DOT 23 CFR PART 1327-2011 PROCEDURES FOR PARTICIPATING IN AND RECEIVING INFORMATION FROM THE NATIONAL DRIVER REGISTER PROBLEM DRIVER POINTER SYSTEM.pdf

1、555 National Highway Traffic Safety Admin., DOT Pt. 1327 (3) The aggregate cost of the States comprehensive drunk driving preven-tion programs. (ii) To demonstrate compliance in subsequent fiscal years, the State shall submit, in addition to the data identi-fied in paragraph (h)(3)(i)(B) of this sec

2、-tion, a copy of any changes to the States law, regulation or binding pol-icy directive or, if there have been no changes, a statement certifying that there have been no changes in the States laws, regulations or binding policy directives. 71 FR 20568, Apr. 21, 2006 1313.7 Requirements for a high fa

3、tal-ity rate state. To qualify for a grant as a high fatal-ity rate State, the State shall be among the ten States that have the highest alcohol-related fatality rates, as determined by the agency using the most recently available final FARS data as of the date of the grant. The agency plans to make

4、 this information available to States by June 1 of each fiscal year. (1) Demonstrating compliance. To dem-onstrate compliance in each fiscal year a State qualifies as a high fatality rate State, the State shall submit a plan for grant expenditures that is approved by the agency and that expends fund

5、s in accordance with 1313.4. The plan must allocate at least 50 percent of the funds to conduct a high visibility impaired driving enforcement campaign in ac-cordance with 1313.6(a) and include in-formation that satisfies the planning requirements of 1313.6(a)(3)(iii). 71 FR 20568, Apr. 21, 2006 131

6、3.8 Award procedures. In each Federal fiscal year, grants will be made to eligible States that satisfy the requirements of 1313.4(a), subject to the requirements of 1313.4(b) and (c). The release of grant funds under this part shall be subject to the availability of funding for that fiscal year. 71

7、FR 20568, Apr. 21, 2006 APPENDIX A TO PART 1313TAMPER RESISTANT DRIVERS LICENSE A tamper resistant drivers license or per-mit is a drivers license or permit that has one or more of the following security fea-tures: (1) Ghost image. (2) Ghost graphic. (3) Hologram. (4) Optical variable device. (5) Mi

8、croline printing. (6) State seal or a signature which overlaps the individuals photograph or informa-tion. (7) Security laminate. (8) Background containing color, pattern, line or design. (9) Rainbow printing. (10) Guilloche pattern or design. (11) Opacity mark. (12) Out of gamut colors (i.e., paste

9、l print). (13) Optical variable ultra-high-resolution lines. (14) Block graphics. (15) Security fonts and graphics with known hidden flaws. (16) Card stock, layer with colors. (17) Micro-graphics. (18) Retroflective security logos. (19) Machine readable technologies such as magnetic strips, a 1D bar

10、 code or a 2D bar code. PART 1327PROCEDURES FOR PARTICIPATING IN AND RECEIV-ING INFORMATION FROM THE NATIONAL DRIVER REGISTER PROBLEM DRIVER POINTER SYS-TEM Sec. 1327.1 Scope. 1327.2 Purpose. 1327.3 Definitions. 1327.4 Certification, termination and rein-statement procedures. 1327.5 Conditions for b

11、ecoming a partici-pating State. 1327.6 Conditions and procedures for other authorized users of the NDR. 1327.7 Procedures for NDR information re-quests. APPENDIX A TO PART 1327ABRIDGED LISTING OF THE AMERICAN ASSOCIATION OF MOTOR VEHICLE ADMINISTRATORS VIOLATIONS EX-CHANGE CODE, USED BY THE NDR FOR

12、RE-CORDING DRIVER LICENSE DENIALS, WITH-DRAWALS, AND CONVICTIONS OF MOTOR VE-HICLE-RELATED OFFENSES APPENDIX B TO PART 1327OMB CLEARANCE AUTHORITY: Pub.L. 97364, 96 Stat. 1740, as amended (49 U.S.C. 30301 et seq.); delegation of authority at 49 CFR 1.50. SOURCE: 56 FR 41403, Aug. 20, 1991, unless ot

13、herwise noted. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00565 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-556 23 CFR Ch. III (4111 Edition) 1327.1 1327.

