49 U.S.C. § 30304 — Reports by chief driver licensing officials

Page 814 TITLE 49—TRANSPORTATION § 30303 the States shall begin only after a determina- tion is made by the Secretary that all States are participating in the National Driver Reg- ister’s ‘‘Problem Driver Pointer System’’ (the system used by the Register to effect the ex- change of motor vehicle driving records) and that the system is functioning properly. (3) TRANSITION PERIOD.—Any agreement en- tered into under this subsection shall include a provision for a transition period sufficient to allow the States to make the budgetary and legislative changes the States may need to pay fees charged by the organization rep- resenting their interests for their use of the National Driver Register’s computer timeshare and user assistance functions. Dur- ing this transition period, the Secretary shall continue to fund these transferred functions. (4) FEES.—The total of the fees charged by the organization representing the interests of the States in any fiscal year for the use of the National Driver Register’s computer timeshare and user assistance functions shall not exceed the total cost to the organization of performing these functions in such fiscal year. (5) LIMITATION ON STATUTORY CONSTRUC- TION.—Nothing in this subsection may be con- strued to diminish, limit, or otherwise affect the authority of the Secretary to carry out this chapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 973; Pub. L. 105–178, title II, § 2006(a), June 9, 1998, 112 Stat. 335; Pub. L. 112–141, div. C, title I, § 31104, July 6, 2012, 126 Stat. 741.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30302 .......... 23:401 (note). Oct. 25, 1982, Pub. L. 97–364, § 203, 96 Stat. 1741. In subsection (a), before clause (1), the words ‘‘after the date of enactment of this title [Oct. 25, 1982]’’ are omitted as obsolete. In subsection (c)(1), the words ‘‘The Secretary shall provide by regulation’’ are substituted for ‘‘The Sec- retary shall, within eighteen months after the date of enactment of this title [Oct. 25, 1982], promulgate a final rule which provides’’ to eliminate executed lan- guage, for consistency in the revised title, and because ‘‘rule’’ and ‘‘regulation’’ are synonymous. The text of section 203(e) of the National Driver Reg- ister Act of 1982 (Public Law 97–364, 96 Stat. 1742) is omitted as unnecessary because of 49:322(a). Editorial Notes REFERENCES IN TEXT Act of July 14, 1960, referred to in subsec. (c)(1), (2)(A), is set out below. AMENDMENTS 2012—Subsec. (b). Pub. L. 112–141 inserted at end ‘‘The Secretary shall make continual improvements to mod- ernize the Register’s data processing system.’’ 1998—Subsec. (e). Pub. L. 105–178 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. REGISTER OF REVOCATIONS OF MOTOR VEHICLE OPERATOR’S LICENSES Pub. L. 86–660, July 14, 1960, 74 Stat. 526, as amended by Pub. L. 87–359, Oct. 4, 1961, 75 Stat. 779; Pub. L. 89–563, title IV, § 401, Sept. 9, 1966, 80 Stat. 730, provided: ‘‘That the Secretary of Commerce shall establish and maintain a register identifying each individual re- ported to him by a State, or political subdivision there- of, as an individual with respect to whom such State or political subdivision has denied, terminated, or tempo- rarily withdrawn (except a withdrawal for less than six months based on a series of nonmoving violations) an individual’s license or privilege to operate a motor ve- hicle. ‘‘SEC. 2. Only at the request of a State, a political subdivision thereof, or a Federal department or agency, shall the Secretary furnish information contained in the register established under the first section of this Act, and such information shall be furnished only to the requesting party and only with respect to an indi- vidual applicant for a motor vehicle operator’s license or permit. ‘‘SEC. 3. As used in this Act, the term ‘State’ includes each of the several States, the Commonwealth of Puer- to Rico, the District of Columbia, Guam, the Virgin Is- lands, the Canal Zone, and American Samoa.’’ § 30303. State participation (a) NOTIFICATION.—A State may become a par- ticipating State under this chapter by notifying the Secretary of Transportation of its intention to be bound by section 30304 of this title. (b) WITHDRAWAL.—A participating State may end its status as a participating State by noti- fying the Secretary of its withdrawal from par- ticipation in the National Driver Register. (c) FORM AND WAY OF NOTIFICATION.—Notifica- tion by a State under this section shall be made in the form and way the Secretary prescribes by regulation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 974.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30303 .......... 23:401 (note). Oct. 25, 1982, Pub. L. 97–364, § 204, 96 Stat. 1742. In subsection (c), the words ‘‘in the form and way’’ are substituted for ‘‘in such form, and according to such procedures’’ to eliminate unnecessary words. § 30304. Reports by chief driver licensing officials (a) INDIVIDUALS COVERED.—As soon as prac- ticable, the chief driver licensing official of each participating State shall submit to the Sec- retary of Transportation a report containing the information specified by subsection (b) of this section for each individual— (1) who is denied a motor vehicle operator’s license by that State for cause; (2) whose motor vehicle operator’s license is revoked, suspended, or canceled by that State for cause; or (3) who is convicted under the laws of that State of any of the following motor vehicle-re- lated offenses or comparable offenses: (A) operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance. Page 815 TITLE 49—TRANSPORTATION § 30305 (B) a traffic violation arising in connec- tion with a fatal traffic accident, reckless driving, or racing on the highways. (C) failing to give aid or provide identifica- tion when involved in an accident resulting in death or personal injury. (D) perjury or knowingly making a false affidavit or statement to officials about ac- tivities governed by a law or regulation on the operation of a motor vehicle. (b) CONTENTS.