Maine Revised Statutes Title 29-A Sec. 1605 – Proof of financial responsibility
Current as of: 2023 | Check for updates
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1. Requirements. To be accepted as proof of financial responsibility, a policy must:
A. Conform to section 1606, subsection 2; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
B. Include the condition that the obligor must, within 30 days of rendition of judgment, satisfy the judgment in an action to recover damages:
(1) To property or for bodily injury, including death;
(2) Accidentally sustained during the term of the policy by a person other than the insured, employees of the insured actually operating the motor vehicle or another person responsible who is entitled to worker’s compensation benefits; and
(3) Arising out of the ownership, operation, maintenance, control or use of a vehicle within the limits of the United States of America or Canada; and [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
C. Be in the amount or limit of at least:
(1) For damage to property, $25,000;
(2) For injury to or death of any one person, $50,000;
(3) For one accident resulting in injury to or death of more than one person, $100,000;
(4) For medical payments pursuant to section 1605?A, $2,000; and
(5) For towing and storage charges pursuant to section 1605?B, $500. [PL 2023, c. 395, Pt. A, §1 (AMD).]
[PL 2023, c. 395, Pt. A, §1 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
Terms Used In Maine Revised Statutes Title 29-A Sec. 1605
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Camp trailer: includes a manufactured or homemade tent trailer, so called, that consists of a platform, shelf or box with means of permanently or temporarily attaching a tent. See Maine Revised Statutes Title 29-A Sec. 101
- Certificate: means the certificate of an insurance company or a surety company authorized to transact business in this State under Title 24-A that certifies that the company has issued a motor vehicle liability policy covering the vehicle involved in the accident. See Maine Revised Statutes Title 29-A Sec. 1551
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judgment: means a judgment that has become final without appeal by expiration of the time within which appeal might have been perfected, or by final affirmance on appeal, rendered by a court of competent jurisdiction of any state or of the United States. See Maine Revised Statutes Title 29-A Sec. 1551
- Law enforcement officer: means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 29-A Sec. 101
- License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
- Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
- Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101Motor vehicle liability policy: means a policy of liability insurance certified as proof of financial responsibility in accordance with section 1605, and includes, but is not limited to, a motor vehicle liability bond. See Maine Revised Statutes Title 29-A Sec. 1551 Owner: means a person who holds:
A. See Maine Revised Statutes Title 29-A Sec. 1551Person: means every person, firm, copartnership, association or corporation, but not the State or any political subdivision of the State. See Maine Revised Statutes Title 29-A Sec. 1551 Policy: means a motor vehicle liability insurance policy or motor vehicle liability bond. See Maine Revised Statutes Title 29-A Sec. 1551 Portable electronic device: means an electronic device that is portable in nature, including but not limited to a device for sending or receiving e-mail, a text messaging device, a mobile telephone and a computer. See Maine Revised Statutes Title 29-A Sec. 1551 Public way: means a way, owned and maintained by the State, a county or a municipality, over which the general public has a right to pass. See Maine Revised Statutes Title 29-A Sec. 101 Registration: means the registration certificate, plates and renewal devices pertaining to the registration of a vehicle, including temporary registered gross weight increases. See Maine Revised Statutes Title 29-A Sec. 101 Secretary of State: means the Secretary of State or the Secretary of State's deputy. See Maine Revised Statutes Title 29-A Sec. 1551 Semitrailer: includes , but is not limited to, so-called pole dollies and pole dickeys and wheels commonly used as a support for the ends of logs or other long articles. See Maine Revised Statutes Title 29-A Sec. 101 State: means a state of the United States, the District of Columbia or a province of the Dominion of Canada. See Maine Revised Statutes Title 29-A Sec. 1551 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Trailer: means a vehicle without motive power, designed to carry persons or property and to be drawn by a motor vehicle, not operated on railroad tracks, and so constructed that no part of its weight rests upon the towing vehicle. See Maine Revised Statutes Title 29-A Sec. 101 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Scope of proof. Insurance in the minimum amounts listed in subsection 1, paragraph C must be furnished for each vehicle registered, and evidence of insurance may be provided at the time of registration in electronic form, including the display of an image on a portable electronic device. Separate proof of financial responsibility is not required for a trailer, semitrailer, camp trailer or mobile home, registered to a person required to file proof of financial responsibility, that is covered by a policy on a vehicle registered by that person and provides the coverage required for a motor vehicle liability policy.
