Ch. 323 MOTOR CARRIERS; FREIGHT-FORWARDING ACT Ch. 323

Transcription

1 Ch. 323 MOTOR CARRIERS; FREIGHT-FORWARDING ACT Ch erty subject to this part and not exempt under the provisions of ~ with other than an authorized carrier; or (g) Become not fit, willing and able properly to perform the service authorized by his license, for any other good and sufficient reason. (5) HEARING BEFORE PUBLIC SERV ICE COMMISSION.-Before the commission shall suspend or revoke a license, it shall fix a time and place for a public hearing and give the applicant or licensee notice thereof, by registered mail, placing in the notice the grounds upon which the proposed suspension or revocation is based. Such notice shall be mailed not more than sixty or less than twenty days prior to the date set for hearing. At such hearing the licensee shall be privileged to appear in person or by or with counsel and to produce witnesses. (6) ASSIGNMENT OF LICENSE.-No transportation brokerage license issued under the provisions of this section may be assigned or transferred without the consent of the commission authorizing such transfer. Applications shall be filed jointly by the assignor and the assignee and shall be subject to the same provisions as to hearing and notice as original applications for licenses. The commission may reasonably alter, restrict or modify the terms and provisions of any such license or impose restrictions on such transfer where the public interest may be best served thereby. Such joint applications shall be accompanied by a filing fee of two hundred fifty dollars to be placed in the general revenue fund. (7) RULES AND REGULATIONS; BOND OR OTHER SECURITY REQUIRED.-The commission shall prescribe reasonable rules and regulations for the protection of shippers by motor vehicle and motor carriers, to be observed by any person, firm, company or association holding a transportation brokerage license. No such license shall be issued or remain in force unless such person, firm, company or association shall have furnished a bond or other security approved by the commission, in such form and amount as will insure financial responsibility. Such bond shall be conditioned upon the payment of all obligations to motor carriers or shippers, and the supplying of authorized transportation in accordance with all contracts, agreements, or arrangements with both motor carriers and shippers. In no event shall the total of all recoveries exceed the amount of such bond or security. (8) INSPECTION OF ACCOUNTS AND RECORDS.-The commission and its clerks and inspectors shall have the same authority as to accounts, reports, and records, including inspection and preservation thereof, of any person, firm, company or association holding a transportation brokerage license under the provisions of this section, that they have under this part with respect to the motor carriers subject thereto. (9) EMERGENCY PERMITS.-On a satisfactory showing of an emergency re_quiring transportation brokerage services m the movement of perishable commodities, the commission may grant a temporary transportation brokerage license pending a public hearing on application for a permanent license and said commission may also grant temporary authority to any licensed transportation broker in the state to furnish such brokerage services in the emergency area during the pendency of such emergency. Applications for such emergency permits shall be accompanied by payment of a one hundred dollar permit fee to be placed in the general revenue fund. History.- 2, ch , 1955; 11. ch : Ul. 2, ch ;!. ch : U, ch ; I, ch ; 11, ch ; H4, 6, ch cf defines registered mall to Include certified mall with return receipt requested Fees required to be paid on miscellaneous applications.-all other applications filed hereunder for which no specific fee is prescribed in this part, and which require formal commission action, shall be accompanied by the payment of a ten dollar filing fee to be placed in the general revenue fund. Hlstory.- 12, ch Penalties.-Every officer, agent or employee of any corporation, and every other person who violates or fails to comply with, or who procures, aids or abets in the violation of any provisions of this part, or who fails to obey, observe or comply with any order, decision, rule or regulation, direction, demand or requirement, or any part or provision thereof, or who fails to observe any regulations as to maximum speed of operation or maximum weight of load, of the commission, or who procures, aids or abets any person in his failure to obey, observe or comply with any such order, maximum speed of operation, maximum weight of load, decision, rule, direction, demand, or regulation, or any part or provision thereof, is guilty of a misdemeanor of the first degree, punishable as provided in or History.- 15, ch , 1931; CGL 1936 Supp. 7794(2); I, ch ; 217, ch Note.-Formerly Carriers; unlawful agreements. (1) Any part of any agreement, arrangement or other device entered into shall be unlawful and void which as a condition to the transportation of property requires or permits a regulated for hire carrier of property, freight forwarder, private carrier or other carrier or shipper or association or group of shippers to pay a charge, allowance, assessment or compensation to any person or organization if such charge, allowance, assessment or compensation is dependent or contingent upon the use of another mode of transportation in addition to motor transportation for movement of such property. (2) Should any person, firm, partnership, organization or association of persons violate any of the provisions of this section, they shall

