CHAPTER 303 —NATIONAL DRIVER REGISTER
Chapter Referred to in Other Sections
This chapter is referred to in
§30301. Definitions
In this chapter—
(1) "alcohol" has the same meaning given that term in regulations prescribed by the Secretary of Transportation.
(2) "chief driver licensing official" means the official in a State who is authorized to—
(A) maintain a record about a motor vehicle operator's license issued by the State; and
(B) issue, deny, revoke, suspend, or cancel a motor vehicle operator's license issued by the State.
(3) "controlled substance" has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (
(4) "motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle operated only on a rail line.
(5) "motor vehicle operator's license" means a license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways.
(6) "participating State" means a State that has notified the Secretary under
(7) "State" means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
(8) "State of record" means a State that has given the Secretary a report under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30301 | 23:401 (note). | Oct. 25, 1982, |
In clauses (4) and (5), the words "public streets, roads, or highways" are substituted for "highway" and " 'highway' means any road or street" for consistency in the revised title.
In clause (4), the words "rail line" are substituted for "rail or rails" for consistency in the revised title.
The definitions of "Secretary", "Register", and "Register system" are omitted as surplus because the complete name of the Secretary of Transportation and the National Driver Register are used the first time the terms appear in a section.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Evaluation and Assessment of Alternatives
"(1)
"(2)
"(3)
"(4)
§30302. National Driver Register
(a)
(1) to receive information submitted under
(2) to receive a request for information made by the chief driver licensing official of a participating State under
(3) to refer the request to the chief driver licensing official of a State of record; and
(4) in response to the request, to relay information provided by a chief driver licensing official of a State of record to the chief driver licensing official of a participating State, without interception of the information.
(b)
(c)
(2)(A) The Secretary shall delete from the Register a report or information that was compiled under the Act of July 14, 1960 (
(i) the date the State of record removes it from the State's file;
(ii) 7 years after the date the report or information is entered in the Register; or
(iii) the date a fully electronic Register system is established.
(B) The report or information shall be disposed of under
(3) If the chief driver licensing official of a participating State finds that information provided for inclusion in the Register is erroneous or is related to a conviction of a traffic offense that subsequently is reversed, the official immediately shall notify the Secretary. The Secretary shall provide for the immediate deletion of the information from the Register.
(d)
(e)
(1)
(2)
(3)
(4)
(5)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30302 | 23:401 (note). | Oct. 25, 1982, |
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 Secretary shall, within eighteen months after the date of enactment of this title [Oct. 25, 1982], promulgate a final rule which provides" to eliminate executed language, for consistency in the revised title, and because "rule" and "regulation" are synonymous.
The text of section 203(e) of the National Driver Register Act of 1982 (
References in Text
Act of July 14, 1960, referred to in subsec. (c)(1), (2)(A), is set out below.
Amendments
1998—Subsec. (e).
Register of Revocations of Motor Vehicle Operator's Licenses
"
"
Section Referred to in Other Sections
This section is referred to in
§30303. State participation
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30303 | 23:401 (note). | Oct. 25, 1982, |
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.
Section Referred to in Other Sections
This section is referred to in
§30304. Reports by chief driver licensing officials
(a)
(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-related offenses or comparable offenses:
(A) operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance.
(B) a traffic violation arising in connection with a fatal traffic accident, reckless driving, or racing on the highways.
(C) failing to give aid or provide identification when involved in an accident resulting in death or personal injury.
(D) perjury or knowingly making a false affidavit or statement to officials about activities governed by a law or regulation on the operation of a motor vehicle.
(b)
(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 information; and
(C) the social security account number if used by the State for driver record or motor vehicle license purposes, and the motor vehicle operator's license number if different from the social security account number.
(2) A report under subsection (a) of this section about an event that occurs during the 2-year period before the State becomes a participating State is sufficient if the report contains all of the information that is available to the chief driver licensing official when the State becomes a participating State.
