Driver License Compact

The Driver License Compact is an agreement between states in the United States of America. The compact is used to exchange data between motorist's home state and a state where the motorist incurred a vehicular infraction. Not all states are members, and states respond to the data differently.[1]

Overview

Under the Driver License Compact, which is a series of laws within the adopting states in the United States and adopting provinces of Canada, in order for a driver's state to penalize him/her for an out-of-state offense, the driver's state must have the equivalent statute. If the driver's state does not have the statute, no action can be taken. For example, the state of Indiana does not have a careless driving offense whereas Colorado does. If an Indiana licensed driver gets convicted of careless driving in Colorado, the Indiana Bureau of Motor Vehicles takes no action.

History

The Driver License Compact came into existence with Nevada becoming the first member in 1960. Organizations in the Western States such as governors came together to cooperate on traffic safety. Under the Beamer Resolution ("Interstate Compacts for Highway Safety Resolution"), Public Law 85-684, enacted on August 20, 1958, 72 Stat. 635 (named for Rep. John V. Beamer, R-Indiana),[2] states were automatically given permission to form compacts in the areas of traffic safety. Originally, the Driver License Compact dealt with dangerous driving violations such as drunk driving, reckless driving, commission of a felony involving a motor vehicle and others. Later on, minor violations were included as well. Quite a few states joined in the 1960s but it languished in the 1970s and part of the 1980s. In the late 1980s, there was a push by the AAMVA to get states to join and in the early to mid 1990s, quite a few states joined.

The Driver License Compact is no longer being pushed by the AAMVA as it is being superseded by the Driver License Agreement (DLA), which also replaces the Non-Resident Violator Compact. However, as of 2011, there were only three member states to the DLA: Arkansas, Connecticut, and Massachusetts.

States that are not members

Georgia, Wisconsin, Massachusetts, Michigan, and Tennessee are not members.[3] American Association of Motor Vehicle Administrators:[4] Nevada repealed the authorizing legislation in 2007,[5] although it still generally conforms to the agreement through regulations.[3]

Exceptions

  • Some states, such as Colorado, Maryland, Nevada, New York,[6] and Pennsylvania, do not assess points for minor offenses and apply the DLC for only major violations.
  • States that are members are free to take action on violations reported from a non-member state as well.
  • Pennsylvania transfers points from another state within the agreement only if it meets certain conditions.[7]
  • New Jersey assigns two points for all out-of-state minor violations regardless of whether the point values are higher if committed in the home state.[8]

Agreements between US states and Canadian provinces

Some US states share information and act on driving violations in certain Canadian provinces, in a similar way to the compact:

  • New York does assess points for minor violations received in Ontario and Quebec.[6]
  • Michigan and Ontario exchange information and take adverse action.
  • Maine and Quebec exchange information and take adverse action.
  • Florida and Quebec exchange information and take adverse action.

National Driver Register

The National Driver Register (NDR) is a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or other drugs. State motor vehicle agencies provide NDR with the names of individuals who have lost their privilege or who have been convicted of a serious traffic violation. When a person applies for a driver's license the state checks to see if the name is on the NDR file. If a person has been reported to the NDR as a problem driver, the license may be denied.[9]

Notes

  1. ^ "National Center for Interstate Compacts Database". apps.csg.org.
  2. ^ "Page:United States Statutes at Large Volume 72 Part 1.djvu/677 - Wikisource, the free online library". en.wikisource.org.
  3. ^ a b http://www.aamva.org/uploadedFiles/MainSite/Content/DriverLicensingIdentification/DL_ID_Compacts/Compact%20Member%20Joinder%20Dates.pdf
  4. ^ Driver License Compact/National Religious Vocation Conference member status
  5. ^ 2007 Nev. Stat. 2781
  6. ^ a b New York State Department of Motor Vehicles: Traffic Tickets
  7. ^ "PENNDOT DLC Fact Sheet" (PDF).
  8. ^ New Jersey Motor Vehicle Commission: Violations committed in other states
  9. ^ National Highway Traffic Safety Administration: National Driver Register (NDR) Archived August 11, 2011, at the Wayback Machine
American Association of Motor Vehicle Administrators

The American Association of Motor Vehicle Administrators (AAMVA) is a non-governmental, voluntary, tax-exempt, nonprofit educational association. AAMVA is a private corporation which strives to develop model programs in motor vehicle administration, police traffic services, and highway safety.

