1. (a) A suspension order will be issued unless the accident reports and evidence show financial responsibility on the part of the operator of the motor vehicle or the operator comes within the exceptions provided by the Act. An order of suspension has an effective date 21 days from the date of mailing.
2. (b) A reasonable probability of a judgment means it is obvious that a case can be made for a judgment against a person involved in the accident, based on the existing evidence in a motor vehicle accident.
3. (c) The department will not issue a suspension order in accident cases where the party in whose behalf security is deposited is over 51% at fault; suspension action is taken only in obvious cases.
4. (d) Action will be taken against the owner of a motor vehicle only when the evidence raises a probability of a judgment for negligence.
5. (e) When a motor vehicle involved in an accident is uninsured, no action will be taken on behalf of passengers against the operator of the vehicle in which the passengers were riding unless acceptable documentary evidence is received by the department.

6. (f) The security deposit required under the Act shall be a deposit:

   1. (1) in cash; or
   2. (2) by certified or cashier's check or money order payable to the Texas Department of Public Safety; or
   3. (3) by a surety bond written by an insurance company duly authorized to execute surety bonds in this state.
7. (g) A joint deposit of security may be made when the owner and operator are separate persons and each one is required to deposit security. The owner or operator making the deposit shall stipulate in writing that such deposit is on behalf of both persons required to deposit the security. The receipt of such joint deposit, stipulation, and deposit will be an acceptable showing of financial responsibility for both the operator and the owner. Only the person making the deposit will have shown financial responsibility when no joint deposit or stipulation is on file. The same rules apply when a surety bonding company stipulates coverage for both owner and operator.
8. (h) Each depositor of security and each person for whom security is deposited is required to sign application form SR-14 or SR-14A to obtain a return of such security.

Source Note:The provisions of this §25.3 adopted to be effective January 1, 1976.