2 Ch. 323 MOTOR CARRIERS; FREIGHT-FORWARDING ACT Ch. 323 PART II FREIGHT-FORWARDING ACT Short title Definitions Declaration of public policy Certificate of public convenience and necessity; proviso; application; notice; hearing; issuance; annual renewal fee General jurisdiction of commission Rates Duties of freight-forwarding companies Approval of mergers Agreements with other freight forwarders Motor and rail carriers not prohibited from maintaining same rates as freight forwarders Short title.-part II of this chapter shall be known and may be cited as the freight-forwarding act. History.-!, 2, ch Definitions.-In addition to the definitions set forth in in part I of this chapter the following words when used in this part II shall have the following meanings unless otherwise clearly apparent from the context: (1) The words "freight forwarder" mean any person, firm or corporation, which otherwise than as a motor common carrier holds itself out to the general public as a common carrier to transport or provide transportation of property, or any class or classes of property, for compensation, and which, in the ordinary and usual course of its undertaking, assembles and consolidates or provides for assembling and consolidating shipments of such property, and performs or provides for the performance of break-bulk and distributing operations with respect to such consolidated shipments; and assumes responsibility for the transportation of such property from point of receipt to point of destination; and utilizes, for the whole or any part of the transportation of such shipments, the services of a carrier or carriers subject to regulation by the Florida Public Service Commission. (2) The term "service subject to this part" means any or all of the service in connection with the transportation which any person undertakes to perform or provide as a freight forwarder or which such person is authorized or required by or under the authority of this part to perform or provide. (3) Wherever reference is made to "control'' (in referring to a relationship between any person or persons and another person or persons), such reference shall be construed to include actual as well as legal control, whether 1608 be guilty of a misdemeanor of the second degree, punishable as provided in or Each day of the violation of any of the provisions of this section shall constitute a separate offense. History.- 1, 2, ch ; 218, ch Freight forwarders; contracts with motor carriers Freight forwarders prohibited from engaging in transportation Freight forwarders prohibited from controlling motor carrier Persons not eligible to be freight forwarders Bills of lading Allowance to shippers for transportation service Utilization of carrier services by freight forwarders Unlawful acts and penalties. maintained or exercised through or by reason of the method of or circumstances surrounding organization or operation, through or by common directors, officers, or stockholders, a voting trust or trusts, a holding or investment company or companies, or through or by any other direct or indirect means; and to include the power to exercise control. Rlslorr.- 11, 2, ch Declaration of public policy.-upon investigation, the legislature of this state has determined that the rates, services and operations of intrastate freight-forwarding companies are affected with the public interest and it is hereby declared to be the policy of this state to provide fair regulation of freightforwarding companies in the interest of the public; to promote adequate, economical and efficient freight-forwarding service to citizens and residents of this state; to provide just and reasonable rates and charges for freight-forwarding services without unjust discrimination, undue preferences or advantages or unfair or destructive competitive practices; to encourage and promote harmony between freight-forwarding companies and certificated motor and other common carriers, and shippers and receivers of this state; and, to these ends, to vest authority in the commission to regulate freight-forwarding companies generally and their rates, services and operations in the manner and in accordance with policies set forth in this part. History.-!. 2, ch Certificate of public convenience and necessity; proviso; application; notice; hearing; issuance; annual renewal fee.- (1) No person or organization shall hereafter engage in freight-forwarding services without first obtaining from the commission a certificate that the present or future public convenience and necessity require or will re-

3 Ch. 323 MOTOR CARRIERS; FREIGHT-FORWARDING ACT Ch. 323 quire such operations; provided, however, that any person, firm or corporation, or its predecessors in interest, that was in a bona fide continuous operation as a freight forwarder within the meaning of this part on and before June 1, 1967, and since that date shall, upon proof of said operations in accordance with commission rules and regulations, be entitled to the issuance of a certificate of public convenience and necessity as a matter of right, subject, however, to compliance by said applicant with the requirements of , and ; any such application must be filed with the commission on or before September 1, (2 ) The application for such certificate of public convenience and necessity for freightforwarding service made by any applicant shall be in writing verified by the applicant and shall specify the following matters: (a) The name and address of applicant and the names and addresses of its officers, if any. (b) The municipality or territory or municipalities or territories within which or between which the applicant desires to conduct such operations. (c) The type of freight-forwarding service in which applicant intends to engage, together with a brief description of terminal facilities and each vehicle which applicant proposes to use including a description of any storage or warehouse facilities, if any, which applicant proposes to utilize in connection with such operations. (d) The proposed schedules of operations between the municipalities or territories involved if such service is to be pursuant to schedules. (e) An agreement on the part of the applicant to