Law Journals and Reviews
Intextication: Txting Whl Drvng. Does the Punishment Fit the Crime? 32 UH L. Rev. 359 (2010).
§286-245 Driving record information to be recorded and furnished. (a) Whenever a person is convicted of a moving traffic violation based on a statute, ordinance, or rule, fails to appear for a hearing, trial, or other court or administrative proceeding on the moving traffic violation, or fails to pay a fine or court cost ordered for a moving violation, the state judiciary shall forward to the examiner of drivers the record of the conviction. The record of conviction shall include whether the offender was operating a commercial motor vehicle at the time of the offense, whether the offender was transporting hazardous materials requiring placarding under title 49 Code of Federal Regulations part 172, subpart F, the citation date, the conviction date, the citation number, the court in which the conviction occurred, and the offenses for which the person has been convicted. No record of conviction transmitted and maintained in the statewide traffic records system shall be used for purposes other than the licensing of drivers, including any record of:
(1) Driving a motor vehicle under the influence of alcohol, a controlled substance, or any drug that impairs driving ability;
(2) Driving a commercial motor vehicle while the alcohol concentration of the driver's blood is 0.04 or more grams of alcohol per two hundred ten liters of breath or 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood;
(3) Refusing to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle as required under sections 286-243 and 291E-11;
(4) Using a motor vehicle in the commission of any felony;
(5) Leaving the scene of an accident involving the motor vehicle driven by the person;
(6) Unlawful transportation, possession, or use of a controlled substance while on duty;
(7) Driving a commercial motor vehicle if, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial learner's permit or commercial driver's license has been revoked, suspended, or canceled, or the driver has been otherwise disqualified from operating a commercial motor vehicle; or
(8) Causing a fatality through the operation of a commercial motor vehicle, including in the commission of the crimes of manslaughter and negligent homicide in any degree.
(b) Within ten days of an in-state conviction and within ten days of the receipt of notice of an out-of-state conviction, the examiner of drivers shall record and maintain as part of the driver's record:
(1) All convictions, disqualifications, and other licensing actions for violations in this State and out-of-state, of any law relating to motor vehicle traffic control, other than a parking violation, committed in any type of vehicle, by a holder of a commercial learner's permit or a commercial driver's license; and
(2) All convictions, disqualifications, and other licensing actions for violations in this State and out-of-state, of any law relating to motor vehicle traffic control, other than a parking violation, committed while the driver was operating a commercial motor vehicle and was required to have a commercial learner's permit or commercial driver's license.
(c) No commercial learner's permit or commercial driver's license driver's conviction for any violation in any type of motor vehicle of a state or local traffic control law, except a parking violation, shall be expunged or subject to deferred imposition of judgment nor shall an individual be allowed to enter into a diversion program that would prevent the conviction from appearing on the driver's driving record, whether the driver was convicted for an offense committed in this State or another state.
(d) The state judiciary and the examiner of drivers shall make available to the greatest extent possible information from any driver's record required for enforcement of this section to the users designated in subsection (f) or their authorized agent, within ten days of:
(1) Receiving the conviction or disqualification information from another state; or
(2) Receiving the conviction information for a violation occurring in this State.
(e) All convictions, disqualifications, and other licensing actions for violations shall be retained on each driver's record for at least three years or longer if required under title 49 Code of Federal Regulations section 384.231(d).
(f) Only the following users or their authorized agents may obtain a driver's record:
(1) States may receive all information regarding any driver's record;
(2) The Secretary of Transportation may receive all information regarding any driver's record;
(3) A driver may receive only information related to that driver's record; and
(4) A motor carrier employer or prospective motor carrier employer may receive all information regarding an employee driver's driving record, or the driving record of a prospective employee driver; provided that the request is made by the driver.
(g) The traffic violations bureaus of the district courts, upon request, shall furnish users designated in subsection (f) with a certified driver record listing all convictions, disqualifications, and licensing actions in this State and notification of any action received from other states that are recorded and maintained by the examiner of drivers. The traffic violations bureaus shall collect a fee for requests by users designated in subsection (f)(3) and (4), not to exceed $9, of which $5 shall be deposited into the general fund, $2 shall be deposited into the judiciary computer system special fund, and $2 shall be deposited into the highway fund.
(h) Beginning January 30, 2012, the examiner of drivers shall:
(1) Post on the commercial driver's license information system and maintain as part of the driver's record the driver's self-certification of type of driving under title 49 Code of Federal Regulations section 383.71(a)(1)(ii);
(2) Retain for at least three years after the date of issuance the original or a copy of the medical certificate of any driver required to provide documentation of physical qualification;
(3) Post within ten calendar days the information from the medical examiner's certificate to the commercial driver's license information system driver record, including:
(A) The medical examiner's name;
(B) The medical examiner's telephone number;
(C) The date of issuance of the medical examiner's certificate;
(D) The medical examiner's license number and the state that issued it;
(E) The medical examiner's number issued by the national registry of medical examiners as required under title 49 United States Code section 31149(d);
(F) The driver's medical certification status as certified or not-certified;
(G) The expiration date of the medical examiner's certificate;
(H) The existence of any medical variance on the medical certificate, such as an exemption or skill performance evaluation;
(I) Any restrictions including corrective lenses, hearing aids, or a requirement to have possession of an exemption letter or skill performance evaluation certificate while on duty; and
(J) The date the medical examiner's certificate information was posted to the commercial driver's license information system driver record; and
(4) Record the commercial driver's license downgrade within sixty days of the driver's medical certification status becoming not-certified to operate a commercial driver's license. [L 1989, c 320, pt of §2; am L 1990, c 342, §15; am L 1993, c 268, §8; am L 1995, c 114, §8; am L 2004, c 103, §11; am L 2006, c 130, §9; am L 2011, c 121, §7; am L 2013, c 114, §15]
Section: Previous 286-241 286-241.4 286-241.5 286-241.6 286-242 286-243 286-244 286-245 286-246 286-247 286-248 286-249 286-251-to-266 286-271 286-301 NextLast modified: October 27, 2016