46.2-208 - Records of Department; when open for inspection; release of privileged information.
§ 46.2-208. Records of Department; when open for inspection;release of privileged information.
A. All records in the office of the Department containing thespecific classes of information outlined below shall be considered privilegedrecords:
1. Personal information, including all data defined as"personal information" in § 2.2-3801;
2. Driver information, including all data that relates todriver's license status and driver activity; and
3. Vehicle information, including all descriptive vehicle dataand title, registration, and vehicle activity data.
B. The Commissioner shall release such information only underthe following conditions:
1. Notwithstanding other provisions of this section, medicaldata included in personal data shall be released only to a physician, physicianassistant, or nurse practitioner as provided in § 46.2-322.
2. Insurance data may be released as specified in §§ 46.2-372,46.2-380, and 46.2-706.
3. Notwithstanding other provisions of this section,information disclosed or furnished shall be assessed a fee as specified in §46.2-214.
4. When the person requesting the information is (i) thesubject of the information, (ii) the parent or guardian of the subject of theinformation, (iii) the authorized representative of the subject of theinformation, or (iv) the owner of the vehicle that is the subject of theinformation, the Commissioner shall provide him with the requested informationand a complete explanation of it. Requests for such information need not bemade in writing or in person and may be made orally or by telephone, providedthat the Department is satisfied that there is adequate verification of therequester's identity. When so requested in writing by (a) the subject of theinformation, (b) the parent or guardian of the subject of the information, (c)the authorized representative of the subject of the information, or (d) theowner of the vehicle that is the subject of the information, the Commissioner shallverify and, if necessary, correct the personal information provided and furnishdriver and vehicle information in the form of an abstract of the record.
5. On the written request of any insurance carrier, surety, orrepresentative of an insurance carrier or surety, the Commissioner shallfurnish such insurance carrier, surety, or representative an abstract of therecord of any person subject to the provisions of this title. The abstractshall include any record of any conviction of a violation of any provision ofany statute or ordinance relating to the operation or ownership of a motorvehicle or of any injury or damage in which he was involved and a report ofwhich is required by § 46.2-372. No such report of any conviction or accidentshall be made after 60 months from the date of the conviction or accidentunless the Commissioner or court used the conviction or accident as a reasonfor the suspension or revocation of a driver's license or driving privilege, inwhich case the revocation or suspension and any conviction or accidentpertaining thereto shall not be reported after 60 months from the date that thedriver's license or driving privilege has been reinstated. This abstract shallnot be admissible in evidence in any court proceedings.
6. On the written request of any business organization or itsagent, in the conduct of its business, the Commissioner shall compare personalinformation supplied by the business organization or agent with that containedin the Department's records and, when the information supplied by the businessorganization or agent is different from that contained in the Department'srecords, provide the business organization or agent with correct information ascontained in the Department's records. Personal information provided under thissubdivision shall be used solely for the purpose of pursuing remedies thatrequire locating an individual.
7. The Commissioner shall provide vehicle information to anybusiness organization or agent on such business' or agent's written request.Disclosures made under this subdivision shall not include any personalinformation and shall not be subject to the limitations contained insubdivision 6 of this subsection.
8. On the written request of any motor vehicle rental orleasing company or its designated agent, the Commissioner shall (i) comparepersonal information supplied by the company or agent with that contained inthe Department's records and, when the information supplied by the company oragent is different from that contained in the Department's records, provide thecompany or agent with correct information as contained in the Department'srecords and (ii) provide the company or agent with driver information in theform of an abstract of any person subject to the provisions of this title. Suchabstract shall include any record of any conviction of a violation of anyprovision of any statute or ordinance relating to the operation or ownership ofa motor vehicle or of any injury or damage in which the subject of the abstractwas involved and a report of which is required by § 46.2-372. No such abstractshall include any record of any conviction or accident more than 60 monthsafter the date of such conviction or accident unless the Commissioner or courtused the conviction or accident as a reason for the suspension or revocation ofa driver's license or driving privilege, in which case the revocation orsuspension and any conviction or accident pertaining thereto shall cease to beincluded in such abstract after 60 months from the date on which the driver'slicense or driving privilege was reinstated. No abstract released under thissubdivision shall be admissible in evidence in any court proceedings.