conform with and abide by all tariffs and classifications as to freight-forwarding services which may be prescribed by the commission from time to time. (f) Any such application shall be accompanied by payment of a fee of five hundred dollars to be placed in the Florida Public Service Regulatory Trust Fund. (3) Upon filing of said application and payment of said fee, the Florida Public Service Commission shall fix a time for hearing on said application which shall not be less than twenty days nor more than sixty days subsequent to the filing of said application, and no application shall be granted or certificate of public convenience and necessity issued without a hearing by the commission. Notice of such hearing shall be given to the applicant and to all certificated motor and rail common carriers serving any part of the route or territory proposed to be served by the applicant and to such other parties in interest as the commission may deem necessary. The commission shall also cause notice of the application to be published at least fourteen days prior to the hearing in some newspaper of general 1609 circulation in the affected territory or territories. ( 4) After such hearing, the commission may issue to the applicant a certificate of public convenience and necessity in a form to be prescribed by it or may refuse to issue the same or may issue it for only partial exercise of the operation sought or may attach to the exercise of the right granted by the certificate such terms, limitations and conditions which it deems the public interest may require. The certificate shall include a description of the territory in which the freight-forwarding operation is to be conducted, extended, operated or acquired. (5) In determining whether a certificate shall be issued, the commission shall take into consideration, among other thiags, the public need for the proposed service, the suitability of the applicant to conduct the proposed operations, the financial responsibility of the applicant and the ability of the applicant to perform efficiently the operations for which authority is requested; provided, that the commission in granting any such certificate shall take into consideration the effect that the granting of such certificate may have on transportation facilities within the territory sought to be served by said applicant, and also that effect upon transportation as a whole within said territory including the effect, if any, upon certificated motor and rail common carriers. (6) Any certificate of public convenience and necessity issued under the provisions of this section shall contain, among other things, the following: (a) The name of the grantee. (b) The municipality or territory in which or between which the grantee is permitted to operate. (c) A statement of the exact terminals or territories to be served including the specific points at which the forwarding operation is to be originated and the precise points or terminals at which the distribution under such operations is to take place. (d) Such additional terms, conditions, provisions or limitations as the commission shall deem necessary or proper in the public interest or in the interest of transportation facilities already existing in the territory sought to be served. (7) No such certificate of public convenience and necessity may be transferred, assigned or encumbered unless such transaction is first approved by the commission consistent with the procedures outlined in (8) The commission may, after affording the holder an opportunity to be heard, revoke, suspend or alter any such certificate of public convenience and necessity for the violation of any provision of this part or the rules and regulations or orders of the commission made under the authority of this part or for other reasonable cause. (9) All certificates issued hereunder, in-

4 Ch. 323 MOTOR CARRIERS; FREIGHT FORWARDING ACT Ch. 323 eluding those certificates now in effect, shall be renewed annually by the payment of an annual certificate renewa l fee of five hundred dollars per certificate, which shall be due on December 31 of each year. If the fee is not paid in advance of the due date, it must be received on or before January 31 of the next year in order for the renewal of the certificate to be effective. All moneys received hereunder shall be deposited in the Florida public service regulatory trust fund and disbursed pursuant to ~ (2). History.- H, 2. ch ; B5. 6, ch General jurisdiction of commis sion.- (1) The commission shall have the power and jurisdiction to supervise and regulate every freight-forwarding operation operating within this state and its property, property rights, equipment, facilities, contracts, certificates and franchises, so far as may be necessary to carry out the purposes of this part and to do all things, whether herein specifically designated or in addition thereto, which are necessary or convenient in the exercise of such power and jurisdiction. Without limiting the generality of the foregoing, the commission is authorized to adopt and enforce such reasonable rules and regulations and orders as it may deem necessary with respect to rates, charges and classifications, issuance of certificates, territory of operation, abandonment or suspension of service, adequacy of service, prevention or elimination or unjust discrimination between shippers and receivers, between freight forwarders and certificated motor and rail common carriers, financial responsibility, insurance covering personal injury and property damage, uniform system of accounts, records, reports, safety of operations and equipment, and to otherwise accomplish the purposes of this part and to implement its provisions. (2) The commission shall, from time to time inspect the places of business of freight forw'arders and other premises and examine the records and facilities of all freight-forwarding companies to ascertain if all rules and regulations and orders of the commission have been complied with, and shall have the power to examine all officers, agents and employees of such freight-forwarding companies and all other persons, under oath and to compel the production of papers and the attendance of witnesses to obtain the information necessary for administering the provisions of this part. (3) The commission or other aggrieved party shall have the right to institute or to intervene as a party in any action in any court of competent jurisdiction seeking mandamus, injunctive or other relief to compel compliance with any provisions of this part or of any rule, regulation or order adopted thereunder or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith. Hlstory.