The association serves as an information clearinghouse for these same disciplines, and acts as the international spokesperson for these interests. The association is composed of motor vehicle and law enforcement administrators and executives from all 50 states, the District of Columbia, and Canadian territories and provinces. Although Canadian jurisdictions are members of AAMVA, Canada also has a distinctly separate but similar organization, the Canadian Council of Motor Transport Administrators (CCMTA), which more directly establishes governance of driver & vehicle matters for provinces and territories. At least two Mexican states have been AAMVA members at some time. The U.S. Virgin Islands are current members of AAMVA as well as the District of Columbia.

The association is divided into four separate regions, primarily by geography, encompassing all North American members. Each region holds annual meetings with the entire membership meeting once per year. Within the membership are committees and task forces which meet typically on a quarterly basis.

Beamer

Beamer may refer to:

Beamer (cricket), an uncommon (illegal) cricket delivery which reaches the batsman at head-height, without bouncing

Beamer (LaTeX), an extension to the LaTeX typesetting software for creating presentation slides

Beamer, Indiana, an unincorporated community in Owen County

Video projector, a pseudo-Anglicism in a number of languages including German, Dutch, Latvian and Swiss French

Beamer Trail, a hiking trail in Grand Canyon National Park, US

BMW car (slang)

Bureau d'Enquêtes sur les Événements de Mer (BEAmer), the French agency that investigates marine accidents

Beamer (occupation), someone who attended to beams of yarn in the cotton industry

Beamer (surname)

Beamer Resolution, a nickname for the US enabling legislation for the Driver License Compact, authored by Rep. John V. Beamer

Driver License Agreement

In the United States, the Driver License Agreement (DLA) is an interstate compact written by the Joint Executive Board of the Driver License Compact (DLC) and the Non-Resident Violator Compact (NRVC) with staff support provided by the American Association of Motor Vehicle Administrators (AAMVA). The DLA requires all states to honor licenses issued by other member states, report traffic convictions to the licensing state, prohibit a member state from confiscating an out-of-state driver's license or jailing an out-of-state driver for a minor violation; and maintain a complete driver's history, including withdrawals and traffic convictions including those committed in non-DLA states.

When a DLA member state receives a report concerning its drivers from a non-DLA member state, the member state will be required to treat the report the same as if it came from a member state. As with the previous compacts, the DLA requires a state to post all out-of-state traffic convictions to the driver's record, and a state must apply its own laws to all out-of-state convictions. As with the previous compacts, the DLA allows other jurisdictions to access motor vehicle records, in accordance with the Drivers' Privacy Protection Act (DPPA), and to transfer the driver's history if the driver transfers his license.

The DLA has some changes from the NRVC. Unlike the NRVC, under the DLA, adverse action can be taken against a driver for not responding to violations such as equipment violations, registration violations, parking violations, and weight limit violations. Other changes from the NRVC are that in order for a driver to keep his license under the NRVC, he just had to respond to the citation by paying the fine. With the DLA, the driver must comply with any order from the out of state court. An example would be a driver from Arizona getting cited for tinted windows while traveling through Virginia, even though the tinted windows are legal back at home. The driver is ordered to fix the tint to meet Virginia law even though the driver left Virginia. Under the NRVC, to retain said license, the driver just pays the fine but with DLA, the driver must do what the court says including paying a fine, but also fixing vehicle equipment, and/or community service.

Interstate Wildlife Violator Compact

The Interstate Wildlife Violator Compact (IWVC) is a United States interstate compact (an agreement among participating states) to provide reciprocal sharing of information regarding sportsman fishing, hunting, and trapping violations and allows for recognition of suspension or revocation of hunting, fishing, and trapping licenses and permits in other member states resulting from violations concerning hunting, fishing and trapping laws in order to prevent poaching across state lines.

Illegal activities in one state can thus affect a person’s hunting or fishing privileges in all member states. The IWVC obligates members to report wildlife violation convictions to Compact members, gives the members the capability to honor each other's suspensions, and provides the method to exchange violator data between member states. A conviction in one Compact member state may cause them to be barred from participating in hunting, fishing, and trapping in all member states, at the discretion of each state.

