This section makes it an offence to drive or register a motor vehicle without required insurance, and sets officer actions and towing/impoundment consequences when proof is not provided.
(a) A person is guilty of a Class C misdemeanor who: (1) Operates a motor vehicle without a liability insurance policy, a commercial automobile liability insurance policy, a motor vehicle liability insurance bond, or deposit of cash in accordance with this chapter. (2) With notice of cancellation, recision, abrogation, or termination of insurance, registers, or attempts to register a motor vehicle. (b) A person shall be guilty of a traffic violation who: (1) Operates a motor vehicle and upon demand of a law enforcement officer, fails or refuses to present satisfactory evidence of insurance unless a law enforcement officer verifies motor vehicle liability insurance coverage through the online insurance verification system. (2) Operates a vehicle the registration of which is suspended or revoked pursuant to this chapter. (3) Operates a motor vehicle and presents evidence of insurance when there is no valid insurance in effect on the motor vehicle as required by this chapter. (c) A motor vehicle may be impounded at the discretion of a law enforcement officer if the operator fails to provide evidence of registration and insurance as required by this title or Title 40. Evidence of registration and insurance may be verified through the online insurance verification system and other electronic means as necessary. (d) For the purposes of this chapter, ” operating a motor vehicle ” shall be satisfied whenever it is apparent that the vehicle has traveled any distance upon a public road or highway and a law enforcement officer may have only observed the results of finding the vehicle stopped either on or off the public road or highway, as for example when the vehicle has come to a stop after an accident. Witnessing the operation of the vehicle is not required for a citation to be issued under this chapter. (e)(1) In no case shall a motor vehicle for which a traffic stop has been conducted or which has been involved in an accident continue to be operated on a public road or highway if the operator of the motor vehicle fails to provide evidence of registration and insurance as required by Section 32-7A-4, this title, or Title 40, and in such event the following shall apply: a. For a first violation within a two-year registration period, the law enforcement officer shall direct the motor vehicle to be moved to a place of safety away from the roadway. b. For a second violation within a two-year registration period, the law enforcement officer shall direct an approved towing service to tow the vehicle to a location of the operator’s choice and to release the motor vehicle to the owner, operator, or agent thereof upon payment of any fees associated with the towing, impoundment, and storage of the vehicle. c. For a third or subsequent violation within a two-year registration period, the law enforcement officer shall cause the vehicle to be impounded. The motor vehicle may not be released to the operator, owner, or agent thereof until the requirements of Section 32-7A-4 are satisfied and all reasonable and customary towing, impoundment, and storage fees are paid. (2) Any towing service that removes a motor vehicle at the direction of a law enforcement officer shall have a lien on the motor vehicle for all reasonable and customary fees related to the towing, impoundment, and storage of a motor vehicle as provided in Section 32-6-19(c)(2).