9. On the request of any federal, state, or local governmentalentity, local government group self-insurance pool, law-enforcement officer,attorney for the Commonwealth, court, or the authorized agent of any of theforegoing, the Commissioner shall (i) compare personal information supplied bythe governmental entity, local government group self-insurance pool,law-enforcement officer, attorney for the Commonwealth, court, or theauthorized agent of any of the foregoing, with that contained in theDepartment's records and, when the information supplied by the governmentalentity, local government group self-insurance pool, law-enforcement officer,attorney for the Commonwealth, court, or the authorized agent of any of theforegoing, is different from that contained in the Department's records,provide the governmental entity, local government group self-insurance pool,law-enforcement officer, attorney for the Commonwealth, court, or theauthorized agent of any of the foregoing, with correct information as containedin the Department's records and (ii) provide driver and vehicle information in theform of an abstract of the record showing all convictions, accidents, driver'slicense suspensions or revocations, and other appropriate information as thegovernmental entity, local government group self-insurance pool,law-enforcement officer, attorney for the Commonwealth, court, or theauthorized agent of any of the foregoing, may require in order to carry out itsofficial functions. The abstract shall be provided free of charge.
10. On request of the driver licensing authority in any otherstate or foreign country, the Commissioner shall provide whatever classes ofinformation the requesting authority shall require in order to carry out itsofficial functions. The information shall be provided free of charge.
11. On the written request of any employer, prospectiveemployer, or authorized agent of either, and with the written consent of theindividual concerned, the Commissioner shall (i) compare personal informationsupplied by the employer, prospective employer, or agent with that contained inthe Department's records and, when the information supplied by the employer,prospective employer, or agent is different from that contained in theDepartment's records, provide the employer, prospective employer, or agent withcorrect information as contained in the Department's records and (ii) providethe employer, prospective employer, or agent with driver information in theform of an abstract of an individual's record showing all convictions,accidents, driver's license suspensions or revocations, and any type ofdriver's license that the individual currently possesses, provided that theindividual's position or the position that the individual is being consideredfor involves the operation of a motor vehicle.
12. On the written request of any member of or applicant formembership in a volunteer fire company or volunteer rescue squad, theCommissioner shall (i) compare personal information supplied by the volunteerfire company or volunteer rescue squad with that contained in the Department'srecords and, when the information supplied by the volunteer fire company orvolunteer rescue squad is different from that contained in the Department'srecords, provide the volunteer fire company or volunteer rescue squad withcorrect information as contained in the Department's records and (ii) providedriver information in the form of an abstract of the member's or applicant'srecord showing all convictions, accidents, license suspensions or revocations,and any type of driver's license that the individual currently possesses. Suchabstract shall be provided free of charge if the request is accompanied byappropriate written evidence that the person is a member of or applicant formembership in a volunteer fire company or volunteer rescue squad and theabstract is needed by a volunteer fire company or volunteer rescue squad toestablish the qualifications of the member or applicant to operate equipmentowned by the volunteer fire company or volunteer rescue squad.
13. On the written request of any person who has applied to bea volunteer with a Virginia affiliate of Big Brothers/Big Sisters of America,the Commissioner shall (i) compare personal information supplied by a Virginiaaffiliate of Big Brothers/Big Sisters of America with that contained in theDepartment's records and, when the information supplied by a Virginia affiliateof Big Brothers/Big Sisters of America is different from that contained in theDepartment's records, provide the Virginia affiliate of Big Brothers/BigSisters of America with correct information as contained in the Department'srecords and (ii) provide driver information in the form of an abstract of theapplicant's record showing all convictions, accidents, license suspensions orrevocations, and any type of driver's license that the individual currentlypossesses. Such abstract shall be provided at a fee that is one-half the normalcharge if the request is accompanied by appropriate written evidence that theperson has applied to be a volunteer with a Virginia affiliate of BigBrothers/Big Sisters of America.
14. On the written request of any person who has applied to bea volunteer with a court-appointed special advocate program pursuant to §9.1-153, the Commissioner shall provide an abstract of the applicant's recordshowing all convictions, accidents, license suspensions or revocations, and anytype of driver's license that the individual currently possesses. Such abstractshall be provided free of charge if the request is accompanied by appropriatewritten evidence that the person has applied to be a volunteer with acourt-appointed special advocate program pursuant to § 9.1-153.
