(a) If a person files a response under AS 28.22.041, the notice of suspension will be ended if, based on the information provided by the respondent or other information available, the department determines that
- (1) insurance was in effect at the time of the crash to cover the vehicle being driven by the respondent;
- (2) the respondent was not the actual operator of the vehicle involved;
- (3) the vehicle was exempt from the insurance requirement under AS 28.22.011;
- (4) the crash did not occur on a highway, vehicular way or area, or other public property in the state; or
- (5) the suspension results from a crash, but there was no bodily injury to or death of a person, and damage to the property of a person did not exceed $501.
- (b) The department may base the decision regarding the suspension action on the items listed in (a)(1) - (5) of this section. The department's decision will not be based on fault or claim settlements.
(Eff. 7/1/2006, Register 178)
Authority: AS 28.05.011, AS 28.22.041