Missouri Statute | Act | Code |Motor Vehicles, Watercraft And Aviation| US Code - US Statute | Chapter 303 Motor Vehicle Financial Responsibility Law

This chapter may be cited as "The Motor Vehicle Financial
Responsibility Law". (L. 1953 p. 569, A.L. 1986 S.B. 424)

Effective 7-1-87

(1980) Uninsured motorist statute has no application in cases where
tort-feasor did have automobile liability policy which complied with
requirements of Motor Vehicle Safety Responsibility Law. Harrison v. MFA
Mutual Insurance Co. (Mo.), 607 S.W.2d 137.

(1987) This chapter prior to the effective date of section 303.025 has no
effect on increasing liability limits of automobile insurance policy
according to provision in policy that coverage would be increased beyond
limits set in policy where such limits were less than the minimum
required to meet a state's financial responsibility laws since this
chapter before the enactment of section 303.025 was not compulsory but
allowed motorists to avoid financial responsibility until after one
accident. Protective Cas. Ins. Co. v. Cook, 734 S.W.2d 898 (Mo.App. E.D.).

As used in this chapter the following words and phrases shall
mean:

(1) "Chauffeur", a person who is employed for the principal purpose of
operating a motor vehicle or any person who drives a motor vehicle while
in use as a public or common carrier of persons or property for hire;

(2) "Director", director of revenue of the state of Missouri, acting
directly or through his authorized officers and agents;

(3) "Judgment", a final judgment by a court of competent jurisdiction of
any state or of the United States, upon a claim for relief for damages,
including damages for care and loss of services, because of bodily injury
to or death of any person, or for damages because of injury to or
destruction of property, including the loss of use thereof, or upon a
claim for relief on any agreement or settlement for such damages arising
out of the ownership, maintenance or use of any motor vehicle;

(4) "License", an operator's or driver's license, temporary instruction
permit, chauffeur's or registered operator's license issued under the
laws of this state;

(5) "Motor vehicle", a self-propelled vehicle which is designed for use
upon a highway, except trailers designed for use with such vehicles,
traction engines, road rollers, farm tractors, tractor cranes, power
shovels, well drillers and motorized bicycles, as defined in section
307.180, RSMo, and every vehicle which is propelled by electric power
obtained from overhead wires but not operated upon rails;

(6) "Nonresident", a person not a resident of the state of Missouri;

(7) "Nonresident's operating privilege", the privilege conferred upon a
nonresident by the laws of this state pertaining to the operation by him
of a motor vehicle, or the use of a motor vehicle owned by him in this
state;

(8) "Operator", a person who is in actual physical control of a motor
vehicle;

(9) "Owner", a person who holds the legal title to a motor vehicle; or in
the event a motor vehicle is the subject of an agreement for the
conditional sale or lease thereof with the right of purchase upon
performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or lessee,
or in the event a mortgagor of a motor vehicle is entitled to possession
thereof, then such conditional vendee or lessee or mortgagor;

(10) "Proof of financial responsibility", proof of ability to respond in
damages for liability, on account of accidents occurring subsequent to
the effective date of said proof, arising out of the ownership,
maintenance or use of a motor vehicle, in the amount of twenty-five
thousand dollars because of bodily injury to or death of one person in
any one accident, and, subject to said limit for one person, in the
amount of fifty thousand dollars because of bodily injury to or death of
two or more persons in any one accident, and in the amount of ten
thousand dollars because of injury to or destruction of property of
others in any one accident;

(11) "Registration", registration certificate or certificates and
registration plates issued under the laws of this state pertaining to the
registration of motor vehicles;

(12) "State", any state, territory or possession of the United States,
the District of Columbia, or any province of the Dominion of Canada;

(13) "Street" or "highway", the entire width between property lines of
every way or place of whatever nature when any part thereof is open to
the use of the public, as a matter of right, for purposes of vehicular
traffic. (L. 1953 p. 569 § 303.010, A.L. 1965 p. 481, A.L. 1980 H.B. 995
& 1051, A.L. 1981 S.B. 201, A.L. 1986 S.B. 424, A.L. 1987 S.B. 114)

Effective 6-19-87

(2004) Horse-drawn buggy is not a "motor vehicle" as defined in section
and thus is not an uninsured motor vehicle within provision of automobile
insurance policy. Ferguson v. Gateway Insurance Co., 151 S.W.3d 911
(Mo.App. W.D.).

1. Each insurer issuing motor vehicle liability policies in this
state, or an agent of the insurer, shall furnish an insurance
identification card to the named insured for each motor vehicle insured
by a motor vehicle liability policy that complies with the requirements
of sections 303.010 to 303.050, 303.060, 303.140, 303.220, 303.290,
303.330 and 303.370.

2. The insurance identification card shall include all of the following
information:

(1) The name and address of the insurer;

(2) The name of the named insured;

(3) The policy number;

(4) The effective dates of the policy, including month, day and year;

(5) A description of the insured motor vehicle, including year and make
or at least five digits of the vehicle identification number or the word
"Fleet" if the insurance policy covers five or more motor vehicles; and

(6) The statement "THIS CARD MUST BE CARRIED IN THE INSURED MOTOR VEHICLE
FOR PRODUCTION UPON DEMAND" prominently displayed on the card.

3. A new insurance identification card shall be issued when the insured
motor vehicle is changed, when an additional motor vehicle is insured,
and when a new policy number is assigned. A replacement insurance
identification card shall be issued at the request of the insured in the
event of loss of the original insurance identification card.

4. The director shall furnish each self-insurer, as provided for in
section 303.220, an insurance identification card for each motor vehicle
so insured. The insurance identification card shall include all of the
following information:

(1) Name of the self-insurer;

(2) The word "self-insured"; and

(3) The statement "THIS CARD MUST BE CARRIED IN THE SELF-INSURED MOTOR
VEHICLE FOR PRODUCTION UPON DEMAND" prominently displayed on the card.

5. An insurance identification card shall be carried in the insured motor
vehicle at all times. The operator of an insured motor vehicle shall
exhibit the insurance identification card on the demand of any peace
officer, commercial vehicle enforcement officer or commercial vehicle
inspector who lawfully stops such operator or investigates an accident
while that officer or inspector is engaged in the performance of the
officer's or inspector's duties. If the operator fails to exhibit an
insurance identification card, the officer or inspector shall issue a
citation to the operator for a violation of section 303.025. A motor
vehicle liability insurance policy, a motor vehicle liability insurance
binder, or receipt which contains the policy information required in
subsection 2 of this section, shall be satisfactory evidence of insurance
in lieu of an insurance identification card. (L. 1986 S.B. 424, A.L. 1992
H.B. 1574, A.L. 1997 H.B. 207, A.L. 1998 H.B. 1802, A.L. 1999 S.B. 19)

Effective 1-1-00

1. No owner of a motor vehicle registered in this state, or
required to be registered in this state, shall operate, register or
maintain registration of a motor vehicle, or permit another person to
operate such vehicle, unless the owner maintains the financial
responsibility which conforms to the requirements of the laws of this
state. Furthermore, no person shall operate a motor vehicle owned by
another with the knowledge that the owner has not maintained financial
responsibility unless such person has financial responsibility which
covers the person's operation of the other's vehicle; however, no owner
shall be in violation of this subsection if he or she fails to maintain
financial responsibility on a motor vehicle which is inoperable or being
stored and not in operation. The director may prescribe rules and
regulations for the implementation of this section.

2. A motor vehicle owner shall maintain the owner's financial
responsibility in a manner provided for in section 303.160, or with a
motor vehicle liability policy which conforms to the requirements of the
laws of this state.

3. Any person who violates this section is guilty of a class C
misdemeanor. However, no person shall be found guilty of violating this
section if the operator demonstrates to the court that he or she met the
financial responsibility requirements of this section at the time the
peace officer, commercial vehicle enforcement officer or commercial
vehicle inspector wrote the citation. In addition to any other authorized
punishment, the court shall notify the director of revenue of any person
convicted pursuant to this section and shall do one of the following:

(1) Enter an order suspending the driving privilege as of the date of the
court order. If the court orders the suspension of the driving privilege,
the court shall require the defendant to surrender to it any driver's
license then held by such person. The length of the suspension shall be
as prescribed in subsection 2 of section 303.042. The court shall forward
to the director of revenue the order of suspension of driving privilege
and any license surrendered within ten days;

(2) Forward the record of the conviction for an assessment of four
points; or

(3) In lieu of an assessment of points, render an order of supervision as
provided in section 302.303, RSMo. An order of supervision shall not be
used in lieu of points more than one time in any thirty-six-month period.
Every court having jurisdiction pursuant to the provisions of this
section shall forward a record of conviction to the Missouri state
highway patrol, or at the written direction of the Missouri state highway
patrol, to the department of revenue, in a manner approved by the
director of the department of public safety. The director shall establish
procedures for the record keeping and administration of this section.

4. Nothing in sections 303.010 to 303.050, 303.060, 303.140, 303.220,
303.290, 303.330 and 303.370 shall be construed as prohibiting the
department of insurance from approving or authorizing those exclusions
and limitations which are contained in automobile liability insurance
policies and the uninsured motorist provisions of automobile liability
insurance policies.

