release of motor vehicle
information
DPA |
Committee on Transportation |
|
|
DPA |
Caucus and COW |
|
|
DPA |
As Passed the House |
|
|
As Transmitted to the Governor |
||
House Bill 2458 makes changes to the statutes pertaining to the sale of vehicle title and registration records under the jurisdiction of the Arizona Department of Transportation Motor Vehicle Division (MVD). The bill will provide for exemptions from the amount of information a requestor must supply to MVD if the requestor is in the business of preparing vehicle history reports. In addition, HB 2458 allows MVD to supply vehicle title and registration records commercially to these types of requestors regardless of whether there is a prohibition placed on the record pertaining to commercial sale.
A.R.S. § 28-450 provides that MVD shall not divulge vehicle title and registration information unless the requestor provides the name of the owner, the vehicle identification number and the vehicle license plate number. Current statute exempts 13 entities from this requirement. Some of these include the state, its agencies, political subdivisions, courts, law enforcement, private investigators, attorneys, federal agencies, motor vehicle dealers, insurers, etc.
A.R.S. § 28-452 states that MVD may supply record information for commercial purposes provided that a person has not prohibited MVD from supplying information pertaining to that person’s record to a commercial requestor. In addition the statute requires that, except in specific instances, the department or a commercial records requester shall not sell or release an individual record or any records information for any commercial purpose based on a request that provides one or more factors unique to a single record.
The Driver’s Privacy Protection Act (Public Law 103-322) allows a state department of motor vehicles to disclose personal information under the following circumstances:
· For use by any government agency or any private person or entity acting on the agency’s behalf in carrying out the agency’s functions.
· For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls or advisories; motor vehicle market research activities; performance monitoring of motor vehicles, motor vehicle parts and dealers; and removal of non-owner records.
· For use by a legitimate business or its agents, but only to verify the accuracy of personal information submitted by the individual to the business, and if the submitted information is not correct, to obtain the correct information only to prevent fraud by, pursuing legal remedies against, or recovering a debt or security interest against the indiviual.
· For use in connection with any civil, criminal, administrative or arbitral proceeding in any court or governmental agency.
· For use in research activities.
· For use by any insurer or insurance support organization.
· For use by any licensed private investigative agency.
· For use by an employer or its agent to verify information relating to a holder of a commercial driver’s license.
· For use in connection with operating private toll transportation facilities.
· For any other use in response to requests for individual motor vehicle records, provided the person has not opted to allow their personal information to be released.
· For use by any requester, provided the requester demonstrates it has obtained the written consent of the individual.
·
Exempts a person in the business of preparing vehicle
history reports from providing MVD with three pieces of information to obtain a
vehicle record, and allows a person in this business to obtain the record
commercially regardless of whether a person has placed a prohibition on the
commercial sale of their record.
·
Defines motor
vehicle history report and states that the information in vehicle history
reports does not include names and addresses.
---------- DOCUMENT
FOOTER ---------
44th Legislature Analyst Initials _______
Second Regular Session April 3, 2000
---------- DOCUMENT
FOOTER ---------