No. 37554 (Repeal and Reenact): Rule R708-32. Uninsured Motorist Database

(Repeal and Reenact)

DAR File No.: 37554
Filed: 04/29/2013 04:01:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This purpose of this change is to repeal the existing Uninsured Motorist Identification Database rule and reenact the rule to include information regarding web service or Internet insurance information verification as required under Section 31A-22-315.5 (S.B. 244, 2012 General Legislative Session).

Summary of the rule or change:

This repeal and reenactment adds language to the rule to provide for automobile insurance information verification responses via web services as required under Section 31A-22-315.5 in addition to current reporting requirement under Section 31A-22-315. It also removes the current insurance verification responses and incorporates by reference a document listing the various responses that may be received from an insurance inquiry.

State statutory or constitutional authorization for this rule:

• Section 41-12a-803
• Section 31A-22-315.5
• Section 41-12a-805

This rule or change incorporates by reference the following material:

• Adds Insurance Query Responses, published by Utah Driver License Division, 04/25/2013

Anticipated cost or savings to:

the state budget:

There is no cost or savings to state budget because this change is provided by the third party contractor.

local governments:

There is no cost or savings to local government because local government does not participate in this program.

small businesses:

There may be some costs to insurance companies to provide automobile insurance information under Section 31A-22-315.5 via web services. However, any costs associated with the web services are associated with the statute, not the rule.

persons other than small businesses, businesses, or local governmental entities:

There may be some costs to insurance companies to provide automobile insurance information under Section 31A-22-315.5 via web services. However, any costs associated with the web services are associated with the statute, not the rule.

Compliance costs for affected persons:

There are no costs to law enforcement agencies or financial institutions as defined in Section 7-1-103 because they currently receive insurance information from the uninsured motorist database and the additional web service insurance information will be provided at no cost.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed the fiscal impact on businesses and determined some insurance companies may incur costs to establish a web service to provide insurance information as required under Section 31A-22-315.5.

Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Jill Laws at the above address, by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]
• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2013

This rule may become effective on:

06/24/2013

Authorized by:

Nannette Rolfe, Director

RULE TEXT

R708. Public Safety, Driver License.

[R708-32. Uninsured Motorist Database.

R708-32-1. Purpose.

The purpose of this rule is to define the procedures which will be used to administer the provisions of the "database" and the information and format in which it will be available.

 

R708-32-2. Authority.

This rule is promulgated in accordance with the Uninsured Motorist Database Program ("database") as required by Section 41-12a-803(7).

 

R708-32-3. Definitions.

(1) "Uninsured Motorist" means a driver who operates a vehicle in violation of the provisions of Title 41, Chapter 12a.

(2) "Database" means the Uninsured Motorist Identification Database created as per Section 41-12a-803.

(3) The terms "division" and "program" are as defined in Section 41-12a-802.

 

R708-32-4. Access.

(1) In accordance with Section 41-12a-803, insurance "status" information will be provided only to authorized personnel of federal, state and local governmental agencies who have access through dispatchers to the Driver License and Motor Vehicle Division's computer information screens (1027 and 1028) and to financial institutions, as defined in Section 7-1-103, for the purpose of protecting a bona fide security interest in a motor vehicle.

(2) Authorized personnel seeking information from this database will be limited to receiving the following responses:

(a) YES = Strong indication of mandatory insurance in force;

(b) NO = Strong indication mandatory insurance is not in force;

(c) EXEMPT = Vehicle is exempt from mandatory auto insurance, such as farm vehicles;

(d) NOT FOUND = Vehicle not part of insurance database; and

(e) NOT AVAILABLE = Communications with computer interrupted.

(3) Access to additional information other than "YES", "NO", "EXEMPT", "NOT FOUND," or "NOT AVAILABLE", shall be limited to the following persons who shall sign a Certificate of Understanding:

(a) Financial Responsibility Section Manager and employees;

(b) Driver License Division Director, Deputy Director, and Bureau Chiefs; and

(c) Other employees authorized by the Driver License Division Director, Deputy Director or Bureau Chiefs.

(4) Additional information, if available, may include:

(a) the vehicle owner's name and address;

(b) date of birth;

(c) driver license number;

(d) license plate number;

(e) vehicle identification number;

(f) insurance company name;

(g) policy number; and

(h) issue and expiration dates of the owner's vehicle insurance policy.

 

KEY: uninsured motorist database

Date of Enactment or Last Substantive Amendment: August 8, 2006

Notice of Continuation: March 25, 2010

Authorizing, and Implemented or Interpreted Law: 41-12a-803(7)]

R708-32. Uninsured Motorist Identification Database.

R708-32-1. Purpose.

The purpose of this rule is to establish procedures for administering and enforcing the uninsured motorist identification database program in accordance with Subsection 41-12a-803.

 

R708-32-2. Authority.

This rule is authorized by 41-12a-803.

 

R708-32-3. Definitions.

(1) Definitions in this rule are found in Subsection 41-12a-802.

 

R708-32-4. Access.

(1) In accordance with Section 41-12a-803, insurance information will be provided only to authorized personnel of:

(a) federal, state and local governmental agencies who have access through the Utah Criminal Justice Information System to Driver License and Motor Vehicle Division's computer information for law enforcement purposes;

(b) financial institutions, as defined in Section 7-1-103, for the purpose of protecting a bona fide security interest in a motor vehicle;

(c) the Driver License Division for the purpose of verifying automobile insurance coverage as authorized by the Division Director; and

(d) the Department of Motor Vehicle for the purpose of verifying automobile insurance coverage.

 

R708-32-5. Insurance Information.

(1) The insurance response may be retrieved from the uninsured motorist database or from a web service inquiry to insurance companies, whichever provides the most current and accurate information.

(2) Authorized personnel seeking information from this database will be limited to receiving responses which are adopted and incorporated within this rule by reference and are referred to in a document entitled, "Uninsured Motorist Database Query Responses".

(3) The Driver License Division, Utah Department of Public Safety, shall make available to authorized personnel for review and inspection at the division office, reception desk, 4501 South 2700 West, Salt Lake City, Utah 84130-0560 a copy of the "Uninsured Motorist Database Query Responses" document. Copies may be obtained in person or by written request to the Driver License Division Financial Responsibility Section at P.O. Box 144501, Salt Lake City, Utah 84114-4501.

 

KEY: uninsured motorist database

Date of Enactment or Last Substantive Amendment: 2013

Notice of Continuation: March 25, 2010

Authorizing, and Implemented or Interpreted Law: 41-12a-803; 31A-22-315.5

 

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