5. If a court enters an order of suspension, the offender may appeal such
order directly pursuant to chapter 512, RSMo, and the provisions of
section 302.311, RSMo, shall not apply. (L. 1986 S.B. 424, A.L. 1997 H.B.
207, A.L. 1999 S.B. 19, A.L. 2000 H.B. 1797 merged with H.B. 1948, A.L.
2001 S.B. 267)

(1993) Where parents' son, while operating motorcycle, was killed in
collision with motor vehicle and parents of motor vehicle operator had
obtained liability insurance on vehicle in son's name but failed to
insure parents' ownership interest in motor vehicle, parents of
motorcyclist could bring action under uninsured motorist protection of
insurance policy on motorcycle. Although section does not require person
to insure an ownership interest in motor vehicle from negligent
entrustment claim, person's failure to do so places claim for negligent
entrustment within victim's uninsured motorist protection. Whitehead v.
Weir, 862 S.W.2d 507 (Mo. App. W.D.).

(2002) No causal relationship exists between failure to purchase
insurance and act of negligent operation of a vehicle, therefore failure
to obey Motor Vehicle Financial Responsibility Law cannot serve as basis
for claim of active negligence. Lecave v. Hardy, 73 S.W.3d 637 (Mo.App.
E.D.).

1. The director shall inform each owner who registers a motor
vehicle of the following:

(1) The existence of the requirement that every motor vehicle owner in
the state must maintain his financial responsibility;

(2) The requirement that every motor vehicle owner show an insurance
identification card, or a copy thereof, or other proof of financial
responsibility at the time of vehicle registration; this notice shall be
given at least thirty days prior to the month for renewal and shall be
shown in bold, colored print;

(3) The penalties which apply to violations of the requirement to
maintain financial responsibility;

(4) The benefits of maintaining coverages in excess of those which are
required;

(5) The director's authority to conduct samples of Missouri motor vehicle
owners to ensure compliance.

2. No motor vehicle owner shall be issued registration for a vehicle
unless the owner, or his authorized agent, signs an affidavit provided by
the director of revenue at the time of registration of the vehicle
certifying that such owner has and will maintain, during the period of
registration, financial responsibility with respect to each motor vehicle
that is owned, licensed or operated on the streets or highways. The
affidavit need not be notarized, but it shall be acknowledged by the
person processing the form. The affidavit shall state clearly and in bold
print the following: "Any false affidavit is a crime under section
575.050 of Missouri law.". In addition, every motor vehicle owner shall
show proof of such financial responsibility by presenting his or her
insurance identification card, as described in section 303.024, or a copy
thereof, or some other proof of financial responsibility in the form
prescribed by the director of revenue at the time of registration unless
such owner registers his vehicle in conjunction with a reciprocity
agreement entered into by the Missouri highway reciprocity commission
pursuant to sections 301.271 to 301.279, RSMo, or unless the owner
insures the vehicle according to the requirements of the division of
motor carrier and railroad safety pursuant to section 390.126, RSMo.

3. To ensure compliance with this chapter, the director may utilize a
variety of sampling techniques including but not limited to random
samples of registrations subject to this section, uniform traffic
tickets, insurance information provided to the director at the time of
motor vehicle registration, and persons who during the preceding year
have received a disposition of court-ordered supervision or suspension.
The director may verify the financial responsibility of any person
sampled or reported.

(1) Beginning January 1, 2001, the director may require such information,
as in his or her discretion is necessary to enforce the requirements of
subdivision (1) of subsection 1 of this section, to be submitted from the
person's insurer or insurance company. When requested by the director of
revenue, all licensed insurance companies in this state which sell
private passenger (noncommercial) motor vehicle insurance policies shall
report information regarding the issuance, nonrenewal and cancellation of
such policies to the director, excluding policies issued to owners of
fleet or rental vehicles or issued on vehicles that are insured pursuant
to a commercial line policy. Such information shall be reported
electronically in a format as prescribed by the director of the
department of revenue by rule except that such rule shall provide for an
exemption from electronic reporting for insurers with a statistically
insignificant number of policies in force.

(2) The director may require the data described in subsection 2 of
section 303.412 to be reported by insurance companies and require
reporting periods of at least once per month. When required by the
director of revenue, each insurance company shall provide to the
department a record of each policy issued, canceled, terminated or
revoked during the period since the previous report. Nothing in this
section shall prohibit insurance companies from reporting more frequently
than once per month.

(3) The director may use reports described in subdivision (1) of this
subsection for sampling purposes as provided in this section.

4. Information provided to the department by an insurance company for use
in accordance with this section is the property of the insurer and is not
subject to disclosure pursuant to chapter 610, RSMo. Such information may
be utilized by the department for enforcement of this chapter but may not
be disclosed except that the department shall disclose whether an
individual is maintaining the required insurance coverage upon request of
the following individuals and agencies only:

(1) The individual;

(2) The parent or legal guardian of an individual if the individual is an
unemancipated minor;

(3) The legal guardian of the individual if the individual is legally
incapacitated;

(4) Any person who has power of attorney from the individual;

(5) Any person who submits a notarized release from the individual that
is dated no more than ninety days before the request is made;

(6) Any person claiming loss or injury in a motor vehicle accident in
which the individual is involved;

(7) The office of the state auditor, for the purpose of conducting any
audit authorized by law.

5. The director, after consultation with the working group as provided
for in section 303.406, may adopt any rules and regulations necessary to
carry out the provisions of subdivisions (1) through (3) of subsection 3
of this section. Any rule or portion of a rule, as that term is defined
in section 536.010, RSMo, that is created under the authority delegated
in this section shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2000, shall be invalid and void.

6. Any person or agency who knowingly discloses information received from
insurance companies pursuant to this section for any purpose, or to a
person, other than those authorized in this section is guilty of a class
A misdemeanor. No insurer shall be liable to any person for performing
its duties pursuant to this section unless and to the extent the insurer
commits a willful and wanton act of omission.

7. The department of revenue shall notify the department of insurance of
any insurer who violates any provisions of this section. The department
of insurance may, against any insurer who knowingly fails to comply with
this section, assess an administrative penalty up to five hundred dollars
per day of noncompliance. The department of insurance may excuse the
administrative penalty if an assessed insurer provides acceptable proof
that such insurer's noncompliance was inadvertent, accidental or the
result of excusable neglect. The penalty provisions of this section shall
become effective six months after the rule issued pursuant to subsections
3 and 5 of this section is* published in the code of state regulations.

8. To verify that financial responsibility is being maintained, the
director shall notify the owner or operator of the need to provide,
within fifteen days, proof of the existence of the required financial
responsibility. The request shall require the owner or the operator to
state whether or not the motor vehicle was insured on the verification
date stated in the director's request. The request may include but not be
limited to a statement of the names and addresses of insurers, policy
numbers and expiration date of insurance coverage. Failure to provide
such information shall result in the suspension of the registration of
the owner's motor vehicle, and where applicable, the owner's or the
operator's driving privilege, for failing to meet such requirements, as
is provided in this chapter. (L. 1986 S.B. 424, A.L. 1997 H.B. 207, A.L.
1999 S.B. 19, A.L. 2000 H.B. 1797)

*Word "are" appears in original rolls.

CROSS REFERENCES:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

Highway reciprocity commission abolished, duties and functions
transferred to highways and transportation commission, RSMo 226.008

1. If within twenty days after the receipt of a report of a
motor vehicle accident within this state which has resulted in bodily
injury or death, or damage to the property of any one person in excess of
five hundred dollars, the director does not have on file evidence
satisfactory to him that the person who would otherwise be required to
file security under subsection 2 of this section has been released from
liability, or has been finally adjudicated not to be liable, or has
executed a duly acknowledged written agreement providing for the payment
of an agreed amount in installments with respect to all claims for
injuries or damages resulting from the accident, the director shall
determine the amount of security which shall be sufficient in his
judgment to satisfy any judgment for damages resulting from such accident
as may be recovered against each operator or owner. Any person
challenging the director's determination shall have the burden of proving
he or she was not at fault.

2. The director shall, within ninety days after the receipt of such
report of a motor vehicle accident, suspend the license of each operator,
and all registrations of each owner of a motor vehicle, in any manner
involved in such accident, and if such operator is a nonresident the
privilege of operating a motor vehicle within this state, and if such
owner is a nonresident the privilege of the use within this state of any
motor vehicle owned by him, unless such operator or owner or both shall
deposit security in the sum so determined by the director; provided
notice of such suspension shall be sent by the director to such operator
and owner not less than ten days prior to the effective date of such
suspension and shall state the amount required as security; provided,
however, that the period of suspension provided for in this section shall
be in addition to any period of suspension imposed under sections 303.041
and 303.042.

3. Where erroneous information is given the director with respect to the
matters set forth in subdivision (1), (2) or (3) of subsection 4 of this
section, he shall take appropriate action as hereinbefore provided,
within forty-five days after receipt by him of correct information with
respect to said matters.

