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United States Code (Last Updated: May 24, 2014) |
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Title 49. TRANSPORTATION |
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SubTitle VI. MOTOR VEHICLE AND DRIVER PROGRAMS |
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Part A. GENERAL |
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Chapter 303. NATIONAL DRIVER REGISTER |
§ 30305. Access to Register information
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(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 participating 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 individual 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 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 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 information under subsection (a) of this section about an individual who is the subject of an accident investigation conducted by the Board or the Administrator. The Chairman and the Administrator may receive the information. (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 section 7101 of title 46, or a merchant mariner’s document under section 7302 of title 46, may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Secretary of the department in which the Coast Guard is operating. The Secretary may receive the information and shall make the information available to the individual for review and written comment before denying, suspending, or revoking the license, certificate, or document of the individual based on the information and before using the information in an action taken under chapter 77 of title 46. The Secretary may not otherwise divulge or use the information, except for purposes of section 7101, 7302, or 7703 of title 46. 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. (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) An individual who has or is seeking access to national security information for purposes of Executive Order No. 12968, or any successor Executive order, or an individual who is being investigated for Federal employment under authority of Executive Order No. 10450, or any successor Executive order, may request the chief driver licensing official of a State to provide information about the individual pursuant to subsection (a) of this section to a Federal department or agency that is authorized to investigate the individual for the purpose of assisting in the determination of the eligibility of the individual for access to national security information or for Federal employment in a position requiring access to national security information. A Federal department or agency that receives information about an individual under the preceding sentence may use such information only for purposes of the authorized investigation and only in accordance with applicable law. (10) A request under this subsection shall be made in the form and way the Secretary of Transportation prescribes by regulation. (11) 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. (12) 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) Relationship to Other Laws.— A request for, or receipt of, information from the Register is subject to sections 552 and 552a of title 5, and other applicable laws of the United States or a State, except that— (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 section 552a(b) of title 5; and (3) receipt of information by a person authorized by this section to receive the information is deemed to be a disclosure under section 552a(c) of title 5, except that the Secretary of Transportation is not required to retain the accounting made under section 552a(c)(1) for more than 7 years after the disclosure. (d) Availability of Information Provided Under Prior Law.— Information provided by a State under the Act of July 14, 1960 (Public Law 86–660, 74 Stat. 526), as restated by section 401 of the National Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), and under this chapter, shall be available under this section during the transition from the register maintained under that Act to the Register maintained under this chapter.
Historical And Revision
Historical and Revision Notes | ||
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Pub. L. 103–272 | ||
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
30305 | 23:401 (note). | Oct. 25, 1982, Pub. L. 97–364, § 206, 96 Stat. 1743; Dec. 30, 1987, Pub. L. 100–223, § 305, 101 Stat. 1525; June 22, 1988, Pub. L. 100–342, § 4(b), 102 Stat. 626; Aug. 18, 1990, Pub. L. 101–380, § 4105(a), 104 Stat. 512. |
In subsection (a)(1), the words “on and after the date of enactment of this title [
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 (Public Law 97–364, 96 Stat. 1744) for clarity and to avoid repeating the provision unnecessarily.
This amends 49:30305(b)(8), as redesignated by section 207(b) of the Coast Guard Authorization Act of 1996 (Public Law 104–324, 110 Stat. 3908), to correct an erroneous cross-reference.
This amends 49:30305(b) to redesignate paragraph (8), as redesignated by section 502(b)(1) of the Federal Aviation Reauthorization Act of 1996 (Public Law 104–264, 110 Stat. 3262), as paragraph (9), because section 207(b) of the Coast Guard Authorization Act of 1996 (Public Law 104–324, 110 Stat. 3908), redesignated paragraph (7) as paragraph (8) but did not redesignate paragraph (8) as paragraph (9).
References In Text
Executive Order No. 12968, referred to in subsec. (b)(9), is set out as a note under section 3161 of Title 50, War and National Defense.
Executive Order No. 10450, referred to in subsec. (b)(9), is set out as a note under section 7311 of Title 5, Government Organization and Employees.
Act of
Amendments
2004—Subsec. (b)(9) to (12). Pub. L. 108–375 added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively.
1998—Subsec. (b)(2). Pub. L. 105–178, § 2006(b)(1)(A), inserted before period at end “, unless the information is about a revocation or suspension still in effect on the date of the request”.
Subsec. (b)(6). Pub. L. 105–178, § 2006(b)(2)(B), added par. (6). Former par. (6) redesignated (10).
Subsec. (b)(8). Pub. L. 105–178, § 2006(b)(1)(C), directed amendment identical to that made by Pub. L. 105–102, § 2(18)(B). See 1997 Amendment note below.
Pub. L. 105–178, § 2006(b)(1)(B)(ii), realigned margins.
Pub. L. 105–178, § 2006(b)(1)(B)(i), directed amendment identical to that made by Pub. L. 105–102, § 2(18)(A). See 1997 Amendment note below.
Subsec. (b)(9). Pub. L. 105–178, § 2006(b)(1)(C), directed amendment identical to that made by Pub. L. 105–102, § 2(18)(B). See 1997 Amendment note below.
Subsec. (b)(10). Pub. L. 105–178, § 2006(b)(2)(A), redesignated par. (6) as (10) and transferred it to appear after par. (9).
Subsec. (b)(11). Pub. L. 105–178, § 2006(b)(2)(C), added par. (11).
1997—Subsec. (b)(8). Pub. L. 105–102, § 2(18)(B), redesignated par. (8), relating to request, as (9).
Pub. L. 105–102, § 2(18)(A), in par. (8), relating to individual seeking employment as pilot, substituted “subsection (a) of this section” for “paragraph (2)”.
Subsec. (b)(9). Pub. L. 105–102, § 2(18)(B), redesignated par. (8), relating to request, as (9).
1996—Subsec. (b)(7). Pub. L. 104–324, § 207(b), added par. (7). Former par. (7), relating to individual seeking employment as pilot, redesignated (8).
Pub. L. 104–264, § 502(b), added par. (7). Former par. (7), relating to request, redesignated (8).
Subsec. (b)(8). Pub. L. 104–324, § 207(b), redesignated par. (7), relating to individual seeking employment as pilot, as (8).
Pub. L. 104–264, § 502(b), redesignated par. (7), relating to request, as (8).
Effective Date Of Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after
Pub. L. 104–264, title V, § 502(d),
Transfer Of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of