5052650 Motor Vehicles, Department of - Notice of Final Rulemaking - Compliance with federal regulations regarding licenses and identificationcards

DEPARTMENT OF MOTOR VEHICLES

 

NOTICE OF FINAL RULEMAKING

 

The Director of the Department of Motor Vehicles (“Director”), pursuant to the authority set forth in Sections 1825 and 1826 of the Department of Motor Vehicles Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code §§ 50-904 and 50-905 (2012 Repl.)) and Sections 6, 7 and 8a of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121,1125; D.C. Official Code §§ 50-2201.03, 50-1401.01 and 50-1401.03 (2012 Repl)), hereby gives notice of the adoption the following rulemaking that amends Chapter 1 (Issuance of Drivers Licenses) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (“DCMR”).

 

This rulemaking ensures the District’s compliance with the federal requirements pertaining to issuance of licenses, permits and identification cards.

 

No comments were received and no changes were made to the text of the proposed rules, as published in the D.C. Register as a Notice of Proposed Rulemaking on July 11, 2014 at 61 DCR 7045. The final rules were adopted on August 12, 2014 and will be effective upon publication of this notice in the D.C. Register. 

 

Title 18, VEHICLES AND TRAFFIC, of the DCMR is amended as follows:

 

Chapter 1, ISSUANCE OF DRIVER’S LICENSES, is amended so that the title reads as follows, “ISSUANCE OF DRIVER LICENSES and said section is amended as follows:

 

Subsection 100.5 is added to read as follows:

 

100.5               Any person holding a valid learner permit, provisional permit, driver license, identification card, or its equivalent, from any jurisdiction must surrender it to the Department prior to obtaining a District of Columbia learner permit, provisional permit or operator license.

 

Subsection 100.6 is added to read as follows:

 

100.6            At the Director’s discretion, he or she is not required to comply with the provisions set forth in this chapter when issuing a learner permit, driver license or identification card to an employee of Federal or District of Columbia criminal justice agencies that require special licensing or identification to safeguard themselves in support of their official duties.

 

Section 102, DRIVING UNDER INSTRUCTION: LEARNERS PERMIT is amended so that the title reads as follows:  DRIVING UNDER INSTRUCTION: LEARNER PERMIT AND PROVISIONAL PERMIT and said section is amended as follows:

 

Subsection 102.15 is added to read as follows:

 

102.15             Each permit shall include the same information as set forth in §§ 107.2 and 107.3 of this title.

 

Section 103, APPLICATION FOR A DRIVER LICENSE OR LEARNER PERMIT, is amended so that the title reads as follows: APPLICATION FOR A DRIVER LICENSE,  LEARNER PERMIT OR PROVISIONAL PERMIT and said section is amended as follows:

 

Subsection 103.2 is amended to read as follows:

 

103.2               Each application shall:

 

(a)                Provide the applicant's true and lawful name (which shall include the applicant's full and complete name, including any given middle name(s)); the applicant's date of birth; sex; social security number, if such a number was issued to the applicant, or, proof that the applicant is not eligible for a social security number; the residence address of the applicant; and a brief description of the applicant, including, but not necessarily limited to, the applicant's height, weight, color of eyes, and color of hair; and

 

(b)               Include a certification that the applicant does not have Alzheimer’s disease, glaucoma, cataracts or eye disease; is not an insulin dependent diabetic; has not had seizures or loss of consciousness; and does not have any other mental or physical condition that would impair the ability to drive.

 

Subsection 103.4 is amended to read as follows:

 

103.4               Each applicant shall provide, as applicable, the documents set forth below in order to establish identity, date of birth, lawful status in the United States, social security number and address of principal residence as follows:

 

(a)     To establish identity, date of birth and lawful status, an applicant shall submit one of the following documents:

 

(1)        Original valid, unexpired U.S. passport or passport card;

 

(2)        Original or certified copy of U.S birth certificate or record of birth issued by the State Office of Vital Records or the equivalent agency in the applicant's location of birth;

 

(3)        Original or certified copy of the Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State;

 

(4)        Original valid, unexpired Permanent Resident Card issued by the U.S. Department of Homeland Security;

 

(5)        Original Certificate of Naturalization form issued by the U.S. Department of Homeland Security;

 

(6)        Original Certificate of Citizenship form issued by the U.S. Department of Homeland Security;

 

(7)        Original unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the U.S.;

 

(8)        Original unexpired employment authorization documents issued by the U.S. Department of Homeland Security;

 

(9)        REAL ID driver license or identification card issued in compliance with 6 C.F.R. § 37; or

 

(10)      Any other documents designated acceptable by the U.S. Department of   Homeland Security by notice published in the Federal Register.

