SENATE, No. 473

STATE OF NEW JERSEY

INTRODUCED JANUARY 18, 1996

By Senator BASSANO

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, partnership 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 whether the person has a valid driver's license and whether the person's driving privileges are denied, suspended or revoked. 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 which seeks adn receives information pursuant to subsection b. of this section shall refuse to rent or lease a motor vehicle to a person who does not possess a valid driver's license or a person whose license is denied or revoked.

    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 provided by 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 of $2 for each request for information under 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 and an employee or authorized agent of a rental agent 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. An authorized agent requesting information shall be authorized by the director.

    The bill would permit the rental or leasing business which has requested information from the DMV 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.