14、1 Scope. This part provides procedures for States to participate in the National Driver Register (NDR) Problem Driver Pointer System (PDPS) and for other authorized parties to receive informa-tion from the NDR. It includes, in ac-cordance with section 204(c) of the NDR Act of 1982 (Pub. L. 97364), p

15、rocedures for a State to notify the Secretary of Transportation of its intention to be bound by the requirements of section 205 of the Act (i.e., requirements for re-porting by chief driver licensing offi-cials) and for a State to notify the Sec-retary in the event it becomes nec-essary to withdraw

16、from participation. The rule also contains the conditions for becoming a participating State as well as conditions and procedures for other authorized users of the NDR. 1327.2 Purpose. The purpose of this part is to imple-ment the NDR Act of 1982, as amended. 1327.3 Definitions. (a) Any officer, chi

17、ef warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve includes a cadet or an applicant for appointment or enlist-ment of any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard. (b) Driver history record means a de-tailed description o

18、f an individuals driver record, used in the American As-sociation of Motor Vehicle Administra-tors Commercial Drivers License In-formation System (CDLIS). (c) Driver improvement purposes means information requests made by chief driver licensing officials in connection with the control and rehabilita

19、tion of drivers who are, based on their records, suspected of being or known to be prob-lem drivers. (d) Driver license abstract means the complete driver history of a drivers convictions, revocations, suspensions, denials, cancellations, accidents and interactions with the driver control and driver

20、 improvement authorities. Also known as Motor Vehicle Record (MVR) or Transcript. (e) Driver licensing purposes means in-formation requests made by chief driv-er licensing officials to determine if in-dividuals applying for original, re-newal, temporary, or duplicate licenses have had their driving

21、privileges with-drawn in some other State. (f) Driver status response means a re-sponse which indicates whether a driv-er currently holds a valid license. (g) Employers or prospective employers of motor vehicle operators means persons that hire one or more individuals to op-erate motor vehicles on a

22、 regular basis during their normal course of employ-ment. (h) For cause as used in 1327.5(a) means that an adverse action taken by a State against an individual was based on a violation listed in Appendix A, Part I, an Abridged Listing of the American Association of Motor Vehicle Administrators (AAM

23、VA) Violations Exchange Code, which is used by the NDR for recording license denials and withdrawals. (i) Fully electronic register system means an NDR system in which all States that are participating in the NDR have been certified by the agency as participating States. (j) Interactive communicatio

24、n means an active two-way computer connection which allows requesters to receive a re-sponse from the NDR almost imme-diately. (k) Match means the occurrence when the personal identifying information in an inquiry compares with the personal identifying information on a record in the NDR file such th

25、at there is a high probability that the individual identi-fied on both records is the same person. See Probable Identification. (l) Non-minimum age driver license ap-plicant means a driver license applicant who is past the minimum age to apply for a license in the State making an NDR inquiry. (m) No

26、n-PDPS State means a State which operates under the old NDR by submitting complete substantive ad-verse driver licensing data to the NDR. (n) Participating State means a State that has notified the agency of its in-tention to participate in the PDPS and has been certified by the agency as being in c

27、ompliance with the require-ments of Section 30304 of Title 49, United States Code and 1327.5 of this part. (o) Personnel security investigation means an investigation of an individual VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00566 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 o

28、n DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-557 National Highway Traffic Safety Admin., DOT 1327.4 for the purpose of assisting in the de-termination of the eligibility of the in-dividual for access to national security i

29、nformation under the authority of Ex-ecutive Order No. 12968, or any suc-cessor Executive order, or for Federal employment in a position requiring ac-cess to national security information under the authority of Executive Order No. 10450, or any successor Executive order. (p) Pointer record means a r

30、eport con-taining the following data: (1) The legal name, date of birth (in-cluding month, day, and year), sex, (and if the State collects such data) height, weight, and color of eyes; (2) The name of the State transmit-ting such information; and (3) The social security account num-ber, if used by t

31、he reporting State for driver record or motor vehicle license purposes, and the motor vehicle opera-tors license number of such individual (if that number is different from the operators social security account number). (q) Probable identification means the occurrence when the personal identi-fying

32、information in an inquiry com-pares with the identifying information on a record in the NDR file such that there is a high probability that the in-dividual identified on both records is the same person. See Match. (r) Problem Driver Pointer System (PDPS) means a system whereby the NDR causes informa

