http://www.revisor.leg.state.mn.us/stats/169/791.html
169.791 Criminal penalty for failure to produce proof of
insurance.
Subdivision 1. Terms defined. (a) For purposes of
this section and sections 169.792 to 169.799, the following
terms have the meanings given.
(b) "Commissioner" means the commissioner of public safety.
(c) "District court administrator" or "court administrator"
means the district court administrator or a deputy district
court administrator of the district court that has jurisdiction
of a violation of this section.
(d) "Insurance identification card" means a card issued by
an obligor to an insured stating that security as required by
section 65B.48 has been provided for the insured's vehicle.
(e) "Law enforcement agency" means the law enforcement
agency that employed the peace officer who demanded proof of
insurance under this section or section 169.792.
(f) "Peace officer" or "officer" means an employee of a
political subdivision or state law enforcement agency, including
the Minnesota state patrol, who is licensed by the Minnesota
board of peace officer standards and training and is authorized
to make arrests for violations of traffic laws.
(g) "Proof of insurance" means an insurance identification
card, written statement, or insurance policy as defined by
section 65B.14, subdivision 2.
(h) "Vehicle" means a motor vehicle as defined in section
65B.43, subdivision 2, or a motorcycle as defined in section
65B.43, subdivision 13.
(i) "Written statement" means a written statement by a
licensed insurance agent stating the name and address of the
insured, the vehicle identification number of the insured's
vehicle, that a plan of reparation security as required by
section 65B.48 has been provided for the insured's vehicle, and
the dates of the coverage.
(j) The definitions in section 65B.43 apply to sections
169.792 to 169.799.
Subd. 2. Requirement for driver, whether or not owner.
Every driver shall have in possession at all times when
operating a vehicle and shall produce on demand of a peace
officer proof of insurance in force at the time of the demand
covering the vehicle being operated. If the driver does not
produce the required proof of insurance upon the demand of a
peace officer, the driver is guilty of a misdemeanor. A person
is guilty of a gross misdemeanor who violates this section
within ten years of the first of two prior convictions under
this section, section 169.797, or a statute or ordinance in
conformity with one of those sections. The same prosecuting
authority who is responsible for prosecuting misdemeanor
violations of this section is responsible for prosecuting gross
misdemeanor violations of this section. A driver who is not the
owner of the vehicle may not be convicted under this section
unless the driver knew or had reason to know that the owner did
not have proof of insurance required by this section, provided
that the driver provides the officer with the name and address
of the owner at the time of the demand or complies with
subdivision 3.
Subd. 2a. Later production of proof by driver who is
owner. A driver who is the owner of the vehicle may, no later
than the date and time specified in the citation for the
driver's first court appearance, produce proof of insurance
stating that security had been provided for the vehicle that was
being operated at the time of the demand to the court
administrator. The required proof of insurance may be sent by
mail by the driver as long as it is received no later than the
date and time specified in the citation for the driver's first
court appearance. If a citation is issued, no person shall be
convicted of violating this section if the court administrator
receives the required proof of insurance no later than the date
and time specified in the citation for the driver's first court
appearance. If the charge is made other than by citation, no
person shall be convicted of violating this section if the
person presents the required proof of insurance at the person's
first court appearance after the charge is made.
Subd. 3. Later production of information by driver who
is not owner. If the driver is not the owner of the vehicle,
the driver shall, no later than the date and time specified in
the citation for the driver's first court appearance, provide
the district court administrator with proof of insurance or the
name and address of the owner. Upon receipt of the name and
address of the owner, the district court administrator shall
communicate the information to the law enforcement agency.
Subd. 4. Requirement for owner who is not driver. If
the driver is not the owner of the vehicle, the officer may send
or provide a notice to the owner of the vehicle requiring the
owner to produce proof of insurance for the vehicle that was
being operated at the time of the demand. Notice by mail is
presumed to be received five days after mailing and shall be
sent to the owner's current address or the address listed on the
owner's driver's license. Within ten days after receipt of the
notice, the owner shall produce the required proof of insurance
to the place stated in the notice received by the owner. The
required proof of insurance may be sent by mail by the owner as
long as it is received within ten days. Any owner who fails to
produce proof of insurance within ten days of an officer's
request under this subdivision is guilty of a misdemeanor. The
peace officer may mail the citation to the owner's current
address or address stated on the owner's driver's license. It
is an affirmative defense to a charge against the owner that the
driver used the owner's vehicle without consent, if insurance
would not have been required in the absence of the unauthorized
use by the driver. It is not a defense that a person failed to
notify the department of public safety of a change of name or
address as required under section 171.11. The citation may be
sent after the ten-day period.
Subd. 5. Exemptions. Buses or other commercial
vehicles operated by the metropolitan council, commercial
vehicles required to file proof of insurance pursuant to chapter
221, and school buses as defined in section 171.01, subdivision
21, are exempt from this section.
Subd. 5a. Consecutive sentences. The court may
impose consecutive sentences for offenses arising out of a
single course of conduct as permitted in section 609.035,
subdivision 2.
Subd. 6. Penalty. In addition to any sentence of
imprisonment that the court may impose, the court shall impose a
fine of not less than $200 nor more than the maximum fine
applicable to misdemeanors upon conviction under this section.
The court may allow community service in lieu of any fine
imposed if the defendant is indigent. In addition to criminal
penalties, a person convicted under this section is subject to
revocation of a driver's license or permit to drive under
section 169.792, subdivision 7, and to revocation of motor
vehicle registration under section 169.792, subdivision 12.
Subd. 7. False information; penalty. Any person who
knowingly provides false information to an officer or district
court administrator under this section is guilty of a
misdemeanor.
HIST: 1989 c 321 s 10; 1992 c 571 art 14 s 2,13; 1994 c 615 s
17; 1994 c 628 art 3 s 13; 1996 c 408 art 3 s 2-4; 1996 c 442 s
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Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota.