53-3-109 - Records -- Access -- Fees -- Rulemaking.
53-3-109. Records -- Access -- Fees -- Rulemaking.
(1) (a) Except as provided in this section, all records of the division shall be classifiedand disclosed in accordance with Title 63G, Chapter 2, Government Records Access andManagement Act.
(b) The division may only disclose personal identifying information:
(i) when the division determines it is in the interest of the public safety to disclose theinformation; and
(ii) in accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C.Chapter 123.
(c) The division may disclose personal identifying information:
(i) to a licensed private investigator holding a valid agency license, with a legitimatebusiness need;
(ii) to an insurer, insurance support organization, or a self-insured entity, or its agents,employees, or contractors that issues any motor vehicle insurance under Title 31A, Chapter 22,Part 3, Motor Vehicle Insurance, for use in connection with claims investigation activities,antifraud activities, rating, or underwriting for any person issued a license certificate under thischapter; or
(iii) to a depository institution as defined in Section 7-1-103 for use in accordance withthe federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123.
(2) (a) A person who receives personal identifying information shall be advised by thedivision that the person may not:
(i) disclose the personal identifying information from that record to any other person; or
(ii) use the personal identifying information from that record for advertising orsolicitation purposes.
(b) Any use of personal identifying information by an insurer or insurance supportorganization, or by a self-insured entity or its agents, employees, or contractors not authorized bySubsection (1)(c)(ii) is:
(i) an unfair marketing practice under Section 31A-23a-402; or
(ii) an unfair claim settlement practice under Subsection 31A-26-303(3).
(3) (a) Notwithstanding the provisions of Subsection (1)(b), the division or its designeemay disclose portions of a driving record, in accordance with this Subsection (3), to an insurer asdefined under Section 31A-1-301, or a designee of an insurer, for purposes of assessing drivingrisk on the insurer's current motor vehicle insurance policyholders.
(b) The disclosure under Subsection (3)(a) shall:
(i) include the licensed driver's name, driver license number, date of birth, and anindication of whether the driver has had a moving traffic violation that is a reportable violation,as defined under Section 53-3-102 during the previous month;
(ii) be limited to the records of drivers who, at the time of the disclosure, are coveredunder a motor vehicle insurance policy of the insurer; and
(iii) be made under a contract with the insurer or a designee of an insurer.
(c) The contract under Subsection (3)(b)(iii) shall specify:
(i) the criteria for searching and compiling the driving records being requested;
(ii) the frequency of the disclosures;
(iii) the format of the disclosures, which may be in bulk electronic form; and
(iv) a reasonable charge for the driving record disclosures under this Subsection (3).
(4) The division may:
(a) collect fees in accordance with Section 53-3-105 for searching and compiling its filesor furnishing a report on the driving record of a person;
(b) prepare under the seal of the division and deliver upon request, a certified copy of anyrecord of the division, and charge a fee under Section 63J-1-504 for each documentauthenticated; and
(c) charge reasonable fees established in accordance with the procedures andrequirements of Section 63J-1-504 for disclosing personal identifying information underSubsection (1)(c).
(5) Each certified copy of a driving record furnished in accordance with this section isadmissible in any court proceeding in the same manner as the original.
(6) (a) A driving record furnished under this section may only report on the drivingrecord of a person for a period of 10 years.
(b) Subsection (6)(a) does not apply to court or law enforcement reports and to reports ofcommercial driver license violations.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision may make rules to designate:
(a) what information shall be included in a report on the driving record of a person;
(b) the form of a report or copy of the report which may include electronic format;
(c) the form of a certified copy, as required under Section 53-3-216, which may includeelectronic format;
(d) the form of a signature required under this chapter which may include electronicformat;
(e) the form of written request to the division required under this chapter which mayinclude electronic format;
(f) the procedures, requirements, and formats for disclosing personal identifyinginformation under Subsection (1)(c); and
(g) the procedures, requirements, and formats necessary for the implementation ofSubsection (3).
Amended by Chapter 183, 2009 General Session