Compilation of Rules and Regulations of the State of Georgia
Department 375 - RULES OF DEPARTMENT OF DRIVER SERVICES
Chapter 375-3 - DRIVER LICENSE SERVICES
Subject 375-3-8 - ACCESS FOR MOTOR VEHICLE RECORDS
Rule 375-3-8-.04 - Bulk MVR Access and Certification
Universal Citation: GA Rules and Regs r 375-3-8-.04
Current through Rules and Regulations filed through September 23, 2024
Definitions:
(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)
Auditor: Shall include Georgia Technology Authority (GTA), Department Driver Services (DDS), the Georgia Department of Audits and Accounts, and their respective representatives.
(b)
Bulk Entity: Refers to organizations, businesses, agencies, local, federal and state governments that have been authorized as Bulk Users/Requestors by the Department of Driver Services.
(c)
Bulk Requestor: Shall mean an entity authorized as a Bulk Requestor by the Department of Driver Services as evidenced by having on site a valid copy of the entity's Bulk Requestor Authorization obtained from the Department of Driver Services. Bulk Requestors can request MVRs only to distribute to other Bulk Users and cannot retain copies of any MVRs requested. The Requestor shall not share, sell or otherwise disseminate any information included in the Motor Vehicle Report to any other person or company except its Users.
(d)
Bulk User: Shall mean an entity authorized as a Bulk User by the Department of Driver Services as evidenced by having on site a valid copy of the entity's Bulk User Authorization obtained from the Department of Driver Services. Bulk Users can only request MVRs for the User's exclusive use and explicitly authorized purpose. The User shall not share, sell or otherwise disseminate any information included in the Motor Vehicle Report to any other person or company.
(e)
Credit: One type of MVR purpose as defined by the Department. This report can be requested and obtained for credit purposes in accordance with the Fair Credit Reporting Act. The information for this purpose of request includes name, DOB, address, license number and license status.
(f)
Department: Shall mean the Department of Driver Services (DDS) of the State of Georgia.
(g)
Employment: One type of MVR purpose as defined by the Department. A requestor can ascertain copies of driver records for employment purposes. Each company must have written consent on file from the individual to request the driver record. The information for this purpose of request includes name, DOB, address, license number, license type/class, descriptions/dates, and other information deemed applicable by the Department.
(h)
Georgia Technology Authority: Shall mean the Georgia Technology Authority (GTA) of the State of Georgia.
(i)
Insurance: One type of MVR purpose as defined by the Department. Insurance companies and/or insurance support organizations can request Motor Vehicle Reports for the purposes specified in S.B. 69. The information for this purpose of request includes name, DOB, status, citation descriptions, suspension descriptions/dates, and other information deemed applicable by the Department.
(j)
Limited Rating Information: One type of MVR purpose as defined by the Department. Only insurance agents can request the limited rating report. This information for this purpose of request includes name, DOB, license number, and status. A LRI report also consists of a summary of the number of violations relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers.
(k)
Insurance-Support Organization (ISO): Shall mean any Person, including its successors and assigns, who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an Insurer for processing insurance transactions.
(l)
Insurer: Shall mean any Person engaged as indemnitor, surety, or contractor who issues insurance, annuity or endowment contracts, subscriber certificates, or other contracts of insurance by whatever name called.
(m)
Insurer's Agent: Shall mean any Person appointed or employed by an insurer who solicits insurance or procures applications for insurance; who in any way, directly or indirectly, makes or causes to be made any contract of insurance for or on account of an insurer; or who as representative of an insurer receives money for transmission to the insurer for a contract of insurance, anything in the application or contract to the contract notwithstanding, and who has on file with the Commissioner of Insurance a certificate of authority from each insurer with who the agent places insurance.
(n)
Person: Shall mean any natural person, corporation, limited liability company, limited liability partnership, general partnership, limited partnership, trust, association, or other legal person of entity of any kind, legal constituted.
(o)
Rental Car Agency: Agencies that maintain their own insurance division can ascertain MVRs for insurance purposes. These insurance divisions are certified by the Insurance Commissioner to ensure their vehicles and handle their own claims.
(p)
Revocation: Shall mean the termination of Certification by formal action of the Department, which Certification shall not be subject to renewal or restoration, except that an application for new Certification may be presented to and acted upon by the Department after the expiration of the full Certification period of time prescribed by the Department.
(q)
Suspension: Shall mean the temporary withdrawal of Certification by formal action of the Department, which temporary withdrawal shall be for a period specifically designated by the Department.
(3) Bulk Users or Requestors must pay required fees and complete an application packet.
(a) Any fees paid to Department of Driver Services and Georgia Technology Authority for certification and/or access are non-refundable.
(b) Mail the completed application package to:
Department of Driver Services
Attn: Bulk MVR
P.O. Box 80447
Conyers, GA 30013
(4) The following requirements must be met to obtain and maintain certification as a Bulk MVR Users/Requestors:
(a) 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 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.
(b) The authority granted by a license 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.
(c) 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 the contents thereof for any purpose not specified in an agreement with the Department or the Georgia Technology Authority (GTA) or authorization or permitted by these rules or by law.
(d) Bulk MVR Users/Requestors must request a minimum of fifty (50) MVRs within a twelve-month period following the certification or recertification issue date, unless the Bulk Entity is a local, federal or state government entity.
(e) 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 removed every two (2) years.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) Bulk requests for driving record information are limited to the following purposes:
(i) Employment, which may include paid employees, contractors, and volunteers;
(ii) Credit;
(iii) Insurance;
(iv) Limited Rating Information; and
(v) 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.
(k) If an authorized Bulk User or Bulk Requestor leaves the employment of or is otherwise separated from any Bulk Entity, the Bulk Entity shall immediately notify the Department, in writing. Said notice shall contain the following information:
(i) Name of employee
(ii) User ID
(iii) Customer ID
(iv) Date of separation
(l) Certification for a Bulk Entity, User, or Requestor cannot be assigned or transferred to another Entity or person. Each Entity or person must be certified through the process outlined in DDS Rules and Regulations.
(5) Bulk Users/Requestors Entities must submit to inspection and audit by the Department.
(a) The Department is authorized to inspect and investigate Bulk MVR Users/Requestors to determine compliance with the Rules and Regulations of the Department.
(b) Bulk Users/Requestors shall agree to accommodate the Auditor(s) for an inspection, review or audit on one business day's notice and to allow on-site audits during regular business hours.
(c) Bulk MVR Users/Requestors shall maintain confidentiality when accessing customers' record.
(d) Bulk MVR Users/Requestors shall not share or divulge their login credentials with unauthorized persons.
(e) Bulk Users/Requestors shall provide the Certification Notice for inspection upon request.
(f) Maintain Bulk MVR Log - Bulk MVR Users/Requestors shall maintain either an electronic or "hard" copy Bulk MVR log. The log shall contain the following information:
i. Name as it appears on the license
ii. Date of Birth, and
iii. Driver's License #
iv. Date of Request
v. How many years requested
vi. Name of Bulk User/Requestor making the request
(g) Bulk Users/Requestors shall maintain copies of customers' written authorization for MVR requests.
(h) Customers' MVR records and Bulk MVR Log should be kept in secure file storage for 4 years before secure destruction. Electronic files shall be, at minimum, password protected.
(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.
O.C.G.A. §§ 40-5-4, 40-16-2, 40-16-3, 40-16-4, 40-16-5, 40-5-101, 40-5-2.
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