Montana Code 61-6-157. Creation of online motor vehicle liability insurance verification system
61-6-157. Creation of online motor vehicle liability insurance verification system. (1) The department, in cooperation with the commissioner of insurance, shall establish an accessible common carrier-based motor vehicle insurance verification system to verify the compliance of a motor vehicle owner or operator with motor vehicle liability policy requirements under 61-6-103, 61-6-301, and 61-6-302 and facilitate or monitor proof of financial responsibility filings under 61-6-133 and 61-6-134.
Terms Used In Montana Code 61-6-157
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Insurer: means an authorized insurer, as defined in 33-1-201, who issues or renews a motor vehicle liability policy. See Montana Code 61-6-102
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101
- Motor vehicle liability policy: means a policy of insurance issued or renewed by an insurer to a person who owns or operates a motor vehicle that meets or exceeds the minimum coverage limits under 61-6-103, including a policy certified as provided in 61-6-133 as proof of financial responsibility. See Montana Code 61-6-102
- Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
- Owner: means each person who holds the legal title to a vehicle. See Montana Code 61-1-101
- Proof of financial responsibility: means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of the proof of financial responsibility, arising out of the ownership, maintenance, or use of a motor vehicle. See Montana Code 61-6-102
- State: means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. See Montana Code 61-6-102
- System: means the online motor vehicle liability insurance verification system created in 61-6-157. See Montana Code 61-6-102
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
(2)The department may contract with a private vendor or vendors to establish and maintain the system.
(3)The system must:
(a)send requests to insurers for verification of motor vehicle liability insurance using electronic services established by the insurers, through the internet, world wide web, or a similar proprietary or common carrier electronic system in compliance with the specifications and standards of the insurance industry committee on motor vehicle administration and other applicable industry standards;
(b)include appropriate provisions to secure its data against unauthorized access and to maintain a record of all requests and responses;
(c)be accessible, without fee, to authorized personnel of the department, the courts, law enforcement personnel, county treasurers, and authorized agents under the provisions of 61-3-116;
(d)interface, wherever possible, with existing department and law enforcement systems;
(e)receive insurance data file transfers from insurers under specifications and standards set forth in subsection (3)(a) to identify vehicles that are not covered by an insurance policy;
(f)provide a means by which low-volume insurers that are unable to deploy an online interface with the system can report insurance policy data to the department or its designee for inclusion in the system;
(g)provide a means to track separately or distinguish motor vehicles that are subject to a certificate of self-insurance under 61-6-143, a surety or indemnity bond under 61-6-137, or a deposit of cash or securities under 61-6-138;
(h)be available 24 hours a day, 7 days a week, subject to reasonable allowances for scheduled maintenance or temporary system failures, to verify the insurance status of any vehicle in a manner prescribed by the department; and
(i)be used only for information-gathering and educational purposes until the completion of an appropriate testing period of not less than 6 months.
(4)The provisions of Title 2, chapter 6, parts 10 and 11, do not apply to the information contained in the verification system.
(5)Every insurer shall cooperate with the department in establishing and maintaining the system and shall provide access to motor vehicle liability policy status information to verify liability coverage:
(a)for a vehicle insured by that company that is registered in this state; and
(b)if available, for a vehicle that is insured by that company or that is operated in this state and that is the subject of an accident investigation regardless of where the vehicle is registered.