Subject 375-3-8 ACCESS FOR MOTOR VEHICLE RECORDS
Rule 375-3-8-.01 Access to Driver History Record Information for Law Enforcement Agencies and Fire Departments for Employment Purposes
A law enforcement agency or fire department operated by the State of Georgia or any political subdivision thereof may apply for and obtain access to driver history record information regarding any employee of the agency or applicant for employment with the agency. Access shall be obtained by submitting a request to, and subject to approval by, the Department of Driver Services and in accordance with a contract with the Georgia Technology Authority for such access. No fee shall be charged to the agency or department if the record is accessed electronically.
Rule 375-3-8-.02 Access to Driver History Record Information for State Agencies, Municipalities, Counties, and Public Boards of Education for Employment Purposes
A state agency, municipal government, county government, or school board of a municipality or county may apply for and obtain access to driver history record information regarding any employee or applicant for employment who has given written consent for such access. Access shall be obtained by submitting a request to, and subject to approval by, the Department of Driver Services and in accordance with a contract with the Georgia Technology Authority for such access. No fee shall be charged to the agency or department if the record is accessed electronically.
|(1)||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.|
|(2)||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.|
|(3)||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.|
|(4)||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.|
|(5)||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.|
|(6)||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.|
|(7)||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.|
|(8)||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.|
|(9)||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 in this regard shall be deemed final.|
|(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.|
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.
Users or Requestors must pay required fees and complete an application packet.
|(4)|| The following requirements must be met to
obtain and maintain certification as a Bulk MVR Users/Requestors:
Bulk Users/Requestors Entities must submit to inspection and audit by the
|(6)||The Department shall have the authority to suspend or revoke the certification of any Bulk Users/Requestors for noncompliance with the Rules and Regulations of the Department.|
|(7)||Any Bulk Entity or person whose certification is suspended or revoked by the Department shall have its access terminated immediately.|