application of this section, see 82 Del. Laws, c. 160, § 5].
(a) No owner of a motor vehicle required to be registered in this State, other than a self-insurer pursuant to § 2904 of this title, shall
operate or authorize any other person to operate such vehicle unless the owner has insurance on such motor vehicle providing the following
minimum insurance coverage:
(1) Indemnity from legal liability for bodily injury, death or property damage arising out of ownership, maintenance or use of the
vehicle to the limit, exclusive of interest and costs, of at least the limits prescribed by the Financial Responsibility Law of this State.
(2) a. Compensation to injured persons for reasonable and necessary expenses incurred within 2 years from the date of the accident for:
1. Medical, hospital, dental, surgical, medicine, x-ray, ambulance, prosthetic services, professional nursing and funeral services.
Compensation for funeral services, including all customary charges and the cost of a burial plot for 1 person, shall not exceed
the sum of $5,000. Compensation may include expenses for any nonmedical remedial care and treatment rendered in accordance
with a recognized religious method of healing.
2. Net amount of lost earnings. Lost earnings shall include net lost earnings of a self-employed person.
3. Where a qualified medical practitioner shall, within 2 years from the date of an accident, verify in writing that surgical or
dental procedures will be necessary and are then medically ascertainable but impractical or impossible to perform during that 2-
year period, the cost of such dental or surgical procedures, including expenses for related medical treatment, and the net amount
of lost earnings lost in connection with such dental or surgical procedures shall be payable. Such lost earnings shall be limited to
the period of time that is reasonably necessary to recover from such surgical or dental procedures but not to exceed 90 days. The
payment of these costs shall be either at the time they are ascertained or at the time they are actually incurred, at the insurer's option.
4. Extra expenses for personal services which would have been performed by the injured person had they not been injured.
5. "Injured person" for the purposes of this section shall include the personal representative of an estate; provided, however,
that if a death occurs, the "net amount of lost earnings" shall include only that sum attributable to the period prior to the death
of the person so injured.
b. The minimum insurance coverage which will satisfy the requirements of subparagraph a. of this paragraph (a)(2)a. of this
section is a minimum limit for the total of all payments which must be made pursuant to that subparagraph of $15,000 for any 1
person and $30,000 for all persons injured in any 1 accident.
c. The coverage required by this paragraph shall be applicable to each person occupying such motor vehicle and to any other
person injured in an accident involving such motor vehicle, other than an occupant of another motor vehicle.
d. The coverage required by this paragraph shall also be applicable to the named insureds and members of their households for
accidents which occur through being injured by an accident with any motor vehicle other than a Delaware insured motor vehicle
while a pedestrian or while occupying any registered motor vehicle other than a Delaware registered insured motor vehicle, in any
state of the United States, its territories or possessions or Canada.
e. The coverage required in this paragraph shall apply to pedestrians only if they are injured by an accident with any motor vehicle
within the State except as to named insureds or members of their households to the extent they must be covered pursuant to paragraph
(a)(2)d. of this section.
f. The owner of a vehicle may elect to have the coverage described in this paragraph written subject to certain deductibles, waiting
periods, sublimits, percentage reductions, excess provisions and similar reductions offered by insurers in accordance with filings
made by such insurers with the Department of Insurance; applicable to expenses incurred as a result of injury to the owner of a vehicle
or members of the owner's household; provided that the owner of a motorcycle may elect to exclude from such coverage expenses
incurred as a result of injury to any person riding such vehicle while not on a highway and in any case of injury when no other vehicle
was involved by actual collision or contact. This election must be made in writing and signed by the owner of the vehicle; insurers
issuing such policies may not require such reductions. For all policies having a deductible pursuant to this paragraph the insured
shall receive in writing as a separate document a full explanation of all deductible options available, and the insured shall sign such
written explanation acknowledging receipt of a copy of same. In addition the insured shall sign a separate statement acknowledging
the specific deductible the insured is selecting and the related cost for the policies with such deductible. An insured person may
not plead and introduce into evidence in an action for damages against a tortfeasor the amount of the deductible; however, insurers
shall recover any deductible for their insureds or their household members pursuant to subsection (g) of this section. Any notices or
documents required under this section may be delivered in compliance with the provisions of § 107 of Title 18.