4. This section shall not apply under the conditions stated in section
303.070, nor:

(1) To such operator or owner if such owner had in effect at the time of
such accident an automobile liability policy with respect to the motor
vehicle involved in such accident;

(2) To such operator, if not the owner of such motor vehicle, if there
was in effect at the time of such accident an automobile liability policy
or bond with respect to his operation of motor vehicles not owned by him;

(3) To such operator or owner if the liability of such operator or owner
for damages resulting from such accident is, in the judgment of the
director, covered by any other form of liability insurance policy or
bond; nor

(4) To any person qualifying as a self-insurer under section 303.220, nor
to any person operating a motor vehicle for such self-insurer.

5. No such policy or bond shall be effective under this section unless
issued by an insurance company or surety company authorized to do
business in this state, except that if such motor vehicle was not
registered in this state, or was a motor vehicle which was registered
elsewhere than in this state at the effective date of the policy or bond,
or the most recent renewal thereof, such policy or bond shall not be
effective under this section unless the insurance company or surety
company, if not authorized to do business in this state, shall execute a
power of attorney authorizing the director to accept service on its
behalf of notice or process in any action upon such policy or bond
arising out of such accident; provided, however, every such policy or
bond is subject, if the accident has resulted in bodily injury or death,
to a limit, exclusive of interest and costs, of not less than twenty-five
thousand dollars because of bodily injury to or death of one person in
any one accident and, subject to said limit for one person, to a limit of
not less than fifty thousand dollars because of bodily injury to or death
of two or more persons in any one accident, and, if the accident has
resulted in injury to or destruction of property, to a limit of not less
than ten thousand dollars because of injury to or destruction of property
of others in any one accident. (L. 1953 p. 569 § 303.050, A.L. 1965 p.
481, A.L. 1969 3d Ex. Sess. H.B. 30, A.L. 1981 S.B. 201, A.L. 1986 S.B.
424, A.L. 1997 H.B. 207)

Effective 1-1-98

(1986) The term "uninsured motorist" as used in section 379.203, RSMo,
includes a motorist who is underinsured by the standards of section
303.030, RSMo. Cook v. Pedigo, 714 S.W.2d 949 (Mo.App.E.D.).

(1997) Uninsured motorist policy may allow setoff and is allowed only up
to statutory minimum. Tatum v. Van Liner Ins. Co. of Fenton, MO, 104 F.3d
223 (8th Cir.).

1. The operator or owner of every motor vehicle which is
involved in an accident within this state or the owner of a legally or
illegally parked car which is in any manner involved in an accident
within this state, with an uninsured motorist, upon the streets or
highways thereof, or on any publicly or privately owned parking lot or
parking facility generally open for use by the public, in which any
person is killed or injured or in which damage to property of any one
person, including himself, in excess of five hundred dollars is
sustained, and the owner or operator of every motor vehicle which is
involved in an accident within this state if such owner or operator does
not carry motor vehicle liability insurance shall, within thirty days
after such accident, report the matter in writing to the director. Such
report, the form of which shall be prescribed by the director, shall
provide the operator with notice of the following:

(1) That it is the responsibility of the operator, not the state, to
bring an action at law on the claim of the operator arising out of the
accident;

(2) That the security deposited shall only be applied to the payment of a
judgment against the person or persons on whose behalf the deposit was
made;

(3) That the department of revenue shall return the deposit to the
depositor after the expiration of one year from the date of the accident,
or as otherwise provided in section 303.060. In addition, the report
shall contain such information as will enable the director to determine
whether the requirements for the deposit of security under section
303.030 are inapplicable by reason of the existence of insurance or other
exceptions specified in this chapter, or whether the required financial
responsibility has been met by the owner or operator of the motor vehicle
as required by section 303.025. The director may rely upon the accuracy
of such information unless and until he has reason to believe that the
information is erroneous. If such operator be physically incapable of
making such report, the owner of the motor vehicle involved in such
accident shall, within thirty days after learning of the accident, make
such report. If the operator is also the owner and is incapable of filing
such report as is required by this section, then the report will be filed
as soon as the operator-owner is so capable. If the report is late by
reason of incapability, a doctor's certificate must accompany the report
certifying same. The operator or the owner shall furnish such additional
relevant information as the director shall require.

2. If any party involved in an accident files a report under this
section, the director shall notify, within ten days after receipt of the
report, all other parties involved in the accident as specified in the
report that a report has been filed and such other parties shall then
furnish, within ten days, the director with such information as the
director may request. (L. 1953 p. 569, A.L. 1976 H.B. 1392, A.L. 1979
H.B. 167, A.L. 1986 S.B. 424)

Effective 7-1-87

1. If the director determines that as a result of a verification
sample or accident report that the owner of a motor vehicle has not
maintained financial responsibility, or if the director determines as a
result of an order of supervision that the operator of a motor vehicle
has not maintained the financial responsibility as required in this
chapter, the director shall thirty-three days after mailing notice,
suspend the driving privilege of the owner or operator and/or the
registration of the vehicle failing to meet such requirement. The notice
of suspension shall be mailed to the person at the last known address
shown on the department's records. The notice of suspension is deemed
received three days after mailing. The notice of suspension shall clearly
specify the reason and statutory grounds for the suspension and the
effective date of the suspension, the right of the person to request a
hearing, the procedure for requesting a hearing, and the date by which
that request for a hearing must be made. If the request for a hearing is
received by the department prior to the effective date of the suspension,
the effective date of the suspension will be stayed until a final order
is issued following the hearing.

2. Neither the fact that subsequent to the date of verification or
conviction, the owner acquired the required liability insurance policy
nor the fact that the owner terminated ownership of the motor vehicle,
shall have any bearing upon the director's decision to suspend. Until it
is terminated, the suspension shall remain in force after the
registration is renewed or a new registration is acquired for the motor
vehicle. The suspension also shall apply to any motor vehicle to which
the owner transfers the registration. Effective January 1, 2000, the
department shall not extend any suspension for failure to pay a
delinquent late surrender fee pursuant to this subsection. (L. 1986 S.B.
424, A.L. 1999 S.B. 19, A.L. 2000 H.B. 1797, A.L. 2001 S.B. 267)

1. The suspension shall become effective thirty days after the
subject person is deemed to have received the notice of suspension by
ordinary mail as provided in section 303.041.

2. The period of suspension under this section shall be as follows:

(1) If the person's record shows no prior violation, the director shall
terminate the suspension upon payment of a reinstatement fee of twenty
dollars and submission of proof of insurance as prescribed in section
303.026 or some other form of proof of insurance as prescribed by the
director;

(2) If the person's record shows one prior violation within the
immediately preceding two years, the director shall terminate the
suspension ninety days after its effective date upon payment of a
reinstatement fee of two hundred dollars and submission of proof of
insurance as prescribed in section 303.026 or some other form of proof of
insurance as prescribed by the director;

(3) If the person's record shows two or more prior violations, the period
of suspension shall terminate one year after its effective date upon
payment of a reinstatement fee of four hundred dollars and submission of
proof of insurance as prescribed in section 303.026 or some other form of
proof of insurance as prescribed by the director.

3. In the event that proof of insurance required by this section has not
been filed with the department of revenue in accordance with this chapter
prior to the end of the period of suspension provided in this section,
such period of suspension shall be extended until such proof of insurance
as prescribed by the director has been filed. In no event shall filing
proof of insurance as prescribed by the director reduce any period of
suspension.

4. If the director determines that the proof of insurance submitted by a
motor vehicle owner or operator pursuant to this chapter is false, the
director shall suspend the owner's vehicle registration and operator's
driving privilege. The director shall terminate the suspension one year
after the effective date upon payment by the owner or operator of a
reinstatement fee of one hundred fifty dollars and submission of proof of
insurance as prescribed in section 303.026 or some other form of proof of
insurance as prescribed by the director.

5. In all cases involving a suspension as provided in this section, the
director shall not require an individual to file a certificate of
insurance as provided in section 303.170 or section 303.180 or some other
form of high-risk insurance in order to terminate the suspension,
excluding cases involving a motor vehicle accident where one or more
parties involved in the accident were uninsured. (L. 1986 S.B. 424, A.L.
1999 S.B. 19, A.L. 2000 H.B. 1797)

Effective 3-1-01

*Reprinted due to effective date. (L. 1986 S.B. 424, A.L. 1999 S.B. 19)

Effective 1-1-00

After the period of suspension provided in section 303.042 has
elapsed, the owner or operator, or both, whose license or registration
has been suspended must file proof of insurance as prescribed in section
303.026 or some other proof of insurance as prescribed by the director
for a period of three years thereafter with respect to all motor vehicles
registered to him. If proof of insurance is not maintained during the
three-year period to the satisfaction of the director, he shall again
suspend the license and all registrations until the owner or operator
shall thereafter maintain proof of insurance as set out herein. In no
case shall the director require the person whose license or registration
has been suspended pursuant to this section to file a certificate of
insurance as prescribed by section 303.170 or section 303.180 or some
other form of high-risk insurance, excluding cases involving a motor
vehicle accident where one or more parties involved in the accident were
uninsured. (L. 1986 S.B. 424, A.L. 2000 H.B. 1797)

Effective 3-1-01

*Reprinted due to effective date.

