Page:United States Statutes at Large Volume 72 Part 1.djvu/996

 954

PUBLIC LAW 85-792-AUG. 28, 1968

[T2ST AT.

finds that any such owner having created and maintained a sinking fund is not possessed or probably will not continue to be possessed of financial ability to pay judgments obtained against such owner the Commission shall require that such owner file with the Commission a bond or policy of insurance as described in this Act in lieu of such sinking fund and shall thereafter return to the owner the amount of such sinking fund when the Commission is satisfied that the maintenance thereof is not needed to assure the payment of any claim or judgment then outstanding against such owner. Failure to pay any judgment within thirty days after such judgment shall have become final shall constitute a reasonable ground for a finding by the Commission that the owner is not possessed of financial ability to pay judgments. " (b) If any owner elects to comply with paragraph (1) or (2) of subsection (a) of this section, he shall first file with the Commission an admission of liability, in conformity with the principle of respondeat superior, for the tortious acts of the driv&r or drivers of such vehicle or vehicles displaying the trade name or identifying design of the company or owner. "(c) Any cash or collateral deposit and/or any sinking fund provided for in this Act shall be exempt from attachment or levy for any obligation or liability of the depositor except as provided in this Act. '•Owner* "SEC. 6. Within the meaning of this Act, the word 'owner' shall include any corporation, company, association, joint-stock company or association, partnership or person, and the lessees, trustees, or receivers appomted by any court whatsoever, permitting his, their, or its trade name and/or identifying design to be displayed upon vehicles governed by this Act. Violation of Act. "SEC. 7. Each violation of this Act or of the regulations lawfully promulgated thereunder shall be deemed a misdemeanor and upon conviction shall be punishable by a fine of not more than $300 or by imprisonment for not more than ninety days, and/or cancellation of license." Review by ComSEC. 3. Section 4 of the Motor Vehicle Safety Kesponsibility Act missioners. of the District of Columbia, approved May 25, 1954 (68 Stat. 122; sec. 40^20, D. C. Code, 1951 edition), is amended by striking the second sentence of said section and inserting in lieu thereof the following: "Application for review of any such order or act shall be in writing and shall set out in detail the reasons for such review. Such application shall be filed with the Commissioners within five days after the issuance of the order or occurrence of the Act in question." Service of procSEC. 4. (a) Section 7 of such Act approved May 25, 1954 (D. C. Code, e s s on n o n r e s i sec. 40-423) is amended by inserting " (a) " immediately after "NONdent. RESIDENT.—" and by inserting immediately before the colon at the end of the first proviso the following: ", except that nothing contained in this proviso shall be construed to require the United States or the District of Columbia to file the undertaking hereby required". (b) The last paragraph of section 7 of such Act approved May 25, 1954 (D. C. Code, sec. 40-423) is amended to read as follows: "(b) For the purposes of this section— "(1) The term 'operation' as used in connection with a motor vehicle includes any use as well as any operation of such vehicle. "(2) The term 'nonresident' shall include any person who is not a resident of the District of Columbia and who was the owner or operator of a motor vehicle at the time such vehicle was involved in an accident or collision in the District of Columbia, and includes any such person who was a resident of the District of Columbia at the time such motor vehicle was involved in such accident or collision but who subsequently became a nonresident

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