(a) To initiate an NDR file check, an individual who is employed or seeking employment as a motor vehicle operator; who has applied for or received an airman's certificate; who is employed or seeking employment as a locomotive operator; who holds or has applied for a license, certificate of registry, or a merchant mariner's document or is an officer, chief warrant officer, or enlisted member of the U.S. Coast Guard or Coast Guard Reserve; or who is seeking employment as pilot with an air carrier; or an individual subject to a personnel security investigation; shall either:
(1) Complete, sign and submit a request for an NDR file check directly to the chief driver licensing official of a participating State in accordance with procedures established by that State for this purpose; or
(2) Authorize, by completing and signing a written consent, the authorized NDR user to request a file check through the chief driver licensing official of a participating State in accordance with the procedures established by that State for this purpose.
(b) If the authorized NDR user is an employer or prospective employer of a motor vehicle operator, the request for an NDR file check must be submitted through the chief driver licensing official of the State in which the individual is licensed to operate a motor vehicle.
(c) If the authorized NDR user is the head of a Federal department or agency, the request for an NDR file check may be submitted instead directly to the NDR in accordance with procedures established by the NDR for this purpose.
(d) The request for an NDR file check or the written consent, whichever is used, must:
(1) State that the NDR records are to be released;
(2) State as specifically as possible who is authorized to receive the records;
(3) Be signed and dated by the individual (or the individual's legal representative as appropriate);
(4) Specifically state that the authorization is valid for only one search of the NDR (or in the case of a personnel security investigation state that the authorization is valid only for the duration of the investigation); and
(5) Except for inquiries concerning personnel security investigations, specifically state that the NDR identifies probable matches that require further inquiry for verification; that it is recommended, but not required, that the employer/prospective employer verify matches with the State of Record; and that individuals have the right to request records regarding themselves from the NDR to verify their accuracy. [64 FR 19273, Apr. 20, 1999, as amended at 70 FR 52299, Sept. 2, 2005]
Sec. Appendix A to Part 1327--Abridged Listing of the American
Association of Motor Vehicle Administrators Violations Exchange Code,
Used by the NDR for Recording Driver License Denials, Withdrawals, and
Convictions of Motor Vehicle-Related Offenses
Code
Part I--For Cause Withdrawals A04 Driving under the influence of alcohol with BAC at or over .04A08 Driving under the influence of alcohol with BAC at or over .08A10 Driving under the influence of alcohol with BAC at or over .10A11 Driving under the influence of alcohol with BAC at or over -- (detail field required) A12 Refused to submit to test for alcohol--Implied Consent LawA20 Driving under the influence of alcohol or drugsA21 Driving under the influence of alcoholA22 Driving under the influence of drugsA23 Driving under the influence of alcohol and drugsA24 Driving under the influence of medication not intended to intoxicateA25 Driving while impairedA26 Drinking alcohol while operating a vehicleA31 Illegal possession of alcoholA33 Illegal possession of drugs (controlled substances)A35 Possession of open alcohol containerA41 Driver violation of ignition interlock or immobilization deviceA50 Motor vehicle used in the commission of a felony involving the manufacturing, distributing, or dispensing of a controlled substanceA60 Underage Convicted of Drinking and Driving at .02 or higher BACA61 Underage Administrative Per Se--Drinking and Driving at .02 or higher BACA90 Administrative Per Se for .10 BACA94 Administrative Per Se for .04 BACA98 Administrative Per Se for .08 BACB01 Hit and run--failure to stop and render aid after accidentB02 Hit and run--failure to stop and render aid after accident--Fatal accidentB03 Hit and run--failure to stop and render aid after accident--Personal injury accidentB04 Hit and run--failure to stop and render aid after accident--Property damage accidentB05 Leaving accident scene before police arriveB06 Leaving accident scene before police arrive--Fatal accidentB07 Leaving accident scene before police arrive--Personal injury accidentB08 Leaving accident scene before police arrive--Property damage accidentB14 Failure to reveal identity after fatal or personal injury accidentB19 Driving while out of service order is in effect and transporting 16 or more passengers including the driver and/or transporting hazardous materials that require a placardB20 Driving while license