The director of revenue shall keep all records filed under the
provisions of sections 303.040, 303.100, and 303.150, in his custody at
the City of Jefferson. All records and files pertaining to reports of
accidents, unsatisfied judgments, and suspensions or revocations of
license as the result of convictions may be destroyed, provided they have
been finally closed by the director for a period of one year. (L. 1957 p.
627 § 303.041, A.L. 1961 p. 494)

1. The security required under this chapter shall be in such
form and in such amount as the director may require but in no case in
excess of the limits specified in section 303.030 in reference to the
acceptable limits of a policy or bond. The person depositing security
shall specify in writing the person or persons on whose behalf the
deposit is made and, at any time while such deposit is in the custody of
the director or state treasurer, the person depositing it may, in
writing, amend the specification of the person or persons on whose behalf
the deposit is made to include an additional person or persons; provided,
however, that a single deposit of security shall be applicable only on
behalf of persons required to furnish security because of the same
accident.

2. The director may reduce the amount of security ordered in any case
within one year after the date security was first required if, in his
judgment, the amount ordered is excessive. In case the security
originally ordered has been deposited, the excess deposited over the
reduced amount ordered shall be returned to the depositor or his personal
representative forthwith, notwithstanding the provisions of section
303.060. (L. 1953 p. 569 § 303.090, A.L. 1986 S.B. 424)

Effective 7-1-87

When a judgment is rendered and is secured as provided by this
chapter, the director shall provide the judgment-creditor with
information describing the form and amount of the security the
judgment-debtor has deposited with the director. (L. 1957 p. 634)

1. Security deposited in compliance with the requirements of
this chapter shall be deposited with the director of revenue, and shall
be applicable only to the payment of a judgment or judgments rendered
against the person or persons on whose behalf the deposit was made, for
damages arising out of the accident in question in an action at law,
begun not later than one year after the date of such accident, or within
one year after the date of deposit of any security under subdivision (3)
of section 303.140, or to the payment in settlement, agreed to by the
depositor, of a claim or claims arising out of such accident.

2. The deposit or balance thereof shall be returned to the depositor, his
personal representative, or an assignee when evidence satisfactory to the
director has been filed with him that there has been a release from
liability, or a final adjudication of nonliability, or a duly
acknowledged agreement, in accordance with subdivision (3) of section
303.070, or whenever, after the expiration of one year from the date of
the accident, or from the date of any security required under subdivision
(3) of section 303.140, the director shall be given reasonable evidence
that there is no such action pending and no judgment rendered in such
action left unpaid. (L. 1953 p. 569 § 303.100, A.L. 1957 p. 634, A.L.
1986 S.B. 424)

Effective 7-1-87

The requirements as to security and suspension in section
303.030 shall not apply:

(1) To the operator or the owner of a motor vehicle involved in an
accident wherein no injury or damage was caused to the person or property
of anyone other than such operator or owner;

(2) To the owner of a motor vehicle if at the time of the accident the
vehicle was being operated without his permission, express or implied, or
was parked by a person who had been operating such motor vehicle without
such permission; nor

(3) If, prior to the date that the director would otherwise suspend the
license and registration or nonresident's operating privilege under
section 303.030, there shall be filed with the director evidence
satisfactory to him that the person who would otherwise be required to
file security has been released from liability or been finally
adjudicated not to be liable or has executed a duly acknowledged written
agreement providing for the payment of an agreed amount in installments,
with respect to all claims for injuries or damages resulting from the
accident. (L. 1953 p. 569 § 303.060, A.L. 1976 H.B. 1392)

(1963) Plaintiff in this action was driving a state-owned car and had no
liability insurance coverage. In order to avoid loss of his operator's
license under this section he obtained a release on the form provided by
the department of revenue from defendants in this action. Held that under
certain circumstances a person obtaining a release from the other party
is estopped to assert a cause of action against that party. Eberting v.
Skinner (A.), 364 S.W.2d 829.

(1963) Release estopped from suing releasor for damages arising out of
motor vehicle collision. Farmer v. Arnold (Mo.), 371 S.W.2d 265.

1. In case the operator or the owner of a motor vehicle involved
in an accident within this state has no license or registration, or is a
nonresident, he shall not be allowed a license or registration until he
has complied with the requirements of this chapter to the same extent
that would be necessary if, at the time of the accident, he had held a
license and registration.

2. When a nonresident's operating privilege is suspended pursuant to
section 303.030 or section 303.140, the director shall transmit a
certified copy of the record of such action to the official in charge of
the issuance of licenses and registration certificates in the state in
which such nonresident resides, if the law of such other state provides
for action in relation thereto similar to that provided for in subsection
3 of this section.

3. Upon receipt of such certification that the operating privilege of a
resident of this state has been suspended or revoked in any such other
state pursuant to a law providing for its suspension or revocation for
failure to deposit security for the payment of judgments arising out of a
motor vehicle accident, under circumstances which would require the
director to suspend a nonresident's operating privilege had the accident
occurred in this state, the director shall suspend the license of such
resident if he was the operator, and all of his registrations if he was
the owner of a motor vehicle involved in such accident. Such suspension
shall continue until such resident furnishes evidence of his compliance
with the law of such other state relating to the deposit of such
security. (L. 1953 p. 569)

1. Whenever any person fails within sixty days to satisfy any
final judgment in amounts and upon a cause of action as herein stated, it
shall be the duty of the clerk of the court, or of the judge of a court
which has no clerk, in which any such judgment is rendered within this
state, to forward to the director immediately after the expiration of
said sixty days, a certified copy of such judgment.

2. If the defendant named in any certified copy of a judgment reported to
the director is a nonresident, the director shall immediately transmit a
certified copy of the judgment to the official in charge of the issuance
of licenses and registration certificates of the state of which the
defendant is a resident. (L. 1953 p. 569 § 303.120)

1. The director, upon the receipt of a certified copy of a
judgment, shall forthwith suspend the license and registration and any
nonresident's operating privilege of any person against whom such
judgment was rendered, except as hereinafter otherwise provided in this
section and in section 303.130.

2. If the judgment-creditor consents in writing, in such form as the
director may prescribe, that the judgment-debtor be allowed license and
registration or nonresident's operating privilege, the same may be
allowed by the director, in his discretion, for six months from the date
of such consent and thereafter until such consent is revoked in writing
notwithstanding default in the payment of such judgment, or of any
installments thereof prescribed in section 303.130 provided the
judgment-debtor furnishes proof of financial responsibility. (L. 1953 p.
569 § 303.130)

Such license, registration and nonresident's operating privilege
shall remain so suspended and shall not be renewed, nor shall any such
license or registration be thereafter issued in the name of such person,
including any such person not previously licensed, unless and until every
such final judgment is stayed, satisfied in full or to the extent
hereinafter provided and until the said person gives proof of financial
responsibility subject to the exemptions stated in sections 303.100 and
303.130. A discharge in bankruptcy following the rendering of any such
judgment shall not relieve the judgment-debtor from any of the
requirements of this chapter. (L. 1953 p. 569 § 303.140)

1. Judgments herein referred to shall, for the purpose of this
chapter only, be deemed satisfied:

(1) When twenty-five thousand dollars has been credited upon any judgment
or judgments rendered in excess of that amount because of bodily injury
to or death of one person as the result of any one accident; or

(2) When, subject to such limit of twenty-five thousand dollars because
of bodily injury to or death of one person, the sum of fifty thousand
dollars has been credited upon any judgment or judgments rendered in
excess of that amount because of bodily injury to or death of two or more
persons as the result of any one accident; or

(3) When ten thousand dollars has been credited upon any judgment or
judgments rendered in excess of that amount because of injury to or
destruction of property of others as a result of any one accident.

2. Payments made in settlement of any claims because of bodily injury,
death or property damage arising from a motor vehicle accident shall be
credited in reduction of the amounts provided for in this section. (L.
1953 p. 569 § 303.150, A.L. 1965 p. 481, A.L. 1981 S.B. 201)

1. A judgment-debtor upon due notice to the judgment-creditor
may apply to the court in which such judgment was rendered for the
privilege of paying such judgment in installments and the court, in its
discretion and without prejudice to any other legal remedies which the
judgment-creditor may have, may so order and fix the amounts and times of
payment of the installments.

2. The director shall not suspend a license, registration or a
nonresident's operating privilege, and shall restore any license,
registration or nonresident's operating privilege suspended following
nonpayment of a judgment, when the judgment-debtor gives proof of
financial responsibility and obtains such an order permitting the payment
of such judgment in installments, and while the payment of any said
installment is not in default.

