The program shall:

(1) Be an accessible common carrier based system for online electronic verification and data transfers of proof of motor vehicle liability insurance in accordance with IICMVA specifications and standards;

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Terms Used In Tennessee Code 55-12-205

  • carrier: means an insurance carrier licensed under title 56 to provide vehicle insurance, as defined in §. See Tennessee Code 55-12-203
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Department: means the department of revenue. See Tennessee Code 55-1-111
  • Designated agent: means a third-party vendor that the department of revenue may contract with to develop, implement, and administer the program. See Tennessee Code 55-12-203
  • 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.
  • Full book of business: means a business record download of an automobile liability insurer made in accordance with IICMVA Insurance Data Transfer Guide Specifications that contains the data elements described in §. See Tennessee Code 55-12-203
  • IICMVA: means the Insurance Industry Committee on Motor Vehicle Administration. See Tennessee Code 55-12-203
  • IICMVA Model: means the online insurance verification system model created by the IICMVA. See Tennessee Code 55-12-203
  • NAIC: means the National Association of Insurance Commissioners. See Tennessee Code 55-12-203
  • program: means an insurance verification program that is created in compliance with the online verification system and data transfer standards, specifications, model, and guide of the IICMVA, and developed, implemented, and administered by the department of revenue in compliance with this part. See Tennessee Code 55-12-203
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
(2) Verify, on an on-demand basis minus reasonable downtime for system maintenance as agreed upon by the department of revenue, or its designated agent, and the insurer, the liability insurance status of a motor vehicle, whose status is determined:

(A) As of the time of the inquiry; or
(B) At other times not exceeding six (6) months prior to the inquiry unless otherwise agreed upon by the commissioner of revenue, or its designated agent, and the insurer;
(3)

(A) In an effort to confirm the liability insurance status of a motor vehicle in instances where the program is unable to verify the liability insurance status, require automobile liability insurers that choose only to utilize the IICMVA model to:

(i) Accept unknown carrier requests; or
(ii) Provide upon request either:

(a) A full book of business as described in § 55-12-207, current to the date of the request; or
(b) A list of vehicle identification numbers of all vehicles currently insured by the automobile liability insurer;
(B) The information in subdivision (3)(A)(ii) shall be requested no more frequently than quarterly and the automobile liability insurer may freely choose between the options described in subdivisions (3)(A)(ii)(a) and (b).
(4) Use, as warranted, multiple data elements to make insurance verification inquiries more accurately by utilizing:

(A) The automobile liability insurer’s NAIC code;
(B) Vehicle identification numbers;
(C) Insurance policy numbers or policy key;
(D) The date of the verification request; and
(E) Other data elements as set forth in the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification;
(5) Provide sufficient measures for the security and integrity of data collected by the program;
(6) Limit the usage of the information obtained through the operation of the program to the department of revenue, the department of safety, the department of commerce and insurance, law enforcement, and the judiciary to effectuate the purposes of this chapter;
(7) Utilize open data and data transmission standards as determined by the department of revenue by rule;
(8) Send requests to automobile liability insurers for verification of evidence of financial responsibility via online services established by the automobile liability insurers, or offered through a similar proprietary or common carrier electronic system in compliance with the specifications and standards of the IICMVA;
(9) Respond to a verification request within a time period established by the department of revenue, or its designated agent, and consistent with the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification; and
(10) Work in conjunction with existing state programs and systems related to this title if necessary to carry out this part.