- U, 2, ch Rates.-The commission shall prescribe just and reasonable rates, charges and classifications for the services rendered by a freight-forwarding company and the tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the commission may prescribe and shall be subject to change on such notice and in such manner as the commission may prescribe. The commission, in the exercise of its power to prescribe such just and reasonable rates, charges and classifications, may use such standards, formulas, criteria or methods as the commission may determine in order to enable the freight-forwarding company, under honest economic and efficient management, to render the service deriving a reasonable profit therefrom and at the same time give consideration to the rates, charges and classifications in effect for the account of certificated motor or rail common carriers operating in or between the territories involved. Hlatory.- 1, 2, ch Duties of freight-forwarding com panies.- (1) Each freight-forwarding company shall provide safe and adequate service, equipment and facilities for the operation of its services. (2) No freight-forwarding company shall demand or receive a greater or less or different compensation for providing freight-forwarding service than the rates and charges specified in the tariff in effect at the time which has been filed with and approved by the commission. (3) All rates, charges and classifications for the services rendered by a freight-forwarding company shall be just and reasonable, and any such rate, charge or classification that is unjust or unreasonable is hereby declared to be unlawful. No freight-forwarding company shall make any unjust or unreasonable discrimination in rates, charges, classifications, practices, regulations, facilities or services for or in connection with like service, directly or indirectly, by any means or device, or make or give any undue or unreasonable preference or advantage to any particular person, class of persons or locality, or subject any particular person, class of persons or locality to any undue or unreasonable prejudicial disadvantage. ( 4) Every freight-forwarding company shall obey and comply with every rule and regulation and order adopted by the commission under the provisions of this part. History.- 1, 2, ch Approval of mergers.-no freightforwarding company shall combine, merge or consolidate with or acquire control of anothe1 forwarding company or motor common or rail carrier without first obtaining the approval of the commission, which shall be granted only after an investigation and finding that such proposed combination, merger, consolidation or acquisition is in the public interest. History.-!U, 2, ch

5 Ch. 323 MOTOR CARRIERS; FREIGHT-FORWARDING ACT Ch Agreements with other freight forwarders.-lt shall be unlawful for any freight forwarder to enter into an agreement with another freight forwarder for the joint loading of traffic between points in transportation subject to this part. Hlstory.-IH. 2, ch Motor and rail carriers not prohibited from maintaining same rates as freight forwarders.-nothing in this part shall be construed to make it unlawful for motor or rail common carriers to establish and maintain assembling rates or charges and/ or distribution rates or charges, and classifications, rules, and regulations with respect thereto, applicable to freight forwarders and others who employ or utilize the instrumentalities or services of such common carriers under like conditions, which differ from other rates or charges, classifications, rules, or regulations, which contemporaneously apply with respect to the employment or utilization of the same instrumentalities or services if such difference is justified by difference in the respective conditions under which such instrumentalities or services are employed or utilized. For the purposes of this section the term "assembling rates or charges" means rates or charges for the transportation of less-than-truckload or less-thancarload shipments into a point for further movement beyond as a part of a truckload or carload shipment, and the term "distribution rates or charges" means rates or charges for the transportation of less-than-truckload or less-than-carload shipments moving from a point into which such shipments have moved as a part of a truckload or carload shipment. The provisions of this section shall not be construed to authorize the establishment of assembling rates or charges or distribution rates or charges covering the line-haul transportation between the principal concentration point and the principal break-bulk point. History.-! I, 2, ch Freight forwarders; contracts with motor carriers.-n othing in this part shall be construed to prevent freight forwarders subject to this part from entering into contracts with motor common carriers governing the utilization by such freight forwarders of the services and instrumentalities of such motor common carriers and the compensation to be paid therefor; provided, that in the case of line-haul transportation between concentration points and break-bulk points in truckload lots where such line-haul transportation is for a total distance of one hundred miles or more, such contracts shall not permit payment to motor common carriers of compensation which is lower than would be received under rates or charges established by such motor common carriers in tariffs filed with and approved by this commission. History.