ARTICLE 3. Release of Proof [16480 - 16484]
( Article 3 enacted by Stats. 1959, Ch. 3. )
(a) The department shall upon request, or may at its own discretion, cancel any bond or any certificate of insurance, or the department shall direct the return to the person entitled thereto of any money or securities deposited pursuant to this code as proof of financial responsibility, or the department shall waive the requirement of filing proof of financial responsibility in any of the following events:
(1) When the person is no longer required to maintain the proof under the provisions of this code.
(2) At any time after three years from the date the proof was required.
(3) Upon the death of the person on whose behalf the proof was filed.
(4) The permanent incapacity of the person to operate a motor vehicle if the person surrenders for cancellation his or her driver’s license to the department.
(b) The department shall not release proof filed by the bond of individual sureties as set forth in Section 16434, or if given in the manner prescribed by Section 16435, if any action for damages upon a liability referred to in this code is then pending or if any judgment upon any the liability is outstanding and unsatisfied. An affidavit of the applicant of the nonexistence of those facts shall be prima facie evidence thereof.
(Amended by Stats. 1989, Ch. 1157, Sec. 19.)
(a) Any person whose privilege to operate a motor vehicle has been suspended because of failure to satisfy a judgment and the judgment has been outstanding for a period of three years or more, may be relieved of the penalties therein provided and the privilege of the person to operate a motor vehicle may be restored in the event the person files with the department and thereafter maintains proof of financial responsibility notwithstanding that the judgment which gave rise to the order of suspension has not been paid or fully satisfied.
(b) Any person who has filed proof of financial responsibility as required for three years, or who has been eligible to file that proof for three years, may be relieved of the requirement of filing proof as provided in paragraph (2) of subdivision (a) of Section 16480.
(Amended by Stats. 1989, Ch. 1157, Sec. 20.)
The department shall cancel any bond or any certificate of insurance or direct the return of any money or securities to the person entitled thereto, upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this code.
(Amended by Stats. 1989, Ch. 1157, Sec. 21.)
Except when a nonresident minor’s certificate or minor’s license is canceled as required by Sections 12504 and 17704, respectively, whenever any evidence of proof of financial responsibility filed by any person under the provisions of this code no longer fulfills the purpose for which required, the department shall require other evidence of financial responsibility as required by Article 1 (commencing with Section 16430) and shall suspend the privilege of the person to operate a motor vehicle upon a highway. The suspension shall remain in effect until adequate proof of financial responsibility is filed with the department by the person.
(Amended by Stats. 1989, Ch. 1157, Sec. 22.)