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Monday, September 13, 2010

How is this different than the Arizona law?

Effective October 1, 2009, Section 61-6-157, Montana Code, Annotated:

"Senate bill 508 creates an Online Motor Vehicle Liability Insurance Verification System to verify the compliance of a motor vehicle owner or operator with motor vehicle liability policy requirements and to monitor proof of financial responsibility. The new law allows the Department of Justice, Motor Vehicle Division, to contract with a private vendor or vendors to establish and maintain the system. The system will send requests to insurers for verification of motor vehicle liability insurance using electronic services established by the insurers. The system will include provisions to secure its data against unauthorized access and to maintain a record of all requests and responses. The system will be accessible without fee to authorized personnel of the Department, the courts, law enforcement
personnel, county treasurers, and their authorized agents...

"All insurers must cooperate with the department in establishing and maintaining the system and must provide access to motor vehicle liability policy status information to verify liability coverage for a vehicle insured by that company that is registered in this state and, if available, for a vehicle that is insured by that company or that is operated in this state and the subject of an accident investigation, regardless of where the vehicle is registered.

Law Enforcement Use of the System

"A peace officer or authorized employee of a law enforcement agency may, during the course of a traffic stop or accident investigation, access the verification system to verify whether a motor vehicle is covered by a valid motor vehicle liability policy as required by state law. The response received from the system supersedes an insurance card produced by a vehicle owner or operator."

Effective January 1, 2010, Section 61-3-303, Montana Code Annotated:

"Beginning July 1, 2011, the county treasurer will use the Online Motor Vehicle Liability Insurance Verification System to verify that vehicle owners have complied with motor vehicle liability requirements. Unless the verification system is temporarily unavailable, the county treasurer cannot issue license plates to a motor vehicle when compliance cannot be verified."

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