g. The coverage required by this paragraph shall be considered excess over any similar insurance for passengers, other than
Delaware residents, when the accident occurs outside the State.
h. Insurers shall notify injured persons covered under this section that the coverage is for 2 years from the date of the accident,
and that it is only extended for compensation related to surgical or dental procedures that are related to the accident and that were
impossible or impractical to perform within the 2-year period. Such surgical or dental procedures must be verified in writing, within
2 years of the accident, by a qualified medical practitioner.
i. 1. Expenses under paragraph (a)(2)a. of this section shall be submitted to the insurer as promptly as practical, in no event more
than 2 years after they are received by the insured.
2. Payments of expenses under paragraph (a)(2)a. of this section shall be made as soon as practical after they are received during
the period of 2 years from the accident. Expenses which are incurred within the 2 years but which have been impractical to present
to an insurer within the 2 years shall be paid if presented within 90 days after the end of the 2-year period.
(3) Compensation for damage to property arising as a result of an accident involving the motor vehicle, other than damage to a
motor vehicle, aircraft, watercraft, self-propelled mobile equipment and any property in or upon any of the aforementioned, with the
minimum limits of $10,000 for any 1 accident.
(4) Compensation for damage to the insured motor vehicle, including loss of use of the motor vehicle, not to exceed the actual cash
value of the vehicle at the time of the loss and $10 per day, with a maximum payment of $300, for loss of use of such vehicle.
The owner of the motor vehicle may elect to exclude, in whole or in part, the coverage described in this paragraph by the use of
certain deductibles and exclusions in accordance with filings made by the insurer with the Department of Insurance.
(b) No owner of a motor vehicle being operated in this State shall operate in this State, or authorize any other person to operate such
vehicle in this State, unless the owner has insurance on such motor vehicle equal to the minimum insurance required by the state or
jurisdiction where said vehicle is registered. If the state or jurisdiction of registration requires no minimum insurance coverage, then such
owner must have insurance on such motor vehicle equal to the minimum insurance coverage required for motor vehicles registered in
this State. However, an owner shall not be convicted under this subsection if, prior to conviction, the owner shall produce to the court
in which the offense is to be tried the insurance identification card or in lieu thereof other sufficient proof of insurance showing such
insurance to be in full force and effect at all pertinent times when the motor vehicle was being operated in this State. The Justice of
the Peace Court may permit an operator charged under this subsection to provide proof of insurance to the Court by mail or facsimile
transmission in lieu of a personal appearance. Proof of insurance shall be as prescribed by the Court and shall be sent to the Court directly
from the operator's insurer or the insurer's agent or broker. It shall be the responsibility of the operator to ensure that proof of insurance
is received and accepted by the Court. When proof of insurance is sent by mail or fax, the Court may also accept a guilty plea by mail
or fax for any accompanying charge for which a voluntary assessment is permitted under § 709(e) of this title. A guilty plea so accepted
shall have the same force and effect as if the operator had made the plea in open court. The Justice of the Peace Court shall enact court
rules to implement the handling of such cases by mail or facsimile transmission. Where proof of insurance is provided by facsimile, the
operator's insurer or the insurer's agent or broker must confirm the information by mail and the Justice of the Peace Court must confirm
by telephone that the facsimile was sent by the operator's insurer or the insurer's agent or broker.
(c) Only insurance policies validly issued by companies authorized to write in this State all the kinds of insurance embodied in the
required coverages shall satisfy the requirements of this section.
(d) Nothing in this section shall be construed to prohibit the issuance of policies providing coverage more extensive than the minimum
coverages required by this section or to require the segregation of such minimum coverages from other coverages in the same policy.
