Arizona Laws 28-4072. Nonpayment of judgments; suspension; exceptions
A. On receipt of a certified copy of a judgment, the director shall immediately suspend the license and registration and nonresident operating privilege of a person against whom the judgment was rendered, except as otherwise provided in this section and section 28-4075.
Terms Used In Arizona Laws 28-4072
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- Judgment: means a judgment that has become final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal and that is rendered by a court of competent jurisdiction of any state or of the United States on a cause of action either:
(a) Arising out of the ownership, maintenance or use of a motor vehicle for damages, including damages for care and loss of services, because of either bodily injury to or death of a person or injury to or destruction of property, including the loss of use of the property. See Arizona Laws 28-4001
- License: means a license, temporary instruction permit or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles. See Arizona Laws 28-4001
- Nonresident: means a person who is not a resident of this state as defined in section 28-2001. See Arizona Laws 28-101
- Nonresident operating privilege: means the privilege conferred on a nonresident by the laws of this state pertaining to the nonresident's operation of a motor vehicle or the use of a motor vehicle owned by the nonresident in this state. See Arizona Laws 28-4001
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Proof of financial responsibility: means proof of ability to respond in damages for liability on account of accidents occurring after the effective date of the proof and arising out of the ownership, maintenance or use of a motor vehicle, in the amounts required by section 28-4009 or 28-4033. See Arizona Laws 28-4001
- Registration: means the registration certificate or certificates and license plates issued under the laws of this state pertaining to the registration of motor vehicles. See Arizona Laws 28-4001
- Writing: includes printing. See Arizona Laws 1-215
B. If the judgment creditor consents in writing on a form prescribed by the director that the judgment debtor be allowed the license and registration or the nonresident operating privilege and if the judgment debtor furnishes proof of financial responsibility, the director may allow the privileges from the date of the consent and thereafter until the consent is revoked in writing, notwithstanding default in the payment of the judgment or of any installments prescribed in section 28-4075.
C. A person whose license, registration or nonresident operating privilege has been or is about to be suspended or shall become subject to suspension under this article may be relieved from the effect of the judgment as prescribed in this article by filing with the director all of the following:
1. An affidavit stating that at the time of the accident on which the judgment was rendered the affiant was insured, that the insurer is liable to pay the judgment and the reason, if known, why the insurance company has not paid the judgment.
2. The original or a certified copy of the policy of insurance, if available.
3. Other documents required by the director to show that the loss, injury or damage for which the judgment was rendered was covered by the policy of insurance.
D. If the director is satisfied from the papers filed pursuant to subsection C of this section that the insurer was authorized to issue the policy of insurance at the time and place of issuing the policy and that the insurer is liable to pay the judgment, at least to the extent and for the amounts required in this chapter, the director:
1. Shall not suspend the license, registration or nonresident operating privilege.
2. If the license, registration or nonresident operating privilege is already suspended, shall reinstate the license, registration or nonresident operating privilege.