A recent change in the reporting policies of the California Department of Motor Vehicles has left a handful of State Senators fuming, not to mention a number of job-seeking commercial drivers. As of November 1, 1996, the DMV began providing full driving records to all qualified information requesters, including government agencies and private industry (insurance companies).

The driver record information that is now provided includes any violations, sanctions against the licensee (suspensions, etc.), and accidents. In the past, this information was only available to people in the legal system, such as police and probation officers. There are two aspects of the DMV’s new reporting policy that have sparked debate: 1. Arbitrary changes in the length of time that information is retained; 2. Suspicion that the insurance industry wielded undue influence over the DMV’s decision to increase the availability of information.

By comparing the DMV’s prior reporting criteria to its current reporting criteria, the knee jerk response is to ask, “Why is there a decrease in the reporting period for hit and run violations, reckless driving with bodily injury, exhibition of speed, driving with a suspended or revoked license, or for a habitual traffic offender?” While every violation related to driving under the influence will now be reported for a full 10 years, violations of equal seriousness are now retained for a shorter period of time. The DMV justifies the haphazard retention periods for violations through “the many statutory requirements for penalties and sanctions due to second or subsequent convictions.” Translation: state law requires a stiffer punishment for a reckless driver’s second violation only if it happens within 4 years of the first violation, so the law does not require the DMV to keep the original violation on record past the 4 year window.

The San Diego Union-Tribune reported on January 12, “Millions of Californians could face higher auto insurance rates, and some already are having a tough time finding jobs, as a result of the Wilson administration’s decision to quietly rewrite rules that govern public disclosure of driving records.” Insurance companies are indeed expected to take full advantage of the increased availability of driver’s records. Insurers will now be able to base rates on accident and vehicle code violation information reaching back as long as 10 years instead of the current “three-year snapshot.” For those seeking jobs in the commercial driving industry, past violations may come back to haunt you when you interview as employers will have access to the same information as the insurance companies. Besides the retention of past DUI violations for an additional three years (10 year total, as opposed to 7 years), commercial disqualification actions ranging from 60 days to 3 years will now stay on a driver’s record for a full 3 years.

Suspicions about the DMV’s relationship with the insurance industry were raised by legislators at a Senate Transportation Committee Hearing on February 4. Although the DMV’s disclosure revisions were executed with no public notice, the DMV informed the insurance industry of its intended change in policy 7 months before the November 1 implementation date. As proof of the insurance industry’s cozy relationship with the DMV, the Senate Transportation Committee examined a March 22, 1996, correspondence between the DMV and the Personal Insurance Federation detailing the DMV’s progress with the “Reportability” project.

If you have questions about the DMV’s new reporting policy, contact the DMV Public Inquiry Unit at (916) 657-6560.

Reference: Vol. 34, No. 1 - UHCA Newsletter Highway -dmvreport