(c)
(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 department of the State receives any information specified in subsection (b)(1) of this section that is the subject of the report.
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30304 | 23:401 (note). | Oct. 25, 1982, |
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 subsection (a) of this section" are substituted for "any report concerning an occurrence specified in subsection (a)(1), (2), or (3) of this section" to eliminate unnecessary words.
In subsection (c), before clause (1), the words "required to be transmitted by a chief driver licensing official 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 receives any information specified in subsection (b)(1) of this section that is the subject of the report" are substituted for "receipt by a State motor vehicle department of any information specified in subsection (b)(1), (2), or (3) of this section which is the subject of such report" because of the restatement.
Amendments
1999—Subsec. (e).
Section Referred to in Other Sections
This section is referred to in
§30305. Access to Register information
(a)
(2) The Secretary of Transportation shall relay, electronically or by United States mail, information received from the chief driver licensing official of a State of record in response to a request under paragraph (1) of this subsection to the chief driver licensing official of the participating State requesting the information. However, the Secretary may refuse to relay information to the chief driver licensing official of a participating State that does not comply with
(b)
(2) An individual who is employed, or is seeking 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 section 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. Information may not be obtained from the National Driver Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.
(3) An individual who has received, or is applying for, an airman's certificate may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Administrator of the Federal Aviation Administration. The Administrator may receive the information and shall make the information available to the individual for review and written comment. The Administrator may use the information to verify information required to be reported to the Administrator by an airman applying for an airman medical certificate and to evaluate whether the airman meets the minimum standards prescribed by the Administrator to be issued an airman medical certificate. The Administrator may not otherwise divulge or use the information. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.
(4) An individual who is employed, or is seeking employment, by a rail carrier as an operator of a locomotive may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the individual's employer or prospective employer or to the Secretary of Transportation. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.
(5) An individual who holds, or is applying for, a license or certificate of registry under
(6) The head of a Federal department or agency that issues motor vehicle operator's licenses may request the chief driver licensing official of a State to obtain information under subsection (a) of this section about an individual applicant for a motor vehicle operator's license from such department or agency. The department or agency may receive the information, provided it transmits to the Secretary a report regarding any individual who is denied a motor vehicle operator's license by that department or agency for cause; whose motor vehicle operator's license is revoked, suspended, or canceled by that department or agency for cause; or about whom the department or agency has been notified of a conviction of any of the motor vehicle-related offenses or comparable offenses listed in section 30304(a)(3) and over whom the department or agency has licensing authority. The report shall contain the information specified in section 30304(b).
(7) An individual who is an officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment of any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Commandant of the Coast Guard. The Commandant may receive the information and shall make the information available to the individual. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.
(8) An individual who is seeking employment by an air carrier as a pilot may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the prospective employer of the individual or to the Secretary of Transportation. Information may not be obtained from the National Driver Register under this subsection if the information was entered in the Register more than 5 years before the request unless the information is about a revocation or suspension still in effect on the date of the request.
(9) A request under this subsection shall be made in the form and way the Secretary of Transportation prescribes by regulation.
(10) An individual may request the chief driver licensing official of a State to obtain information about the individual under subsection (a) of this section—
(A) to learn whether information about the individual is being provided;
(B) to verify the accuracy of the information; or
(C) to obtain a certified copy of the information.
(11) The head of a Federal department or agency authorized to receive information regarding an individual from the Register under this section may request and receive such information from the Secretary.
(c)
(1) the Secretary of Transportation may not relay or otherwise provide information specified in section 30304(b)(1)(A) or (C) of this title to a person not authorized by this section to receive the information;
(2) a request for, or receipt of, information by a chief driver licensing official, or by a person authorized by subsection (b) of this section to request and receive the information, is deemed to be a routine use under
(3) receipt of information by a person authorized by this section to receive the information is deemed to be a disclosure under
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30305 | 23:401 (note). | Oct. 25, 1982, |
In subsection (a)(1), the words "on and after the date of enactment of this title [Oct. 25, 1982]" are omitted as obsolete.