 

(b)    To establish proof of Social Security Number (SSN), an applicant shall submit an original of one of the following documents reflecting applicant’s full name and full social security number:

 

(1)        Social Security card or Social Security Administration printout;

 

(2)        W-2 form;

 

(3)        SSA-1099 form;

 

(4)        Non-SSA-1099 form; or

 

(5)        Pay statement.

 

(c)                To establish proof of ineligibility for a SSN, an applicant shall submit an original letter from the Social Security Administration reflecting that the applicant is not eligible for a social security number.

 

(d)     To establish District of Columbia residency, an applicant shall submit an original of two of the documents set forth in (1)-(8), except as set forth in (9)-(11). The address on the documents shall match the address on the application. 

 

(1)        Utility bill (Water, Gas, Electric, Oil, or Cable) with name and address, issued within the last sixty (60) days;

(2)        Telephone bill reflecting applicant's name and current address, issued within the last sixty (60) days;

(3)        Deed or settlement agreement reflecting property address;

(4)        Unexpired lease or rental agreement with the name of the applicant listed as the lessee, permitted resident or renter (may be a photocopy);

(5)        Current District of Columbia Property Tax bill;

(6)        Unexpired homeowner's or renter’s insurance policy reflecting name and address;

 

(7)        Official Mail received from a Federal or District of Columbia Agency, other than the District of Columbia Department of Motor Vehicles, that includes the applicant’s first and last name and complete address, as well as the envelope and contents;    

 

(8)        Bank statement issued within the last sixty (60) days reflecting name and address;

 

(9)        If unable to provide two of the documents listed above, submit a DC DMV Proof of Residency Form signed by the person owning or renting the property where the applicant is residing and a copy of this person's unexpired DC driver license or DC identification card and two of the documents listed above in the name of the person owning or renting the property.

 

(10)   For an identification card only, Department of Motor Vehicles’ approved letter with picture from the Court Services and Offender Supervision Agency (CSOSA) or DC Department of Corrections issued within the last sixty (60) days certifying residency. A second document is not required.

 

(11)    For an identification card only, a District of Columbia Department of Motor Vehicles’ approved letter from a certified social service provider. A second document is not required.     

           

Subsection 103.5 is amended to read as follows:

 

103.5               If an applicant is unable to comply with the document requirements set forth in § 103.4(a) to show identity or date of birth due to circumstances beyond the applicant's control, the applicant may submit one of the alternate documents and the Department shall indicate in the applicant’s record that an exceptions process was used:

 

(a)                Unexpired United States military or dependent identification card; or

 

(b)               Department of Motor Vehicles’ approved letter with picture from the Court Services and Offender Supervision Agency (CSOSA) or DC Department of Corrections issued within the last sixty (60) days certifying identity and date of birth.

 

Section 107, LICENSES ISSUED TO DRIVERS, is amended as follows:

 

Subsection 107.2, is amended to read as follows:

 

107.2                    Each license shall include the licensee's true and full legal name (as required to be stated on the application), residence address, distinguishing number , as provided by § 7(b)(1) of the District of Columbia Traffic Act of 1925, effective March 3, 1925 (43 Stat. 1125; D.C. Official Code § 50-1401.01(b)(1)), date of birth, gender, weight, height, color of eyes, color of hair, expiration date,  and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license. No license shall be valid until it has been so signed by the licensee.

