61-6-142. Duration of proof -- when money or securities may be canceled or returned. (1) The department shall direct and the state treasurer shall return to the person entitled any money or securities deposited pursuant to this part as proof of financial responsibility, or the department shall waive the requirement of filing proof under this part, in any of the following events:

(a) at any time after 3 years from the date the proof was required when during the 3-year period preceding the request the department has not received record of a conviction or a forfeiture of bail that would require or permit the suspension or revocation of the license or nonresident's operating privilege of the person by or for whom the proof was furnished;

(b) in the event of the death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle; or

(c) in the event the person who has given proof surrenders the person's license to the department.

(2) However, the department may not consent to the return of any money or securities if any action for damages upon a liability covered by the proof is then pending or any judgment upon any liability is then unsatisfied or if the person who has deposited the money or securities has, within 1 year immediately preceding the request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of the facts or that the applicant has been released from all liability or has been finally adjudicated not to be liable for the injury or damage is sufficient evidence in the absence of evidence to the contrary in the records of the department.

(3) Whenever any person whose proof has been canceled or returned under subsection (1)(c) applies for a license within a period of 3 years from the date proof was originally required, the application must be refused unless the applicant complies with the insurance or bond requirements under 61-6-301 and 61-6-302.

History: En. Sec. 29, Ch. 204, L. 1951; R.C.M. 1947, 53-446; amd. Sec. 6, Ch. 592, L. 1979; amd. Sec. 7, Ch. 218, L. 1985; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1955, Ch. 56, L. 2009.