-!!. 2, ch Freight forwarders prohibited from 1611 engaging in transportation.-certificates issued under this part shall not authorize the holder thereof to conduct any direct railroad, water or motor common carrier operations except motor vehicle operations in transportation which, pursuant to the provisions of this part, are considered to be motor vehicle operations within the exempt municipal territory as defined by ~ History.-!, 2, ch Freight forwarders prohibited from controlling motor carrier.-lt shall be unlawful for a freight forwarder or any person controlling, controlled by or under common control with a freight forwarder to acquire control of a motor common carrier subject to jurisdiction under this part. History.-!!!, 2, ch Persons not eligible to be freight forwarders.-lt shall be unlawful for any person whose principal business is that of manufacturing and selling and/ or buying and selling articles or commodities, and/or warehousing such articles or commodities, and whose business operations are of such a character that services of a freight forwarder or forwarders (or similar assembling, consolidating and shipping operations performed by such person for itself) are commonly used in connection with the transportation of such articles or commodities. or for any person controlling, controlled by, or under common control with such person, to engage in service subject to this part; provided, however, that any such person who was enga:ged in business as a freight forwarder at the time this part becomes effective shall have the same authority to continue to engage in service subject to this part. History.-!, 2, ch Bills of lading.-notwithstanding any of the provisions of this part or of the rules and regulations of the commission pertaining to bills of lading, when the services of a motor common carrier are utilized by a freight forw.arder for the receiving of property from a consignor in service subject to this part, such carrier may, with the consent of the freight forwarder, execute the bill of lading or shipping receipt for the freight forwarder. When the services of a motor common carrier are utilized by a freight forwarder for the delivery of property to the consignee named in the freight forwarder's bill of lading, shipping receipt, or freight bill, the property may, with the consent of the freight forwarder, be delivered on the freight bill, and receipted for on the delivery receipt of the freight forwarder. History.-!!!, 2, ch Allowance to shippers for transportation service.-if the owner of property transported in service subject to this part directly or indirectly renders any service connected therewith, or furnishes any instrumentality

6 Ch. 323 MOTOR CARRIERS; FREIGHT FORWARDING ACT Ch. 323 used therein, the charge and the amounts therefor, to such owner, shall be published in tariffs filed in the manner provided in this part and shall be no more than is just and reasonable and the commission may, after hearing on a complaint or on its own initiative, determine what is a reasonable charge as the maximum to be paid by the freight forwarder or forwarders for the services so rendered or for the use of the instrumentalities so furnished, and fix the same by appropriate order. History ch Utilization of carrier services by freight forwarders.-it shall be unlawful, except in the performance within terminal areas which are declared to be exempt under of transfer, collection or delivery services, for freight forwarders to employ or utilize the instrumentalities or services of any carriers other than certificated common carriers by rail, motor vehicle or water that are subject to the jurisdiction of this commission. History.-!. 2. ch Unlawful acts and penalties.- (1) Any person who knowingly and willfully violates any provision of this part or any rule, regulation, requirement or order thereunder, or any term or condition of any certificate, for which no penalty is otherwise provided, shall be guilty of a misdemeanor of the second degree, punishable as provided in or (2) Any freight forwarder or any officer or agent, employee or representative thereof who by any device or means shall knowingly and willfully assist or shall willingly suffer or permit any person to obtain service subject to this part at less than the rates or charges lawfully in effect shall be guilty of a misdemeanor of the second degree, punishable as provided in or (3) Any person who shall by any device or means whether with or without the consent or connivance of any freight forwarder or its officer, agent, employee or representative, knowingly and willfully obtain service subject to this part at less than the rates or charges lawfully in effect or shall knowingly and willfully, directly or indirectly, by false claim, false billing, false representation or other device or means, obtain or attempt to obtain any allowance, refund or repayment in connection with or growing out of such service whether with or without the consent or connivance of such freight forwarder, or its officer, agent, employee or representative, whereby the compensation of such forwarder for such service either before or after payment shall be less than the rates or charges lawfully in effect, shall be guilty of a misdemeanor of the second degree, punishable as provided in or History ch ; 219. ch

