49 U.S.C. § 30302 — National Driver Register

Page 813 TITLE 49—TRANSPORTATION § 30302 cept, for official purposes, driver’s licenses and identi- fication cards that do not comply with the require- ments under section 202, aircraft operators and third party reservation entities shall notify passengers about the requirements and enforcement deadlines under this Act [div. B of Pub. L. 109–13, see Short Title of 2005 Amendment note set out under section 1101 of Title 8, Aliens and Nationality].’’ Pub. L. 108–458, title VII, § 7212, Dec. 17, 2004, 118 Stat. 3827, which prohibited acceptance by a Federal agency, for any official purpose, of a driver’s license or personal identification card issued by a State more than 2 years after the promulgation of minimum standards unless the driver’s license or personal identification card con- formed to such minimum standards, and directed the Secretary of Transportation, in consultation with the Secretary of Homeland Security, to establish such standards not later than 18 months after Dec. 17, 2004, was repealed by Pub. L. 109–13, div. B, title II, § 206, May 11, 2005, 119 Stat. 316. EVALUATION AND ASSESSMENT OF ALTERNATIVES Pub. L. 105–178, title II, § 2006(c), June 9, 1998, 112 Stat. 336, provided that: ‘‘(1) EVALUATION.—The Secretary shall evaluate the implementation of chapter 303 of title 49, United States Code, and the programs under sections 31106 and 31309 of such title and identify alternatives to improve the ability of the States to exchange information about un- safe drivers and to identify drivers with multiple li- censes. ‘‘(2) TECHNOLOGY ASSESSMENT.—The Secretary, in conjunction with the American Association of Motor Vehicle Administrators, shall conduct an assessment of available electronic technologies to improve access to and exchange of motor vehicle driving records. The as- sessment may consider alternative unique motor vehi- cle driver identifiers that would facilitate accurate matching of drivers and their records. ‘‘(3) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of this Act [June 9, 1998], the Secretary shall transmit to Congress a report on the results of the evaluation and technology assess- ment, together with any recommendations for appro- priate administrative and legislative actions. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out paragraph (2) $250,000 in the aggregate for fiscal years beginning after September 30, 1998.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 30302. National Driver Register (a) ESTABLISHMENT AND CONTENTS.—The Sec- retary of Transportation shall establish as soon as practicable and maintain a National Driver Register to assist chief driver licensing officials of participating States in exchanging informa- tion about the motor vehicle driving records of individuals. The Register shall contain an index of the information reported to the Secretary under section 30304 of this title. The Register shall enable the Secretary (electronically or, until all States can participate electronically, by United States mail)— (1) to receive information submitted under section 30304 of this title by the chief driver li- censing official of a State of record; (2) to receive a request for information made by the chief driver licensing official of a par- ticipating State under section 30305 of this title; (3) to refer the request to the chief driver li- censing official of a State of record; and (4) in response to the request, to relay infor- mation provided by a chief driver licensing of- ficial of a State of record to the chief driver li- censing official of a participating State, with- out interception of the information. (b) ACCURACY OF INFORMATION.—The Secretary is not responsible for the accuracy of informa- tion relayed to the chief driver licensing official of a participating State. However, the Secretary shall maintain the Register in a way that en- sures against inadvertent alteration of informa- tion during a relay. The Secretary shall make continual improvements to modernize the Reg- ister’s data processing system. (c) TRANSITION FROM PRIOR REGISTER.—(1) The Secretary shall provide by regulation for the or- derly transition from the register maintained under the Act of July 14, 1960 (Public Law 86–660, 74 Stat. 526), as restated by section 401 of the Na- tional Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), to the Reg- ister maintained under this chapter. (2)(A) The Secretary shall delete from the Reg- ister a report or information that was compiled under the Act of July 14, 1960 (Public Law 86–660, 74 Stat. 526), as restated by section 401 of the Na- tional Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), and trans- ferred to the Register, after the earlier of— (i) the date the State of record removes it from the State’s file; (ii) 7 years after the date the report or infor- mation is entered in the Register; or (iii) the date a fully electronic Register sys- tem is established. (B) The report or information shall be disposed of under chapter 33 of title 44. (3) If the chief driver licensing official of a participating State finds that information pro- vided for inclusion in the Register is erroneous or is related to a conviction of a traffic offense that subsequently is reversed, the official imme- diately shall notify the Secretary. The Sec- retary shall provide for the immediate deletion of the information from the Register. (d) ASSIGNMENT OF PERSONNEL.—In carrying out this chapter, the Secretary shall assign per- sonnel necessary to ensure the effective oper- ation of the Register. (e) TRANSFER OF SELECTED FUNCTIONS TO NON- FEDERAL MANAGEMENT.— (1) AGREEMENT.—The Secretary may enter into an agreement with an organization that represents the interests of the States to man- age, administer, and operate the National Driver Register’s computer timeshare and user assistance functions. If the Secretary decides to enter into such an agreement, the Sec- retary shall ensure that the management of these functions is compatible with this chap- ter and the regulations issued to implement this chapter. (2) REQUIRED DEMONSTRATION.—Any transfer of the National Driver Register’s computer timeshare and user assistance functions to an organization that represents the interests of 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.