15. Upon the request of any employer, prospective employer, orauthorized representative of either, the Commissioner shall (i) comparepersonal information supplied by the employer, prospective employer, or agentwith that contained in the Department's records and, when the informationsupplied by the employer, prospective employer, or agent is different from thatcontained in the Department's records, provide the employer, prospectiveemployer, or agent with correct information as contained in the Department'srecords and (ii) provide driver information in the form of an abstract of thedriving record of any individual who has been issued a commercial driver's license,provided that the individual's position or the position that the individual isbeing considered for involves the operation of a commercial motor vehicle. Suchabstract shall show all convictions, accidents, license suspensions,revocations, or disqualifications, and any type of driver's license that theindividual currently possesses.
16. Upon the receipt of a completed application and payment ofapplicable processing fees, the Commissioner may enter into an agreement withany governmental authority or business to exchange information specified inthis section by electronic or other means.
17. Upon the request of an attorney representing a person in amotor vehicle accident, the Commissioner shall provide vehicle information,including the owner's name and address, to the attorney.
18. Upon the request, in the course of business, of anyauthorized representative of an insurance company or of any not-for-profitentity organized to prevent and detect insurance fraud, or perform rating andunderwriting activities, the Commissioner shall provide to such person (i) allvehicle information, including the owner's name and address, descriptive dataand title, registration, and vehicle activity data as requested or (ii) alldriver information including name, license number and classification, date ofbirth, and address information for each driver under the age of 22 licensed inthe Commonwealth of Virginia meeting the request criteria designated by suchperson, with such request criteria consisting of driver's license number oraddress information. No such information shall be used for solicitation ofsales, marketing, or other commercial purposes.
19. Upon the request of an officer authorized to issuecriminal warrants, for the purpose of issuing a warrant for arrest for unlawfuldisposal of trash or refuse in violation of § 33.1-346, the Commissioner shallprovide vehicle information, including the owner's name and address.
20. Upon written request of the compliance agent of a privatesecurity services business, as defined in § 9.1-138, which is licensed by theDepartment of Criminal Justice Services, the Commissioner shall provide thename and address of the owner of the vehicle under procedures determined by theCommissioner.
21. Upon the request of the operator of a toll facility ortraffic light photo-monitoring system acting on behalf of a government entity, orof the Dulles Access Highway, or an authorized agent or employee of a tollfacility operator or traffic light photo-monitoring system operator acting onbehalf of a government entity or the Dulles Access Highway, for the purpose ofobtaining vehicle owner data under subsection L of § 46.2-819.1 or subsection Hof § 15.2-968.1 or subsection N of § 46.2-819.5. Information released pursuantto this subdivision shall be limited to the name and address of the registeredowner of the vehicle having failed to pay a toll or having failed to complywith a traffic light signal or having improperly used the Dulles Access Highwayand the vehicle information, including all descriptive vehicle data and titleand registration data of the same vehicle.
22. On the written request of any person who has applied to bea volunteer with a Virginia affiliate of Compeer, the Commissioner shall (i)compare personal information supplied by a Virginia affiliate of Compeer withthat contained in the Department's records and, when the information suppliedby a Virginia affiliate of Compeer is different from that contained in theDepartment's records, provide the Virginia affiliate of Compeer with correctinformation as contained in the Department's records and (ii) provide driverinformation in the form of an abstract of the applicant's record showing allconvictions, accidents, license suspensions or revocations, and any type ofdriver's license that the individual currently possesses. Such abstract shallbe provided at a fee that is one-half the normal charge if the request isaccompanied by appropriate written evidence that the person has applied to be avolunteer with a Virginia affiliate of Compeer.
23. Upon the request of the Department of EnvironmentalQuality for the purpose of obtaining vehicle owner data in connection withenforcement actions involving on-road testing of motor vehicles, pursuant to §46.2-1178.1.
24. On the written request of any person who has applied to bea volunteer vehicle operator with a Virginia chapter of the American Red Cross,the Commissioner shall (i) compare personal information supplied by a Virginiachapter of the American Red Cross with that contained in the Department'srecords and, when the information supplied by a Virginia chapter of theAmerican Red Cross is different from that contained in the Department'srecords, provide the Virginia chapter of the American Red Cross with correct informationas contained in the Department's records and (ii) provide driver information inthe form of an abstract of the applicant's record showing all convictions,accidents, license suspensions or revocations, and any type of driver's licensethat the individual currently possesses. Such abstract shall be provided at afee that is one-half the normal charge if the request is accompanied byappropriate written evidence that the person has applied to be a volunteervehicle operator with a Virginia chapter of the American Red Cross.