withdrawnB21 Driving while license barredB22 Driving while license canceledB23 Driving while license deniedB24 Driving while license disqualifiedB25 Driving while license revokedB26 Driving while license suspendedB27 General, driving while an out of service order is in effect (for violations not covered by B19)B41 Possess or provide counterfeit or altered driver license (includes DL, CDL, and Instruction Permit) or IDB51 Expired or no driver license (includes DL, CDL, and Instruction Permit)B56 Driving a CMV without obtaining a CDLB63 Failed to file future proof of financial responsibilityB91 Improper classification or endorsement on driver license (includes DL, CDL, and Instruction Permit)D02 Misrepresentation of identity or other facts on application for driver license (includes DL, CDL, and Instruction Permit)D06 Misrepresentation of identity or other facts to obtain alcoholD07 Possess multiple driver licenses (includes DL, CDL, and Instruction Permit)D16 Show or use improperly--Driver license (includes DL, CDL, and Instruction Permit)D27 Violate limited license conditionsD29 Violate restrictions of driver license (includes DL, CDL, and Instruction Permit)D35 Failure to comply with financial responsibility lawD38 Failure to post security or obtain release from liabilityD39 Unsatisfied judgmentD45 Failure to appear for trial or court appearanceD53 Failure to make required payment of fine and costsD56 Failure to answer a citation, pay fines, penalties and/or costs related to the original violationD72 Inability to control vehicleD74 Operating a motor vehicle improperly because of drowsinessD75 Operating a motor vehicle improperly due to physical or mental disabilityD78 Perjury about the operation of a motor vehicleE03 Operating without HAZMAT safety equipment as required by lawF02 Child or youth restraint not used properly as requiredF03 Motorcycle safety equipment not used properly as requiredF04 Seat belt not used properly as requiredF05 Carrying unsecured passengers in open area of vehicleF06 Improper operation of or riding on a motorcycleM09 Failure to obey railroad crossing restrictionsM10 For all drivers, failure to obey a traffic control device or the directions of an enforcement official at a railroad-highway grade crossingM20 For drivers who are not required to always stop, failure to slow down at a railroad-highway grade crossing and check that tracks are clear of approaching train M21 For drivers who are not required to always stop, failure to stop before reaching tracks at a railroad-highway grade crossing when the tracks are not clearM22 For drivers who are always required to stop, failure to stop as required before driving onto railroad-highway grade crossingM23 For all drivers, failing to have sufficient space to drive completely through the railroad-highway grade crossing without stoppingM24 For all drivers, failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearanceM80 Reckless, careless, or negligent drivingM81 Careless drivingM82 Inattentive drivingM83 Negligent drivingM84 Reckless drivingS01 01-05 Speed limit (detail optional)S06 06-10 Speed limit (detail optional)S15 Speeding 15 mph or more above speed limit (detail optional)S16 16-20 Speed limit (detail optional)S21 21-25 Speed limit (detail optional)S26 26-30 Speed limit (detail optional)S31 31-35 Speed limit (detail optional)S36 36-40 Speed limit (detail optional)S41 41+ Speed limit (detail optional)S51 01-10 Speed limit (detail optional)S71 21-30 Speed limit (detail optional)S81 31-40 Speed limit (detail optional)S91 41+ Speed limit (detail optional)S92 Speeding--Speed limit and actual speed (detail required)S93 SpeedingS94 Prima Facie speed violation or driving too fast for conditionsS95 Speed contest (racing) on road open to trafficS97 Operating at erratic or suddenly changing speedsU01 Fleeing or evading police or roadblockU02 Resisting arrestU03 Using a motor vehicle in connection with a felony (not traffic offense)U05 Using a motor vehicle to aid and abet a felonU06 Vehicular assaultU07 Vehicular homicideU08 Vehicular manslaughterU09 Negligent homicide while operating a CMVU10 Causing a fatality through the negligent operation of a CMVU31 Violation resulting in fatal accidentW01 Accumulation of convictions (including point systems and/or being judged a habitual offender or violator)W14 Physical or mental disabilityW20 Unable to pass DL test(s) or meet qualificationsW30 Two serious violations within three yearsW31 Three serious violations within three yearsW40 The accumulation of two or more major offensesW41 An additional major offense after reinstatementW50 The accumulation of two out-of-service order general violations (violations not covered by W51) within ten yearsW51 The accumulation of two out-of-service order violations within ten years while transporting 16 or more passengers, including the driver and/or transporting hazardous materials that require a placardW52 The accumulation of three or more out-of-service order violations within ten yearsW60 The accumulation of two RRGC violations within three years.W61 The accumulation of three or more RRGC violations within three years.W70 Imminent hazard