(e) Policies purporting to satisfy the requirements of this section shall contain a provision which states that, notwithstanding any of
the other terms and conditions of the policy, the coverage afforded shall be at least as extensive as the minimum coverage required by
this section.
(f) The coverage described in paragraphs (a)(1)-(4) of this section may be subject to conditions and exclusions customary to the field
of liability, casualty and property insurance and not inconsistent with the requirements of this section, except there shall be no exclusion
to any person who sustains bodily injury or death to the extent that benefits therefore are in whole or in part either payable or required
to be provided under any workers' compensation law.
(g) Insurers providing benefits described in paragraphs (a)(1)-(4) of this section shall be subrogated to the rights, including claims
under any workers' compensation law, of the person for whom benefits are provided, to the extent of the benefits so provided.
(1) Such subrogated rights shall be limited to the maximum amounts of the tortfeasor's liability insurance coverage available for the
injured party, after the injured party's claim has been settled or otherwise resolved, except that the insurer providing benefits shall be
indemnified by any workers' compensation insurer obligated to make such payments to the injured party.
(2) Any settlement made with an injured party by a liability insurer shall not be challenged or disputed by any insurer having
subrogated rights.
(3) Disputes among insurers as to liability or amounts paid pursuant to paragraphs (a)(1)-(4) of this section shall be arbitrated by the
Wilmington Auto Accident Reparation Arbitration Committee or its successors. Any disputes arising between an insurer or insurers
and a self-insurer or self-insurers shall be submitted to arbitration which shall be conducted by the Commissioner in the same manner
as the arbitration of claims provided for in subsection (j) of this section.
(4) No insurer or self-insurer shall join or be joined in an action by an injured party against a tortfeasor for the recovery of damages
by the injured party and/or the recovery of benefits paid by the insurer or self-insurer.
(5) Nothing contained herein shall prohibit a liability insurer from paying the subrogated claim of another insurer prior to the
settlement or resolution of the injured party's claim. However, should the amount of such settlement or resolution, in addition to the
amount of any subrogated claim, exceed the maximum amount for the tortfeasor's liability insurance coverage available for the injured
party, then any insurer who has been paid its subrogated claim shall reimburse the tortfeasor's liability insurer that portion of the claim
exceeding the maximum amount of the tortfeasor's liability insurance coverage available for the injured party.
(6) Unless specifically excepted by this subsection, this subsection shall also apply to self-insurers.
(h) Any person eligible for benefits described in paragraph (a)(2) or (3) of this section, other than an insurer in an action brought
pursuant to subsection (g) of this section, is precluded from pleading or introducing into evidence in an action for damages against a
tortfeasor those damages for which compensation is available under paragraph (a)(2) or (3) of this section without regard to any elective
reductions in such coverage and whether or not such benefits are actually recoverable.
(i) Nothing in this section shall be construed to require an insurer to insure any particular risk. Nothing herein shall limit the insurer's
obligation pursuant to the Delaware Automobile Plan.
(j) Every insurance policy issued under this section shall require the insurer to submit to arbitration, in the manner set forth hereinafter,
any claims for losses or damages within the coverages required under paragraph (a)(2) of this section and for damages to a motor vehicle,
including the insured motor vehicle, including loss of use of such vehicle, upon request of the party claiming to have suffered a loss or
damages within the above-described coverages of paragraph (a)(2) of this section or to such a motor vehicle. Such request shall be in
writing and mailed to the Insurance Commissioner.
(1) All arbitration shall be administered by the Insurance Commissioner or the Insurance Commissioner's nominee.
(2) The Insurance Commissioner or the Insurance Commissioner's nominee shall establish a panel of arbitrators consisting of
attorneys authorized to practice law in the State and insurance adjusters licensed to act as such in the State.
