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§47-790.
§47-790.
The Nonresident Violator Compact, hereinafter called "the compact", is
hereby enacted into law and entered into with all other jurisdictions
legally joining therein in the form substantially as follows:
ARTICLE I. FINDINGS, DECLARATION OF POLICY AND PURPOSE
A. The party jurisdictions find that:
1. In most instances, a motorist who is cited for a traffic violation
in a jurisdiction other than his home jurisdiction:
a. must post collateral or bond to secure appearance for trial at a
later date; or
b. if unable to post collateral or bond, is taken into custody until
the collateral or bond is posted; or
c. is taken directly to court for his trial to be held.
2. In some instances, the motorist's driver's license may be deposited
as collateral to be returned after he has complied with the terms of
the citation.
3. The purpose of the practices described in paragraphs 1 and 2 is to
ensure compliance with the terms of a traffic citation by the motorist
who, if permitted to continue on his way after receiving the traffic
citation, could return to his home jurisdiction and disregard his duty
under the terms of the traffic citation.
4. A motorist receiving a traffic citation in his home jurisdiction is
permitted, except for certain violations, to accept the citation from
the officer at the scene of the violation and to immediately continue
on his way after promising or being instructed to comply with the
terms of the citation.
5. The practice described in paragraph 1 causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable
at the time to post collateral, furnish a bond, stand trial, or pay
the fine, and thus is compelled to remain in custody until some
arrangement can be made.
6. The deposit of a driver's license as a bail bond, as described in
paragraph 2, is viewed with disfavor.
7. The practices described herein consume an undue amount of law
enforcement time.
B. It is the policy of the party jurisdictions to:
1. Seek compliance with the laws, ordinances, and administrative rules
and regulations relating to the operation of motor vehicles in each of
the jurisdictions.
2. Allow motorists to accept a traffic citation for certain violations
and proceed on their way without delay whether or not the motorist is
a resident of the jurisdiction in which the citation was issued.
3. Extend cooperation to its fullest extent among the jurisdictions
for obtaining compliance with the terms of a traffic citation issued
in one jurisdiction to a resident of another jurisdiction.
4. Maximize effective utilization of law enforcement personnel and
assist court systems in the efficient disposition of traffic
violations.
C. The purpose of this compact is to:
1. Provide a means through which the party jurisdictions may
participate in a reciprocal program to effectuate the policies
enumerated, in paragraph B, in a uniform and orderly manner.
2. Provide for the fair and impartial treatment of traffic violators
operating within party jurisdictions in recognition of the motorist's
right of due process and the sovereign status of a party jurisdiction.
ARTICLE II. DEFINITIONS
A. In the Nonresident Violator Compact, the following words have the
meaning indicated, unless the context requires otherwise.
B. 1. "Citation" means any summons, ticket, or other official document
issued by a police officer for a traffic violation containing an order
which requires the motorist to respond.
2. "Collateral" means any cash or other security deposited to secure
an appearance for trial, following the issuance by a police officer of
a citation for a traffic violation.
3. "Court" means a court of law or traffic tribunal.
4. "Driver's license" means any license or privilege to operate a
motor vehicle issued under the laws of the home jurisdiction.
5. "Home jurisdiction" means the jurisdiction that issued the driver's
license of the traffic violator.
6. "Issuing jurisdiction" means the jurisdiction in which the traffic
citation was issued to the motorist.
7. "Jurisdiction" means a state, territory or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
8. "Motorist" means a driver of a motor vehicle operating in a party
jurisdiction other than the home jurisdiction.
9. "Personal recognizance" means an agreement by a motorist made at
the time of issuance of the traffic citation that he will comply with
the terms of that traffic citation.
10. "Police officer" means any individual authorized by the party
jurisdiction to issue a citation for a traffic violation.
11. "Terms of the citation" means those options expressly stated upon
the citation.
ARTICLE III. PROCEDURE FOR ISSUING JURISDICTION
A. When issuing a citation for a traffic violation, a police officer
shall issue the citation to a motorist who possesses a driver's
license issued by a party jurisdiction and shall not, subject to the
exceptions noted in paragraph B of this article, require the motorist
to post collateral to secure appearance, if the officer receives the
motorist's personal recognizance that he or she will comply with the
terms of the citation.
B. Personal recognizance is acceptable only if not prohibited by law.
If mandatory appearance is required, it must take place immediately
following issuance of the citation.
C. Upon failure of a motorist to comply with the terms of a traffic
citation, the appropriate official shall report the failure to comply
to the licensing authority of the jurisdiction in which the traffic
citation was issued. The report shall be made in accordance with
procedures specified by the issuing jurisdiction and shall contain
information as specified in the Compact Manual as minimum requirements
for effective processing by the home jurisdiction.
D. Upon receipt of the report, the licensing authority of the issuing
jurisdiction shall transmit to the licensing authority in the home
jurisdiction of the motorist the information in a form and content as
contained in the Compact Manual.
E. The licensing authority of the issuing jurisdiction may not suspend
the privilege of a motorist for whom a report has been transmitted.
F. The licensing authority of the issuing jurisdiction shall not
transmit a report on any violation if the date of transmission is more
than six months after the date on which the traffic citation was
issued.
