Current through Rules and Regulations filed through March 20, 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.