6 C.F.R. § 37.71
Driver's licenses and identification cards issued under section 202(d)(11) of the REAL ID Act
(a) Except as authorized in § 37.27, States that DHS determines are compliant with the REAL ID Act that choose to also issue driver's licenses and identification cards that are not acceptable by Federal agencies for official purposes must ensure that such driver's licenses and identification cards—
(1) Clearly state on their face and in the machine readable zone that the card is not acceptable for official purposes; and
(2) Have a unique design or color indicator that clearly distinguishes them from driver's licenses and identification cards that meet the standards of this part.
(b) DHS reserves the right to approve such designations, as necessary, during certification of compliance.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2019–2023 · leading case: In the Matter of to Establish Birth Facts of J.P. Harris ~ Appeal of: DOT (Pa. Commw. Ct. 2023).
In the Matter of to Establish Birth Facts of J.P. Harris ~ Appeal of: DOT (Pa. Commw. Ct. 2023). “(b) Subpart F[, 6 C.F.R. § 37.71 ,] establishes certain standards for [s]tate-issued driver’s licenses and [IDs] issued by [s]tates that participate in REAL ID, but that are not intended to be accepted by [f]ederal agencies for official purpose under [S]ection 202(d)(11) of the…”
Wu v. United States Citizenship & Immigr. Servs. (D. Mass. 2019). “See 6 C.F.R. § 37.71 (allowing states to issue driver’s licenses and identification cards that are not compliant with the Real ID Act); 540 C.”
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