3. In the event the judgment-debtor fails to pay any installment as
specified by such order, then upon notice of such default, the director
shall forthwith suspend the license, registration or nonresident's
operating privilege of the judgment-debtor until such judgment is
satisfied, as provided in this chapter. (L. 1953 p. 569 § 303.160)

The license and registration and nonresident's operating
privilege suspended as provided in section 303.030 shall remain suspended
and shall not be renewed nor shall a license or registration be issued to
the person until:

(1) The person deposits, or there is deposited on his behalf, the
security required under section 303.030; or

(2) One year has elapsed following the date of the suspension, and no
claimant has filed notice, supported by a copy of the petition bearing
the court file number, that he has commenced an action in a court of
record, begun not later than one year after the date of such accident,
arising out of the accident on which the suspension is based; or

(3) Evidence satisfactory to the director is filed with him of a release
from liability, or a final adjudication of nonliability, or a duly
acknowledged written agreement, in accordance with subdivision (3) of
section 303.070; but if there is any default in the payment of any
installment under any duly acknowledged written agreement, then, upon
notice of the default, the director shall forthwith suspend the license
and registration or nonresident's operating privilege of the person
defaulting which shall not be restored unless and until:

(a) The person deposits and thereafter maintains security as required
under section 303.030 in the amount that the director then determines; or

(b) One year has elapsed following the date when the security was
required and during that period no action upon the agreement has been
instituted in a court of this state. (L. 1953 p. 569 § 303.070, A.L. 1961
p. 494, A.L. 1965 p. 95, A.L. 1986 S.B. 424)

Effective 7-1-87

1. Whenever the director, under any law of this state, suspends
or revokes the license of any person upon receiving record of a
conviction or a forfeiture of bail, the director shall also suspend the
registration for all motor vehicles registered in the name of such
person, except that he shall not suspend such registration, unless
otherwise required by law, if such person has previously given or shall
immediately give and thereafter maintain proof of financial
responsibility with respect to all motor vehicles registered by such
person.

2. Such license and registration shall remain suspended or revoked and
shall not at any time thereafter be renewed, nor shall any license be
thereafter issued to such person, nor shall any motor vehicle be
thereafter registered in the name of such person, until permitted under
the motor vehicle laws of this state, and not then unless and until he
shall give and thereafter maintain proof of financial responsibility.

3. If a person is not licensed, but by final order or judgment is
convicted of or forfeits any bail or collateral deposited to secure an
appearance for trial for any offense requiring the suspension or
revocation of license, or for operating a motor vehicle upon the highways
without being licensed to do so, or for operating an unregistered motor
vehicle upon the highways, no license shall be thereafter issued to such
person and no motor vehicle shall continue to be registered or thereafter
be registered in the name of such person, until he shall give and
thereafter maintain proof of financial responsibility.

4. Whenever the director suspends or revokes a nonresident's operating
privilege by reason of a conviction or forfeiture of bail, such privilege
shall remain so suspended or revoked unless such person shall have
previously given or shall immediately give and thereafter maintain proof
of financial responsibility. (L. 1953 p. 569 § 303.170)

1. Proof of financial responsibility when required under this
chapter with respect to a motor vehicle or with respect to a person who
is not the owner of a motor vehicle may be given by filing:

(1) A certificate of insurance as provided in section 303.170 or section
303.180; or

(2) A bond as provided in section 303.230; or

(3) A certificate of deposit of money or securities as provided in
section 303.240; or

(4) A certificate of self-insurance, as provided in section 303.220,
supplemented by an agreement by the self-insurer that, with respect to
accidents occurring while the certificate is in force, he will pay the
same judgments and in the same amounts that an insurer would have been
obligated to pay under an owner's motor vehicle liability policy if it
had issued such a policy to said self-insurer.

2. No motor vehicle shall be or continue to be registered in the name of
any person required to file proof of financial responsibility unless such
proof shall be furnished for such motor vehicle. (L. 1953 p. 569 §
303.180, A.L. 1961 p. 463)

(1974) A certificate of self-insurance is not a policy of insurance so as
to make holder liable in the same manner as "other valid and collectible
insurance". American Family Ins. Co. v. Missouri Power and Light Co.
(Mo.), 517 S.W.2d 110.

1. Proof of financial responsibility may be furnished by filing
with the director the written certificate of any insurance carrier duly
authorized to do business in this state certifying that there is in
effect a motor vehicle liability policy for the benefit of the person
required to furnish proof of financial responsibility. Such certificate
shall give the effective date of such motor vehicle liability policy,
which date shall be the same as the effective date of the certificate,
and shall designate by explicit description or by appropriate reference
all motor vehicles covered thereby, unless the policy is issued to a
person who is not the owner of a motor vehicle.

2. No motor vehicle shall be or continue to be registered in the name of
any person required to file proof of financial responsibility unless such
motor vehicle is so designated in such a certificate. (L. 1953 p. 569 §
303.190)

Every private passenger motor vehicle liability policy issued to
meet the requirements of this chapter shall have a minimum term of three
months. Each policy payment collected by the insurer shall be sufficient
to pay for at least one month's coverage under the policy, except that
this restriction shall not apply to payments on policies made by way of
payroll deductions. This section shall not be construed to interfere with
the cancellation and renewal provisions of sections 379.110 to 379.120,
RSMo, nor shall it apply to any fleet, rental, group or commercial motor
vehicle policy. (L. 1999 S.B. 19)

Effective 1-1-00

No person shall display evidence of insurance to a law
enforcement officer knowing there is no valid liability insurance in
effect on the motor vehicle as required pursuant to this chapter, or
knowing the evidence of insurance is illegally altered, counterfeit or
otherwise invalid as evidence of insurance. If the law enforcement
officer issues a citation to a motor vehicle operator for displaying
invalid evidence of insurance, the officer shall confiscate the evidence
for presentation in court. Any person convicted of violating this section
is guilty of a class A misdemeanor. (L. 1999 S.B. 19)

Effective 1-1-00

No person shall alter an invalid insurance card to make it
appear valid. No person knowingly shall make, sell or otherwise make
available an invalid or counterfeit insurance card. Any person who
violates this section is guilty of a class A misdemeanor. (L. 1999 S.B.
19)

Effective 1-1-00

1. The nonresident owner of a motor vehicle not registered in
this state may give proof of financial responsibility by filing with the
director a written certificate or certificates of an insurance carrier
authorized to transact business in the state in which the motor vehicle
or motor vehicle described in such certificate is registered, or if such
nonresident does not own a motor vehicle, then in the state in which the
insured resides, provided such certificate otherwise conforms to the
provisions of this chapter, and the director shall accept the same upon
condition that said insurance carrier complies with the following
provisions with respect to the policies so certified:

(1) Said insurance carrier shall execute a power of attorney authorizing
the director to accept service on its behalf of notice or process in any
action arising out of a motor vehicle accident in this state; and

(2) Said insurance carrier shall agree in writing that such policies
shall be deemed to conform with the laws of this state relating to the
terms of motor vehicle liability policies issued herein.

2. If any insurance carrier not authorized to transact business in this
state, which has qualified to furnish proof of financial responsibility,
defaults in any said undertakings or agreements, the director shall not
thereafter accept as proof any certificate of said carrier whether
theretofore filed or thereafter tendered as proof, so long as such
default continues. (L. 1953 p. 569 § 303.200)

1. A "motor vehicle liability policy" as said term is used in
this chapter shall mean an owner's or an operator's policy of liability
insurance, certified as provided in section 303.170 or section 303.180 as
proof of financial responsibility, and issued, except as otherwise
provided in section 303.180 by an insurance carrier duly authorized to
transact business in this state, to or for the benefit of the person
named therein as insured.

2. Such owner's policy of liability insurance:

(1) Shall designate by explicit description or by appropriate reference
all motor vehicles with respect to which coverage is thereby to be
granted;

(2) Shall insure the person named therein and any other person, as
insured, using any such motor vehicle or motor vehicles with the express
or implied permission of such named insured, against loss from the
liability imposed by law for damages arising out of the ownership,
maintenance or use of such motor vehicle or motor vehicles within the
United States of America or the Dominion of Canada, subject to limits,
exclusive of interest and costs, with respect to each such motor vehicle,
as follows: twenty-five thousand dollars because of bodily injury to or
death of one person in any one accident and, subject to said limit for
one person, fifty thousand dollars because of bodily injury to or death
of two or more persons in any one accident, and ten thousand dollars
because of injury to or destruction of property of others in any one
accident; and

(3) May exclude coverage against loss from liability imposed by law for
damages arising out of the use of such motor vehicles by a member of the
named insured's household who is a specifically excluded driver in the
policy.

3. Such operator's policy of liability insurance shall insure the person
named as insured therein against loss from the liability imposed upon him
or her by law for damages arising out of the use by him or her of any
motor vehicle not owned by him or her, within the said territorial limits
and subject to the same limits of liability as are set forth above with
respect to any owner's policy of liability insurance.

4. Such motor vehicle liability policy shall state the name and address
of the named insured, the coverage afforded by the policy, the premium
charged therefor, the policy period and the limits of liability, and
shall contain an agreement or be endorsed that insurance is provided
thereunder in accordance with the coverage defined in this chapter as
respects bodily injury and death or property damage, or both, and is
subject to all the provisions of this chapter.

5. Such motor vehicle liability policy need not insure any liability
pursuant to any workers' compensation law nor any liability on account of
bodily injury to or death of an employee of the insured while engaged in
the employment, other than domestic, of the insured, or while engaged in
the operation, maintenance or repair of any such motor vehicle nor any
liability for damage to property owned by, rented to, in charge of or
transported by the insured.