(3) The Insurance Commissioner, or the Insurance Commissioner's nominee, shall select 3 individuals from the panel of arbitrators,
at least 1 of whom shall be an attorney authorized to practice law in the State, to hear each request for arbitration.
(4) The Insurance Commissioner, or the Insurance Commissioner's nominee, shall promulgate all rules and regulations necessary
to implement this arbitration program.
(5) The right to require such arbitration shall be purely optional and neither party shall be held to have waived any of its rights by
any act relating to arbitration and the losing party shall have a right to appeal de novo to the Superior Court if notice of such appeal is
filed with that Court in the manner set forth by its rules within 30 days of the date of the decision being rendered.
(6) The Insurance Commissioner shall establish a schedule of costs of arbitration; provided, however, the arbitrator's fee shall not
exceed $25 per arbitrator for any 1 arbitration.
(7) The cost of arbitration shall be payable to the State Department of Insurance, and shall be maintained in a special fund identified
as the "Arbitration Fund" which shall be administered by the Insurance Commissioner. These funds under no circumstances shall revert
to the General Fund. All costs of arbitration including administrative expenses of the Insurance Department and the arbitrator's fee
shall be payable from this Fund.
(8) The applicant may be reimbursed the cost of filing arbitration as a part of the award rendered by the arbitration panel. If an
insurer should pay an applicant damages in advance of a hearing, they shall include with those damages the cost to the applicant of
filing the arbitration.
(9) This subsection shall also apply to self-insurers.
(k) Every insurance company authorized to transact the business of motor vehicle liability insurance in this State shall file with the
Insurance Commissioner as a condition of its continued transaction of such business within this State a form approved by the Insurance
Commissioner stating that its motor vehicle liability policies, on Delaware registered vehicles wherever issued, shall be deemed to provide
the insurance required by this section. A nonadmitted insurer may file such a form.
(l) A motor vehicle registration shall not be issued or renewed for any vehicle not covered by a vehicle insurance policy meeting the
requirements of this title. All insurers shall send to the Division of Motor Vehicles notice, in written or electronic form per the direction
of the Division, of any cancellations or terminations of private passenger automobile insurance under § 3904(a)(1) of Title 18 for any
private passenger automobile policies which are final and occur within the first 6 months after such policies are issued. The Insurance
Commissioner may further change the timeframe for notification by regulation. All insurers shall send notice to the named insured when
a motor vehicle insurance policy is canceled pursuant to the provisions of § 3905 or § 3920 of Title 18.
(m) A motor vehicle owner shall, upon request of the Division of Motor Vehicles, offer proof of insurance in full force and effect as
a condition of registration or continued registration of a motor vehicle. The Division of Motor Vehicles, upon proof from its records or
other sufficient evidence that the required insurance has not been provided or maintained or has terminated or otherwise lapsed at any
time, shall immediately suspend the registration of the uninsured vehicle. The registration shall remain suspended until:
(1) The required insurance is obtained or replaced and the vehicle owner submits evidence of insurance on a form prescribed by the
Division of Motor Vehicles and certified by the insurer or its agent; and
(2) An uninsured motorist penalty fee is paid to the Division of Motor Vehicles.
(n) (1) Except as provided in subsection (p) of this section, within 5 days of the notice of suspension from the Division of Motor
Vehicles, the owner will surrender to the Division of Motor Vehicles the vehicle's certificate of registration and the registration plate.
(2) The Division of Motor Vehicles will promulgate rules and/or regulations to cover those circumstances in which there is an
allegation of lost or stolen tags.
(3) Each insurer shall report to the Division of Motor Vehicles, within 30 days on a form prescribed by the Division of Motor
Vehicles, the name of any person or persons involved in an accident or filing a claim who is alleged to have been operating a Delaware
registered motor vehicle without the insurance required under this chapter. At a minimum, the insurer shall provide the name, address
and description of the vehicle alleged to be uninsured. Each insurer shall take reasonable care when reporting potential violations of this
section, but in no case shall an insurer, provider or any of its employees or agents incur any liabilities for erroneous reports of a violation.