7 Ch. 324 FINANCIAL RESPONSIBILITY Ch Purpose of chapter. Definitions; minimum insurance required. Manner of proving financial responsibility. Administration. Reports of accidents; suspensions of licenses and registrations. Securities deposited with department of insurance; release. Reinstatement; renewal of license; reinstatement fee. Proof required upon certain convictions. Nonresident owner or operator. Notice to department; notice to insurer. Compliance before license or registration allowed. Failure to satisfy judgment; copy to department. CHAPTER 324 FINANCIAL RESPONSIBILITY Purpose of chapter.-lt is the intent of this chapter to recognize the existing rights of all to own motor vehicles and to operate them on the public streets and highways of this state when such rights are used with due consideration for others; to promote safety, and provide financial security by such owners and operators whose responsibility it is to recompenge others for injury to person or property caused by the operation of a motor vehicle, so it is required herein that the owner and operator of a motor vehicle involved in an accident shall respond for such damages and show proof of financial ability to respond for damages in future accidents as a requisite to his future exercise of such privileges. History.-!, ch , Note.-Formerly Definitions; mmtmum insurance required.-the following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning. (1) MOTOR VEHICLE.-Every self-propelled vehicle which is designed and required to be licensed for use upon a highway, including trailers and semitrailers designed for use with such vehicles (except traction engines, road rollers, farm tractors, power shovels, and well drillers) and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails. (2) DEPARTMENT.-The department of insurance. (3) OPERATOR.-Every person who is in actual physical control of a motor vehicle. (4) PERSON.-Every natural person, firm, copartnership, association or corporation Suspension of license and registration. Period of suspension. Installment payments. Motor vehicle liability policies; required provisions. Proof of financial responsibility; surety bond or deposit. Self-insurer. Cancellation of liability policies; plan for apportionment of certain applicants. Consent to cancellationi direction to return money or securities. Return of license or registration to department. Sale by owner during suspension; rights of conditional vendors, mortgagees and lessors. Penalties. Application of law. Short title. (5) NONRESIDENT.-Every person who is not a resident of this state. (6) LICENSE.-Any license, temporary instruction permit. or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles. (7) PROOF OF FINANCIAL RESPONSI BILITY.-That proof of ability to respond in damages for liabili ty, on account of accidents arising out of the use of a motor vehicle, in the amount of ten thousand dollars because of bodily injury to or death of one person in any one accident and subject to said limits for one person, in the amount of twenty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of five thousand dollars because of injury to or destruction of property of others in any one accident. (8) MOTOR VEHICLE LIABILITY POL ICY.-Any owner's or operator's policy of liability insurance furnished as proof of financial responsibility pursuant to , insuring said owner or operator against loss from liability for bodily injury, death and property damage arising out of the ownership, maintenance or use of a motor vehicle in not less than the limits described in subsection (7) of this section and conforming to the requirements of , issued by any insurance company authorized to do business in this state. (9) OWNER.-A person who holds the legal title of 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 vehicle is entitled to possession, then such conditional vendee or lessee or mort-

8 Ch. 324 FINANCIAL RESPONSIBILITY Ch. 324 gagor shall be deemed the owner for the purpose of this chapter. (10) JUDGMENT.-Any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, mamtenance or use of any motor vehicle, 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 cause of action on an agreement of settlement for such damage. (11) REGISTRATION.-Registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles. History.- 1, ch , 1955; 13, 35, ch ; 1, ch ; 100, ch Manner of proving financial responsibility.-the operator or owner of a vehicle may prove his financial responsibility by: (1) Furnishing satisiactory evidence of holding a motor vehicle liability policy as defined in (8) and S32A..ill. or (2) P'osb ng with the department a satisfactory bond of a surety company authorized to do business in this state, conditioned for payment of the amount specified in (7), or (3 ) Furnishing a certificate of the department showing a deposit of cash or securities in accordance with , or ( 4 ) Furnishing a certificate of self-insurance issued by the department in accordance with Hlotory.- 1, ch , 1955; 113, 35, ch Note.-Formerly Administration.-The department shall administer and enforce the provisions of this chapter, and the department may make such rules and regulations as may be necessary for its administration and shall provide for hearings before a referee upon request of persons aggrieved by orders or acts of the department. Hlstory.- 1, ch , 1955 ; 1, ch ; 1 13, 35, ch Note.-Formerly Reports of accidents; suspension& of licenses and registrations.