Document
49 USC 30301
ICR 202609-1652-004 · OMB 1652-0079 · Object 172970601.
Document Viewer [pdf]
Status: Original and derived artifacts are available for this document.
Download: pdf
Loading document viewer…
Document Metadata
| File Type | application/pdf |
|---|---|
| File Title | 49 USC 30301 |
| Last Modified By | Federal Digital System, U. S. Government Printing Office |
| File Modified | 2012-04-27 |
| File Created | 2012-04-27 |
| Conversion State | complete |
Extracted Text
§ 30170 TITLE 49—TRANSPORTATION (6) enforcement actions; (7) the extent to which technical information was given the scientific community and consumer-oriented information was made available to the public; and (8) recommendations for legislation needed to promote cooperation among the States in improving traffic safety and strengthening the national traffic safety program. (b) REPORT ON IMPORTING MOTOR VEHICLES.— Not later than 18 months after regulations are first prescribed under section 2(e)(1)(B) of the Imported Vehicle Safety Compliance Act of 1988, the Secretary shall submit to Congress a report of the actions taken to carry out subchapter III of this chapter and the effectiveness of those actions, including any testing by the Secretary under section 30146(c)(2) of this title. After the first report, the Secretary shall submit a report to Congress under this subsection not later than July 31 of each year. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 972.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) 30169(a) ...... 15:1408. 30169(b) ...... 15:1397 (note). Source (Statutes at Large) Sept. 9, 1966, Pub. L. 89–563, § 120, 80 Stat. 728; May 22, 1970, Pub. L. 91–265, § 5, 84 Stat. 263; Oct. 27, 1974, Pub. L. 93–492, § 110(b), 88 Stat. 1484. Oct. 31, 1988, Pub. L. 100–562, § 2(e)(4), 102 Stat. 2825. In subsection (a), before clause (1), the words ‘‘prepare and’’, ‘‘comprehensive’’, and ‘‘but not be restricted to’’ are omitted as unnecessary. In clause (1), the words ‘‘occurring in such year’’ are omitted as surplus. In clause (2), the words ‘‘in such year’’ are omitted as surplus. The words ‘‘under this chapter’’ are substituted for ‘‘Federal’’ for consistency in this chapter. In clause (3), the words ‘‘applicable Federal motor vehicle’’ are omitted as surplus. In clause (4), the word ‘‘all’’ is omitted as surplus. In clause (5), the words ‘‘including relevant policy recommendations’’ and ‘‘during such year’’ are omitted as surplus. In clause (6), the words ‘‘a statement of . . . including judicial decisions, settlements, or pending litigation during such year’’ are omitted as surplus. In clause (7), the word ‘‘motoring’’ is omitted as surplus. In clause (8), the words ‘‘The report required by subsection (a) of this section shall contain such’’ are omitted because of the restatement. The words ‘‘additional . . . as the Secretary deems’’ and ‘‘several’’ are omitted as surplus. REFERENCES IN TEXT § 30170. Criminal Penalties (a) CRIMINAL LIABILITY FOR FALSIFYING OR WITHHOLDING INFORMATION.— (1) GENERAL RULE.—A person who violates section 1001 of title 18 with respect to the reporting requirements of section 30166, with the specific intention of misleading the Secretary with respect to motor vehicle or motor vehicle equipment safety related defects that have caused death or serious bodily injury to an individual (as defined in section 1365(g)(3) 1 of title 18), shall be subject to criminal penalties of a fine under title 18, or imprisoned for not more than 15 years, or both. (2) SAFE HARBOR TO ENCOURAGE REPORTING AND FOR WHISTLE BLOWERS.— (A) CORRECTION.—A person described in paragraph (1) shall not be subject to criminal penalties under this subsection if: (1) at the time of the violation, such person does not know that the violation would result in an accident causing death or serious bodily injury; and (2) the person corrects any improper reports or failure to report within a reasonable time. (B) REASONABLE TIME AND SUFFICIENCY OF CORRECTION.—The Secretary shall establish by regulation what constitutes a reasonable time for the purposes of subparagraph (A) and what manner of correction is sufficient for purposes of subparagraph (A). The Secretary shall issue a final rule under this subparagraph within 90 days of the date of the enactment of this section. (C) EFFECTIVE DATE.