Recently, Texas implemented the TexasSure program which allows officers in the field to access a statewide database to immediately determine whether or not a particular vehicle is carrying insurance.

A description of the program is here: State Insurance Description


I've recently had officers calling and/or stopping by to ask whether or not the failure of a vehicle to show as properly insured in TexasSure constitutes a legal basis to pull over the vehicle for further investigation.

In beginning to research this issue, I found a DPS newletter which states that:

quote:

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"It is important to note that DPS does not believe the law allows the database to be used for probable cause in stopping a vehicle. The vehicle would first have to be pulled over for a separate traffic violation.

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DPS Publication with Article on TexasSure

Has anybody else encountered this issue and what have you told your officers?

My immediate concerns were:

1. The time lag between obtaining a valid insurance policy and having it show up on the database; and

2. The fact that a particular vehicle may not be listed in the database does not necessarily mean it is uninsured as the driver's policy may cover the vehicle.

At my agency officers have been instructed to not use the database as the sole reason for a traffic stop, regardless of the result they receive from dispatch.

My experience with it so far leaves me uncomfortable at best with the idea.

I received a document from our County's Communications Captain (of course it's at the office and I'm at home....) which was issued from TLETS itself.

That document also indicates that a "no insurance hit" from the TexasSure database alone is NOT RS/PC for a stop.

We have therefore instructed our Officers appropriately....

After running into a couple of these from one of our agencies, I started making phone calls to Austin until I got hold of someone actually with the TexasSure program, who explained that, as Brent stated, a "no insurance" hit is not considered to be a justifiable basis for a stop, and she said that they had sent notices out to all of the law enforcement agencies warning them about that when they started up. From what she told me, there's just not really any way to know without going through some type of confirmation whether the vehicle really doesn't have insurance on it or the insurance company just hasn't gotten around to reporting it to Austin.

So, I guess the website is wrong, when it says:

The State of Texas has implemented a new technology program that allows law enforcement officers and designated state users to immediately verify whether a person has car insurance. The days of fraudulent or false proof of automobile insurance cards and dropping insurance coverage after receiving a valid insurance card are numbered.

I imagine if for some reason the fact that the vehicle was covered by a current policy at the time of the stop had not yet made into the database, providing a valid proof of insurance card to the stopping officer would be sufficient. No database system is perfect; but it's a start.

Janette A

Here's what LE sees when they use this database:

There are four possible responses to an inquiry submitted to the FRVP database.

1. Confirmed- The "Confirmed" response indicates the vehicle and/or person have been identified in the database and vehicle insurance coverage has been confirmed. The confirmed response will be returned if a match is made and the policy has not expired or if the policy has expired within the last 14 days.

2. Unconfirmed- The "Unconfirmed" response indicates the vehicle was located in the database, however, insurance coverage was not confirmed. The �Additional Detail� field is provided that will identify the reason for the unconfirmed response.

3. Verify Manually - The "Verify Manually" response does not indicate that the individual is uninsured. �Verify Manually� indicates one of the following conditions exist:

o VIN and/or plate are incorrect and cannot be located in the database
o Vehicle's registration has been expired for over 18 months
o Vehicle was recently purchased
o Plates were recently changed

4. Multiple- The "Multiple" response indicates the VIN and/or plate has matched against two or more records within the TXDOT database. This does not necessarily indicate the vehicle is not insured.

If the FRVP system provides a response of "Unconfirmed," "Verify Manually", or "Multiple" it does not necessarily mean that the person and/or vehicle is uninsured. The officer should verify insurance through existing methods before taking any action. Because local policies vary substantially, DPS is not publishing policies for the local agencies with regards to the FRVP system.