ASSEMBLY, No. 610
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen LUSTBADER and LANCE
An Act concerning the release of driver records and supplementing chapter 5 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Rental agent" means a natural person, corporation, parntership or other entity engaged in the business of renting or leasing motor vehicles.
b. Upon the request of a rental agent that has registered with the division pursuant to subsection c. of this section, or an employee or authorized agent of such rental agent, the director may release information in the division's records about a person seeking to rent or lease a motor vehicle. This information shall consist of the person's name and address and any record of points for that person maintained pursuant to section 2 of P.L.1982, c.43 (C.39:5-30.6) or of any other violation of Title 39 of the Revised Statutes. An authorized agent requesting information pursuant to this subsection shall be approved by the director.
c. A rental agent which seeks information pursuant to subsection b. of this section shall annually register with the director, providing proof that it is a bonafide rental agent and such other information as the director may deem appropriate.
d. A rental agent may establish criteria for assessing driving records to determine the driver's degree of risk to violate a motor vehicle law, to cause or become involved in an accident, or to cause damage to a rented or leased motor vehicle. The rental agent may refuse to rent or lease a motor vehicle to a person whom it determines to represent an unacceptably high risk.
e. A rental agent or employee or authorized agent of such rental agent, shall notify a person before requesting information on that person's driving record pursuant to this act. Information obtained by the rental agent shall be used for the sole purpose of assessing the person's driving record pursuant to subsection d. of this section. The use of this information for any other purpose shall be punishable by a penalty of not less than $500 or more than $1,000.
f. The director may impose a fee not to exceed $2 for each request for information under this act. In the fifth year after enactment, and in succeeding years, the director may by regulation increase this fee by an amount necessary to defray the actual cost of administering this act.
2. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill allows motor vehicle rental and leasing businesses to obtain information regarding the driving records of persons to whom they rent or lease vehicles. It authorizes the Director of the Division of Motor Vehicles (DMV) in the Department of Law and Public Safety to provide this information to bona fide rental and leasing businesses that are registered with the division.
The bill would permit the rental or leasing business to assess the driving record to determine the driver's risk of violating a motor vehicle law, causing or becoming involved in an accident, or damaging a rented or leased motor vehicle. The business would be allowed to refuse to rent or lease a motor vehicle to a person whom it determines to represent an unacceptably high risk. The business would be required to notify a person before seeking access to the driving record and to use the information obtained solely to assess that record in connection with a vehicle rental or lease. Any other use of the information would be punishable by a fine of not less than $500 or more than $1,000.
The bill further authorizes DMV to charge a fee not to exceed $2 for each information request to defray its administrative costs. This fee could be increased by DMV after four years if necessary to defray the actual cost of administering the provisions of the bill.
Gives car rental firms access to driving records.