—Subsection (a) shall not take effect before the final rule under subparagraph (B) takes effect. (b) COORDINATION WITH DEPARTMENT OF JUSTICE.—The Attorney General may bring an action, or initiate grand jury proceedings, for a violation of subsection (a) only at the request of the Secretary of Transportation. (Added Pub. L. 106–414, § 5(b)(1), Nov. 1, 2000, 114 Stat. 1803.) REFERENCES IN TEXT Section 1365(g)(3) of title 18, referred to in subsec. (a)(1), was redesignated section 1365(h)(3) of title 18 by Pub. L. 107–307, § 2(1), Dec. 2, 2002, 116 Stat. 2445. The date of the enactment of this section, referred to in subsec. (a)(2)(B), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000. CHAPTER 303—NATIONAL DRIVER REGISTER Sec. Section 2(e)(1)(B) of the Imported Vehicle Safety Compliance Act of 1988, referred to in subsec. (b), is section 2(e)(1)(B) of Pub. L. 100–562, which was set out as a note under section 1397 of Title 15, Commerce and Trade, prior to repeal by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379. 30301. 30302. 30303. 30304. 30305. 30306. TERMINATION OF REPORTING REQUIREMENTS 30307. 30308. For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 1st item on page 135 and the 2nd item on page 134 identify reporting provisions which, as subsequently amended, are contained, respectively, in subsecs. (a) and (b) of this section), see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance. Page 578 Definitions. National Driver Register. State participation. Reports by chief driver licensing officials. Access to Register information. National Driver Register Advisory Committee. Criminal penalties. Authorization of appropriations. § 30301. Definitions In this chapter— (1) ‘‘alcohol’’ has the same meaning given that term in regulations prescribed by the Secretary of Transportation. 1 See References in Text note below. Page 579 TITLE 49—TRANSPORTATION (2) ‘‘chief driver licensing official’’ means the official in a State who is authorized to— (A) maintain a record about a motor vehicle operator’s license issued by the State; and (B) issue, deny, revoke, suspend, or cancel a motor vehicle operator’s license issued by the State. (3) ‘‘controlled substance’’ has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802). (4) ‘‘motor vehicle’’ means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle operated only on a rail line. (5) ‘‘motor vehicle operator’s license’’ means a license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways. (6) ‘‘participating State’’ means a State that has notified the Secretary under section 30303 of this title of its participation in the National Driver Register. (7) ‘‘State’’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (8) ‘‘State of record’’ means a State that has given the Secretary a report under section 30304 of this title about an individual who is the subject of a request for information made under section 30305 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 973.) HISTORICAL AND REVISION NOTES Revised Section 30301 .......... Source (U.S. Code) 23:401 (note). Source (Statutes at Large) Oct. 25, 1982, Pub. L. 97–364, § 202, 96 Stat. 1740. In clauses (4) and (5), the words ‘‘public streets, roads, or highways’’ are substituted for ‘‘highway’’ and ‘‘ ‘highway’ means any road or street’’ for consistency in the revised title. In clause (4), the words ‘‘rail line’’ are substituted for ‘‘rail or rails’’ for consistency in the revised title. The definitions of ‘‘Secretary’’, ‘‘Register’’, and ‘‘Register system’’ are omitted as surplus because the complete name of the Secretary of Transportation and the National Driver Register are used the first time the terms appear in a section. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. PROTECTION OF DOMESTIC VIOLENCE AND CRIME VICTIMS FROM CERTAIN DISCLOSURES OF INFORMATION Pub. L. 109–162, title VIII, § 827, Jan. 5, 2006, 119 Stat. 3066, provided that: ‘‘In developing regulations or guidance with regard to identification documents, including driver’s licenses, the Secretary of Homeland Security, in consultation with the Administrator of Social Security, shall consider and address the needs of victims, including victims of battery, extreme cruelty, domestic violence, dating violence, sexual assault, stalk- § 30301 ing or trafficking, who are entitled to enroll in State address confidentiality programs, whose addresses are entitled to be suppressed under State or Federal law or suppressed by a court order, or who are protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).’’ IMPROVED SECURITY FOR DRIVERS’ LICENSES AND PERSONAL IDENTIFICATION CARDS Pub. L. 110–177, title V, § 508, Jan. 7, 2008, 121 Stat. 2543, provided that: ‘‘(a) MINIMUM DOCUMENT REQUIREMENTS.— ‘‘(1) MINIMUM REQUIREMENTS.—For purposes of section 202(b)(6) of the REAL ID Act of 2005 [div. B of Pub. L. 109–13] (49 U.S.C. 30301 note), a State may, in the case of an individual described in subparagraph (A) or (B) of paragraph (2), include in a driver’s license or other identification card issued to that individual by the State, the address specified in that subparagraph in lieu of the individual’s address of principle residence. ‘‘(2) INDIVIDUALS AND INFORMATION.—The individuals and addresses referred to in paragraph (1) are the following: ‘‘(A) In the case of a Justice of the United States, the address of the United States Supreme Court. ‘‘(B) In the case of a judge of a Federal court, the address of the courthouse. ‘‘(b) VERIFICATION OF INFORMATION.—For purposes of section 202(c)(1)(D) of the REAL ID Act of 2005 (49 U.S.C. 30301 note), in the case of an individual described in subparagraph (A) or (B) of subsection (a)(2), a State need only require documentation of the address appearing on the individual’s driver’s license or other identification card issued by that State to the individual.’’ Pub. L. 109–13, div. B, title II, May 11, 2005, 119 Stat. 311, provided that: ‘‘SEC. 201. DEFINITIONS. ‘‘In this title, the following definitions apply: ‘‘(1) DRIVER’S LICENSE.—The term ‘driver’s license’ means a motor vehicle operator’s license, as defined in section 30301 of title 49, United States Code. ‘‘(2) IDENTIFICATION CARD.—The term ‘identification card’ means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State. ‘‘(3) OFFICIAL PURPOSE.—The term ‘official purpose’ includes but is not limited to accessing Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants, and any other purposes that the Secretary shall determine. ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security. ‘‘(5) STATE.—The term ‘State’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. ‘‘SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL RECOGNITION. ‘‘(a) MINIMUM STANDARDS FOR FEDERAL USE.— ‘‘(1) IN GENERAL.—Beginning 3 years after the date of the enactment of this division [May 11, 2005], a Federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a State to any person unless the State is meeting the requirements of this section. ‘‘(2) STATE CERTIFICATIONS.—The Secretary shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary. Such certifications shall be made at such times and in such manner as the Secretary, in consultation with the Secretary of Transportation, may prescribe by regulation. ‘‘(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet the requirements of this section, a State shall include, § 30301 TITLE 49—TRANSPORTATION at a minimum, the following information and features on each driver’s license and identification card issued to a person by the State: ‘‘(1) The person’s full legal name. ‘‘(2) The person’s date of birth. ‘‘(3) The person’s gender. ‘‘(4) The person’s driver’s license or identification card number. ‘‘(5) A digital photograph of the person. ‘‘(6) The person’s address of principle residence. ‘‘(7) The person’s signature. ‘‘(8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. ‘‘(9) A common machine-readable technology, with defined minimum data elements. ‘‘(c) MINIMUM ISSUANCE STANDARDS.— ‘‘(1) IN GENERAL.—To meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following information before issuing a driver’s license or identification card to a person: ‘‘(A) A photo identity document, except that a non-photo identity document is acceptable if it includes both the person’s full legal name and date of birth. ‘‘(B) Documentation showing the person’s date of birth. ‘‘(C) Proof of the person’s social security account number or verification that the person is not eligible for a social security account number. ‘‘(D) Documentation showing the person’s name and address of principal residence. ‘‘(2) SPECIAL REQUIREMENTS.— ‘‘(A) IN GENERAL.—To meet the requirements of this section, a State shall comply with the minimum standards of this paragraph. ‘‘(B) EVIDENCE OF LAWFUL STATUS.