(4) In addition to any other penalty provided for in the Delaware Motor Vehicle Law, if the required insurance for a vehicle terminates
or otherwise lapses during its registration year, the Division of Motor Vehicles shall assess the owner of the vehicle with a penalty
of $100 for each vehicle without the required insurance for a period of up to 30 days. When a penalty fee is assessed, beginning on
the thirty-first day of the penalty period, the penalty fee shall increase by a rate of $5.00 for each subsequent day until the insurance
is replaced, tags are surrendered to the Division of Motor Vehicles, or the registration expires, whichever occurs first. The Division
of Motor Vehicles shall also charge a registration reinstatement fee of $50. When the Division of Motor Vehicles assesses a vehicle
owner with a penalty under this subsection, the Division shall not reinstate a registration suspended under this section until the penalty
is paid, and the owner has also paid a registration reinstatement fee of $50.
(o) "Insurance identification card" shall mean a card issued by or on behalf of an insurance company or bonding company duly
authorized to transact business in this State which states in such form as the Insurance Commissioner may prescribe or approve that such
company has issued a vehicle insurance policy meeting the requirements of this title. If the insured and insurance company both consent,
the insurance identification card may be produced in electronic format. Acceptable electronic formats include display of electronic images
on a cellular phone or any other type of portable electronic device. The Insurance Commissioner shall require all insurance companies
transacting business within this State to provide with each vehicle insurance policy an insurance identification card describing the vehicle
covered. The insurance identification card shall be valid for a period not to exceed 6 months. Notwithstanding this limitation, an insurance
identification card may be issued for a period of 12 months if premium has been paid for the 12-month period. If an owner shall have
filed a financial security deposit, or shall have qualified as a self-insurer, the term "insurance identification card" shall mean a card issued
by the Office of the Insurance Commissioner which evidences that such deposit has been filed or that such owner has so qualified.
(p) (1) The insurance identification card issued for a vehicle required to be registered under this title shall at all times, when the vehicle
is being operated upon a highway within this State, be in the possession of the operator thereof or carried in the vehicle and shall be
produced upon the request of a police officer or any other party involved in an accident with the insured. If the operator of a motor vehicle
is unable to produce an insurance identification card at the time of a traffic stop or an accident the operator shall be issued a summons
to appear in court. If the operator is convicted under this subsection and has not provided proof of insurance in effect as of the date of
conviction, the court shall, in addition to any other penalties imposed, notify the Division of Motor Vehicles of the lack of insurance. The
Division of Motor Vehicles shall promptly suspend the vehicle's registration pursuant to the provisions of subsection (m) of this section.
a. Presentation of proof of insurance in electronic format shall not constitute consent for law enforcement or other state officials
to access other contents of the cellular phone or other portable electronic device, and shall not expand or restrict authority to conduct
a search or investigation.
b. Law-enforcement officers and other state officials shall not be liable for any damage to a cellular phone or portable electronic
device resulting from its use to present satisfactory proof of motor vehicle liability insurance coverage.
c. A police officer may require the operator to electronically forward the proof of insurance to a specified location provided by
the officer. The electronic insurance information would then be viewed in a setting which is safe for the officer to verify that all
the information is valid and accurate.
(2) An operator shall not be convicted under this subsection if, prior to conviction, the operator shall produce to the court in which
the offense is to be tried the insurance identification card or in lieu thereof other sufficient proof, including but not limited to an
automobile, garage keeper's or other commercial or personal insurance policy, showing that there was insurance in full force and effect
at all pertinent times covering or which would cover the said motor vehicle or the operation of the said motor vehicle by the operator
charged under this subsection.
