Texas Proof of Insurance – My iPhone
The last time I was pulled over, the Texas state trooper asked me for proof of insurance and I showed him my proof of insurance through my iPhone app. He said it had to be printed and cited me for failure to show proof of financial responsibility. As soon as let me go, I used my USAA app to efax the proof of insurance to the number on the citation and I was done.
I thought there was something in the law that said the proof of insurance had to be printed and shrugged it off as another out-dated law.
In fact, the law does not state that proof of insurance has to be printed. Here’s the law, word-for-word from the Texas department of transportation website as of January 22, 2012:
Texas Transportation Code
§ 601.053. EVIDENCE OF FINANCIAL RESPONSIBILITY. (a) As a condition of operating in this state a motor vehicle to which Section 601.051 applies, the operator of the vehicle on request shall provide to a peace officer, as defined by Article 2.12, Code of Criminal Procedure, or a person involved in an accident with the operator evidence of financial responsibility by exhibiting:
(1) a motor vehicle liability insurance policy covering the vehicle that satisfies Subchapter D or a photocopy of the policy;
(2) a standard proof of motor vehicle liability insurance form prescribed by the Texas Department of Insurance under Section 601.081 and issued by a liability insurer for the motor vehicle;
(3) an insurance binder that confirms the operator is in compliance with this chapter;
(4) a surety bond certificate issued under Section 601.121;
(5) a certificate of a deposit with the comptroller covering the vehicle issued under Section 601.122;
(6) a copy of a certificate of a deposit with the appropriate county judge covering the vehicle issued under Section 601.123; or
(7) a certificate of self-insurance covering the vehicle issued under Section 601.124 or a photocopy of the certificate.
(b) An operator who does not exhibit evidence of financial responsibility under Subsection (a) is presumed to have operated the vehicle in violation of Section 601.051.Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1423, § 18.06, eff. Sept. 1, 1997.
§ 601.081. STANDARD PROOF OF MOTOR VEHICLE LIABILITY
INSURANCE FORM. A standard proof of motor vehicle liability insurance form prescribed by the Texas Department of Insurance must include:
(1) the name of the insurer;
(2) the insurance policy number;
(3) the policy period;
(4) the name and address of each insured;
(5) the policy limits or a statement that the coverage of the policy complies with the minimum amounts of motor vehicle liability insurance required by this chapter; and
(6) the make and model of each covered vehicle.Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Nowhere does it state that the proof of insurance form must be printed on paper.
So, I’ve printed the law. Next time, I get pulled over (I’m a bit of a lead foot) I’ll show the trooper the law and my iPhone. Best case scenario, I score a victory for the iPhone, Texas mobile enabled drivers and trees everywhere! Yayy, I’m a hero! OR Worst case scenario, I use the app to efax to the number on the citation before the trooper is has time to walk back to his car. Either way is easier than remember to print the darn thing each time it expires.
I win.
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Feb 1, 2012 edit:
My genius (seriously) brother just texted me after reading this blog entry. So, it appears that if you show a police officer your phone, even just an insurance company app the courts are now holding that you are volutarily giving up your right to privacy on that entire device. If you are like me and instantly react with, “That’s ok. I don’t really have anything to hide from my friendly police officer,” think again! Did you send a text while driving? Did you break any of hundreds of other laws you might not know about? It appears that handing a police officer your phone with a request to look at it gives him the right to search it without a warrant which could open a can of worms nobody in their right mind wants to be around.
Arstechnica has a great article regarding cell phone searches without a warrant which I highly recommend you read. After reading it, I set my phone to delete all data after the default number of incorrect passcode attempts.
Fair warning. The tech solution is not always the right solution.
I’m all for not making things easy for dick law enforcement officers. But what happens if you don’t have cell service, or the battery dies on your phone or some other reason you can’t pull it up? While paper does seem old-fashioned, it does have many advantages over digital…
Battery won’t die because phone is plugged in to car charger… The document was saved on my phone and I leave home without my wallet more than my cell phone…
Each of the cases and the commentary cite searches of persons under arrest, not stopped for a traffic infraction and most certainly not for handing over your phone for proof of insurance (I keep mine in a Kindle app no cell service needed). If you have a separate password for your email and/or texts – don’t know if you can- you’d be fine.