Virginia SB 334: Photo speed monitoring devices; localities, locations.

Bill Text

2022SESSION
INTRODUCED
22101388D
1 SENATEBILLNO.334
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend and reenact §§ 46.2-208 and 46.2-882.1 of the Code of Virginia, relating to photo
5 speed monitoring devices; localities; locations.
6 ––––––––––
Patrons––Bell;Delegate:Carr
7 ––––––––––
8 ReferredtoCommitteeonTransportation
9 ––––––––––
10 Be it enacted by the General Assembly of Virginia:
11 1. That §§46.2-208 and 46.2-882.1 of the Code of Virginia are amended and reenacted as follows:
12 §46.2-208. Records of Department; when open for inspection; release of privileged information.
13 A. The following information shall be considered privileged and unless otherwise provided for in this
14 title shall not be released except as provided in subsection B:
15 1. Personal information as defined in §2.2-3801;
16 2. Driver information, defined as all data that relates to driver's license status and driver activity;
17 3. Special identification card information, defined as all data that relates to identification card status;
18 and
19 4. Vehicle information, including all descriptive vehicle data and title, registration, and vehicle
20 activity data, but excluding crash data.
21 B. The Commissioner shall release such information only under the following conditions:
22 1. Notwithstanding other provisions of this section, medical information included in personal
23 information shall be released only to a physician, physician assistant, or nurse practitioner in accordance
24 with a proceeding under §§46.2-321 and 46.2-322.
25 2, 3. [Repealed.]
26 4. Upon the request of (i) the subject of the information, (ii) the parent of a minor who is the subject
27 of the information, (iii) the guardian of the subject of the information, (iv) the authorized agent or
28 representative of the subject of the information, or (v) the owner of the vehicle that is the subject of the
29 information, the Commissioner shall provide him with the requested information and a complete
30 explanation of it. Requests for such information need not be made in writing or in person and may be
31 made orally or by telephone, provided that the Department is satisfied that there is adequate verification
32 of the requester's identity. When so requested in writing by (a) the subject of the information, (b) the
33 parent of a minor who is the subject of the information, (c) the guardian of the subject of the
34 information, (d) the authorized agent or representative of the subject of the information, or (e) the owner
35 of the vehicle that is the subject of the information, the Commissioner shall verify and, if necessary,
36 correct the personal information provided and furnish driver, special identification card, or vehicle
37 information. If the requester is requesting such information in the scope of his official business as
38 counsel from a public defender's office or as counsel appointed by a court, such records shall be
39 provided free of charge.
40 5. Upon the written request of any insurance carrier or surety, or authorized agent of either, the
41 Commissioner shall furnish to such requester information in the record of any person subject to the
42 provisions of this title. The transcript shall include any record of any conviction of a violation of any
43 provision of any statute or ordinance relating to the operation or ownership of a motor vehicle or of any
44 injury or damage in which he was involved and a report filed pursuant to § 46.2-373. No such report of
45 any conviction or crash shall be made after 60 months from the date of the conviction or crash unless
46 the Commissioner or court used the conviction or crash as a reason for the suspension or revocation of a
47 driver's license or driving privilege, in which case the revocation or suspension and any conviction or
48 crash pertaining thereto shall not be reported after 60 months from the date that the driver's license or
49 driving privilege has been reinstated. The response of the Commissioner under this subdivision shall not
50 be admissible in evidence in any court proceedings.
51 6. Upon the written request of any business organization or its authorized agent, in the conduct of its
52 business, the Commissioner shall compare personal information supplied by the requester with that
53 contained in the Department's records and, when the information supplied by the requester is different
54 from that contained in the Department's records, provide the requester with correct information as
55 contained in the Department's records. Personal information provided under this subdivision shall be
56 used solely for the purpose of pursuing remedies that require locating an individual.
57 7. Upon the written request of any business organization or its authorized agent, the Commissioner
58 shall provide vehicle information to the requester. Disclosures made under this subdivision shall not
INTRODUCED
SB334
7/29/22
13:33

SB334 2of7
59 include any personal information, driver