November 8, 1982
We are becoming or
perhaps have always been a tolerant society. Of course the
But of late we have become a compliant society. When laws
and regulations are enacted that burden us or seem to be unjust we accept them
without too much whimper and adjust to the “new way of life”. Although not
sloganeers byt nature we seem to have become
proponents of the one slogan that might in the long run do us the most harm
i.e. “You can’t fight City Hall”.
Thus we tolerate the Certificate of Need process that
rations health facilities, thus health care in
And we tolerate a statute that imposes on each automobile
owner the obligation not only to carry automobile insurance on the vehicle but
always to be able to produce an “insurance card” whenever requested by a law
enforcement officer. The statute demands that an insurance card be available in
each automobile. Thus if you are driving a friend’s car and the card is not
available you are breaking the law.
Actually the only time it should be necessary to produce and
insurance card or proof of insurance is if you are involved in an accident.
If for any reason your insurance is terminated the insurance
company that lifted the policy must by law notify the state of the fact that
you are no longer insured. There is no effort made to force you to turn in the card . Therefore uninsured people may still be able to produce a card to
satisfy a nosey traffic cop. In addition the State Motor Vehicle Bureau
computer is able to identify a driver and confirm a license at a moment’s
notice when a police officer radios in the information. Surely the information
about insurance cold also be programmed into the computer.
Perhaps it is. Yet the
Thus whenever you are stopped for a traffic violation in
addition to registration (proof of ownership of the vehicle) and your license
(proof that you are permitted to drive), the police can require you to produce
the insurance card. You answered a question concerning insurance when you
filled out your registration and provided the name of the company and number of
you policy . Despite this you must carry an insurance
card. If you flash your policy instead as proof of insurance you will still be cited
for not having the card.
Thus anyone stopped for a violation is subjected to a double
violation if the card is not available despite the fact that the car is
insured. In the eyes of the law, the card holds primacy over the policy itself.
Failure to have the card invites a ticket for “having no insurance” which is a
flat out presumption of guilt. Once in court and proving that you have
insurance the charge is lowered to “not carrying the card”.
Several problem exist in the
statutory system of law. First it provides an officer with an additional item
in the shopping list of things for which he can cite a driver. Some day a statute
may require that you carry your birth certificate or marriage license, failure
which might produce two more misdemeanors. Then in their absence, you might
have to produce your mother and wife to prove your legitimacy.
It is a Mickey Mouse statute perhaps born of a wisdom not discernable to the average citizen. If you
don’t have the insurance card you are cited for not having insurance but if you
prove you have insurance you are cited for not carrying the card. It seems a
chintzy way for the state to chisel money from its citizens.
But what amazes me is that the citizens accept these burdens
without protest. After all, enough laws can make criminals of us all.
NOTE since the article was written Governor Byrne has signed
a law giving judges discretion to dismiss charges if you did not happen to have
license, registration of insurance card in the automobile but can prove that
you are the licensed driver, registered and insured owner of the vehicle. The
judge still has the option of adhering to the statute.