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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 46.2-208, 46.2-209 and 46.2-210 of the Code of Virginia are amended and reenacted as follows:
§ 46.2-208. Records of Department; when open for inspection; release of privileged information.
A. All registration and title records in the office of the Department
containing the specific classes of information outlined below shall be
public records, but shall be open for inspection only subject to
regulations promulgated by the Commissioner. considered privileged
records:
1. Personal information, including all data defined as "personal information" in § 2.1-379;
2. Driver information, including all data that relates to driver's license status and driver activity; and
3. Vehicle information, including all descriptive vehicle data and title, registration, and vehicle activity data.
B. The Commissioner shall consider all driving records in the Department
as privileged public records and shall release such information only
under the following conditions:
1. Notwithstanding other provisions of this section, medical data included in personal data shall be released only to a physician as provided in § 46.2-322.
2. Insurance data may be released as specified in §§ 46.2-372, 46.2-380, and 46.2-706.
3. Notwithstanding other provisions of this section, information disclosed or furnished shall be assessed a fee as specified in § 46.2-214.
4. On the request of any adult, parent or legal guardian of a
minor, or their authorized agents When the person requesting the
information is (i) the subject of the information, (ii) the parent or
guardian of the subject of the information, (iii) the authorized
representative of the subject of the information, or (iv) the owner of the
vehicle that is the subject of the information, the Commissioner shall
provide that person him with the requested information and
a complete explanation of all information pertaining to himself, his
minor child or ward, or the person for whom he is the agent, except that
medical information, which in the judgment of the Commissioner should only be
disclosed by a physician, shall be referred to any physician designated by
the person making the request it. Requests for such
information need not be made in writing or in person and may be made orally
or by telephone, provided that the Department is satisfied that there is
adequate verification of the requester's identity. When so requested in
writing by (i) the subject of the information, (ii) the parent or guardian of
the subject of the information, (iii) the authorized representative of the
subject of the information, or (iv) the owner of the vehicle that is the
subject of the information, the Commissioner shall verify and, if necessary,
correct the personal information provided and furnish driver and vehicle
information in the form of an abstract of the record.
2. 5. On the written request of any insurance carrier
or, surety, or representative of an insurance carrier or
surety, the Commissioner shall furnish such insurance carrier, surety, or
representative an abstract of the operating record of any person
subject to the provisions of this title. The abstract shall fully
designate include any record of any conviction of the
person of a violation of any provision of any statute or ordinance
relating to the operation or ownership of a motor vehicle or of any injury or
damage in which he was involved and a report of which is required by §
46.2-372. No such report of any conviction or accident shall be made after
sixty months from the date of the conviction or accident unless the
Commissioner or court used the conviction or accident as a reason for the
suspension or revocation of a driver's license or driving privilege, in which
case the revocation or suspension and any conviction or accident pertaining
thereto shall not be reported after sixty months from the date that the
driver's license or driving privilege has been reinstated. This abstract
shall not be admissible in evidence in any court proceedings. The
Commissioner shall charge a reasonable fee for the operating record. Nothing
in this subdivision shall authorize the recipient of an abstract under this
section to make any further disclosure of any information contained therein
except where further disclosure is authorized or required by law.
3. 6. On the written request of any business official who
provides the Commissioner with an individual's driver's license number, the
Commissioner may furnish that person the name and address of the individual
as shown on the Department's records for that driver's license number.
Nothing in this subdivision shall authorize the release of any record of
convictions of motor vehicle law violations organization or its agent,
in the conduct of its business, the Commissioner shall compare personal
information supplied by the business organization or agent with that
contained in the Department's records and, when the information supplied by
the business organization or agent is different from that contained in the
Department's records, provide the business organization or agent with correct
information as contained in the Department's records. Personal information
provided under this subdivision shall be used solely for the purpose of
pursuing remedies which require locating an individual.
7. The Commissioner shall provide vehicle information to any business organization or agent on such business' or agent's written request. Disclosures made under this subdivision shall not include any personal information and shall not be subject to the limitations contained in subdivision 6 of this subsection.
8. On the written request of any motor vehicle rental or leasing company or its designated agent, the Commissioner shall (i) compare personal information supplied by the company or agent with that contained in the Department's records and, when the information supplied by the company or agent is different from that contained in the Department's records, provide the company or agent with correct information as contained in the Department's records and (ii) provide the company or agent with driver information in the form of an abstract of any person subject to the provisions of this title. Such abstract shall include any record of any conviction of a violation of any provision of any statute or ordinance relating to the operation or ownership of a motor vehicle or of any injury or damage in which the subject of the abstract was involved and a report of which is required by § 46.2-372. No such abstract shall include any record of any conviction or accident more than sixty months after the date of such conviction or accident unless the Commissioner or court used the conviction or accident as a reason for the suspension or revocation of a driver's license or driving privilege, in which case the revocation or suspension and any conviction or accident pertaining thereto shall cease to be included in such abstract after sixty months from the date on which the driver's license or driving privilege was reinstated. No abstract released under this subdivision shall be admissible in evidence in any court proceedings.
4. 9. On the request of any federal, state, or local
governmental entity, law-enforcement officer, attorney for the
Commonwealth, or court, the Commissioner shall (i) compare personal
information supplied by the governmental entity, officer, attorney for the
Commonwealth, or court with that contained in the Department's records and,
when the information supplied by the governmental entity, officer, attorney
for the Commonwealth, or court is different from that contained in the
Department's records, provide the governmental entity, officer, attorney for
the Commonwealth, or court with correct information as contained in the
Department's records and (ii) provide driver and vehicle information
in the form of an abstract of the operating record showing all
convictions, accidents, driver's license suspensions or revocations, and
other appropriate information as the requesting authority
governmental entity, officer, attorney for the Commonwealth, or court
may require in order to carry out its official functions.