33、tion regarding the motor vehicle driving records of indi-viduals to be exchanged between the State which took adverse action against a driver (State of Record) and the State requesting the information (State of Inquiry). (s) PDPS State means a State which participates in the PDPS by submit-ting poin

34、ter records for inclusion in the NDR file and by providing informa-tion to States of Inquiry as a State of Record. (t) Rapid Response System means an interactive inquiry capability of the NDR system used by non-PDPS States. (u) Remote job entry means an auto-mated communication method in which infor

35、mation is transmitted in batches (usually a large number of records) and responses are also trans-mitted in batches, all within a 24-hour period. (v) State of inquiry means the State submitting an inquiry to the NDR to determine if it contains information regarding a driver license applicant. (w) St

36、ate of record means the State which took an adverse action against a driver and transmitted identification data regarding the driver to the NDR, in accordance with 1327.5(a) of this part. (x) Substantive adverse action data, substantive adverse driver licensing data and substantive data mean data wh

37、ich give the details regarding a States rev-ocation, suspension, denial or cancella-tion of a drivers license, or the convic-tion of a driver, such as date, reason, eligible/restoration date, etc. (y) Transportation safety purposes means information requests submitted on behalf of other parties auth

38、orized by the NDR Act of 1982, as amended, to re-ceive NDR information. (z) Transition period means the period which began on July 11, 1985 and will continue until a fully electronic reg-ister system is established, but not later than April 30, 1995. 56 FR 41403, Aug. 20, 1991, as amended at 62 FR 6

39、3657, Dec. 2, 1997; 70 FR 43755, July 29, 2005; 70 FR 52298, Sept. 2, 2005 1327.4 Certification, termination and reinstatement procedures. (a) Certification requirement. Only States that have been certified by NHTSA as participating States under PDPS may participate in the NDR. NHTSA will remove all

40、 records on file and will not accept any inquiries or re-ports from a State that has not been certified as a participating State. (b) Termination or cancellation. (1) If a State finds it necessary to discontinue participation, the chief driver licensing official of the participating State shall noti

41、fy NHTSA in writing, providing the reason for terminating its participa-tion. (2) The effective date of termination will be no less than 30 days after notifi-cation of termination. (3) NHTSA will notify any partici-pating State that changes its oper-ations such that it no longer meets statutory and

42、regulatory requirements, that its certification to participate in VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00567 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS

43、-,-,-558 23 CFR Ch. III (4111 Edition) 1327.5 the NDR will be withdrawn if it does not come back into compliance within 30 days from the date of notification. (4) If a participating State does not come back into compliance with statu-tory and regulatory requirements with-in the 30-day period, NHTSA

44、will send a letter to the chief driver licensing of-ficial cancelling its certification to participate in the NDR. (5) NHTSA will remove all records on file and will not accept any inquiries or reports from a State whose participa-tion in the NDR has been terminated or cancelled. (6) To be reinstate

45、d as a participating State after being terminated or can-celled, the chief driver licensing offi-cial shall follow the notification proce-dures in paragraphs (c)(1) and (3) of this section and must be re-certified by NHTSA as a participating State under PDPS, upon a determination by NHTSA that the S

46、tate complies with the statutory and regulatory require-ments for participation, in accordance with paragraphs (c)(2) and (4) of this section. (c) Reinstatement. (1) The chief driver licensing official of a State that wishes to be reinstated as a participating State in the NDR under the PDPS shall s

47、end a letter notifying NHTSA that the State wishes to be reinstated as a par-ticipating State and certifying that the State intends to be bound by the re-quirements of Section 30304 of Title 49, United States Code and 1327.5. The letter shall also describe the changes necessary to meet the statutory

48、 and regulatory requirements of PDPS. (2) NHTSA will acknowledge receipt of the States notification within 20 days after receipt. (3) The chief driver licensing official of a State that has notified NHTSA of its intention to be reinstated as a par-ticipating State will, at such time as it has comple

49、ted all changes necessary to meet the statutory and regulatory re-quirements of PDPS, certify this fact to the agency. (4) Upon receipt, review and approval of certification from the State, NHTSA will recertify the State as a partici-pating State under PDPS. (d) New notification. (1) NHTSA may, in its discretion, require in writing that a participating State submit a new notification, certifying that it in-tends to be bound by the requirement