- (!) The department of highway safety and motor vehicles or any sheriff, police department or peace officer of this state shall within ten days following any accident within the purview of this chapter, coming to its or his attention~ report such accident in writing to the department of insurance. Such report shall contain the following information: Date and place of the accident, description of the cars involved, the names and addresses of owners or operators, the extent of the damage, and 1614 such other information as the department may require. The department is hereby further authorized to require reports of accidents from individual owners or operators whenever it deems it necessary for the proper administration of this chapter, and these reports shall be made without prejudice and shall be for the confidential use of the department. No such report shall be used as evidence in any trial arising out of an accident, but the fact of such report or the failure to report may be certified by the department. The department of highway safety and motor vehicles shall carry out and execute and enforce all orders of suspension and reinstatement of licenses and all registrations issued by the department of insurance pursuant to the provisions of this chapter. (2) (a ) Thirty days after receipt of notice of any accident involving a motor vehicle within this state which has resulted in bodily injury or death to any person, or total damage of two hundred dollars or more to property, the department shall suspend the licenses of the operators and all registrations of the owners of the vehicles involved in such accident and in case of a nonresident owner or operator, shall suspend such nonresident's operating privilege in this state, unless such operator or owner shall prior to the expiration of such thirty days be found by the department to be exempt from the operation of this chapter, based upon evidence in its files satisfactory to the department that: 1. No injury was caused to the person or property of anyone other than such operator or owner, or 2. The motor vehicle was legally parked at the time of such accident, or 3. The motor vehicle was owned by the United States government, this state, any political subdivision of this state or any municipality therein, or 4. Such operator or owner had been finally adjudicated not to be liable by a court of competent jurisdiction, or 5. Such operator or owner had secured a duly acknowledged written agreement provid-. ing for release from liability by all parties injured as the result of said accident and had complied with one of the provisions of ~ , or 6. Such operator or owner has deposited with the department of insurance security to conform with and has complied with one of the provisions of , or 7. One year has elapsed since such owner or operator was suspended pursuant to (4), the owner or operator has complied with one of the provisions of , and no bill of complaint of which the department has notice has been filed in a court of competent jurisdiction. (b) This subsection shall not apply: 1. To such operator or owner if such owner had in effect at the time of such accident an

9 Ch. 324 FINANCIAL RESPONSIBILITY Ch. 324 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 re suiting from such af.!cident is, in the judgment of the department, covered by any other form of liability insurance or bond; nor 4. To any person who has obtained from the department a certificate of self-insurance in accordance with ~ or to any person operating a motor vehicle for such self-insurer. No such policy or bond shall be effective under this subsection unless it contains limits of not less than those specified in (7). (3) (a) The notices of accidents and orders of suspension required under this chapter as a result of accident or conviction cases shall be given to owners and operators either by personal delivery thereof to the person to be so notified or by deposit in the United States mail of such notice or order in an envelope with postage prepaid, addressed to such person at his address as shown by the accident report or from records furnished the department by the department of highway safety and motor vehicles. (b) The giving of notice and order of suspension by mail is complete upon expiration of four days after deposit in.the United States mail. Proof of the giving of notice or orders of suspension in either such manner may be made by the certification of the department by naming the person to whom such notice or order of suspension was given and specifying the time, place and manner of the giving thereof. (4) Any operator's license or registration certificate or certificates and registration plates which shall be suspended as provided for in this section, shall remain suspended for a period of three years unless reinstated as otherwise provided in this chapter. History.- 1, ch , 1955; 2, ch ; 1, 2, ch ; 6, ch ; 13, 24, 35, ch ; 2, ch Note.-Former1y Securities deposited with department of insurance; release.- (!) Security deposited pursuant to the provisions of (2) (a) 6. with respect to claims for injuries to persons or properties resulting from an accident occurring prior to such deposit shall be in the form and amount determined by the department of insurance which, in its judgment, will be sufficient to compensate for all injuries arising out of such accident, but in no case shall the amount exceed the limits as specified in (7). (2) Such security shall be deposited with the department and shall not be released except under one of the following conditions: 1615 (a) A duly attested written statement of satisfaction by all parties shown to be injured in such accident has been received by the department, or (b) ln the event the depositor has been finally adjudicated by a court of competent jurisdiction not to be liable; or all judgments of liability against the depositor have been satisfied, or (c) One year shall have elapsed after deposit and during such period the department has not been duly notified of any court action brought for damages. (d) Upon receipt of an order from a court ordering that such deposit be paid to satisfy a recorded judgment, in whole or in part, resulting from an accident. If the department does not have sufficient funds on deposit to satisfy such judgment it shall forthwith call upon the judgment debtor for the balance, subject to the limits specified in (7). Upon failure of the judgment debtor to make the necessary deposit or to satisfy the judgment in full, the department shall revoke the driving privilege and all registrations of such judgment debtor within ten days subsequent to notification to the judgment debtor by the department. (e) In any case in which securities deposited under this section have remained unclaimed for five years or more such deposit shall be trans ferred by the department to the state school fund, and all interest and income that may accrue from said deposits after the aforesaid period of time, shall belong to said fund. (3) The department of insurance shall in vest security deposits in its custody received under this section in excess of current needs in interest bearing accounts. The interest earned from such investments shall be deposited in the insurance commissioner's regulatory trust fund and any security deposits remaining unclaimed after five years shall be transferred to the state school fund as provided in subsection (2)(e) above. History.