G. The licensing authority of the issuing jurisdiction shall not
transmit a report on any violation where the date of issuance of the
citation predates the most recent of the effective dates of entry for
the two jurisdictions affected.
ARTICLE IV. PROCEDURE FOR HOME JURISDICTION
A. Upon receipt of a report of a failure to comply from the licensing
authority of the issuing jurisdiction, the licensing authority of the
home jurisdiction shall notify the motorist and initiate a suspension
action, in accordance with the home jurisdiction's procedures, to
suspend the motorist's driver's license until satisfactory evidence of
compliance with the terms of the traffic citation has been furnished
to the home jurisdiction licensing authority.
B. The licensing authority of the home jurisdiction shall maintain a
record of actions taken and make reports to issuing jurisdictions as
provided in the Compact Manual.
ARTICLE V. APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party
jurisdiction to apply any of its other laws relating to licenses to
drive to any person or circumstance, or to invalidate or prevent any
driver license agreement or other cooperative arrangement between a
party jurisdiction and a nonparty jurisdiction.
ARTICLE VI. COMPACT ADMINISTRATOR PROCEDURES
A. For the purpose of administering the provisions of this compact and
to serve as a governing body for the resolution of all matters
relating to the operation of this compact, a Board of Compact
Administrators is established. The board shall be composed of one
representative from each party jurisdiction to be known as the compact
administrator. The compact administrator shall be appointed by the
jurisdiction executive and will serve and be subject to removal in
accordance with the laws of the jurisdiction he represents. A compact
administrator may provide for the discharge of his duties and the
performance of his functions as a board member by an alternate. An
alternate may not be entitled to serve unless written notification of
his identity has been given to the board.
B. Each member of the Board of Compact Administrators shall be
entitled to one vote. No action of the board shall be binding unless
taken at a meeting at which a majority of the total number of votes on
the board are cast in favor. Action by the board shall be only at a
meeting at which a majority of the party jurisdictions are
represented.
C. The board shall elect annually, from its membership, a chairman and
a vice-chairman.
D. The board shall adopt bylaws, not inconsistent with the provisions
of this compact or the laws of a party jurisdiction, for the conduct
of its business and shall have the power to amend and rescind its
bylaws.
E. The board may accept for any of its purposes and functions under
this compact any and all donations, and grants of money, equipment,
supplies, materials and services, conditional or otherwise, from any
jurisdiction, the United States, or any other governmental agency, and
may receive, utilize and dispose of the same.
F. The board may contract with, or accept services or personnel from,
any governmental or intergovernmental agency, person, firm or
corporation, or any private nonprofit organization or institution.
G. The board shall formulate all necessary procedures and develop
uniform forms and documents for administering the provisions of this
compact. All procedures and forms adopted pursuant to board action
shall be contained in the Compact Manual.
ARTICLE VII. ENTRY INTO COMPACT AND WITHDRAWAL
A. This compact shall become effective when it has been adopted by at
least two jurisdictions.
B. 1. Entry into the compact shall be made by a Resolution of
Ratification executed by the authorized officials of the applying
jurisdiction and submitted to the chairman of the board.
2. The resolution shall be in a form and content as provided in the
Compact Manual and shall include statements that in substance are as
follows:
a. a citation of the authority by which the jurisdiction is empowered
to become a party to this compact.
b. agreement to comply with the terms and provisions of the compact.
c. that compact entry is with all jurisdictions then party to the
compact and with any jurisdiction that legally becomes a party to the
compact.
3. The effective date of entry shall be specified by the applying
jurisdiction, but it shall not be less than sixty (60) days after
notice has been given, by the chairman of the Board of Compact
Administrators or by the secretariat of the board to each party
jurisdiction that the resolution from the applying jurisdiction has
been received.
C. A party jurisdiction may withdraw from this compact by official
written notice to the other party jurisdictions, but a withdrawal
shall not take effect until ninety (90) days after notice of
withdrawal is given. The notice shall be directed to the compact
administrator of each member jurisdiction. No withdrawal shall affect
the validity of this compact as to the remaining party jurisdictions.
ARTICLE VIII. EXCEPTIONS
The provisions of this compact shall not apply to parking or standing
violations, highway weight limit violations, and violations of law
governing the transportation of hazardous materials.
ARTICLE IX. AMENDMENTS TO THE COMPACT
A. This compact may be amended from time to time. Amendments shall be
presented in resolution form to the chairman of the Board of Compact
Administrators and may be initiated by one or more party
jurisdictions.
B. Adoption of an amendment shall require endorsement of all party
jurisdictions and shall become effective thirty (30) days after the
date of the last endorsement.
C. Failure of a party jurisdiction to respond to the compact chairman
within one hundred twenty (120) days after receipt of the proposed
amendment shall constitute endorsement.
ARTICLE X. CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the
purposes stated herein. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of this
compact is declared to be contrary to the constitution of any party
jurisdiction or of the United States or the applicability thereof to
any government, agency, person or circumstance the compact shall not
be affected thereby. If this compact shall be held contrary to the
constitution of any jurisdiction party thereto, the compact shall
remain in full force and effect as to the remaining jurisdictions and
in full force and effect as to the jurisdiction affected as to all
severable matters.
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