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CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
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ARTICLE 2A. UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT.
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§17A-2A-1. Short title.
This act may be cited as the "Uniform Motor Vehicle Records
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§17A-2A-2. Statement of intent and purpose.
The purpose of this article is to implement the federal
Driver's Protection Act of 1994 (Title XXX of Public Law 103-322)
in order to protect the interest of individuals in their personal
privacy by prohibiting the disclosure and use of personal
information contained in their motor vehicle record, except as
authorized by the individual or by law.
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As used in this article:
(a) "Division" means the division of motor vehicles;
(b) "Disclose" means to make available or make known
information contained in a motor vehicle record to any person,
organization or entity;
(c) "Individual record" is a motor vehicle record which
contains personal information about a designated person who is the
subject of the record as identified in a request;
(d) "Motor vehicle record" means any record that pertains to
a motor vehicle operator's or driver's license or permit, a motor
vehicle registration, a motor vehicle title or an identification
document issued by the division of motor vehicles or other state or
local agency authorized to issue any such form of credential;
(e) "Person" means an individual, organization or entity, but
does not include the state or an agency thereof;
(f) "Personal information" means information that identifies
a person, including his or her photograph or computerized image,
social security number, driver identification number, name, address
excluding the five-digit zip code, telephone number and medical or
disability information. Personal information does not include
information on vehicle accidents, driving or equipment related
violations and driver's license or registration status;
(g) "Record" includes any book, paper, photograph, photostat,
card, film, tape, recording, electronic data, printout or other
documentary material regardless of physical form or characteristic.
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§17A-2A-4. Prohibition on disclosure and use of personal
information from motor vehicles records.
Notwithstanding any other provision of law to the contrary,
and except as provided in sections five through eight, both
inclusive, of this article, the division, and any officer,
employee, agent or contractor thereof may not disclose any personal
information obtained by the division in connection with a motor
vehicle record. Notwithstanding the provisions of this article or
any other provision of law to the contrary, finger images obtained
and stored by the division of motor vehicles as part of the
driver's licensing process may not be disclosed to any person or
used for any purpose other than the processing and issuance of
driver's licenses and associated legal action unless the disclosure
or other use is expressly authorized by this code. Notwithstanding
the provisions of this article or any other provision of law to the
contrary, an individual's photograph or image, social security
number, and medical or disability information shall not be
disclosed pursuant to West Virginia Code §17A-2A-7(2),(3), (5),
(7), (8), (10) and (11), without the express written consent of the
person to whom such information applies.
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§17A-2A-5. Required disclosures.
Personal information as defined in section three of this
article shall be disclosed for use in connection with matters of
motor vehicles or driver safety and theft, motor vehicle emissions,
motor vehicle product alterations, recalls or advisories,
performance monitoring of motor vehicles and dealers by motor
vehicle manufacturers and removal of nonowner records from the
original owner records of motor vehicle manufacturers to carry out
the purposes of the federal Automobile Information and Disclosure
Act, "Public Law 85-506" (15 U.S.C. 1231 et seq.), the Motor
Vehicle Information and Cost Saving Act, "Public Law 92-513" (15
U.S.C. 1901 et seq.), the National Traffic and Motor Vehicle Safety
Act of 1966, "Public Law 89-563" (U.S.C. 1381 et seq.), the Anti
Car Theft Act of 1992, "Public Law 102-519" (15 U.S.C. 2021 et
seq.) and the Clean Air Act, "Public Law 88-206" (42 U.S.C. 7401 et
seq.), as amended, and all statutes and agency compliance with, the
said acts of the Congress of the United States.
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§17A-2A-6. Disclosure with consent.
Personal information as defined in section three of this
article shall be disclosed upon request if the person making the
request demonstrates in such form and manner as the department
prescribes that he or she has obtained the written consent of the
person who is the subject of the information.
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§17A-2A-7. Permitted disclosures.
The division or its designee shall disclose personal
information as defined in section three of this article to any
person who requests the information if the person: (a) Has proof
of his or her identity; and (b) verifies that the use of the
personal information will be strictly limited to one or more of the
(1) For use by any governmental agency, including any court or
law-enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a governmental agency
in carrying out its functions;
(2) For use in connection with matters of motor vehicle or
driver safety and theft, motor vehicle product alterations, recalls
or advisories, performance monitoring of motor vehicles, motor
vehicle parts and dealers, motor vehicle market research activities
including survey research and removal of nonowner records from the
original owner records of motor vehicle manufacturers;
(3) For use in the normal course of business by a legitimate
business or its agents, employees or contractors:
(A) For the purpose of verifying the accuracy of personal
information submitted by the individual to the business or its
agents, employees or contractors; and
(B) If the information as submitted is not correct or is no
longer correct, to obtain the correct information, but only for the
purposes of preventing fraud by, pursuing legal remedies against or recovering on a debt or security interest against the individual;
(4) For use in conjunction with any civil, criminal,
administrative or arbitral proceeding in any court or governmental
agency or before any self-regulatory body, including the service of
process, the execution or enforcement of judgments and orders or
pursuant to an order of any court;
(5) For use in research and producing statistical reports, so
long as the personal information is not published, redisclosed or
used to contact individuals;
(6) For use by any insurer or insurance support organization
or by a self-insured entity, its agents, employees or contractors
in connection with claim investigation activities, antifraud
activities, rating or underwriting;
(7) For use in providing notice to the owners of towed or
(8) For use by any licensed private investigator agency or
licensed security service for any purpose permitted under this
(9) For use by an employer or its agent or insurer to obtain
or verify information relating to a holder of a commercial driver's
license that is required under the Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. App. 2710 et seq.);
(10) For use in connection with the operation of private toll
transportation facilities; and
(11) For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety.
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Acts, 2001 Reg. Sess., Ch. 200.
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Any person making a request for disclosure of personal
information required or permitted under sections five through eight
of this article, both inclusive, shall pay to the division all
reasonable fees related to providing the information: Provided,
That all fees under this section shall be set by legislative rule
pursuant to article three, chapter twenty-nine-a of this code.
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§17A-2A-10. Additional conditions.
Prior to disclosing personal information the division may
require the person making the request to: (a) Verify his or her
identity; (b) verify that the information will be used only as
authorized, or that the consent of the person who is the subject of
the information has been obtained; and (c) make and file a written
application in such form and containing certification requirements
as the division may prescribe.
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§17A-2A-11. Resale or redisclosure.
(a) An authorized recipient of personal information may resell
or redisclose the information for any use permitted under section
(b) Any authorized recipient who resells or rediscloses
personal information shall: (1) Maintain for a period of not less
than five years, records as to the person or entity receiving
information, and the permitted use for which it was obtained; (2)
make the records available for inspection by the division, upon
request; and (3) only be disseminated in accordance with express
consent obtained pursuant to section four of this article.
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The division may promulgate rules in accordance with the
provisions of chapter twenty-nine-a of this code to carry out the
purposes of this article.
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§17A-2A-13. Penalty for false representation.
Any person who requests the disclosure of personal information
from division records and misrepresents his or her identity or
makes a false statement on any application required by the division
pursuant to this article is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than one thousand
dollars or confined in jail for not more than one year, or both
fined and confined.
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§17A-2A-14. Effective date.
This article shall take effect the first day of September, one
thousand nine hundred ninety-seven.