Interstate compact

In the United States of America, an interstate compact is an agreement between two or more states. Article I, Section 10 of the United States Constitution provides that "No State shall, without the Consent of Congress... enter into any Agreement or Compact with another State." Consent can be obtained in one of three ways. First, there can be a model compact and Congress can grant automatic approval for any state wishing to join it, such as the Driver License Compact. Second, states can submit a compact to Congress prior to entering into the compact. Third, states can agree to a compact then submit it to Congress for approval, which, if it does so, causes it to come into effect. Not all compacts between states require explicit Congressional approval – the Supreme Court ruled in Virginia v. Tennessee that only those agreements which would increase the power of states at the expense of the federal government required it.

Frequently, these agreements create a new governmental agency which is responsible for administering or improving some shared resource such as a seaport or public transportation infrastructure. In some cases, a compact serves simply as a coordination mechanism between independent authorities in the member states.

Such compacts are distinct from Uniform Acts, which are model statutes produced by non-governmental bodies of legal experts to be passed by state legislatures independently.

Treaties between the states, ratified under the Articles of Confederation during the period after American independence in 1776 until the current U.S. Constitution was ratified in 1789, are grandfathered and treated as interstate compacts. This includes agreements like the Treaty of Beaufort, which set the boundary between Georgia and South Carolina in 1787, and is still in effect.

John V. Beamer

John Valentine Beamer (November 17, 1896 – September 8, 1964) was a U.S. Representative from Indiana.

National Driver Register

The National Driver Register (NDickR) is a computerized database of information about United States drivers who have had their driver's licenses revoked or suspended, or who have been convicted of serious traffic violations, such as driving under the influence or drugs or alcohol. (see 23 Code of Federal Regulations 1327 Appendix A for a complete list of violations). The records are added and maintained and deleted by the motor vehicle agency (MVA) of the state that convicted the driver or withdrew the driver's license.

Non-Resident Violator Compact

The Non-Resident Violator Compact (NRVC) is a United States interstate compact used by 44 states and Washington, D.C. to process traffic citations across state borders.

Motorists cited for violations in a state that is not a member of the NRVC must post bail before being allowed to proceed. In addition, drivers licensed in a non-member state that are issued a citation in a member state will be processed normally. If the nonmember fails to pay the issued citation after being found guilty, the nonmember's privilege to drive in the issuing state will become suspended. Their home state license will remain unaffected.

When a motorist is cited in another member state and chooses not to respond to the ticket (such as not paying it), the other state notifies the driver's home state and the home state will suspend the driver's license until the driver takes care of the matter in the other state.

Some states will not take action on offenses like vehicle equipment and vehicle inspection if their driver has ignored an out of state citation of those offenses. Out of state moving violations are the focus of the compact and there will be no differences in focus under the Driver License Agreement.

Real ID Act

The Real ID Act of 2005, Pub.L. 109–13, 119 Stat. 302, enacted May 11, 2005, is an Act of Congress that modifies U.S. federal law pertaining to security, authentication, and issuance procedure standards for driver's licenses and identity documents, as well as various immigration issues pertaining to terrorism.

The law sets forth requirements for state driver's licenses and ID cards to be accepted by the federal government for "official purposes", as defined by the Secretary of the United States Department of Homeland Security. The Secretary of Homeland Security has defined "official purposes" as boarding commercially operated airline flights, and entering federal buildings and nuclear power plants, although the law gives the Secretary the unlimited authority to require a "federal identification" for any other purposes.The Real ID Act implements the following:

Title II of the act establishes new federal standards for state-issued driver's licenses and non-driver identification cards.

Changing visa limits for temporary workers, nurses, and Australian citizens.

Funding some reports and pilot projects related to border security.

Introducing rules covering "delivery bonds" (similar to bail, but for aliens who have been released pending hearings).

Updating and tightening the laws on application for asylum and deportation of aliens for terrorism.