6. Every motor vehicle liability policy shall be subject to the following
provisions which need not be contained therein:

(1) The liability of the insurance carrier with respect to the insurance
required by this chapter shall become absolute whenever injury or damage
covered by said motor vehicle liability policy occurs; said policy may
not be canceled or annulled as to such liability by any agreement between
the insurance carrier and the insured after the occurrence of the injury
or damage; no statement made by the insured or on his or her behalf and
no violation of said policy shall defeat or void said policy;

(2) The satisfaction by the insured of a judgment for such injury or
damage shall not be a condition precedent to the right or duty of the
insurance carrier to make payment on account of such injury or damage;

(3) The insurance carrier shall have the right to settle any claim
covered by the policy, and if such settlement is made in good faith, the
amount thereof shall be deductible from the limits of liability specified
in subdivision (2) of subsection 2 of this section;

(4) The policy, the written application thereof, if any, and any rider or
endorsement which does not conflict with the provisions of this chapter
shall constitute the entire contract between the parties.

7. Any policy which grants the coverage required for a motor vehicle
liability policy may also grant any lawful coverage in excess of or in
addition to the coverage specified for a motor vehicle liability policy
and such excess or additional coverage shall not be subject to the
provisions of this chapter. With respect to a policy which grants such
excess or additional coverage the term "motor vehicle liability policy"
shall apply only to that part of the coverage which is required by this
section.

8. Any motor vehicle liability policy may provide that the insured shall
reimburse the insurance carrier for any payment the insurance carrier
would not have been obligated to make under the terms of the policy
except for the provisions of this chapter.

9. Any motor vehicle liability policy may provide for the prorating of
the insurance thereunder with other valid and collectible insurance.

10. The requirements of a motor vehicle liability policy may be fulfilled
by the policies of one or more insurance carriers which policies together
meet such requirements.

11. Any binder issued pending the issuance of a motor vehicle liability
policy shall be deemed to fulfill the requirement for such a policy. (L.
1953 p. 569 § 303.210, A.L. 1965 p. 481, A.L. 1981 S.B. 201, A.L. 1999
S.B. 19)

CROSS REFERENCE: Uninsured motorist liability insurance, RSMo 379.201,
379.203

(1991) Where motorist's policy did not contain language that purports to
meet the requirements of the financial responsibility law, it was
motorist's responsibility to purchase coverage in compliance with the
law. Because an insured can meet the requirements of the financial
responsibility law by combining the policies of several different
insurers, no insurer can be held liable for a deficiency of coverage
unless its policy states that it alone meets the requirements of the law.
Dairyland Insurance Co. v. Morse, 771 F.Supp. (E.D. Mo.).

(1991) Section expresses the public policy of Missouri. A clause which
excludes coverage for member of immediate family in automobile insurance
policy denies coverage for liability which the law recognizes; therefore,
family exclusion clause is void as against the public policy of Missouri.
State Farm Mutual Automobile Insurance Co. v. Monday, 847 S.W.2d 468 (Mo.
App. W.D.)

(2000) When multiple liability policies are in place and each contains a
household exclusion clause, section does not restrict minimum liability
payments to single policy. American Standard Insurance Company v.
Hargrave, 34 S.W.3d 88 (Mo.banc).

After consultation with insurance companies authorized to issue
automobile liability policies in this state, the director of the
department of insurance shall approve a reasonable plan or plans for the
equitable apportionment among such companies of applicants for such
policies and for motor vehicle liability policies who are in good faith
entitled to but are unable to procure such policies through ordinary
methods. When any such plan has been approved, all such insurance
companies shall subscribe thereto and participate therein. Any applicant
for any such policy, any person insured under any such plan, and any
insurance company affected, may appeal to the director from any ruling or
decision of the manager or committee designated to operate such plan. Any
person aggrieved hereunder by any order or act of the director may,
within ten days after notice thereof, file a petition in the circuit
court of the county of Cole for a review thereof. The court shall
summarily hear the petition and may make any appropriate order or decree.
(L. 1953 p. 569 § 303.350)

When an insurance carrier has certified a motor vehicle
liability policy under section 303.170 or a policy under section 303.180,
the insurance so certified shall not be canceled or terminated until at
least ten days after a notice of cancellation or termination of the
insurance so certified shall be filed in the office of the director of
revenue, except that such policy subsequently procured and certified
shall, on the effective date of its certification, terminate the
insurance previously certified with respect to any motor vehicle
designated in both certificates. (L. 1953 p. 569 § 303.220)

1. Any religious denomination which has more than twenty-five
members with motor vehicles and prohibits its members from purchasing
insurance, of any form, as being contrary to its religious tenets, may
qualify as a self-insurer by obtaining a self-insurance certificate
issued by the director as provided in subsection 3 of this section.

2. Any person in whose name more than twenty-five motor vehicles are
registered may qualify as a self-insurer by obtaining a certificate of
self-insurance issued by the director as provided in subsection 3 of this
section.

3. The director may, in his discretion, upon the application of any
religious denomination or person described in subsection 1 or 2 of this
section, issue a certificate of self-insurance when he is satisfied that
such religious denomination or person is possessed and will continue to
be possessed of the ability to pay judgments obtained against such
religious denomination or person.

4. Upon not less than ten days' notice and a hearing pursuant to such
notice, the director may, upon reasonable grounds, cancel a certificate
of self-insurance. Failure to pay any judgment within thirty days after
such judgment shall have become final shall constitute a reasonable
ground for the cancellation of a certificate of self-insurance. (L. 1953
p. 569 § 303.340, A.L. 1986 S.B. 424)

Effective 7-1-87

1. Proof of financial responsibility may be furnished by filing
with the director the bond of a surety company duly authorized to
transact business in this state, or a bond with at least two individual
sureties each owning real estate within this state, and together having
equities equal in value to at least twice the amount of such bond, which
real estate shall be scheduled in the bond approved by the judge of the
circuit court of the county or city in which such real estate is situate.
Such bond shall be conditioned for payments in amounts and under the same
circumstances as would be required in a motor vehicle liability policy,
and shall not be canceled except after ten days' written notice to the
director.

2. If such judgment, rendered against the principal on such bond, shall
not be satisfied within sixty days after it has become final, the
judgment creditor may, for his own use and benefit and at his sole
expense, bring an action or actions in the name of the state against the
company or persons executing such bond. (L. 1953 p. 569 § 303.240)

1. Proof of financial responsibility may be evidenced by the
certificate of the state treasurer that the person named therein has
deposited with him sixty thousand dollars in cash, or securities such as
may legally be purchased by savings banks or for trust funds of a market
value of sixty thousand dollars. The state treasurer shall not accept any
such deposit and issue a certificate therefor and the director shall not
accept such certificate unless accompanied by evidence that there are no
unsatisfied judgments of any character against the depositor in the
county where the depositor resides.

2. Such deposit shall be held by the state treasurer to satisfy, in
accordance with the provisions of this chapter, any execution on a
judgment issued against such person making the deposit, for damages,
including damages for care and loss of services because of bodily injury
to or death of any person, or for damages because of injury to or
destruction of property, including the loss of use thereof, resulting
from the ownership, maintenance, use or operation of a motor vehicle
after such deposit was made. Money or securities so deposited shall not
be subject to attachment or execution unless such attachment or execution
shall arise out of a suit for damages as aforesaid. (L. 1953 p. 569 §
303.250, A.L. 1965 p. 481, A.L. 1981 S.B. 201)

Whenever any person required to give proof of financial
responsibility hereunder is or later becomes an operator in the employ of
any owner, or is or later becomes a member of the immediate family or
household of the owner, the director shall accept proof given by such
owner in lieu of proof by such other person to permit such other person
to operate a motor vehicle for which the owner has given proof as herein
provided. The director shall designate the restrictions imposed by this
section on the face of such person's license. (L. 1953 p. 569 § 303.260)

The director shall consent to the cancellation of any bond or
certificate of insurance or the director shall direct and the state
treasurer shall return any money or securities to the person entitled
thereto upon the substitution and acceptance of other adequate proof of
financial responsibility pursuant to this chapter. (L. 1953 p. 569 §
303.270)

Whenever any proof of financial responsibility filed under the
provisions of this chapter no longer fulfills the purposes for which
required, the director shall, for the purpose of this chapter, require
other proof as required by this chapter and shall suspend the license and
registration or the nonresident's operating privilege pending the filing
of such other proof. (L. 1953 p. 569 § 303.280)

1. The director shall upon request consent to the immediate
cancellation of any bond or certificate of insurance, or the director
shall direct and the state treasurer shall return to the person entitled
thereto, any money or securities deposited pursuant to this chapter as
proof of financial responsibility, or the director shall waive the
requirement of filing proof, in any of the following events:

(1) At any time after two years from the date such proof was required
when, during the two-year period preceding the request, the director 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; or

(2) 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; or

(3) In the event the person who has given proof surrenders his license
and registration to the director.

