U.S. Code » Title 49 » Subtitle SUBTITLE VI— MOTOR VEHICLE AND DRIVER PROGRAMS › Part PART A— GENERAL › Chapter CHAPTER 303— NATIONAL DRIVER REGISTER

49 U.S.C. § 30304

Reports by chief driver licensing officials

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(a)Individuals Covered.—As soon as practicable, the chief driver licensing official of each participating State shall submit to the Secretary of Transportation a report containing the information specified by subsection (b) of this section for each individual—(1) who is denied a motor vehicle operator’s license by that State for cause;(2) whose motor vehicle operator’s license is revoked, suspended, or canceled by that State for cause; or(3) who is convicted under the laws of that State of any of the following motor vehicle-related offenses or comparable offenses:(A) operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance.(B) a traffic violation arising in connection with a fatal traffic accident, reckless driving, or racing on the highways.(C) failing to give aid or provide identification when involved in an accident resulting in death or personal injury.(D) perjury or knowingly making a false affidavit or statement to officials about activities governed by a law or regulation on the operation of a motor vehicle.(b)Contents.—(1) Except as provided in paragraph (2) of this subsection, a report under subsection (a) of this section shall contain—(A) the individual’s legal name, date of birth, sex, and, at the Secretary’s discretion, height, weight, and eye and hair color;(B) the name of the State providing the information; and(C) the social security account number if used by the State for driver record or motor vehicle license purposes, and the motor vehicle operator’s license number if different from the social security account number.(2) A report under subsection (a) of this section about an event that occurs during the 2-year period before the State becomes a participating State is sufficient if the report contains all of the information that is available to the chief driver licensing official when the State becomes a participating State.(c)Time for Filing.—If a report under subsection (a) of this section is about an event that occurs—(1) during the 2-year period before the State becomes a participating State, the report shall be submitted not later than 6 months after the State becomes a participating State; or(2) after the State becomes a participating State, the report shall be submitted not later than 31 days after the motor vehicle department of the State receives any information specified in subsection (b)(1) of this section that is the subject of the report.(d)Events Occurring Before Participation.—This section does not require a State to report information about an event that occurs before the 2-year period before the State becomes a participating State.(e)Driver Record Inquiry.—Before issuing a motor vehicle operator’s license to an individual or renewing such a license, a State shall request from the Secretary information from the National Driver Register under section 30302 and the commercial driver’s license information system under section 31309 on the individual’s driving record.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 975; Pub. L. 106–159, title II, § 204, Dec. 9, 1999, 113 Stat. 1762.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

30304

23:401 (note).

Oct. 25, 1982, Pub. L. 97–364, § 205, 96 Stat. 1742.

In subsection (a), before clause (1), the words “after the date of enactment of this title [Oct. 25, 1982]” are omitted as obsolete.

In subsection (b)(1)(A), the words “(including day, month, and year)” are omitted as surplus.

In subsection (b)(2), the words “A report under subsection (a) of this section” are substituted for “any report concerning an occurrence specified in subsection (a)(1), (2), or (3) of this section” to eliminate unnecessary words.

In subsection (c), before clause (1), the words “required to be transmitted by a chief driver licensing official of a State” are omitted as surplus. In clause (1), the words “specified in subsection (a)(1), (2), or (3) of this section” are omitted as surplus. In clause (2), the words “the motor vehicle department of the State receives any information specified in subsection (b)(1) of this section that is the subject of the report” are substituted for “receipt by a State motor vehicle department of any information specified in subsection (b)(1), (2), or (3) of this section which is the subject of such report” because of the restatement.

Editorial NotesAmendments

1999—Subsec. (e). Pub. L. 106–159 added subsec. (e).

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 2000–2021 · leading case: Ramaprakash v. Fed. Aviation Admin., 346 F.3d 1121 (D.C. Cir. 2003).
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Ramaprakash v. Fed. Aviation Admin., 346 F.3d 1121 (D.C. Cir. 2003). “See 49 U.S.C. § 30304 (a). The information in the NDR is not detailed enough to show whether the offense involved is one for which a report must be filed under FAR § 61.”
Stoianoff v. Comm'r of Motor Vehs., 107 F. Supp. 2d 439 (S.D.N.Y. 2000). · cites it 2× “See 49 U.S.C. § 30304 (a). Such reports contain, for identification purposes, the SSN required by the DMV.”
Haubert v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 124 A.3d 360 (Pa. Commw. Ct. 2015). “49 U.S.C. § 30304 (e). All states have converted to the NDR Problem Driver Pointer System (PDPS).”
Flynn v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 3 A.3d 758 (Pa. Commw. Ct. 2010). “49 U.S.C. § 30304 (e). All states have converted to the NDR Problem Driver Pointer System (PDPS), which is provided for through 23 C.”
Fowler v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 2 A.3d 1282 (Pa. Commw. Ct. 2010). “Pursuant to this legislative scheme, when Licensee moved back to Pennsylvania, DOT checked his licensing status with the NDR pursuant to 49 U.S.C. § 30304 (e), which states: (e) Driver record inquiry.”
R.R. Ribnicky v. Bureau of Driver Licensing (Pa. Commw. Ct. 2020). · cites it 3× “The trial court also held that DOT 3 was “required by federal law [] to follow the [NDR] Pointer System, 49 U.S.C. §30304 (e), [] 75 Pa.C.S. §1503(a)(1)” and that the trial court was required to follow the dictates of Haubert.”
Fowler v. Com., Dept. of Transp., 2 A.3d 1282 (Pa. Commw. Ct. 2010). “Pursuant to this legislative scheme, when Licensee moved back to Pennsylvania, DOT checked his licensing status with the NDR pursuant to 49 U.S.C. § 30304 (e), which states: (e) Driver record inquiry.”
Simpson v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 173 A.3d 321 (Pa. Commw. Ct. 2017). “individual— * * * * (2) whose motor vehicle operator’s license is revoked, suspended, or canceled by that State for cause; or (3) who is convicted under the laws of that State of any of the following motor vehicle-related offenses or comparable offenses: (A) operating a motor…”
Linkosky, J. v. PennDOT, Aplt. (Pa. 2021). “” 49 U.S.C. § 30304 (e). [J-89-2020] - 7 “temporary” or “duplicate license,” the Department interprets 23 CFR § 1327.”
Linkosky, J. v. PennDOT, Aplt. (Pa. 2021). “49 U.S.C. § 30304 (e). Thus, an NDR inquiry must be completed “[b]efore issuing a motor vehicle operator’s license to an individual or renewing such a license.”
Simpson v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 173 A.3d 321 (Pa. Commw. Ct. 2017). “individual— * * * * (2) whose motor vehicle operator’s license is revoked, suspended, or canceled by that State for cause; or (3) who is convicted under the laws of that State of any of the following motor vehicle-related offenses or comparable offenses: (A) operating a motor…”
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