
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC30302]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                  CHAPTER 303--NATIONAL DRIVER REGISTER
 
Sec. 30302. National Driver Register

    (a) Establishment and Contents.--The Secretary of Transportation 
shall establish as soon as practicable and maintain a National Driver 
Register to assist chief driver licensing officials of participating 
States in exchanging information about the motor vehicle driving records 
of individuals. The Register shall contain an index of the information 
reported to the Secretary under section 30304 of this title. The 
Register shall enable the Secretary (electronically or, until all States 
can participate electronically, by United States mail)--
        (1) to receive information submitted under section 30304 of this 
    title by the chief driver licensing official of a State of record;
        (2) to receive a request for information made by the chief 
    driver licensing official of a participating State under section 
    30305 of this title;
        (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) Accuracy of Information.--The Secretary is not responsible for 
the accuracy of information relayed to the chief driver licensing 
official of a participating State. However, the Secretary shall maintain 
the Register in a way that ensures against inadvertent alteration of 
information during a relay.
    (c) Transition From Prior Register.--(1) The Secretary shall provide 
by regulation for the orderly transition from the register maintained 
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), to the Register 
maintained under this chapter.
    (2)(A) The Secretary shall delete from the Register a report or 
information that was compiled 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 transferred to the Register, after the earlier of--
        (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 chapter 33 
of title 44.
    (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) Assignment of Personnel.--In carrying out this chapter, the 
Secretary shall assign personnel necessary to ensure the effective 
operation of the Register.
    (e) Transfer of Selected Functions to Non-Federal Management.--
        (1) Agreement.--The Secretary may enter into an agreement with 
    an organization that represents the interests of the States to 
    manage, administer, and operate the National Driver Register's 
    computer timeshare and user assistance functions. If the Secretary 
    decides to enter into such an agreement, the Secretary shall ensure 
    that the management of these functions is compatible with this 
    chapter and the regulations issued to implement this chapter.
        (2) Required demonstration.--Any transfer of the National Driver 
    Register's computer timeshare and user assistance functions to an 
    organization that represents the interests of the States shall begin 
    only after a determination is made by the Secretary that all States 
    are participating in the National Driver Register's ``Problem Driver 
    Pointer System'' (the system used by the Register to effect the 
    exchange of motor vehicle driving records) and that the system is 
    functioning properly.
        (3) Transition period.--Any agreement entered into under this 
    subsection shall include a provision for a transition period 
    sufficient to allow the States to make the budgetary and legislative 
    changes the States may need to pay fees charged by the organization 
    representing their interests for their use of the National Driver 
    Register's computer timeshare and user assistance functions. During 
    this transition period, the Secretary shall continue to fund these 
    transferred functions.
        (4) Fees.--The total of the fees charged by the organization 
    representing the interests of the States in any fiscal year for the 
    use of the National Driver Register's computer timeshare and user 
    assistance functions shall not exceed the total cost to the 
    organization of performing these functions in such fiscal year.
        (5) Limitation on statutory construction.--Nothing in this 
    subsection may be construed to diminish, limit, or otherwise affect 
    the authority of the Secretary to carry out this chapter.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 973; Pub. L. 105-
178, title II, Sec. 2006(a), June 9, 1998, 112 Stat. 335.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30302.................................  23:401 (note).                   Oct. 2
5, 1982, Pub. L. 97-364, Sec.
                                                                          203, 
96 Stat. 1741.
-------------------------------------------------------------------------------
---------------------------------

    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 (Public Law 97-364, 96 Stat. 1742) is omitted as unnecessary 
because of 49:322(a).

                       References in Text

    Act of July 14, 1960, referred to in subsec. (c)(1), (2)(A), is set 
out below.


                               Amendments

    1998--Subsec. (e). Pub. L. 105-178 added subsec. (e).


      Register of Revocations of Motor Vehicle Operator's Licenses

    Pub. L. 86-660, July 14, 1960, 74 Stat. 526, as amended by Pub. L. 
87-359, Oct. 4, 1961, 75 Stat. 779; Pub. L. 89-563, title IV, Sec. 401, 
Sept. 9, 1966, 80 Stat. 730, provided: ``That the Secretary of Commerce 
shall establish and maintain a register identifying each individual 
reported to him by a State, or political subdivision thereof, as an 
individual with respect to whom such State or political subdivision has 
denied, terminated, or temporarily withdrawn (except a withdrawal for 
less than six months based on a series of nonmoving violations) an 
individual's license or privilege to operate a motor vehicle.
    ``Sec. 2. Only at the request of a State, a political subdivision 
thereof, or a Federal department or agency, shall the Secretary furnish 
information contained in the register established under the first 
section of this Act, and such information shall be furnished only to the 
requesting party and only with respect to an individual applicant for a 
motor vehicle operator's license or permit.
    ``Sec. 3. As used in this Act, the term `State' includes each of the 
several States, the Commonwealth of Puerto Rico, the District of 
Columbia, Guam, the Virgin Islands, the Canal Zone, and American 
Samoa.''

                  Section Referred to in Other Sections

    This section is referred to in section 30304 of this title.