[PL 2013, c. 72, §6 (AMD).]
3. Methods of giving proof. Proof of financial responsibility may be given by the following methods:
A. By filing with the Secretary of State a certificate from an insurance or surety company; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
B. By the deposit of money or securities; or [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
C. For a corporation that is a transmission and distribution utility as defined in Title 35?A, section 102, subsection 20?B, by satisfying the Secretary of State that the corporation has financial ability to comply with the requirements of this subchapter. [PL 2021, c. 254, §1 (AMD).]
[PL 2021, c. 254, §1 (AMD).]
4. Money or securities deposited as proof. A person may give proof of financial responsibility by delivering to the Secretary of State a receipt of the Treasurer of State showing a deposit of money or securities approved by the Treasurer of State with a value or amount equal to that required in a policy.
Securities must be of a type that may legally be purchased by savings banks or for trust funds.
Money or securities deposited are subject to execution to satisfy a judgment, but are not otherwise subject to attachment or execution. The deposited money or securities may also be released upon the direction of the Secretary of State when the holding period to satisfy the statute of limitations has been satisfied.
The depositor shall also provide evidence that there are no unsatisfied judgments against the depositor registered in the office of the clerk of any Superior Court in this State.
Upon receipt and approval by the Secretary of State of the Treasurer of State’s receipt and the evidence that there are no unsatisfied judgments against the depositor, the Secretary of State shall issue to the depositor a certificate of compliance with the laws governing financial responsibility effective for a specific period of time not to exceed one year. This certificate may be produced to establish proof of financial responsibility at the request of a law enforcement officer or to satisfy registration requirements under section 402.
The depositor shall submit to the Secretary of State a new statement from the Treasurer of State and new evidence that there are no unsatisfied judgments against the depositor registered in the office of the clerk of any Superior Court in this State one month prior to the expiration of the period covered by the most recently issued certificate of compliance. Upon inspection and approval of the new receipt and evidence, the Secretary of State shall issue a new certificate of compliance for a new period of time not to exceed one year.
The depositor shall, as necessary, make additional deposits to maintain the deposit in a value or amount equal to that required in a policy. If the value of the money or securities deposited at any time falls below the value or amount equal to that required in a policy and remains below that value or amount for a period of 30 days, the Secretary of State shall revoke the certificate of compliance.
Actions taken by the Treasurer of State or the Secretary of State pursuant to this subsection do not constitute doing the business of insurance.
[PL 2021, c. 254, §2 (AMD).]
5. May substitute other proof. The Secretary of State shall return or cancel proof on acceptance of other adequate proof of financial responsibility, except that when proof of financial responsibility is established by the deposit of money or securities, the Treasurer of State shall hold the money or securities for a period of not less than 6 years following the cancellation of the deposit as proof of financial responsibility or for such other period of time required to satisfy the statute of limitations in effect at the time of cancellation for filing damage claims for causes of action arising from a motor vehicle accident.
[PL 2021, c. 254, §3 (AMD).]
6. Operating without giving proof. A person commits a Class D crime if that person is required to maintain proof of financial responsibility and, without authorization from the Secretary of State and without that proof, operates a vehicle or knowingly permits a vehicle owned by that person to be operated by another on a public way.
[PL 2017, c. 165, §5 (AMD).]
7. Restricted license. When a person is required to maintain proof of financial responsibility, the Secretary of State may issue a restricted license to that person authorizing the operation of a vehicle as long as the owner maintains proof of financial responsibility.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
8. Electronic filing of proof of financial responsibility. The Secretary of State shall implement a system for the electronic filing of proof of financial responsibility under this section.
[PL 1997, c. 165, §4 (NEW).]
9. Rules. The Treasurer of State may adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2?A to implement the provisions of this section.
[PL 2021, c. 254, §4 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1997, c. 165, §4 (AMD). PL 1997, c. 176, §5 (AMD). PL 1997, c. 176, §8 (AFF). PL 2007, c. 213, §1 (AMD). PL 2007, c. 213, §3 (AFF). PL 2013, c. 72, §6 (AMD). PL 2017, c. 165, §5 (AMD). PL 2021, c. 254, §§1-4 (AMD). PL 2023, c. 395, Pt. A, §1 (AMD).