[Federal Register: January 13, 2005 (Volume 70, Number 9)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2003-15015]
Policy on Availability of Information From the Commercial
Driver's License Information System
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of policy.
SUMMARY: As required by the Transportation Equity Act for the 21st
Century (TEA-21), this document informs the public of FMCSA's policy
regarding access to information in the Commercial Driver's License
Information System (CDLIS) by other Federal agencies.
EFFECTIVE DATE: This policy is effective January 13, 2005.
FOR FURTHER INFORMATION CONTACT: Carol Gore, (202) 366-4013, Office of
Safety Programs, Federal Motor Carrier Safety Administration,
Department of Transportation, 400 Seventh Street, SW., Washington, DC
SUPPLEMENTARY INFORMATION: Section 12007(e) of the Commercial Motor
Vehicle Safety Act (CMVSA) of 1986 (Pub. L. 99-570) specified four
entities authorized to access information from CDLIS. These entities
were the Secretary of Transportation, the States, an employer or
prospective employer of a person who operates a commercial motor
vehicle (CMV), and a person who operates a CMV for an employer that
owns or leases a CMV or assigns employees to operate a CMV (49 U.S.C.
Sec. 31309(e)). This provision remained in effect until Congress
passed TEA-21 (Pub. L. 105-85) and revised the access provision through
sections 4004(a) and 4011(d) (5) (codified at 49 U.S.C. 31106(e) and
31309(c), respectively). Sections 4004(a) and 4011(d)(5) of TEA-21
expanded CDLIS access by requiring the Secretary of Transportation to
develop a policy on making information available from CDLIS. The policy
must conform to existing Federal information laws and regulations.
Privacy Act Applicability
The Privacy Act of 1974 (Pub. L. 93-579, as amended) regulates
Federal information system practices regarding the collection,
maintenance, dissemination and use of records by Federal executive
branch agencies. CDLIS is not a Federal "system of records," as
defined by the Privacy Act because the records in CDLIS are not
controlled by FMCSA. Federal agencies obtaining access to CDLIS records
may be subject to the Privacy Act, if they establish a system of
records with the information obtained from CDLIS. Such agencies may
also need to provide a process for review and correction of those
Availability of Information From CDLIS
Section 12007(c) of the CMVSA directed the Secretary to establish
an information system, now known as CDLIS, to exchange commercial
driver licensing information among all the States. CDLIS includes the
databases of fifty-one licensing jurisdictions and the CDLIS Central
Site, all connected by a telecommunications network.
The CDL program was designed based on these fundamental
principles--that no person who operates a commercial motor vehicle
shall at any time have more than one driver's license, that one license
shall contain that person's complete driving record, and that the
licensing State shall be notified of any convictions of violations of
any motor vehicle control laws in any other State. CDLIS supports these
principles by providing the Central Site, the telecommunications
network, and the operating protocols States need to exchange commercial
license, conviction and safety information on individual CDL drivers.
Drivers who wish to review and, if necessary, correct information about
them in CDLIS must contact the State agency that issued their license.
FMCSA Policy on Availability of Information From CDLIS
It is FMCSA's policy that another Federal agency may request access
to information in CDLIS by written submission to FMCSA's Chief Safety
Officer. In the request, the applicant must state the legal basis and
the need for access to CDLIS. A Federal agency will be required to
execute a Memorandum of Understanding (MOU) with the Department of
Transportation and/or FMCSA before access to CDLIS data will be
Issued on: January 7, 2005.
Annette M. Sandberg,
[FR Doc. 05-669 Filed 1-12-05; 8:45 am]