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dmacleod1

Guest
What is the name of your state? What is the name of your state? Connecticut
Just received a warning of motor vehicle cancellation because I don't have any Liability Insurance. MVD says I have to pay a $100 fine, but I don't think I do.

Left car sitting in driveway from July thru October and cancelled insurance cause I didn't operate it. Gave it to my daughter November 1 and transferred the registration and plates to her.

I believe that the statute (Title 14 sec. 14-12g) says that the "Owner" is liable at the time that the commissioner decides a violation has occurred. My daughter is the owner now, not me.
The warning says that I am in violation of the law if I am "still in possession of the vehicle". Motor vehicles says I still have to pay. Any way I can weasel out of this? Can they cancel her registration if I don't pay? Should I request a hearing?
 


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hexeliebe

Guest
Of course you can weasle out of this.

Just let your daughter pay for your inability to follow the law.

geeez, you take the cake.
 
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dmacleod1

Guest
Don't see how my daughter would have to pay for this. Just want to know what the law is. Are you saying I should just pay anyway if I am innocent?

I take the cake?
 
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hexeliebe

Guest
Pay the damn fine. You are not innocent.

By your own admission you cancelled the insurance at the end of October and gave your daughter the car after you had cancelled the insurance.

Now, unless you signed over the car at the same exact moment you titled the car to her, you are technically in violation of the law.

But I don't care.
 
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dmacleod1

Guest
I think you have it backwards. I am not "technically in violation of the law". I am "Guilty as hell" - but - I think I am "technically not guilty".

The notice says "If you cannot meet any of the requirements on the back of this form and you are still in possession of the vehicle then you are in violation" The key word being "and" (sort of like Clnton's "is") Since I am no longe in possession of the vehicle then can I assume that I am NOT in violation?

Further, the statute states that if I request a hearing then the examiner will focus on two things:

A) That I am still in possession of the vehicle
B) That I let my insurance lapse

and if A or B is negative then I am not in violation. Alas, when I ask the DMV about this they just say I have to pay the fine.

This makes sense to me since the penalty for not paying the fine is cancellation of my registration. But since I already cancelled the registration, that would be a moot point.

I just wanted legal advice on what else they could do to me or if this could somehow effect my daughter. I thought that was pretty good parental concern and I was kind of surprised when some yahoo posted and accused me of being a bad parent. Oh well, there's all types ya know and you can't worry about all of them.

So, Am I immoral for not wanting to give the state an extra $100?
You talk to people and you find out how many people obviously know you can't operate a car without insurance, but think nothing of storing their corvette for the winter and cancelling the insurance for that period. Are they all felons too? Death penalty for em?
 
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hexeliebe

Guest
I wouldn't be caught dead in a piece of crap corvette. However, there are four cars in the garage. All under tarps and all with non-operational license plates on them. And none of them have insurance.

You see, that's what responsible people do when they collect cars they know they will only drive sometimes, in the summer or not at all. They either cancel the registration the same time they cancel the insurance or they get a non-operational registration that does not require insurance.
 
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allen03

Guest
A friend of mine found out the hard way that it's ILLEGAL to own a vat and have it registered in your name unless it is insured. She bought a used car (after not having one for a couple yrs), let it sit until she could get it repaired & insured. Wham! She got a notice from BMV. The really DO those random computer checks, and if you are th eOWNER and cannot provide proof of insurance on (whatever past date they choose) then you pay a fine, have to get insurance, have to file some form (I think it's SR-22) every year with BMV, your rates go up, lots of insurance companies will not insure you, AND you are watched carefully for FIVE years. Yes. It's true. Does not matter if the car has no engine and is missing 3 tires,

Try getting your driver's license renewed, or getting another car in your name while going thru this mess. Trust me, they're gonna get ya, so better watch out.
 
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tammy8

Senior Member
Most states you are not just paying to insure the car, but also the license plate on the car. If insurance was cancelled and plates were not turned in you owe the fine.
 

JETX

Senior Member
Okay, lets try to clarify this issue..... and show where you ARE wrong.

You are ignoring an important part of the statute that you cite. That part says, the "Commissioner of Motor Vehicles determines that the owner of a registered motor vehicle is in violation of the mandatory security requirements of sections 14-12c and 38a-371, the commissioner shall issue to such owner a notice of cancellation of the registration involved."
That is the part you are in violation of.

If you look at the referenced statute (sec 14-12c, "Penalties for failure to insure or maintain insurance") you will see that you ARE in violation. That statute requires you to have insurance for a vehicle, or to surrender its plates. There is nothing in your post as to the surrendering the plates, so you would be required to maintain insurance on it and that gives the 'commission' the right to cancel the registration and force you (or her) to comply with Section 14-12h to get it renewed.

"If the commissioner finds that the owner had the required security in effect at the time such application was submitted but failed to maintain it continuously during the registration period, he shall cancel any registration issued as a result of such application and the registration number plates shall be surrendered to the commissioner or shall be subject to confiscation in accordance with the provisions of section 14-12h. No new registration for any motor vehicle, the registration of which has been cancelled under this section, may be obtained except as provided by section 14-12h."

This is done to prevent deadbeats from not having insurance and claiming that the car was left "sitting in driveway from July thru October" when it was in fact being driven.

So, either pay the fine or request a hearing and tell your side. Then pay the fine.
 
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dmacleod1

Guest
Olay, I get the message. Guess I'll pay the fine. Thanks for your advice.

I've been reading some of the other threads on this web-site. You're a strange bunch of people, but I guess it keeps you off the streets. :)
 

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