All Michigan drivers should know they have to have insurance on their vehicles in order to operate them on the roadways. Most do not understand the legal terminology for this offense as provided by Michigan Vehicle Code is “Operating without Security.” The question posed to me was, “Are drivers required to carry a paper proof of insurance while operating on the roadway since the changes in the law now allow an operator to show officers an electronic copy?”

MCL (Michigan Compiled Laws) 257.328 discusses Producing evidence of motor vehicle insurance upon request of police officer. Under this statute, section (2) states, “A certificate of insurance, in paper or electronic form and issued by an insurance company … is prima facie evidence that insurance is in force for the motor vehicle described in the certificate of insurance until the expiration date shown on the certificate. The certificate, in addition to describing the motor vehicles for which insurance is in effect, must, if applicable, state the name of each person named on the policy …”

As stated above 257.328 allows the owner or operator of a motor vehicle to display an electronic copy of the certificate of insurance for that motor vehicle using an electronic device when requested to produce evidence of insurance by a police officer. Under section (1) it states, “A police officer may require the person to electronically forward the electronic copy of the certificate of insurance to a specified location provided by the officer. This is so the officer may view it in a setting which is safer in order to verify the information contained in the certificate of insurance is valid and accurate.

While the officer is viewing the certificate of insurance, under section (1), it states, “… a law enforcement agency, or an employee of this state or a law enforcement agency is not liable for damage to or loss of an electronic device that occurs as a result of a police officer’s viewing an electronic copy of a certificate of insurance in the manner provided in this section, regardless of whether the police officer or the owner or operator of the vehicle was in possession of the electronic device at the time the damage or loss occurred.”

If someone operating a vehicle is unable to provide a proof of insurance, they can be cited with a civil infraction. Under section (6), should “An owner or operator of a motor vehicle who knowingly produce false evidence” of insurance the driver could be found “guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.”

If the driver is operating a vehicle on a Michigan roadway without valid insurance under MCL 500.3102, the driver is guilty of “a misdemeanor under this section and shall be fined not less than $200.00 nor more than $500.00, imprisoned for not more than 1 year, or both.”

Overall, yes you are able to provide an electronic copy of your proof of insurance. However, keep in mind what happens if you are in an area with poor internet service and are unable to pull the proof up. Or what if you accidentally deleted the email in which the proof was received. Lastly, as stated above, the officer or department is not responsible for any damage to your phone should it be accidentally dropped. Having a paper copy of the policy would be much easier for the above reasons.

Ashley Simpson is a Community Service Trooper for the MSP Alpena Post. If you have a question for Trooper Simpson, you can email her at asktroopersimpson@gmail.com or mail them to Ask A Trooper, Michigan State Police – Alpena Post, 3283 W. Washington Ave, Alpena, MI 49707.