Arizona Laws 28-4088. Duration, cancellation and return of proof
A. On request, the director shall either:
Terms Used In Arizona Laws 28-4088
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- 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.
- 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
- Motor vehicle: means a self-propelled vehicle that is registered or required to be registered under the laws of this state. See Arizona Laws 28-4001
- Operator: means a person who is in actual physical control of a motor vehicle, whether or not the person has a license. See Arizona Laws 28-4001
- Owner: means :
(a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101
- 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
- Property: includes both real and personal property. See Arizona Laws 1-215
- 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: means a state, territory or possession of the United States, the District of Columbia or a province of the Dominion of Canada. See Arizona Laws 28-4001
1. Consent to the immediate cancellation of a certificate of insurance.
2. Direct and the state treasurer shall return to the person who is entitled monies or certificates of deposit deposited pursuant to this chapter as proof of financial responsibility.
3. Waive the requirement of filing proof under any of the following circumstances:
(a) At any time after three years from the date the proof was required.
(b) The death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle.
(c) If the person who has given proof surrenders the person’s license and registration to the director.
B. The director shall not consent to the return of monies or certificates of deposit if an action for damages on a liability covered by the proof is pending, if a judgment on that liability is unsatisfied or if the person who has deposited the monies or certificates of deposit has been involved as an operator or owner in a motor vehicle accident resulting in injury or damage to the person or property of others within one year immediately preceding the request. An affidavit of the applicant stating that these facts do not exist, that the applicant has been released from all of the applicant’s liability or that the applicant has been finally adjudicated not liable for the injury or damage is sufficient evidence in the absence of evidence to the contrary in the records of the director.
C. If a person whose proof has been returned under subsection A, paragraph 3, subdivision (c) applies for a license or registration within three years from the date proof was originally required, the director shall refuse the application unless the applicant reestablishes the proof for the remainder of the three year period.