—A State shall require, before issuing a driver’s license or identification card to a person, valid documentary evidence that the person— ‘‘(i) is a citizen or national of the United States; ‘‘(ii) is an alien lawfully admitted for permanent or temporary residence in the United States; ‘‘(iii) has conditional permanent resident status in the United States; ‘‘(iv) has an approved application for asylum in the United States or has entered into the United States in refugee status; ‘‘(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; ‘‘(vi) has a pending application for asylum in the United States; ‘‘(vii) has a pending or approved application for temporary protected status in the United States; ‘‘(viii) has approved deferred action status; or ‘‘(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States. ‘‘(C) TEMPORARY DRIVERS’ LICENSES AND IDENTIFICATION CARDS.— ‘‘(i) IN GENERAL.—If a person presents evidence under any of clauses (v) through (ix) of subparagraph (B), the State may only issue a temporary driver’s license or temporary identification card to the person. ‘‘(ii) EXPIRATION DATE.—A temporary driver’s license or temporary identification card issued pursuant to this subparagraph shall be valid only during the period of time of the applicant’s authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year. ‘‘(iii) DISPLAY OF EXPIRATION DATE.—A temporary driver’s license or temporary identification card issued pursuant to this subparagraph shall clearly indicate that it is temporary and shall state the date on which it expires. Page 580 ‘‘(iv) RENEWAL.—A temporary driver’s license or temporary identification card issued pursuant to this subparagraph may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary driver’s license or temporary identification card has been extended by the Secretary of Homeland Security. ‘‘(3) VERIFICATION OF DOCUMENTS.—To meet the requirements of this section, a State shall implement the following procedures: ‘‘(A) Before issuing a driver’s license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the person under paragraph (1) or (2). ‘‘(B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1) or (2). ‘‘(C) Not later than September 11, 2005, the State shall enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Pub. L. 104–208, div. C, 8 U.S.C. 1324a note] (110 Stat. 3009–664), to verify the legal presence status of a person, other than a United States citizen, applying for a driver’s license or identification card. ‘‘(d) OTHER REQUIREMENTS.—To meet the requirements of this section, a State shall adopt the following practices in the issuance of drivers’ licenses and identification cards: ‘‘(1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format. ‘‘(2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years. ‘‘(3) Subject each person applying for a driver’s license or identification card to mandatory facial image capture. ‘‘(4) Establish an effective procedure to confirm or verify a renewing applicant’s information. ‘‘(5) Confirm with the Social Security Administration a social security account number presented by a person using the full social security account number. In the event that a social security account number is already registered to or associated with another person to which any State has issued a driver’s license or identification card, the State shall resolve the discrepancy and take appropriate action. ‘‘(6) Refuse to issue a driver’s license or identification card to a person holding a driver’s license issued by another State without confirmation that the person is terminating or has terminated the driver’s license. ‘‘(7) Ensure the physical security of locations where drivers’ licenses and identification cards are produced and the security of document materials and papers from which drivers’ licenses and identification cards are produced. ‘‘(8) Subject all persons authorized to manufacture or produce drivers’ licenses and identification cards to appropriate security clearance requirements. ‘‘(9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of drivers’ licenses and identification cards. ‘‘(10) Limit the period of validity of all driver’s licenses and identification cards that are not temporary to a period that does not exceed 8 years. ‘‘(11) In any case in which the State issues a driver’s license or identification card that does not