—(1) Except as provided in para- graph (2) of this subsection, a report under sub- section (a) of this section shall contain— (A) the individual’s legal name, date of birth, sex, and, at the Secretary’s discretion, height, weight, and eye and hair color; (B) the name of the State providing the in- formation; and (C) the social security account number if used by the State for driver record or motor vehicle license purposes, and the motor vehi- cle operator’s license number if different from the social security account number. (2) A report under subsection (a) of this sec- tion about an event that occurs during the 2- year period before the State becomes a partici- pating State is sufficient if the report contains all of the information that is available to the chief driver licensing official when the State be- comes a participating State. (c) TIME FOR FILING.—If a report under sub- section (a) of this section is about an event that occurs— (1) during the 2-year period before the State becomes a participating State, the report shall be submitted not later than 6 months after the State becomes a participating State; or (2) after the State becomes a participating State, the report shall be submitted not later than 31 days after the motor vehicle depart- ment of the State receives any information specified in subsection (b)(1) of this section that is the subject of the report. (d) EVENTS OCCURRING BEFORE PARTICIPA- TION.—This section does not require a State to report information about an event that occurs before the 2-year period before the State be- comes a participating State. (e) DRIVER RECORD INQUIRY.—Before issuing a motor vehicle operator’s license to an individual or renewing such a license, a State shall request from the Secretary information from the Na- tional Driver Register under section 30302 and the commercial driver’s license information sys- tem under section 31309 on the individual’s driv- ing record. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 975; Pub. L. 106–159, title II, § 204, Dec. 9, 1999, 113 Stat. 1762.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30304 .......... 23:401 (note). Oct. 25, 1982, Pub. L. 97–364, § 205, 96 Stat. 1742. In subsection (a), before clause (1), the words ‘‘after the date of enactment of this title [Oct. 25, 1982]’’ are omitted as obsolete. In subsection (b)(1)(A), the words ‘‘(including day, month, and year)’’ are omitted as surplus. In subsection (b)(2), the words ‘‘A report under sub- section (a) of this section’’ are substituted for ‘‘any re- port concerning an occurrence specified in subsection (a)(1), (2), or (3) of this section’’ to eliminate unneces- sary words. In subsection (c), before clause (1), the words ‘‘re- quired to be transmitted by a chief driver licensing of- ficial of a State’’ are omitted as surplus. In clause (1), the words ‘‘specified in subsection (a)(1), (2), or (3) of this section’’ are omitted as surplus. In clause (2), the words ‘‘the motor vehicle department of the State re- ceives any information specified in subsection (b)(1) of this section that is the subject of the report’’ are sub- stituted for ‘‘receipt by a State motor vehicle depart- ment of any information specified in subsection (b)(1), (2), or (3) of this section which is the subject of such re- port’’ because of the restatement. Editorial Notes AMENDMENTS 1999—Subsec. (e). Pub. L. 106–159 added subsec. (e). § 30305. Access to Register information (a) REFERRALS OF INFORMATION REQUESTS.—(1) To carry out duties related to driver licensing, driver improvement, or transportation safety, the chief driver licensing official of a partici- pating State may request the Secretary of Transportation to refer, electronically or by United States mail, a request for information about the motor vehicle driving record of an in- dividual to the chief driver licensing official of a State of record. (2) The Secretary of Transportation shall relay, electronically or by United States mail, information received from the chief driver li- censing official of a State of record in response to a request under paragraph (1) of this sub- section to the chief driver licensing official of the participating State requesting the informa- tion. However, the Secretary may refuse to relay information to the chief driver licensing official of a participating State that does not comply with section 30304 of this title. (b) REQUESTS TO OBTAIN INFORMATION.—(1) The Chairman of the National Transportation Safety Board and the Administrator of the Federal Highway Administration may request the chief driver licensing official of a State to obtain in- formation under subsection (a) of this section about an individual who is the subject of an ac- cident investigation conducted by the Board or the Administrator. The Chairman and the Ad- ministrator may receive the information. (2) An individual who is employed, or is seek- ing employment, as a driver of a motor vehicle may request the chief driver licensing official of the State in which the individual is employed or seeks employment to provide information about the individual under subsection (a) of this sec- tion to the individual’s employer or prospective employer. An employer or prospective employer may receive the information and shall make the information available to the individual. Infor- mation may not be obtained from the National Driver Register under this paragraph if the in- formation was entered in the Register more than 3 years before the request, unless the infor- mation is about a revocation or suspension still in effect on the date of the request. (3) An individual who has received, or is apply- ing for, an airman’s certificate may request the