Part II--Convictions A04 Driving under the influence of alcohol with BAC at or over .04A08 Driving under the influence of alcohol with BAC at or over .08A10 Driving under the influence of alcohol with BAC at or over .10A11 Driving under the influence of alcohol with BAC at or over---- (detail field required)A12 Refused to submit to test for alcohol--Implied Consent LawA20 Driving under the influence of alcohol or drugsA21 Driving under the influence of alcoholA22 Driving under the influence of drugsA23 Driving under the influence of alcohol and drugsA24 Driving under the influence of medication not intended to intoxicateA25 Driving while impairedA26 Drinking alcohol while operating a vehicleA31 Illegal possession of alcoholA33 Illegal possession of drugs (controlled substances)A35 Possession of open alcohol containerA41 Driver violation of ignition interlock or immobilization deviceA50 Motor vehicle used in the commission of a felony involving the manufacturing, distributing, or dispensing of a controlled substanceA60 Underage Convicted of Drinking and Driving at .02 or higher BACA61 Underage Administrative Per Se--Drinking and Driving at .02 or higher BACA90 Administrative Per Se for .10 BACA94 Administrative Per Se for .04 BACA98 Administrative Per Se for .08 BACB01 Hit and run--failure to stop and render aid after accidentB02 Hit and run--failure to stop and render aid after accident--Fatal accident B03 Hit and run--failure to stop and render aid after accident--Personal injury accidentB04 Hit and run--failure to stop and render aid after accident--Property damage accidentB05 Leaving accident scene before police arriveB06 Leaving accident scene before police arrive--Fatal accidentB07 Leaving accident scene before police arrive--Personal injury accidentB08 Leaving accident scene before police arrive--Property damage accidentB14 Failure to reveal identity after fatal or personal injury accidentB19 Driving while out of service order is in effect and transporting 16 or more passengers including the driver and/or transporting hazardous materials that require a placardB20 Driving while license withdrawnB21 Driving while license barredB22 Driving while license canceledB23 Driving while license deniedB24 Driving while license disqualifiedB25 Driving while license revokedB26 Driving while license suspendedB27 General, driving while an out of service order is in effect (for violations not covered by B19)B41 Possess or provide counterfeit or altered driver license (includes DL, CDL, and Instruction Permit) or IDB51 Expired or no driver license (includes DL, CDL, and Instruction Permit)B56 Driving a CMV without obtaining a CDLB91 Improper classification or endorsement on driver license (includes DL, CDL, and Instruction Permit)D02 Misrepresentation of identity or other facts on application for driver license (includes DL, CDL, and Instruction Permit)D06 Misrepresentation of identity or other facts to obtain alcoholD07 Possess multiple driver licenses (includes DL, CDL, and Instruction Permit)D16 Show or use improperly--Driver license (includes DL, CDL, and Instruction Permit)D27 Violate limited license conditionsD29 Violate restrictions of driver license (includes DL, CDL, and Instruction Permit)D72 Inability to control vehicleD78 Perjury about the operation of a motor vehicleE03 Operating without HAZMAT safety equipment as required by lawM09 Failure to obey railroad crossing restrictionsM10 For all drivers, failure to obey a traffic control device or the directions of an enforcement official at a railroad-highway grade crossingM20 For drivers who are not required to always stop, failure to slow down at a railroad-highway grade crossing and check that tracks are clear of approaching train.M21 For drivers who are not required to always stop, failure to stop before reaching tracks at a railroad-highway grade crossing when the tracks are not clearM22 For drivers who are always required to stop, failure to stop as required before driving onto railroad-highway grade crossingM23 For all drivers, failing to have sufficient space to drive completely through the railroad-highway grade crossing without stoppingM24 For all drivers, failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearanceM80 Reckless, careless, or negligent drivingM81 Careless drivingM82 Inattentive drivingM83 Negligent drivingM84 Reckless drivingS95 Speed contest (racing) on road open to trafficU07 Vehicular homicideU08 Vehicular manslaughterU09 Negligent homicide while operating a CMVU10 Causing a fatality through the negligent operation of a CMVU31 Violation resulting in fatal accident [70 FR 43756, July 29, 2005]
Sec. Appendix B to Part 1327--OMB Clearance
The OMB clearance number of this regulation is OMB 2127-0001.