- 1, ch , 1955; 3, ch ; 13, 35, ch ; 3, ch Note.-Former1y Reinstatement; renewal of license; reinstatement fee.-any operator or owner whose license or registration has been suspended pursuant to (2), ~ , , or may effect its reinstatement upon compliance with the provisions of (2)(a)4., 5. or 6., or (2) and (3), as the case may be, and with one of the provisions of and upon payment to the department of insurance of a nonrefundable reinstatement fee of $5. Only one such fee shall be paid by any one person irrespective of the number of licenses and registrations to be then reinstated or issued to such person. All such fees shall be deposited to the insurance commissioner's regulatory trust fund. When the rein-

10 Ch. 324 FINANCIAL RESPONSIBILITY Ch. 324 statement of any license or registration is effected by compliance with (2)(a)5. or 6., the department of insurance shall notify the department of highway safety and motor vehicles that such renewal shall not be granted within a period of three years from such reinstatement, nor shall any other license or registration be issued in the name of such person unless the owner or operator is continuing to comply with one of the provisions of Hlstory.- 1, ch , 1955; 4. ch ; 6, ch ; 11. ch ;!ill13, 24, 35, ch ; ~- ch Note.-Formerly Proof required upon certain convic tions.- (1) The department of highway safety and motor vehicles shall report to the department of insurance the. name of any person whose license has been revoked pursuant to the provisions of The names of such persons shall be included in a written monthly report from said department of highway safety and motor vehicles to the department of insurance, which report shall list the names and addresses of the persons involved, the reasons for revocation and such other information as the department of insurance reasonably may require. (2) Upon receipt of such notification of a license revocation by reason of conviction or forfeiture of bail, the department shall suspend the registration for all motor veh_icles registered in the name of such person, e1ther individually or jointly with another, except that it 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 fina~cial responsibility with respect t? all motor vehic!es registered by such person, m accordance with this chapter. (3) 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 laws of this state, and not then unless and until he shall give and thereafter maintain proof of financial responsibility as required by Hlstory.- 5, ch ; 1113, 24, 35, ch Nonresident owner or operator. (1) The department of insurance may establish reciprocal agreements with any other states for the purpose of fulfilling the provisions of this chapter and pursuant to such agreements may suspend the license and registration of a resident of this state involved in an accident in another state. (2) When a nonresident's operating privilege is suspended pursuant to this chapter, the department shall transmit a certified copy of the record of such action to the appropriate official of the reciprocating state in 1616 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 reciprocating 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 department to suspend a nonresident's operating privilege had the accident occurred in this state, the department 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. ( 4) In the event such nonresident shall at the time have in effect an insurance policy or surety bond issued by any insurance company or surety company not authorized to do business in this state, the department may reinstate such nonresident upon said company furnishing him with power of attorney to accept service of process. Hlstory.- 1, ch , 1955; 6, ch ; 1113, 35, ch Note.-Formerly Notice to department; notice to insurer.- (1) Each owner and operator involved in an accident or conviction case within the purview of this chapter shall furnish evidence of automobile liability insurance, motor vehicle liability insurance, or surety bond within thirty days from the date of the mailing of notice of accident by the department in such form and manner as it may designate. Upon receipt of evidence that an automobile liability policy, motor vehicle liability policy, or surety bond was in effect at the time of the accident or conviction case, the department shall forward by United States mail, postage prepaid, to the insurer or surety insurer a copy of such information and shall assume that such policy or bond was in effect unless the insurer or surety insurer shall notify the department otherwise within twenty days from the mailing of the notice to the insurer or surety insurer; pro~ vided that if the department shall later ascertain that an automobile liability policy, motor vehicle liability policy, or surety bond was not in effect and did not provide coverage for both the owner and the operator, it shall at such time take such action as it is otherwise authorized to do under this chapter. Proof of mailing to the insurer or surety insurer may be made by the department by naming the insurer or surety insurer to whom such mailing was made and specifying the time, place and manner of mailing.