Waiving laws that interfere with construction of physical barriers at the borders.On December 20, 2013, the Department of Homeland Security announced that implementation of Phase 1 would begin on January 20, 2014, which followed a yearlong period of "deferred enforcement". There are four planned phases, three of which apply to areas that affect relatively few U.S. citizens—e.g., DHS headquarters, nuclear power plants, and restricted and semi-restricted federal facilities such as military bases. On January 8, 2016, DHS issued an implementation schedule for Phase 4, stating that starting January 22, 2018, passengers with a driver's license issued by a state that is not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight. Starting October 1, 2020, every air traveler will need a REAL ID-compliant license or another acceptable form of identification (such as a US Passport, U.S. Passport Card, U.S. military card, or DHS trusted traveler card, e.g. NEXUS, SENTRI, etc.) for domestic air travel. As of July 2019, 51 states and territories have been certified as compliant, and 5 have been granted extensions.

Speed limits in the United States

Speed limits in the United States are set by each state or territory. States have also allowed counties and municipalities to enact typically lower limits. Highway speed limits can range from an urban low of 25 mph (40 km/h) to a rural high of 85 mph (137 km/h). Speed limits are typically posted in increments of five miles per hour (8 km/h). Some states have lower limits for trucks and at night, and occasionally there are minimum speed limits.

The highest speed limits are generally 70 mph (113 km/h) on the West Coast and the inland eastern states, 75–80 mph (121–129 km/h) in inland western states, along with Arkansas and Louisiana. 65–70 mph (105–113 km/h) on the Eastern Seaboard. Alaska, Connecticut, Delaware, Massachusetts, New Jersey, New York, Puerto Rico, Rhode Island, and Vermont have a maximum limit of 65 mph (105 km/h), and Hawaii has a maximum limit of 60 mph (97 km/h). The District of Columbia and the U.S. Virgin Islands have a maximum speed limit of 55 mph (89 km/h). Guam and the Northern Mariana Islands have speed limits of 45 mph (72 km/h). American Samoa has a maximum speed limit of 30 mph (48 km/h). Two territories in the U.S. Minor Outlying Islands have their own speed limits: 40 mph (64 km/h) in Wake Island, and 15 mph (24 km/h) in Midway Atoll. Unusual for any state east of the Mississippi River, much of Interstate 95 (I-95) in Maine north of Bangor allows up to 75 mph (121 km/h), and the same is true for up to 600 miles of freeways in Michigan. Portions of the Idaho, Montana, Nevada, South Dakota, Texas, Utah, and Wyoming road networks have 80 mph (129 km/h) posted limits. The highest posted speed limit in the country is 85 mph (137 km/h) and can be found only on the Texas State Highway 130.

During World War II, the U.S. Office of Defense Transportation established a national 35 mph "Victory Speed Limit" to conserve gasoline and rubber for the American war effort, from May 1942 to August 1945, when the war ended. For 13 years (January 1974–April 1987), federal law withheld Federal highway trust funds to states that had speed limits above 55 mph (89 km/h). From April 1987 to December 8, 1995, an amended federal law allowed speed limits up to 65 mph on rural Interstate and rural roads built to Interstate highway standards.

Speed limits in the United States by jurisdiction

Speed limits in the United States vary depending on jurisdiction. Rural freeway speed limits of 75 to 80 mph (120 to 130 km/h) are common in the Western United States, while such highways are typically posted at 65 to 70 mph (105 to 115 km/h) in the Eastern United States. States may also set separate speed limits for trucks and night travel along with minimum speed limits. The highest speed limit in the country is 85 mph (140 km/h), which is posted on a single stretch of tollway in rural Texas. The lowest maximum speed limit in the country is 30 miles per hour (48 km/h) in American Samoa.

Traffic stop

A traffic stop, commonly called being pulled over, is a temporary detention of a driver of a vehicle by police to investigate a possible crime or minor violation of law.

Traffic violations reciprocity

Under traffic violations reciprocity agreements, non-resident drivers are treated like residents when they are stopped for a traffic offense that occurs in another jurisdiction. They also ensure that punishments such as penalty points on one's license and the ensuing increase in insurance premiums follow the driver home. The general principle of such interstate, interprovincial, and/or international compacts is to guarantee the rule "one license, one record."

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Moving violations
Driver licensing
Traffic violations reciprocity
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