Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R708. Public Safety, Driver License.

Rule R708-36. Disclosure of Personal Identifying Information in MVRs.

As in effect on October 1, 2019

Table of Contents

R708-36-1. Purpose.

One of the responsibilities of the division is to compile information regarding the driving record of licensed drivers in Utah. This information is searched, compiled and summarized by the division in a report called a Motor Vehicle Record (MVR). The MVR contains certain personal identifying information and is protected from public disclosure for privacy reasons in accordance with the federal Driver Privacy Protection Act of 1994 (DPPA), Section 53-3-109 and Title 63G, Chapter 2 (Government Records Access and Management Act). However, such laws provide for limited public disclosure of such information because the Division Director has determined it is in the best interest of pubic safety in order to protect the public against fraud and misuse of the MVR. It is the purpose of this rule to set forth the contents of the MVR and the procedure to be followed in disclosing it.

R708-36-2. Authority.

This rule is authorized by Section 53-3-109(5).

R708-36-3. Content of MVRs.

(1) The personal identifying information contained in an MVR consists of the driver name, driver license number, and in certain circumstances, the driver address.

(2) The driver name and driver license number will appear on every MVR released by the division to qualified requesters.

(3) Driver address will appear only on MVRs released to licensed private investigators or investigative agencies certified by the Department of Public Safety. The division may make exceptions to this procedure, provided the exception falls under a permissible use set forth in the DPPA.

(4) All MVRs will contain the driver's 5-digit zip code, date of birth, military status, license status, license issue/expiration dates, license class, endorsements, reportable arrests, convictions, reportable department actions, and reportable failure to appear/comply notations.

R708-36-4. Disclosure Procedure.

(1) When properly requested to do so the division will search its driver license files and then compile and furnish an MVR on any person licensed in the state.

(2) MVRs shall only be released to qualified requesters in accordance with the DPPA.

(3) In order to receive an MVR, the requester must:

(a) provide acceptable proof of identification such as a driver license, official identification card, or other official documentation. The division may also require other forms of identification as needed;

(b) declare one or more permissible uses within the DPPA under which the requester is qualified to receive the information. The division will provide a list of the permissible uses for the requester to review if necessary. The division may determine that the requester is not entitled to receive an MVR if the division has reason to believe the declaration is invalid, or that any other condition in this rule has not been met;

(c) provide sufficient information to locate the driver records;

(d) pay appropriate fees in a manner approved by the division; and

(e) agree to comply with state and federal laws regulating re-sale and further disclosure of information on an MVR.

R708-36-5. Bulk Requests.

Bulk customers (generally those requesting 50 or more MVRs at a time) may meet the conditions in this rule by contracting with the division.

R708-36-6. Electronic Transactions.

Requests for MVRs may be transacted electronically as approved by the division.

KEY

driver license, motor vehicle record, privacy

Date of Enactment or Last Substantive Amendment

June 1, 2000

Notice of Continuation

March 10, 2015

Authorizing, Implemented, or Interpreted Law

53-3-109(5)


Additional Information

Contact

For questions regarding the content or application of rules under Title R708, please contact the promulgating agency (Public Safety, Driver License). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.