5. 10. On request of the driver licensing authority in any
other state or foreign country, the Commissioner shall provide whatever
classes of information the requesting authority shall require in
order to carry out its official functions.
6. 11. On the written request of any employer, prospective
employer, or authorized agent of either, and with the written consent of the
individual concerned, the Commissioner shall (i) compare personal
information supplied by the employer, prospective employer, or agent with
that contained in the Department's records and, when the information supplied
by the employer, prospective employer, or agent is different from that
contained in the Department's records, provide the employer, prospective
employer, or agent with correct information as contained in the Department's
records and (ii) provide the employer, prospective employer, or agent
with driver information in the form of an abstract of an individual's
operating record showing all convictions, accidents, driver's
license suspensions or revocations, and any type of driver's
license that the individual currently possesses, provided that the
individual's position or the position that the individual is being considered
for involves the operation of a motor vehicle.
6a. 12. On the written request of any member of or applicant
for membership in a volunteer fire company or volunteer rescue squad, the
Commissioner shall (i) compare personal information supplied by the
volunteer fire company or volunteer rescue squad with that contained in the
Department's records and, when the information supplied by the volunteer fire
company or volunteer rescue squad is different from that contained in the
Department's records, provide the volunteer fire company or volunteer rescue
squad with correct information as contained in the Department's records and
(ii) provide driver information in the form of an abstract of the
member's or applicant's operating record showing all convictions,
accidents, license suspensions or revocations, and any type of driver's
license that the individual currently possesses. Such abstract shall be
provided free of charge if the request is accompanied by appropriate written
evidence that the person is a member of or applicant for membership in a
volunteer fire company or volunteer rescue squad and the abstract is needed
by a volunteer fire company or volunteer rescue squad to establish the
qualifications of the member or applicant to operate equipment owned by the
volunteer fire company or volunteer rescue squad.
6b. 13. On the written request of any person who has applied to
be a volunteer with a Virginia affiliate of Big Brothers/Big Sisters of
America, the Commissioner shall (i) compare personal information supplied
by a Virginia affiliate of Big Brothers/Big Sisters of America with that
contained in the Department's records and, when the information supplied by a
Virginia affiliate of Big Brothers/Big Sisters of America is different from
that contained in the Department's records, provide the Virginia affiliate of
Big Brothers/Big Sisters of America with correct information as contained in
the Department's records and (ii) provide driver information in the
form of an abstract of the applicant's operating record showing
all convictions, accidents, license suspensions or revocations, and any type
of driver's license that the individual currently possesses. Such
abstract shall be provided free of charge if the request is accompanied by
appropriate written evidence that the person has applied to be a volunteer
with a Virginia affiliate of Big Brothers/Big Sisters of America.
7. 14. Whenever the Commissioner issues an order to suspend or
revoke the driver's license or driving privilege of any individual, he may
notify the National Driver Register Service operated by the United States
Department of Transportation and any similar national driver information
system and provide whatever classes of information the authority may
require.
8. 15. Accident reports may be inspected under the provisions
of §§ 46.2-379 and 46.2-380.
9. 16. Whenever the Commissioner takes any licensing action
pursuant to the provisions of the Virginia Commercial Driver's License Act (§
46.2-341.1 et seq.), he may provide information to the Commercial Driver
License Information System, or any similar national commercial driver
information system, regarding such action.
10. 17. Upon the request of any employer, prospective employer,
or authorized representative of either, the Commissioner shall (i)
compare personal information supplied by the employer, prospective employer,
or agent with that contained in the Department's records and, when the
information supplied by the employer, prospective employer, or agent is
different from that contained in the Department's records, provide the
employer, prospective employer, or agent with correct information as
contained in the Department's records and (ii) provide driver
information in the form of an abstract of the driving record of any
individual who has been issued a commercial driver's license, provided that
the individual's position or the position that the individual is being
considered for involves the operation of a commercial motor vehicle. Such
abstract shall show all convictions, accidents, license suspensions,
revocations, or disqualifications, and any type of driver's license
that the individual currently possesses. The Commissioner shall charge a
reasonable fee for the operating record. Nothing in this subdivision shall
authorize the recipient of an abstract under this section to make any further
disclosure of any information contained therein except where such further
disclosure is authorized or required by law.
18. Upon the receipt of a completed application and payment of applicable processing fees, the Commissioner may enter into an agreement with any governmental authority or business to exchange information specified in this section by electronic or other means.
19. In addition to the foregoing provisions of this section, vehicle information may also be inspected under the provisions of §§ 43-33, 43-34, 46.2-633, and 46.2-1200.1 through 46.2-1237.
20. Upon the request of an attorney representing a person in a motor vehicle accident, the Commissioner shall provide vehicle information, including the owner's name and address, to the attorney.
C. The Department may promulgate regulations to govern the means by which
registration personal, vehicle, and driver information is
requested and disseminated.
§ 46.2-209. Release of information in Department records for research purposes.
Notwithstanding the provisions of § 46.2-208, the Commissioner may furnish information for research purposes when the information is furnished in such a manner that individuals cannot be identified by social security or license number or in other cases wherein, in his opinion, highway safety or the general welfare of the public will be promoted by furnishing the information, and the recipient of the information has agreed in writing with the Commissioner or his designee that the information furnished will be used for no purpose other than the purpose for which it was furnished. No such information shall be used for solicitation.
§ 46.2-210. List of registrations and titles.
The Commissioner shall have prepared a list of registrations and titles
which may be offered for sale to the public at a price determined by the
Commissioner. The list may be furnished and furnish it to the
commissioner of the revenue of each county and city without cost. The
Commissioner shall not make such list available to the public, nor shall any
commissioner of the revenue make such list available to any third party.