Section 257.204a - Central file of individual driving records; certified copies as evidence; electronic certification; use of computer-generated certified information; persons who may receive informat
MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949
257.204a Central file of individual driving records; certified copies as evidence; electronic certification; use of computer-generated certified information; persons who may receive information contained in records maintained by secretary of state.
Sec. 204a.
(1) The secretary of state shall create and maintain a computerized central file that provides an individual historical driving record for a person with respect to all of the following:
(a) A license issued to the person under chapter 3.
(b) A conviction, civil infraction determination, or other licensing action that is entered against the person for a violation of this act or a local ordinance substantially corresponding to a provision of this act, or that is reported to the secretary of state by another jurisdiction.
(c) A failure of the person, including a nonresident, to comply with a suspension issued pursuant to section 321a.
(d) A cancellation, denial, revocation, suspension, or restriction of the person's operating privilege, a failure to pay a department of state driver responsibility fee, or other licensing action regarding that person, under this act or that is reported to the secretary of state by another jurisdiction. This subdivision also applies to nonresidents.
(e) An accident in which the person is involved.
(f) A conviction of the person for an offense described in section 319e.
(g) Any driving record requested and received by the secretary of state under section 307.
(h) Any notice given by the secretary of state and the information provided in that notice under section 317(3) or (4).
(i) Any other information received by the secretary of state regarding the person that is required to be maintained as part of the person's driving record as provided by law.
(2) A secretary of state certified computer-generated or paper copy of an order, record, or paper maintained in the computerized central file of the secretary of state is admissible in evidence in the same manner as the original and is prima facie proof of the contents of and the facts stated in the original.
(3) An order, record, or paper generated by the computerized central file of the secretary of state may be certified electronically by the generating computer. The certification shall be a certification of the order, record, or paper as it appeared on a specific date.
(4) A court or the office of the clerk of a court of this state which is electronically connected by a terminal device to the computerized central file of the secretary of state may receive into and use as evidence in any case the computer-generated certified information obtained by the terminal device from the file. A duly authorized employee of a court of record of this state may order a record for an individual from a secretary of state computer terminal device located in, and under the control of, the court, and certify in writing that the document was produced from the terminal and that the document was not altered in any way.
(5) After receiving a request for information contained in records maintained under this section, the secretary of state shall provide the information, in a form prescribed by the secretary of state, to any of the following:
(a) Another state.
(b) The United States secretary of transportation.
(c) The person who is the subject of the record.
(d) A motor carrier employer or prospective motor carrier employer, but only if the person who is the subject of the record is first notified of the request as prescribed by the secretary of state.
(e) An authorized agent of a person or entity listed in subdivisions (a) to (d).
History: Add. 1953, Act 215, Eff. Oct. 2, 1953 ;-- Am. 1968, Act 278, Imd. Eff. July 1, 1968 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1993, Act 359, Eff. Sept. 1, 1994 ;-- Am. 1996, Act 102, Imd. Eff. Mar. 5, 1996 ;-- Am. 1998, Act 346, Eff. Oct. 1, 1999 ;-- Am. 1999, Act 73, Eff. Oct. 1, 1999 ;-- Am. 2004, Act 362, Imd. Eff. Oct. 4, 2004