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Rules and Regulations

Rules and Regulations for Chapter 375-3-8

375-3-8-.03 Access to Driving Record Information. Amended

(1) Words, whenever used in this Chapter, shall have the same meaning as ascribed to them in Chapter 5 of Title 40 of the Official Code of Georgia Annotated unless otherwise defined in the rule of which they are part.

(2) The following words and phrases, whenever used in this Chapter, shall have the meaning as in this section ascribed to them unless where used in the context thereof shall clearly indicate to the contrary or unless otherwise defined in the section of which they are part.

(a) Bulk Requestor: Any user of the Department’s electronic motor vehicle record functionality to obtain driving records on behalf of Bulk Users and other customers, but may not use or retain the records for any purpose except to comply with the Fair Credit Reporting Act, 15 U.S.C. §1681, et seq.

(b) Bulk User: Any user of the Department’s electronic motor vehicle record functionality so designated by the Department. A bulk user may obtain motor vehicle reports directly and is not required to use the services of a bulk requestor.

(c) The terms "abstract", "motor vehicle reports", “record”, “driving record information” and "MVR's" as used by the Department all have the same meaning as "abstracts of the driver's operating record" as used in O.C.G.A. §40-5-2.

(3) Driving record information maintained by the Department pursuant to O.C.G.A. §40-5-2 and personal information contain therein shall not be released to anyone except upon the written permission of the licensee who is the subject of the record or as otherwise permitted by the aforementioned statute, applicable federal law including, but not limited to the Driver’s Privacy Protection Act of 1994, 18 U.S.C. §2721, et seq., or as otherwise provided by law. Notwithstanding the foregoing, the Department may confirm or verify the status of a driver's license or permit to anyone without the written consent of the driver.

(4) Unless submitted electronically or in person, requests for driver’s records must be accompanied by the specified fee, addressed to the Department of Driver Services, Motor Vehicle Records Unit, P.O. Box 804477, Conyers, Georgia 30013.

(5) The written authorization required herein or otherwise by law may be submitted on a form promulgated by the Department. Said written authorization must include the following information about the driver: first name, last name, date of birth, and driver’s license number. The Department shall not release any driving record information unless all of the aforementioned information matches the licensee’s driving record exactly. Said authorization also must specify the person or persons to whom the record or information contained therein may be given, including, but not limited to any third party that is authorized to obtain said information on behalf of the person or entity to whom said consent is given. The burden of proving authorization rests solely upon the person requesting the record.

(6) The authority granted by a licensee for the release of a record shall include a period not to exceed sixty (60) days, unless the authorization granted by the licensee allows for a longer period or upon renewal of the authorization by the licensee.

(7) Upon obtaining a Driver’s Record from the Department, no person shall transfer the record, a copy or the contents thereof, nor use the record of the contents thereof for any purpose not specified in the authorization or permitted by these rules or by law.

(8) Any person purchasing a driving record pertaining to himself or herself or any other person shall review the driving record provided to him or her to verify that it is for the correct licensee and for the period of time requested. Upon completing this review, such person shall acknowledge receipt of the driving record on a form prescribed by the Department.

(9) Any person appearing in person to purchase the driving record of a licensee other than himself or herself, including a person appearing on behalf of a corporation, must show a government issued form of identification bearing his or her photograph.

(10) Information for multiple licensees from whom the person making the request has received written authorization or need not obtain written authorization pursuant to Paragraph (3), supra, may be supplied and/or received in bulk.

(a) Bulk Users and Bulk Requestors may obtain electronic access to driving record information by entering into agreements with the Department and the Georgia Technology Authority. The Commissioner’s signature on such an agreement between the Department and a Bulk Requestor or a Bulk User shall serve as designation as such. Bulk access agreements with the Department shall be renewed every two (2) years.

(b) In lieu of providing the Department with written authorization from the licensee or otherwise demonstrating their exemption from the requirement of obtaining such authorization, Bulk Users and Bulk Requestors shall retain such records as necessary to establish the authorization for release of each licensee’s driving record information and make said records available for the examination of the Department upon reasonable notice. The burden of proving the existence of such authorization or a statutory exemption therefrom shall always be upon the Bulk User and/or Bulk Requestor.

(c) Prior to obtaining driving record information on behalf of a Bulk User or other customer, each Bulk Requestor must execute a written agreement with said Bulk User that requires said Bulk User or other customer to comply with the requirements imposed upon Bulk Requestor in its agreements with the Georgia Technology Authority  and the Department, this Rule and all applicable laws when obtaining and using driving record information, including, but not limited to, an express provision  prohibiting further dissemination of the driving record information obtained pursuant to said agreement.

(d) All applicants for designation as a Bulk Requestor and any applicant for designation as a Bulk User that requests driving record information as part of providing a background investigation for another person or company may be considered a private detective business that must be licensed by the Secretary of State through the Georgia Board of Private Detective and Security Agencies and must produce a valid private detective agency license or verifiable documentation that it is not subject to the requirements of the “Georgia Private Detective and Security Agencies Act.” O.C.G.A. §43-38-1, et seq.

(e) Notwithstanding the language in Paragraph 5, infra, the Department shall release driving record information if the electronic submission exactly matches the licensee’s driver’s license number and any two (2) of the remaining three (3) search criteria as they are found in the licensee’s driving record.

(f) Bulk requests for driving record information are limited to the following purposes:

1. Employment, which may include paid employees, contractors, and volunteers;

2. Credit;

3. Insurance;

4. Limited rating information; and

5. Car rental Customers seeking access to driving records for any other purpose must submit a written request for such records by mail or in person.

(11) In the event that an adverse decision is based upon driving record information obtained from the Department, the party obtaining said information shall inform the named licensee of all information pertinent to the decision upon request, including, but not limited to specific information contained within the driving record and otherwise comply with the requirements of the Fair Credit Reporting Act, 15 U.S.C. §1681, et seq.

(12) Improper, false, fraudulent, or invalid conviction information may be removed from the driving record of a licensee upon receipt of satisfactory proof from the court from which said conviction was submitted or as otherwise approved by the Commissioner. The Commissioner’s determination is this regard shall be deemed final.

Authority: O.C.G.A. ยง40-5-2
Filed Date: 3/18/2011
Effective Date: 4/7/2011