 

Subsection 107.4 is amended to read as follows:

 

107.4               The Director may, in his or her discretion, issue a temporary or limited term                                driver license to an applicant under the following circumstances:

 

(a)        While the Director is completing an investigation and determination of all facts relative to the applicant’s eligibility to receive a driver license;

 

(b)               After an applicant has renewed his or her driver license on the Department’s website;

 

(c)        If the applicant has temporary lawful status in the United States (1) for a period no shorter than six months; (2) for a period no longer than the expiration of the applicant's authorized stay in the United States, or, if there is no expiration date, for a period no longer than one year; and (3) no longer than the District’s maximum driver license term; or

 

(d)       If the applicant has permanent resident status in the United States, but his or her Permanent Resident Card expires prior to the term set forth in § 110.1 of this chapter.

 

 

Section 109, DUPLICATE OR MODIFIED LICENSES AND SPECIAL IDENTIFICATION CARDS, is amended as follows:

 

Subsection 109.1 is amended to read as follows:

 

109.1                    If a learner's permit, a provisional permit, special identification card or driver license issued under the provisions of this chapter is lost or destroyed, the person to whom the permit, license, or special identification card was issued may obtain a duplicate, or substitute, upon furnishing proof satisfactory to the Director that the permit, license, or special identification card has been lost or destroyed, and payment of the required fee. The applicant may obtain a duplicate permit, card or license through the internet, unless since the prior issuance, there has been a material change in any personally identifiable information, as set forth in § 103.4(a) and (b). In that instance, the applicant will be required to seek renewal in-person. Any material change must be established through the applicant’s presentation of an original source document.  

 

Section 110, RENEWAL OF DRIVER LICENSES, is amended as follows:

 

Subsection 110.9 is amended to read as follows:

 

110.9               An applicant for the renewal of a driver license is required to renew a license in person at least once every other renewal period and, on alternate renewal periods, the applicant may apply by mail or through the internet provided the applicant meets the following requirements:

 

(a)                The applicant is not subject to re-examination pursuant to Subsection 110.4 or Section 111 of this chapter;

 

(b)               The applicant certifies that the applicant meets the visual requirements of Section 105 and there has been no change in the applicant's vision;

 

(c)                    The driver license has not been expired in excess of three hundred and sixty five (365) days;

 

(d)        The applicant is renewing for an eight (8) year period of time; 

 

(e)                    Since the prior issuance, there has not been a material change in any personally identifiable information, as set forth in § 103.4(a) and (b). If there has been a material change in any personally identifiable information, the applicant will be required to seek renewal in-person and establish the change through the presentation of a verifiable original source document that can be verified by the Department of Motor Vehicles.

 

Subsection 110.10 is added to read as follows:

 

110.10           In person renewal of a driver license shall be conducted as follows:

 

(a)        For a valid full-term driver license, an applicant must appear in-person no less frequently than every sixteen (16) years at which time an updated photograph shall be taken;

 

(b)        In-person renewal of temporary or limited-term driver license pursuant to § 107.4(c) and (d):

 

(1)        The applicant must present valid documentary evidence verifiable through the U.S. Department of Homeland Security that the status by which the applicant qualified for the temporary or limited-term driver's license or identification card is still in effect, or

 

(2)        The applicant presents valid documentary evidence verifiable through the U.S. Department of Homeland Security that he or she continues to qualify for lawful status in the United States.

Section 112, SPECIAL IDENTIFICATION CARDS, is amended as follows:

 

Subsection 112.2 is amended to read as follows:

 

112.2          The special identification card shall only be issued to residents of the District over age fifteen (15), upon the payment of a fee and the submission of an application that includes the information required by §§ 103.2, 103.4 and 103.5 of this chapter, except that residents released from a federal or state correctional or detention facility  within the previous six (6) months may obtain an identification card upon the facility entering into a written agreement with the Director, in which the facility agrees to provide information acceptable to the Director.     

 

Subsection 112.10 is repealed.

 

112.10             REPEALED.

 

Subsection 112.15 is amended to read as follows:

 

112.15             Each special identification card shall include the same information as set forth in §§ 107.2 and 107.3 of this title.

 

Subsection 112.16 is added to read as follows:

 

112.16             The special identification card shall be renewed under the same terms and conditions for a driver license as set forth in §§ 107.4, 110.9(d)-(e) and 110.10.