In subsection (b)(1), the word "Administrator" is substituted for "Bureau of Motor Carrier Safety" for consistency.
Subsection (d) is substituted for the last 2 sentences (added twice by mistake) in paragraphs (1) and (2) and for the last sentence in paragraphs (3), (4), and (7)(C) of section 206(b) of the National Driver Register Act of 1982 (
Pub. L. 105–102, §2(18)(A)
This amends 49:30305(b)(8), as redesignated by section 207(b) of the Coast Guard Authorization Act of 1996 (
Pub. L. 105–102, §2(18)(B)
This amends 49:30305(b) to redesignate paragraph (8), as redesignated by section 502(b)(1) of the Federal Aviation Reauthorization Act of 1996 (
References in Text
Act of July 14, 1960, referred to in subsec. (d), is set out as a note under
Amendments
1998—Subsec. (b)(2).
Subsec. (b)(6).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10).
Subsec. (b)(11).
1997—Subsec. (b)(8).
Subsec. (b)(9).
1996—Subsec. (b)(7).
Subsec. (b)(8).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by
Section 502(d) of
Section Referred to in Other Sections
This section is referred to in
§30306. National Driver Register Advisory Committee
(a)
(b)
(1) the efficiency of the maintenance and operation of the National Driver Register; and
(2) the effectiveness of the Register in assisting States in exchanging information about motor vehicle driving records.
(c)
(1) 3 members appointed from among individuals who are specially qualified to serve on the Committee because of their education, training, or experience, and who are not officers or employees of the United States Government or a State.
(2) 3 members appointed from among groups outside the Government that represent the interests of bus and trucking organizations, enforcement officials, labor, or safety organizations.
(3) 9 members, geographically representative of the participating States, appointed from among individuals who are chief driver licensing officials of participating States.
(d)
(2) A vacancy on the Committee shall be filled in the same way as an original appointment. A member appointed to fill a vacancy serves for the remainder of the term of that member's predecessor. After a member's term ends, the member may continue to serve until a successor takes office.
(e)
(f)
(2) The Committee shall elect a Chairman and a Vice Chairman from among its members.
(3) Eight members are a quorum.
(4) The Committee shall meet at the call of the Chairman or a majority of the members.
(g)
(h)
(i)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30306 | 23:401 (note). | Oct. 25, 1982, |
In subsection (a), the word "hereby" is omitted as surplus.
In subsection (c), the text of section 209(c)(2) of the National Driver Register Act of 1982 (
In subsection (g), the words "The Secretary may provide the Committee" are substituted for "The Advisory Committee may receive from the Secretary" for clarity.
In subsection (h), the cross-reference is used to avoid repeating the same language twice in this section.
References in Text
Sections 10 and 14 of the Federal Advisory Committee Act, referred to in subsec. (i), are sections 10 and 14 of
§30307. Criminal penalties
(a)
(1) the person receives under
(2) disclosure of the information is not authorized by
(3) the person willfully discloses the information knowing that disclosure is not authorized.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30307 | 23:401 (note). | Oct. 25, 1982, |
In this section, the words "fined under title 18" are substituted for "fined not more than $10,000" for consistency with title 18.
In subsection (a), before clause (1), the reference to "
References in Text
1 See References in Text note below.
§30308. Authorization of appropriations
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30308 | 23:401 (note). | Oct. 25, 1982, |
In subsection (a), the text of section 211(a) of the National Driver Register Act of 1982 (
Pub. L. 103–429
This amends 49:30308(b) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (
Pub. L. 104–287
This amends 49:30308 to correct a grammatical error.
Amendments
1997—Subsec. (a).
1996—Subsec. (a).
1995—Subsec. (a).
1994—Subsec. (a).
Subsec. (b).
Effective Date of 1994 Amendment
Amendment by