satisfy the requirements of this section, ensure that such license or identification card— ‘‘(A) clearly states on its face that it may not be accepted by any Federal agency for federal identification or any other official purpose; and Page 581 TITLE 49—TRANSPORTATION ‘‘(B) uses a unique design or color indicator to alert Federal agency and other law enforcement personnel that it may not be accepted for any such purpose. ‘‘(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State. ‘‘(13) Maintain a State motor vehicle database that contains, at a minimum— ‘‘(A) all data fields printed on drivers’ licenses and identification cards issued by the State; and ‘‘(B) motor vehicle drivers’ histories, including motor vehicle violations, suspensions, and points on licenses. ‘‘SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS. ‘‘(a) CRIMINAL PENALTY.—[Amended section 1028 of Title 18, Crimes and Criminal Procedure.] ‘‘(b) USE OF FALSE DRIVER’S LICENSE AT AIRPORTS.— ‘‘(1) IN GENERAL.—The Secretary shall enter, into the appropriate aviation security screening database, appropriate information regarding any person convicted of using a false driver’s license at an airport (as such term is defined in section 40102 of title 49, United States Code). ‘‘(2) FALSE DEFINED.—In this subsection, the term ‘false’ has the same meaning such term has under section 1028(d) of title 18, United States Code. ‘‘SEC. 204. GRANTS TO STATES. ‘‘(a) IN GENERAL.—The Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this title. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this title. ‘‘SEC. 205. AUTHORITY. ‘‘(a) PARTICIPATION OF SECRETARY OF TRANSPORTATION AND STATES.—All authority to issue regulations, set standards, and issue grants under this title shall be carried out by the Secretary, in consultation with the Secretary of Transportation and the States. ‘‘(b) EXTENSIONS OF DEADLINES.—The Secretary may grant to a State an extension of time to meet the requirements of section 202(a)(1) if the State provides adequate justification for noncompliance. ‘‘SEC. 206. REPEAL. ‘‘[Repealed section 7212 of Pub. L. 108–458, set out below.] ‘‘SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION. ‘‘Nothing in this title shall be construed to affect the authorities or responsibilities of the Secretary of Transportation or the States under chapter 303 of title 49, United States Code.’’ Pub. L. 108–458, title VII, § 7212, Dec. 17, 2004, 118 Stat. 3827, which prohibited acceptance by a Federal agency, for any official purpose, of a driver’s license or personal identification card issued by a State more than 2 years after the promulgation of minimum standards unless the driver’s license or personal identification card conformed to such minimum standards, and directed the Secretary of Transportation, in consultation with the Secretary of Homeland Security, to establish such standards not later than 18 months after Dec. 17, 2004, was repealed by Pub. L. 109–13, div. B, title II, § 206, May 11, 2005, 119 Stat. 316. EVALUATION AND ASSESSMENT OF ALTERNATIVES Pub. L. 105–178, title II, § 2006(c), June 9, 1998, 112 Stat. 336, provided that: ‘‘(1) EVALUATION.—The Secretary shall evaluate the implementation of chapter 303 of title 49, United States Code, and the programs under sections 31106 and 31309 of such title and identify alternatives to improve the § 30302 ability of the States to exchange information about unsafe drivers and to identify drivers with multiple licenses. ‘‘(2) TECHNOLOGY ASSESSMENT.—The Secretary, in conjunction with the American Association of Motor Vehicle Administrators, shall conduct an assessment of available electronic technologies to improve access to and exchange of motor vehicle driving records. The assessment may consider alternative unique motor vehicle driver identifiers that would facilitate accurate matching of drivers and their records. ‘‘(3) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of this Act [June 9, 1998], the Secretary shall transmit to Congress a report on the results of the evaluation and technology assessment, together with any recommendations for appropriate administrative and legislative actions. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out paragraph (2) $250,000 in the aggregate for fiscal years beginning after September 30, 1998.’’ § 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;