Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
61.874,
61.878(5),
186.018,
187.310,
411.402,
411.406,
15
U.S.C. 1231-1233,
18
U.S.C. 2721,
42 U.S.C.
7401-7459,
49
U.S.C. 31301-31317
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
187.300(1) authorizes the
cabinet to promulgate administrative regulations to implement KRS Chapter 187.
KRS
187.310(1) requires the
cabinet to furnish, upon request, an abstract of the operating record of a
person subject to
KRS
187.290 to
187.620.
18
U.S.C. 2721 authorizes the information that
shall and shall not be included in information sold or otherwise distributed
about a motor vehicle operator or owner. This administrative regulation
establishes the circumstances and conditions governing the distribution or sale
of motor vehicle operator or owner personal information.
Section 1. Definition. "Personal information"
means information that identifies an individual including the following:
(1) Name;
(2) Address, excluding the zip
code;
(3) Social Security
number;
(4) Date of
birth;
(5) Driver identification
number;
(6) Telephone
number;
(7) Photograph;
and
(8) Medical or disability
information.
Section 2.
(1) In the Driver Licensing Computer
Information System, the following shall not be considered personal information:
(a) Driver status; and
(b) Violation or conviction of a traffic
law.
(2) The information
included in the Driver Licensing Computer System shall not be distributed or
sold except as established in
KRS
187.310.
Section 3. Required Disclosures.
(1) Personal information referred to in
Section 1 or 2 of this administrative regulation shall be disclosed in
accordance with subsection (2) of this section for use in connection with:
(a) Matters of motor vehicle or driver safety
and theft;
(b) Motor vehicle
emissions;
(c) Motor vehicle
product alterations, recalls, or advisories;
(d) Performance monitoring of motor vehicles
or dealers by motor vehicle manufacturers; or
(e) Removal of nonowner records from the
original owner records of motor vehicle manufacturers.
(2) The disclosure of personal information
shall be to carry out the provisions of the:
(a) Federal Automobile Information Disclosure
Act, 15 U.S.C.
1231-1233;
or
(b) Clean Air Act,
42 U.S.C.
7401-7459.
Section 4. Personal information in the Driver
Licensing Computer Information System or the Automated Vehicle Information
System including a computerized image, Social Security number, medical or
disability information from a motor vehicle record, motor vehicle registration,
or personal information relating to the owner of a boat, shall not be released
except for the following reasons:
(1) For use
by a government agency, including a court or law enforcement agency, in
carrying out its functions, or a private person or entity acting on behalf of a
federal, state, or local agency in carrying out its functions by submission of
a notarized Transportation Cabinet form TC 96-16G, Request for Motor Vehicle or
Boat Record that Includes Personal Information to be Completed by a
Governmental Agency;
(2) For use in
connection with matters relating to the following:
(a) Motor vehicle or driver safety;
(b) Motor vehicle theft;
(c) Motor vehicle product alterations,
recalls, or advisories;
(d)
Performance monitoring of motor vehicles, motor vehicle parts, or
dealers;
(e) Removal of nonowner
records from the original owner records of motor vehicle manufacturers;
or
(f) Theft of motor fuel as
established in
KRS
411.402,
411.406,
and
601
KAR 1:220.
(3) For use in the normal course of business
by a legitimate business or its agent, employee, or contractor, but only:
(a) To verify the accuracy of personal
information submitted by the individual to the business or its agent, employee,
or contractor; or
(b) If the
submitted information is not correct or is no longer correct, to obtain the
correct information, in order to prevent fraud by pursuing legal remedies
against or recovering on a debt or security interest against the
individual;
(4) For use
in connection with a civil, criminal, administrative, or arbitral proceeding in
a federal, state, or local court or agency or before a self-regulatory body,
including the service of process; investigation in anticipation of litigation;
or and the execution or enforcement of judgments and orders, or pursuant to an
order of a federal, state, or local court;
(5) If the personal information is not
published, redisclosed, or used to contact an individual, for use in:
(a) Research activities; or
(b) Producing statistical reports;
(6) For use by an insurer or
insurance support organization or by a self-insured entity or its agent,
employee, or contractor, in connection with claims investigation activities,
antifraud activities, rating, or underwriting;
(7) For use in providing notice to the owner
of a towed or impounded vehicle by submission of a notarized Transportation
Cabinet form TC 96-16T, Request by Towing and Storage Companies and Creditors
in Possession for Motor Vehicle or Board Records that include Personal
Information;
(8) For use by a
licensed investigative agency or licensed security service for a purpose
permitted under this section;
(9)
For use by an employer or its agent or insurer to obtain or verify information
relating to a holder of a commercial driver's license that is required under
the Commercial Motor Vehicle Safety Act of 1986,
49
U.S.C. 31301 through
31317;
or
(10) For use in connection with
operation of a private toll transportation facility.
Section 5. Disclosure with Consent. Personal
information referred to in Sections 1 and 4 of this administrative regulation
shall be disclosed to a requestor that provides a notarized written statement
of consent from the person whose information is requested.
Section 6. A person wishing pursuant to
Section 4 of this administrative regulation to obtain a record for a commercial
purpose that includes personal information, shall submit one (1) of the
following forms or its preapproved electronic equivalent and three (3) dollars
for each requested record:
(1) If the record
is in the Driver Licensing Computer Information System, Transportation Cabinet
form TC 94-1E,Request for Driver Licensing Record that Includes Personal
Information; or
(2) If the record
is in the Automated Vehicle Information System, Transportation Cabinet form TC
96-16A, Request for Motor Vehicle or Boat Record that Includes Personal
Information.
Section 7.
Retention of Records. A form completed pursuant to Section 6 of this
administrative regulation shall be retained by the agency or office providing
the record containing personal information for a minimum of two (2)
years.
Section 8. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Request for
Driver Licensing Record that Includes Personal Information", TC Form 94-1E,
January 2010;
(b) "Request for
Motor Vehicle or Boat Record that Includes Personal Information", TC Form
96-16A, April 2010;
(c) "Request by
Towing and Storage Companies and Creditors in Possession for Motor Vehicle or
Boat Records that Include Personal Information", TC 96-16T, March 2010;
and
(d) "Request for Motor Vehicle
or Boat Record that Includes Personal Information to be Completed by a
Governmental Agency", TC 96-16G, March 2010.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Transportation Cabinet
Building, Department of Vehicle Registration, 200 Mero Street, Frankfort,
Kentucky 40622, Monday through Friday, 8 a.m. to 4:30p.m.
STATUTORY AUTHORITY:
KRS
187.300(1),
187.310(1),
18
U.S.C. 2721