Section 1340-08-01-.04 - SALE OF MOTOR VEHICLE RECORDS(1) For the preparing and furnishing of each individual motor vehicle record (MVR), TDOSHS shall charge a fee of five ($5.00) dollars in accordance with T.C.A. § 55-50-204(d)(1). (a) For the purpose of this rule, "individual motor vehicle record (MVR)" means the complete record, prepared and maintained by TDOSHS, as it pertains to an individual's driver license and driver history.(b) The five ($5.00) dollar fee shall be charged per individual MVR whether furnished in paper or electronic format, whether redacted or unredacted. This fee cannot be waived.(2) For the preparing and furnishing in bulk portions of individual MVRs, TDOSHS shall charge a fee that is calculated based on the Schedule of Reasonable Charges for Copies of Public Records established pursuant to T.C.A. § 8-4-604(a)(1). (a) For the purpose of this rule, "bulk" means the one-time preparation and furnishing of portions of multiple individual MVRs.(b) Bulk requests shall be furnished in electronic format unless requested otherwise and agreed to by TDOSHS.(3) Recurrent Bulk Purchases(a) For the purpose of this rule:1. "Recurrent" means monthly or other frequent periodic time interval determined by TDOSHS.2. "Standard Format" means the three files furnished by TDOSHS which include the following: (i) All Driver File: contains demographic information on all drivers in Tennessee at the time the file is created, other than the social security number.(ii) Monthly Violations File: contains demographic information of all drivers that had a violation event during the previous month, including the date of any violation event, but excluding the social security number.(iii) Monthly Revocations and Suspensions File: contains all drivers who had a revocation event during the previous month, including the date of any revocation event, but excluding the social security number.3. "Expanded Format" means the three files furnished by TDOSHS which include the following: (i) All Driver File: contains demographic information on all drivers in Tennessee at the time the file is created, other than the social security number.(ii) Monthly Violations File: contains demographic information of all drivers that had a violation event during the previous month, including the nature of any violation event, furnished as a history action code, but excluding the social security number.(iii) Monthly Revocations and Suspensions File: contains all drivers who had a revocation event during the previous month, including the nature of any revocation event, furnished as a history action code, but excluding the social security number.(b) For the recurrent preparing and furnishing of portions of multiple or all individual MVRs in Standard Format, TDOSHS shall be paid 4/100 of a dollar, per year, for each licensed driver in the state of Tennessee for that year. The total fee per year shall be based on the total number of licensed drivers in the state as of January 1, 2010, and shall be divided and paid in twelve (12) equal monthly payments. The number of licensed records used for calculating the payment shall be adjusted on January 1 of every year.(c) For the recurrent preparing and furnishing of portions of multiple or all individual MVRs in Expanded Format, TDOSHS shall be paid 5/100 of a dollar, per year, for each licensed driver in the state of Tennessee for that year. The total fee per year shall be based on the total number of licensed drivers in the state as of January 1, 2010, and shall be divided and paid in twelve (12) equal monthly payments. The number of licensed records used for calculating the payment shall be adjusted on January 1 of every year.(d) Recurrent requests shall be furnished in electronic format only.(e) Requests made for less than twelve (12) months of recurring data in a calendar year shall be priced at the monthly fee calculated under subparagraph (b) for Standard Format or subparagraph (c) for Expanded Format for each month requested.(4) Historical Driver License Data(a) For the purposes of this rule, "Historical Driver License Data" means data, either in Expanded or Standard Format, which is more than sixty (60) days old, determined from the date of the request.(b) For the preparing and furnishing of portions of Historical Driver License Data for multiple or all individual MVRs, TDOSHS shall charge 1/12 of the fee calculated under subparagraph (3)(b) for Standard Format requests or subparagraph (3)(c) for Expanded Format requests in the year in which the request is made, for each separate request made.(c) Historical Driver License Data requests shall be furnished in electronic format only.(5) All bulk requests, whether one time or recurrent, and all Historical Driver License data requests shall be accompanied by a statement on form SF-1289 (available at https://www.tn.gov/content/dam/tn/safety/documents/dppa.pdf), filled out in its entirety, indicating the request falls under one of the approved categories authorized by the Driver Privacy Protection Act of 1994 (18 U.S.C. §§ 2721-2725) and the Uniform Motor Vehicle Records Disclosure Act (T.C.A. §§ 55-25-101 et seq.) A new form may be required at the start of the calendar year for recurrent requests to verify the approved categories are still applicable to the requestor.Tenn. Comp. R. & Regs. 1340-08-01-.04
New rule filed September 21, 2009; to be effective February 28, 2010; however on January 26, 2010, the Department of Safety withdrew the rule. Original rule filed May 27, 2010; effective October 29, 2010. Amendments filed January 11, 2016; effective April 10, 2016. Amendments filed June 9, 2023; effective 9/7/2023.Authority: T.C.A. §§ 4-3-2009; 8-4-604(a)(1); 10-7-501, et seq.; and 55-50-204.