28-1871 - Definitions

In this article, unless the context otherwise requires:

1.  "Jurisdiction executive" means the governor of this state.
2.  "Licensing authority" means the department.

28-1872 - Adoption of compact

Adoption of compact

The nonresident violator compact is adopted and enacted into law as
follows:

Nonresident Violator Compact

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 
     either:

     (i)  Must post collateral or bond to secure appearance for trial at a
          later date.
    (ii)  If unable to post collateral or bond, is taken into custody until
          the collateral or bond is posted.
   (iii)  Is taken directly to court for the trial to be held.

     (2)  In some instances, the motorist's driver 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) above 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) above 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 license as a bail bond, as directed in 
          paragraph (2) above, 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) above 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)  "Compliance" means the act of answering a citation, summons or 
          subpoena through appearance at court or a tribunal or payment 
          of fines and costs.

     (4)  "Court" means a court of law or traffic tribunal.

     (5)  "Driver license" means any license or privilege to operate a 
          motor vehicle issued under the laws of the home jurisdiction.

     (6)  "Home jurisdiction" means the jurisdiction that issued the 
          driver license of the traffic violator.

     (7)  "Issuing jurisdiction" means the jurisdiction in which the 
          traffic citation was issued to the motorist.

     (8)  "Jurisdiction" means a state, territory or possession of the 
          United States, the District of Columbia, Commonwealth of 
          Puerto Rico, provinces of Canada or other countries.

     (9)  "Motorist" means driver of a motor vehicle operating in a party 
          jurisdiction other than the home jurisdiction.

     (10)  "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.

     (11)  "Police officer" means any individual authorized by the party 
          jurisdiction to issue a citation for a traffic violation.

     (12)  "Terms of the citation" means those options expressly 
          stated on 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 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 should take place immediately
following issuance of the citation.

(c)  On 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)  On 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 need 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)  On 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 license until satisfactory evidence of compliance with the terms of
the traffic citation has been furnished to the home jurisdiction licensing
authority.  Due process safeguards will be accorded.

(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 license to drive to
any person or circumstance, or to invalidate or prevent any driver license
agreement or other cooperative arrangements 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 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:

        (i)  A citation of the authority by which the jurisdiction is 
             empowered to become a party to this compact.
       (ii)  Agreement to comply with the terms and provisions of the 
             compact.
      (iii)  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 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 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 days after the date of the
last endorsement.

(c)  Failure of a party jurisdiction to respond to the compact chairman
within one hundred twenty days after receipt of the proposed amendments 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 construction 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.

Article XI - Title

This compact shall be known as the nonresident violator compact of
1977.

28-1873 - Documents; duties

The licensing authority shall execute all documents and perform all
acts necessary to enter into and to carry out the nonresident violator
compact adopted by this article.

28-1874 - Compensation and expenses of administrator

The compact administrator of this state is not entitled to any
additional compensation for the administrator's service but is eligible for
reimbursement for expenses incurred with the compact administrator's
responsibilities as administrator in the same manner as expenses incurred in
connection with other responsibilities of the compact administrator's office
or employment.


Return to My Homepage



Send comments to Brad
Last Updated : Feb 25, 1997