(3) Subject to paragraph (p)(2) of this section above, the Justice of the Peace Court may permit an operator charged under this
subsection to provide proof of insurance to the Court by mail or facsimile transmission or other Court approved method in lieu of a
personal appearance. Proof of insurance shall be as prescribed by the Court and shall be sent to the Court directly from the operator's
insurer or the insurer's agent or broker. It shall be the responsibility of the operator to ensure that proof of insurance is received and
accepted by the Court. When proof of insurance is accepted by the court by any means other than personal appearance, the Court may
also accept a guilty plea in absentia for any accompanying charge for which a voluntary assessment is permitted under § 709(e) of this
title. A guilty plea so accepted shall have the same force and effect as if the operator had made the plea in open court. The Justice of the
Peace Court shall enact court rules to implement the handling of such cases by means other than personal appearance of the operator.
(4) Where the individual is charged with violating this section, and at the time of the alleged offense, the individual was operating
a vehicle owned or leased by the individual's employer in the course and scope of the individual's employment, the individual shall
not be convicted of violating this section unless the individual knew or should have known that the employer's vehicle failed to meet
the requirement of this section.
(q) (1) The Division of Motor Vehicles shall annually select for verification on a random sample basis not less than 10% of vehicle
registrations subject to the insurance required by this section. This verification will be made through the insurers as reflected in the
Division's records.
(2) Any vehicle owner identified by the Division as a possible uninsured shall submit proof of insurance within 30 days of the
Division's request for such proof, to the Division of Motor Vehicles on a form prescribed by the Division and certified by an insurer
or agent.
(3) The failure of a vehicle owner to submit the required proof under this section within a 30-day period shall be prima facie evidence
that the vehicle is uninsured and the owner shall be subject to the penalties as prescribed in subsections (l) and (m) of this section.
(4) With respect to any vehicle which has:
a. Had its registration suspended by the Division of Motor Vehicles pursuant to subsection (m) of this section,
b. Had transfer of custody of its license plate ordered by the Justice of the Peace Court pursuant to subsection (p) of this section, or
c. Failed to produce proof of insurance in a timely fashion pursuant to this subsection (q) of this section,
an officer of the Delaware State Police or member of the Department of Insurance's Fraud Prevention Bureau ("the Fraud Bureau")
may confiscate the registration plate of that vehicle at any time absent affirmative proof that the vehicle is currently insured. Prior to
any confiscation pursuant to this subsection, the registered owner of a vehicle shall receive notice at least 7 days prior to confiscation by
regular and certified mail that such confiscation is to occur, and shall be provided a means to prove that the vehicle has current insurance
prior to the indicated confiscation date. The Division of Motor Vehicles and the Justice of the Peace Court shall provide information
to the Fraud Bureau and Delaware State Police sufficient to allow those organizations to enforce this subsection. Registration plates
confiscated pursuant to this subsection shall be turned over to the Division of Motor Vehicles, which shall follow procedures established
pursuant to and consistent with subsection (m) of this section for return of said plates. The Fraud Bureau shall provide its members
with sufficient training to ensure safe enforcement of this subsection.
(r) In the event of a suspension of a driver's license pursuant to this section, the Department may issue an occupational license during a
period of suspension upon application by the applicant upon a form prescribed by the Department and sworn to by the applicant; provided,
that the applicant sets forth in said application that the suspension of such license has created an extreme hardship and that no prior
occupational license has been issued within the preceding 12 months; provided, however, that no such occupational license shall be issued
until the applicant demonstrates proof of liability insurance on all motor vehicles owned by such applicant or spouse. If the suspension of
the driver's license resulted from the arrest and conviction of a person stemming from an incident in which property damage or personal
injury occurred, an occupational license shall not be issued, the other provisions of this subsection to the contrary notwithstanding.
(s) (1) Whoever violates any subsection of this section shall be fined for the first offense not less than $1,500 nor more than $2,000 and
shall have that person's driving license and/or privileges suspended for 6 months. For each subsequent offense occurring within 3 years
of a former offense, that person shall be fined not less than $3,000 nor more than $4,000 and shall have that person's driver's license
and/or driving privilege suspended for 6 months. The minimum fine levied for a violation of subsection (a), (b), or (p) of this section
may be suspended, in whole or in part, by the Court if evidence is presented that the defendant has secured insurance between the date
of charge and the date of sentencing.
