New Mexico could soon be the only state in the USA that does not require police to accept electronic proof (e-proof) of auto insurance, from either email or phone app, during a traffic stop.
Currently, individual officers can decide whether to accept e-proof or not with New Mexico State Police being the only one of the large state police agencies to formally instruct officers to accept the proof.
Pro-electronic proof advocates believe that the patchwork of enforcement will only create confusion and inconvenience for both New Mexican and visiting drivers who encounter police officers who would not accept electronic proof, the Albuquerque Journal said.
Alex Hageli, director - personal insurance issues of Property Casualty Insurers of America, who labored to get pro-electronic proof bills passed in every state, mentioned that with the absence of a clear law that permits e-proof, drivers can face a ticket even if they possess insurance.
“In a digital world, there is no reason why you should not be able to show it, electronically,” he said.
Simon Drobik, a police officer in Albuquerque, said that, “The informal policy is: Of course, we accept it. But the policy isn’t in the books yet.” He also admitted that New Mexico’s policy has yet to catch up with the times, and added that, “Most officers would recognize that there is an electronic form of proof of insurance. I’ve seen guys accept it, and I’ve accepted it.”
Deputy Felicia Romero, spokeswoman, Bernalillo County Sheriff’s Office (BCSO), said that deputies have the discretion to accept e-proof, and believed that most officers accept it. Greg Gurule, spokesman, Santa Fe Police, mentioned that “they also operate on an informal policy of accepting e-proof since the law does not prohibit them to do so.”
“It’s common practice that unless a driver is taking an unreasonable time, we will accept it. We won’t wait for the insurance company to email it. It has to be exhibited on demand,” said Romero.
Drobik, meanwhile, instructed drivers to “follow officer direction. Don’t get ahead of the game and start grabbing phones,” if they seek to offer e-proof.
A year ago State Police Chief Pete Kassetas, instructed his officers that “under no circumstances, shall the officer take the device out of immediate site from the driver,” according to the report. It added that officers “should ask the driver, or a passenger, to hold the device for the officer to read the document.” In an event that the document could not be viewed in a desired manner, the officer “may hold the device in the presence of the driver.”
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