ILNews

BMV puts the brakes on enforcing uninsured motorist registry

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Bureau of Motor Vehicles agreed Monday to halt enforcement of the “Previously Uninsured Motorist Registry” and reinstate the driver’s licenses of thousands of Hoosiers.

The American Civil Liberties Union of Indiana is claiming a “win” in its ongoing litigation seeking to stop the BMV from demanding proof of auto insurance from individuals who are not required to have it.

Established by the Indiana General Assembly in 2010, the registry lists the names of Indiana drivers who have been convicted of operating a vehicle without insurance, according to a BMV spokesman. Then at unspecified times, the BMV contacts randomly selected people from the registry and asks that they provide proof of auto coverage. Individuals who cannot show proof of insurance are convicted again.

The ACLU contends that the “Previously Uninsured Motorist Registry” unlawfully suspended the driver’s licenses of people who had not violated any laws. Even thought the BMV never issued the rules regarding enforcement, the agency began to suspend driver’s licenses of randomly selected individuals.

In June, the ACLU filed a lawsuit on behalf of those randomly selected people, charging the BMV’s actions violated state law and due process as guaranteed by the 14th Amendment. The case, Lourrinne M. White, et al. v Indiana Bureau of Motor Vehicles, 49D02-1206-PL-241716, was filed in Marion Superior Court.

Marion County Judge Theodore Sosin subsequently granted a preliminary injunction in August.

“I am hopeful that the BMV will go back to the General Assembly in 2013 to change this law so that Hoosiers are not again subject to unlawful and unconstitutional suspensions of their driving privileges,” Ken Falk, ACLU of Indiana legal director, stated in a press release.

The BMV has been trying to clarify and detail the implementation of the registry law as circumstances and issues not contemplated by the Legislature have arisen, said a BMV spokesman. Internal discussions regarding the regulations have included possibly turning to the General Assembly for a solution.




 

ADVERTISEMENT

  • whatever
    how about the people suspended PAY $100 a day to the BMV. It is a law to have insurance.
  • Civil Suit
    Everyone that was suspended should now sue for $100.00 a day for every day of suspension and the court should fin in favor of all then triple the damages!

    Post a comment to this story

    COMMENTS POLICY
    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
     
    You are legally responsible for what you post and your anonymity is not guaranteed.
     
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
     
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
     
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
     

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by

    facebook - twitter on Facebook & Twitter

    Indiana State Bar Association

    Indianapolis Bar Association

    Evansville Bar Association

    Allen County Bar Association

    Indiana Lawyer on Facebook

    facebook
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    ADVERTISEMENT