2. The director shall not consent to the cancellation of any bond or the
return of any money or securities in the event any action for damages
upon a liability covered by such proof is then pending or any judgment
upon any such liability is then unsatisfied or in the event the person
who has filed such bond or deposited such money or securities 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 he has been released from all of his
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 director.

3. Whenever any person whose proof has been canceled or returned under
subdivision (3) of subsection 1 of this section applies for a license or
registration within a period of two years from the date proof was
originally required, any such application shall be refused unless the
applicant shall reestablish 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)

1. The director of revenue shall administer and enforce the
provisions of this chapter and may make rules and regulations necessary
for its administration and shall provide for hearings upon request of
persons aggrieved by orders or acts of the director under the provisions
of this chapter. Upon receipt of a request for an administrative hearing
the director of revenue shall reach a final decision including findings
of fact and conclusions of law within ninety days.

2. Any decision, finding or order of the director, under the provisions
of this chapter shall be subject to review by appeal to the circuit court
of the county of the residence of the licensee, at the instance of any
party in interest, in the manner provided by chapter 536, RSMo, at any
time within thirty days after notice is given the licensee of such
decision, finding or order. Upon such appeal the cause shall be heard de
novo and the circuit court may determine the reasonableness of the
director's decision, finding or order, and in disposing of the issues
before it may modify, affirm, or reverse the decision, finding or order
in whole or in part. Appeals from the judgment of the circuit court may
be taken as in civil cases. The prosecuting attorney of the county where
such appeal is taken shall appear in behalf of the director, and
prosecute or defend as the case may require. (L. 1953 p. 569 § 303.020,
A.L. 1957 p. 622, A.L. 1986 S.B. 424)

Effective 7-1-87

(1998) Thirty-day period referred to in this statute begins to run on
date of mailing of administrative decision. Gilbert v. Director of
Revenue, 974 S.W.2d 655 (E.D.Mo.).

The director shall upon request furnish any person a certified
abstract of the operating record of any person subject to the provisions
of this chapter, which abstract shall also fully designate the motor
vehicles, if any, registered in the name of such person, and, if there
shall be no record of any conviction of such person of violating any law
relating to the operation of a motor vehicle or of any injury or damage
caused by such person, the director shall so certify. (L. 1953 p. 569 §
303.030)

Neither the report required by section 303.040, the action taken
by the director pursuant to this chapter, the findings, if any, of the
director upon which such action is based, nor the security filed as
provided in this chapter shall be referred to in any way, nor be any
evidence of the negligence or due care of either party, at the trial of
any action at law to recover damages; however, the report required by
section 303.040 may be subpoenaed and may be introduced into evidence
solely for the purpose of establishing the existence or lack of insurance
coverage where such issue is material and relevant to the action being
tried. A copy of the report certified by the director as a correct copy
shall be received in any of the courts of this state as evidence of the
contents of the original report. (L. 1953 p. 569 § 303.110, A.L. 1976
H.B. 1392)

(1963) In action by releasee against releasor for damages arising from
motor vehicle collision, release which was filed with safety
responsibility unit was admissible as evidence over objection that it was
confidential and inadmissible under this section. Farmer v. Arnold (Mo.),
371 S.W.2d 265.

Copies of suspension orders entered pursuant to this chapter
duly certified by the director of revenue shall be evidence in all courts
of this state in actions arising under this chapter. (L. 1955 p. 627 §
303.365)

If any owner's registration has been suspended hereunder, such
registration shall not be transferred nor the motor vehicle in respect of
which such registration was issued registered in any other name until the
director is satisfied that such transfer of registration is proposed in
good faith and not for the purpose or with the effect of defeating the
purposes of this chapter. Nothing in this section shall in any wise
affect the rights of any conditional vendor, chattel mortgagee or lessor
of a motor vehicle registered in the name of another as owner who becomes
subject to the provisions of this section. (L. 1953 p. 569 § 303.300)

Any person whose license or registration shall have been
suspended as herein provided, or whose policy of insurance or bond, when
required under this chapter, shall have been canceled or terminated, or
who shall neglect to furnish other proof upon request of the director
shall immediately return his license and registration to the director. If
any person shall fail to return to the director the license or
registration as provided herein or in any other chapter, the director may
forthwith direct the Missouri state highway patrol or any peace or police
officer to secure possession thereof and return the same to the director.
(L. 1953 p. 569 § 303.310, A.L. 1986 S.B. 424)

Effective 7-1-87

1. This chapter shall not be held to apply to or affect policies
of automobile insurance against liability which may now or hereafter be
required by any other law of this state, and such policies, if they
contain an agreement or are endorsed to conform to the requirements of
this chapter, may be certified as proof of financial responsibility under
this chapter.

2. This chapter shall not be held to apply to or affect policies insuring
solely the insured named in the policy against liability resulting from
the maintenance or use by persons in the insured's employ or on his
behalf of motor vehicles not owned by the insured. (L. 1953 p. 569 §
303.230)

Notwithstanding anything else herein contained, this chapter
shall not apply with respect to any motor vehicle owned by the United
States, the state of Missouri, or any political subdivision of this
state, or any municipality therein, nor shall this chapter apply to any
common carrier or contract carrier whose operations are subject to the
jurisdiction of and are regulated by the interstate commerce commission
or the public service commission of Missouri, or by regulatory ordinances
of the municipalities served by such common or contract carrier, and
which shall have satisfied any applicable requirements concerning bond,
insurance or proof of financial responsibility imposed by the regulatory
authority having jurisdiction over the carrier's operations. (L. 1953 p.
569 § 303.330)

(1961) Motor vehicle safety responsibility law held applicable to
municipal employees. City of St. Louis v. Carpenter (Mo.), 341 S.W.2d 786.

Sections 303.010 to 303.370 shall not be construed so as to
deprive any person of any rights which may have accrued before the
effective date of this law, or as conferring any rights upon any person
whose claim for relief arose prior to the effective date of this law, nor
as preventing the plaintiff in any civil action from relying for relief
upon other process provided by law. (L. 1953 p. 569)

1. Failure to report an accident as required in section 303.040
shall be punished by a fine not in excess of five hundred dollars, and in
the event of injury or damage to the person or property of another in
such accident, the director shall suspend the license of the person
failing to make such report, or the nonresident's operating privilege of
such person, until such report has been filed or for no more than one
year, provided all other requirements for reinstatement have been met and
for such further period not to exceed thirty days as the director may fix.

2. Any person who gives information required in report or otherwise as
provided for in section 303.040 knowing or having reason to believe that
it is forged or signed without authority, shall be fined not more than
one thousand dollars or imprisoned for not more than one year, or both.

3. Any person whose license or registration or nonresident's operating
privilege has been suspended or revoked under this chapter and who,
during such suspension or revocation drives any motor vehicle upon any
highway or knowingly permits any motor vehicle owned by such person to be
operated by another upon any highway, except as permitted under this
chapter, shall be fined not more than five hundred dollars or imprisoned
not exceeding six months, or both.

4. Any person willfully failing to return his license or registration as
required in section 303.330 shall be fined not more than five hundred
dollars or imprisoned not to exceed thirty days, or both.

5. Any person who shall violate any provision of this chapter for which
no penalty is otherwise provided shall be fined not more than five
hundred dollars or imprisoned not more than ninety days, or both. (L.
1953 p. 569 § 303.320, A.L. 1986 S.B. 424)

Effective 7-1-87

The provisions of sections 303.400 to 303.415 shall be known as
the "Motorist Insurance Identification Database Act". (L. 1999 S.B. 19 §
1)

Conflicting effective dates of 1-1-01, 7-1-01 and 7-1-02, see § 303.415

Expires when, see § 303.415

As used in sections 303.400 to 303.415, the following terms mean:

(1) "Database", the motorist insurance identification database;

(2) "Department", the department of revenue;

(3) "Designated agent", the party with which the department contracts to
implement the motorist insurance identification database;

(4) "Program", the motorist insurance identification database program.
(L. 1999 S.B. 19 § 2)

Conflicting effective dates of 1-1-01, 7-1-01 and 7-1-02, see § 303.415

Expires when, see § 303.415

1. The "Motorist Insurance Identification Database" is hereby
created for the purpose of establishing a database to use to verify
compliance with the motor vehicle financial responsibility requirements
of this chapter. The program shall be administered by the department and
shall receive funding from the "Motorist Insurance Identification
Database Fund", which is hereby created in the state treasury. Effective
July 1, 2002, the state treasurer shall credit to and deposit in the
motorist insurance identification database fund six percent of the net
general revenue portion received from collections of the insurance
premiums tax levied and collected pursuant to sections 148.310 to
148.461, RSMo.

2. To implement the program, the department may by July 1, 2002, contract
with a designated agent which shall monitor compliance with the motor
vehicle financial responsibility requirements of this chapter, except
that the program shall not be implemented to notify owners of registered
motor vehicles until the department certifies that the accuracy rate of
the program exceeds ninety-five percent in correctly identifying owners
of registered motor vehicles as having maintained or failed to maintain
financial responsibility. After the department has entered into a
contract with a designated agent, the department shall convene a working
group for the purpose of facilitating the implementation of the program.

