MARCH 19, 2004

Secretary of State Terri Lynn Land today applauded lawmakers for eliminating the onerous financial penalties assessed against insured motorists who are unable to immediately show proof of vehicle insurance.

"Michigan must put the brakes on this excessive fine," said Land, an early advocate of fine-tuning that provision of the law. "Fairness demands that insured drivers be spared this stiff sanction if they can prove compliance. Traffic safety always must be a priority. But the law must be reasonable and judicious in its approach. Our legislators deserve credit for correcting this injustice."

The Legislature amended Michigan’s Driver Responsibility Act, which took effect Oct. 1, 2003. It is designed to discourage dangerous driving behavior by levying stiff fines against offenders. One section of that law slams motorists with a $150 fine for two-consecutive years if they cannot immediately show proof of insurance, regardless of whether they are actually insured.

Under the new measure, motorists who cannot immediately show proof of insurance will still be cited by law enforcement, but can have the ticket waived if they appear in court before the required appearance date and show that they had insurance at the time of the violation. Both insured and uninsured drivers will have to pay a $25 civil fine to the courts for failing to produce proof of insurance at the time of the ticket.

Motorists seeking reimbursement of fines already paid must return to court and demonstrate that they had valid insurance when they received the citation. The court will rescind the conviction and send a new abstract to the Department of State. The conviction must be removed from the driving record before the reimbursement process can begin. As much of this is a manual process, reimbursements will not be immediate.

"The Legislature’s action makes the punishment better fit the crime," Land said. "The law must distinguish between those who deliberately circumvent the law and those who simply don’t have their insurance certificates handy during a traffic stop. I urge the governor to join us in protecting the pocketbooks of hard-working families by signing this legislation without delay."

>  Back to 'News & Headlines'