(2) Failure of the owner or operator to produce an insurance identification card for insurance which is in full force and effect at
the time of the offense shall be presumptive evidence that such person is operating such person's vehicle without having insurance
required by this title.
(3) Notwithstanding the penalties specified above, anyone convicted of driving without minimum insurance as required in this section
shall have such person's privileges of driving suspended in this State until such time as such person has furnished proof of insurance
to the Division of Motor Vehicles.
(t) (1) The Division of Motor Vehicles shall periodically select for verification of the required insurance all vehicles owned, individually
or jointly, by a person who has been previously convicted of violating the provisions of this subchapter.
(2) The Division of Motor Vehicles may determine the accuracy of information relating to the proof of required insurance satisfying
the provisions of this section.
(u) (1) The Division of Motor Vehicles may require evidence that any motor vehicle registered in a person's name, individually or
jointly, is covered by the insurance required by this chapter, at a conference, hearing or interview:
a. As a result of point accumulation on the owner's motor vehicle driving record pursuant to the rules and regulations of the
Division of Motor Vehicles; or
b. To show cause why the person's license should not be suspended or revoked pursuant to the laws of this State or the rules and
regulations of the Division of Motor Vehicles.
(2) The Division of Motor Vehicles may require evidence that any vehicle registered in a person's name, individually or jointly, is
covered by the insurance required by this chapter, at the time of reinstatement of driving privileges.
(3) The evidence of insurance shall be on a form prescribed by the Division of Motor Vehicles and certified by an insurer or its agent.
(4) Failure to submit the required proof under this section shall be prima facie evidence that any vehicle registered in that person's
name, either individually or jointly, is uninsured and the owner shall be subject to the penalties as prescribed in subsections (l) and
(m) of this section.
(v) (1) If a person has been issued an equipment inspection notice pursuant to § 2144 of this title, the person shall send within 30 days
to the Division of Motor Vehicles the evidence of insurance or security required by this chapter on a form prescribed by the Division
and certified by an insurer or agent.
(2) A failure to submit the evidence required by paragraph (v)(1) of this section shall result in the suspension of the registration of
the vehicle cited and the assessment of the uninsured motorist penalty fee under this section.
(w) The Division of Motor Vehicle shall conduct a study or cause such study to be conducted to assess the feasibility and costs of
establishing a direct computer link between the Division of Motor Vehicle's registration files and the insurance companies' data bases for
the purposes of allowing the Division to conduct "real time" status reports of uninsured motorists. The Division of Motor Vehicles shall
also conduct a study or cause such study to be conducted to analyze the ramifications of implementing an uninsured motorist program
in the State similar to that of Virginia's Uninsured Motorist Program.
(x) Notwithstanding any contrary provisions of the Code, there shall be established a special fund of the State to be known as the
D.M.V.T. Fund. The Secretary of Finance shall, commencing upon July 18, 1995, and commencing at the beginning of each fiscal year
thereafter, cause to be deposited into the D.M.V.T. Fund amounts received as payments of fines and costs assessed by the Justice of the
Peace Courts and/or the Court of Common Pleas under this section, until the amount deposited in said fiscal year shall equal $150,000.
(y) The purpose of the D.M.V.T. Fund is to provide for the administrative costs associated with this Act. Any balance in the D.M.V.T.
Fund as of the last day of the fiscal year in excess of $15,000 shall be deposited to the General Fund. The Secretary of Finance shall make
deposits to the D.M.V.T. Fund as required under this section commencing after August 1, 1995.
(z) The Director of the Division of Motor Vehicles may adopt such rules and regulations, not inconsistent with this title, as are necessary
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