3. The designated agent, using its own computer network, shall, no later
than December 31, 2002, develop, deliver and maintain a computer database
with information provided by:

(1) Insurers, pursuant to sections 303.400 to 303.415; except that, any
person who qualifies as self-insured pursuant to this chapter, or
provides proof of insurance to the director pursuant to the provisions of
section 303.160, shall not be required to provide information to the
designated agent, but the state shall supply these records to the
designated agent for inclusion in the database; and

(2) The department, which shall provide the designated agent with the
name, date of birth and address of all persons in its computer database,
and the make, year and vehicle identification number of all registered
motor vehicles.

4. The department shall establish guidelines for the designated agent's
development of the computer database so the database can be easily
accessed by state and local law enforcement agencies within procedures
already established, and shall not require additional computer keystrokes
or other additional procedures by dispatch or law enforcement personnel.
Once the database is operational, the designated agent shall, at least
monthly, update the database with information provided by insurers and
the department, and compare then-current motor vehicle registrations
against the database.

5. Information provided to the designated agent by insurers and the
department for inclusion in the database established pursuant to this
section is the property of the insurer or the department, as the case may
be, and is not subject to disclosure pursuant to chapter 610, RSMo. Such
information may not be disclosed except as follows:

(1) The designated agent shall verify a person's insurance coverage upon
request by any state or local government agency investigating, litigating
or enforcing such person's compliance with the motor vehicle financial
responsibility requirements of this chapter;

(2) The department shall disclose whether an individual is maintaining
the required insurance coverage upon request of the following individuals
and agencies only:

(a) The individual;

(b) The parent or legal guardian of an individual if the individual is an
unemancipated minor;

(c) The legal guardian of the individual if the individual is legally
incapacitated;

(d) Any person who has power of attorney from the individual;

(e) Any person who submits a notarized release from the individual that
is dated no more than ninety days before the request is made;

(f) Any person claiming loss or injury in a motor vehicle accident in
which the individual is involved;

(g) The office of the state auditor, for the purpose of conducting any
audit authorized by law.

6. Any person or agency who knowingly discloses information from the
database for any purpose, or to a person, other than those authorized in
this section is guilty of a class A misdemeanor. The state shall not be
liable to any person for gathering, managing or using information in the
database pursuant to this section. The designated agent shall not be
liable to any person for performing its duties pursuant to this section
unless and to the extent such agent commits a willful and wanton act or
omission or is negligent. The designated agent shall be liable to any
insurer damaged by the designated agent's negligent failure to protect
the confidentiality of the information and data disclosed by the insurer
to the designated agent. The designated agent shall provide to this state
an errors and omissions insurance policy covering such agent in an
appropriate amount. No insurer shall be liable to any person for
performing its duties pursuant to this section unless and to the extent
the insurer commits a willful and wanton act of omission.

7. The department shall review the operation and performance of the
motorist insurance identification database program to determine whether
the number of uninsured motorists has* declined during the first three
years following implementation and shall submit a report of its findings
to the general assembly no later than January fifteenth of the year
following the third complete year of implementation. The department shall
make copies of its report available to each member of the general
assembly.

8. This section shall not supersede other actions or penalties that may
be taken or imposed for violation of the motor vehicle financial
responsibility requirements of this chapter.

9. The working group as provided for in subsection 2 of this section
shall consist of representatives from the insurance industry, department
of insurance, department of public safety and the department of revenue.
The director of revenue, after consultation with the working group, shall
promulgate any rules and regulations necessary to administer and enforce
this section. No rule or portion of a rule promulgated pursuant to the
authority of this section shall become effective unless it has been
promulgated pursuant to the provisions of chapter 536, RSMo. (L. 1999
S.B. 19 § 3, A.L. 2000 H.B. 1797)

Effective 7-1-02

Expires 6-30-07

*Word "have" appears in original rolls.

1. If the motorist insurance identification database indicates
the owner of a registered motor vehicle has, regardless of the owner's
operation of such motor vehicle, failed to maintain the financial
responsibility required in section 303.025 for two consecutive months,
the designated agent shall on behalf of the director inform the owner
that the director will suspend the owner's vehicle registration if the
owner does not present proof of insurance as prescribed by the director
within thirty days from the date of mailing. The designated agent shall
not select owners of fleet or rental vehicles or vehicles that are
insured pursuant to a commercial line policy for notification to
determine motor vehicle liability coverage. The director may prescribe
rules and regulations necessary for the implementation of this
subsection. The notice issued to the vehicle owner by the designated
agent shall be sent to the last known address shown on the department's
records. The notice is deemed received three days after mailing. The
notice of suspension shall clearly specify the reason and statutory
grounds for the suspension and the effective date of the suspension, the
right of the person to request a hearing, the procedure for requesting a
hearing and the date by which that request for a hearing must be made.
The suspension shall become effective thirty days after the subject
person is deemed to have received the notice of suspension by first class
mail as provided in section 303.041. If the request for a hearing is
received prior to the effective date of the suspension, the effective
date of the suspension will be stayed until a final order is issued
following the hearing; however, any delay in the hearing which is caused
or requested by the subject person or counsel representing that person
without good cause shown shall not result in a stay of the suspension
during the period of delay.

2. Neither the fact that, subsequent to the date of verification, the
owner acquired the required liability insurance policy nor the fact that
the owner terminated ownership of the motor vehicle shall have any
bearing upon the director's decision to suspend. The suspension shall
remain in force until termination despite the renewal of registration or
acquisition of a new registration for the motor vehicle. The suspension
shall also apply to any motor vehicle to which the owner transfers the
registration.

3. Upon receipt of notification from the designated agent, the director
shall suspend the owner's vehicle registration effective immediately. The
suspension period shall be as follows:

(1) If the person's record shows no prior violation, the director shall
terminate the suspension upon payment of a reinstatement fee of twenty
dollars and submission of proof of insurance, as prescribed by the
director;

(2) If the person's record shows one prior violation for failure to
maintain financial responsibility within the immediately preceding two
years, the director shall terminate the suspension ninety days after its
effective date upon payment of a reinstatement fee of two hundred dollars
and submission of proof of insurance, as prescribed by the director;

(3) If the person's record shows two or more prior violations for failure
to maintain financial responsibility, the period of suspension shall
terminate one year after its effective date upon payment of a
reinstatement fee of four hundred dollars and submission of proof of
insurance, as prescribed by the director.

4. In the event that proof of insurance as prescribed by the director has
not been filed with the department of revenue in accordance with this
chapter prior to the end of the period of suspension provided in this
section, such period of suspension shall be extended until such proof of
insurance has been filed. In no event shall filing proof of insurance
reduce any period of suspension. If proof of insurance is not maintained
during the three-year period following the reinstatement or termination
of the suspension, the director shall again suspend the license and motor
vehicle registration until proof of insurance is filed or the three-year
period has elapsed. In no event shall filing proof of insurance reduce
any period of suspension.

5. Notwithstanding the provisions of subsection 1 of this section, the
director shall not suspend the registration or registrations of any owner
who establishes to the satisfaction of the director that the owner's
motor vehicle was inoperable or being stored and not operated on the date
proof of financial responsibility is required by the director. (L. 1999
S.B. 19 § 4, A.L. 2000 H.B. 1797 merged with H.B. 1948)

Conflicting effective dates of 8-28-00 and 7-1-02, see § 303.415

Expires when, see § 303.415

1. Beginning March 1, 2003, before the seventh working date of
each calendar month, all licensed insurance companies in this state shall
provide to the designated agent a record of all policies in effect on the
last day of the preceding month. This subsection shall not prohibit more
frequent reporting.

2. The record pursuant to subsection 1 of this section shall include the
following:

(1) The name, date of birth, driver's license number and address of each
insured;

(2) The make, year and vehicle identification number of each insured
motor vehicle;

(3) The policy number and effective date of the policy.

3. The department of revenue shall notify the department of insurance of
any insurer who violates any provisions of this act. The department of
insurance may, against any insurer who fails to comply with this section,
assess a fine not greater than one thousand dollars per day of
noncompliance. The department of revenue may assess a fine not greater
than one thousand dollars per day against the designated agent for
failure to complete the project by the dates designated in sections
303.400 to 303.415 unless the delay is deemed beyond the control of the
designated agent or the designated agent provides acceptable proof that
such a noncompliance was inadvertent, accidental or the result of
excusable neglect. The department of insurance shall excuse the fine
against any insurer if an assessed insurer provides acceptable proof that
such insurer's noncompliance was inadvertent, accidental or the result of
excusable neglect. (L. 1999 S.B. 19 § 5, A.L. 2000 H.B. 1797)

Effective 7-1-02

Expires 6-30-07

1. Sections 303.400 and 303.403 shall become effective on July
1, 2002, and shall expire on June 30, 2007.

2. The enactment of section 303.025, and the repeal and reenactment of
sections 303.406, 303.409, 303.412 and 303.415 shall become effective
July 1, 2002 and sections 303.406, 303.409 and 303.412 shall expire on
June 30, 2007. (L. 1999 S.B. 19 §§ 6, D, A.L. 2000 H.B. 1797)

Effective 7-1-02

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