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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 
 19 

Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota.