.
Requirement for owner who is not driver.
If the driver is not the owner of the
vehicle, the officer may send or provide a
notice to the owner of the vehicle requiring
the owner to produce proof of insurance for
the vehicle that was being operated at the
time of the demand. Notice by mail is
presumed to be received five days after
mailing and shall be sent to the owner's
current address or the address listed on the
owner's driver's license. Within ten days
after receipt of the notice, the owner shall
produce the required proof of insurance to
the place stated in the notice received by
the owner. The required proof of insurance
may be sent by mail by the owner as long as
it is received within ten days. Any owner
who fails to produce proof of insurance
within ten days of an officer's request
under this subdivision is guilty of a
misdemeanor. The peace officer may mail the
citation to the owner's current address or
address stated on the owner's driver's
license. It is an affirmative defense to a
charge against the owner that the driver
used the owner's vehicle without consent, if
insurance would not have been required in
the absence of the unauthorized use by the
driver. It is not a defense that a person
failed to notify the Department of Public
Safety of a change of name or address as
required under section
171.11.
The citation may be sent after the ten-day
period.
Subd. 5.
Exemptions. Buses or other commercial
vehicles operated by the Metropolitan
Council, commercial vehicles required to
file proof of insurance pursuant to chapter
221, and
school buses as defined in section
171.01,
subdivision 45, are exempt from
this section.
Subd.
5a.
Consecutive sentences. The court
may impose consecutive sentences for
offenses arising out of a single course of
conduct as permitted in section
609.035, subdivision 2.
Subd. 6. Penalty.
In addition to any sentence of imprisonment
that the court may impose, the court shall
impose a fine of not less than $200
nor more than the
maximum fine applicable to
misdemeanors upon conviction under this
section. The court may allow community
service in
lieu of any fine imposed if the defendant is
indigent. In addition to criminal penalties,
a person
convicted under this section is subject to
revocation of a driver's license or permit
to drive under section
169.792, subdivision 7, and to
revocation of motor vehicle registration
under section
169.792, subdivision 12.
Subd. 7. False
information; penalty. Any person who
knowingly provides false information to an
officer or district court administrator
under this section is guilty of a
misdemeanor. False information; penalty.
Any person who knowingly provides false
information to an officer or district court
administrator under this section is guilty
of a misdemeanor.
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