25. On the written request of any person who has applied to bea volunteer vehicle operator with a Virginia chapter of the Civil Air Patrol,the Commissioner shall (i) compare personal information supplied by a Virginiachapter of the Civil Air Patrol with that contained in the Department's recordsand, when the information supplied by a Virginia chapter of the Civil AirPatrol is different from that contained in the Department's records, providethe Virginia chapter of the Civil Air Patrol with correct information ascontained in the Department's records and (ii) provide driver information inthe form of an abstract of the applicant's record showing all convictions,accidents, license suspensions or revocations, and any type of driver's licensethat the individual currently possesses. Such abstract shall be provided at afee that is one-half the normal charge if the request is accompanied byappropriate written evidence that the person has applied to be a volunteervehicle operator with a Virginia chapter of the Civil Air Patrol.
26. On the written request of any person who has applied to bea volunteer vehicle operator with Faith in Action, the Commissioner shall (i) comparepersonal information supplied by Faith in Action with that contained in theDepartment's records and, when the information supplied by Faith in Action isdifferent from that contained in the Department's records, provide Faith inAction with correct information as contained in the Department's records and(ii) provide driver information in the form of an abstract of the applicant'srecord showing all convictions, accidents, license suspensions or revocations,and any type of driver's license that the individual currently possesses. Suchabstract shall be provided at a fee that is one-half the normal charge if therequest is accompanied by appropriate written evidence that the person hasapplied to be a volunteer vehicle operator with Faith in Action.
27. On the written request of the surviving spouse or child ofa deceased person or the executor or administrator of a deceased person'sestate, the Department shall, if the deceased person had been issued a driver'slicense or special identification card by the Department, supply the requestorwith a hard copy image of any photograph of the deceased person kept in theDepartment's records.
C. Whenever the Commissioner issues an order to suspend orrevoke the driver's license or driving privilege of any individual, he maynotify the National Driver Register Service operated by the United StatesDepartment of Transportation and any similar national driver information systemand provide whatever classes of information the authority may require.
D. Accident reports may be inspected under the provisions of§§ 46.2-379 and 46.2-380.
E. Whenever the Commissioner takes any licensing actionpursuant to the provisions of the Virginia Commercial Driver's License Act (§46.2-341.1 et seq.), he may provide information to the Commercial DriverLicense Information System, or any similar national commercial driverinformation system, regarding such action.
F. In addition to the foregoing provisions of this section,vehicle information may also be inspected under the provisions of §§ 46.2-633,46.2-644.02, 46.2-644.03, and §§ 46.2-1200.1 through 46.2-1237.
G. The Department may promulgate regulations to govern themeans by which personal, vehicle, and driver information is requested anddisseminated.
H. Driving records of any person accused of an offenseinvolving the operation of a motor vehicle shall be provided by theCommissioner upon request to any person acting as counsel for the accused. Ifsuch counsel is from the public defender's office or has been appointed by thecourt, such records shall be provided free of charge.
I. The Department shall maintain the records of personsconvicted of violations of § 18.2-36.2, subsection B of § 29.1-738, and §§29.1-738.02, 29.1-738.2, and 29.1-738.4 which shall be forwarded by everygeneral district court or circuit court or the clerk thereof, pursuant to §46.2-383. Such records shall be electronically available to any law-enforcementofficer as provided for under clause (ii) of subdivision B 9.
(Code 1950, § 46-32; 1958, c. 541, § 46.1-31; 1964, c. 42;1976, c. 505; 1979, c. 611; 1980, c. 23; 1982, c. 226; 1986, c. 607; 1989, cc.705, 727; 1991, c. 307; 1993, cc. 48, 348; 1994, cc. 304, 700, 830, 959; 1995,cc. 118, 657, 676, 686; 1998, cc. 147, 802; 1998, Sp. Sess. I, c. 2; 2002, cc.131, 710; 2003, c. 768; 2004, cc. 811, 855; 2005, cc. 376, 443; 2006, cc. 396,846, 859; 2007, cc. 79, 156, 188, 447; 2009, c. 664; 2010, cc. 15, 175, 813,865.)