Transportation, Dept. of

Motor Vehicles & Licensing

Chapter 7: Motor Vehicle Records

Effective Date: 12/20/2023 to Current

Rule Type: Current Rules & Regulations

Reference Number: 045.0005.7.12202023

Chapter 7

Motor Vehicle Records

Section 1. Authority and Purpose. These rules of practice and procedure are promulgated by authority of W.S. 16-4-202(a) to protect the personal privacy of individuals by prohibiting the disclosure and use of personal information contained in their motor vehicle records, except as authorized by such individuals or by law.

Section 2. Definitions.

1. (a) “Department” means the Wyoming Department of Transportation.
2. (b) “Expressed consent” means written consent, including consent conveyed electronically that bears an electronic signature.
3. (c) “Highly restricted personal information” means an individual’s image, social security number, or medical or disability information.
4. (d) “Motor vehicle record” means a record pertaining to a motor vehicle operator’s permit, motor vehicle title or registration, or Department-issued identification card.
5. (e) “Person” means an individual, organization, or entity, but does not include this state or an agency thereof.
6. (f) “Personal information” means identifying information, including, but not limited to, an individual’s image, social security number, driver identification number, name, address, email address, phone number, or medical or disability information. This type of information does not include information on vehicular accidents, driving violations, or driver’s status.
7. (g) “Subject” means an individual or a legal entity about whom personal information is maintained in an information system.

Section 3. Prohibition on Release and Use of Certain Personal Information from State Motor Vehicle Records.

1. (a) Despite other provisions of state law to the contrary, except as provided in Sections 4 through 6 of this chapter, the Department and its officers, employees, agents, or contractors shall not release personal information the Department obtained from motor vehicle records.
2. (b) Despite other provisions of this chapter, under no circumstances shall highly restricted personal information the Department obtained from motor vehicle records be released, except as permitted by Section 5, subsections (a), (d), (f), and (i). This prohibition shall not in any way affect the use of organ donation information on an individual’s driver’s license or affect the administration of organ donation initiatives in the state.

Section 4. Required Disclosures. Personal information referred to in Section 3 of this chapter shall be disclosed to carry out the purposes of the following:

1. (a) Anti-car Theft Act of 1992, Titles I and IV;
2. (b) Automobile Information Disclosure Act (15 U.S.C. § 1231, et seq.);
3. (c) Clean Air Act (42 U.S.C. § 7401, et seq.) as amended;
4. (d) 49 U.S.C. § 30101, et seq.; § 32101, et seq.; and § 33101, et seq.; and
5. (e) All statutes and agency regulations enacted or adopted pursuant to the authority of or to attain compliance with the preceding Congressional acts.

Section 5. Permitted Disclosures. The Department and its officers, employees, or contractors may disclose personal information referred to in Section 3 of this chapter, subject to the exception in Section 3(b), to any person requesting such records if the requestor provides proof of identity and demonstrates that the requested information shall be used strictly for one or more of the following purposes:

1. (a) For use by government agencies—including courts, law enforcement agencies, or private persons or entities acting on a government agency's behalf—in carrying out agency functions.
2. (b) For use in matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, or dealers; motor vehicle market research activities, including survey research; and removal of motor vehicle manufacturer non-owner records from original owner records.
3. (c) For use by a legitimate business or its agents, employees, or contractors, but only:
4. (i) To verify the accuracy of personal information an individual submitted to the business or its agents, employees, or contractors; and
5. (ii) To obtain correct information if the submitted information is incorrect or is no longer correct for the sole purpose of preventing fraud by pursuing legal remedies against the individual or recovering on a debt or security interest against the individual.
6. (d) For use regarding civil, criminal, administrative, or arbitral proceedings before any court, government agency, or self-regulatory body—including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders—or regarding any court order.
7. (e) For use in research activities and in statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.

(f) For use by any insurer; insurance support organization; or self-insured entity or its agents, employees, or contractors regarding claims investigation activities, anti-fraud activities, rating, or underwriting.

(g) For use in providing notice to the owners of towed or impounded vehicles.

(h) For use by licensed private investigative agencies or licensed security services for any purpose permitted under this section.

(i) For use by employers or their agents or insurers to obtain or verify information required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. § 2710, et seq.) relating to commercial driver’s license holders.

(j) For use in operating private toll transportation facilities.

(k) For any other use specifically authorized by law and related to motor vehicle operation or public safety.

Section 6. Individual Records Disclosure. Personal information referred to in Section 3 of this chapter that is contained in an individual record may be disclosed to any requestor, without regard to intended use, if the Department obtained the express consent of the individual to whom such personal information pertains.

Section 7. Additional Conditions. In addition to provisions for payment of applicable fees, the Department may, before releasing personal information as permitted under Sections 4 through 6 of this chapter, require requestors to identify themselves and certify that the released information shall be used only as authorized or that the subject of the requested information has provided express consent. Such conditions may include, but need not be limited to, making and filing a written application in such form and containing such information and certification requirements as the Department may prescribe.

Section 8. Resale or Redisclosure.

(a) Authorized recipients of personal information, except recipients under Section 5(k) or Section 6 of this chapter, may resell or redisclose such information for uses permitted under Section 5.

(b) Authorized recipients of personal information under Section 6 may resell or redisclose personal information for any purpose.

(c) The Department shall require authorized recipients, except recipients of individual records under Section 6, who resell or redisclose personal information to:

(i) Maintain, for not less than five years, records identifying each person or entity that receives information and the permitted use for which the information will be used; and (ii) Upon request, make such records available for inspection by the Department.

Section 9. Fees.

(a) Motor Vehicle Registration or Title Records. All requests for motor vehicle registration or title records shall meet the requirements of Sections 3 through 8 of this chapter. The Department shall collect the following fees when filling such record requests:

1. (i) For the entire title and registration file: $4,250.
2. (ii) For a partial title and registration file: $2,250.
3. (iii) For each individual record supplied in written format: $15.

(iv) The Department shall charge contractor cost plus $1,000 for each request for records maintained pursuant to International Registration Program (IRP), International Fuel Tax Administrators (IFTA), or special fuel tax provisions.

(v) Additional fees shall be assessed for any requests requiring programming changes or additions.

(b) Driver's License Records. The Department shall collect the following fees when filling requests for driver's license records:

1. (i) Any person who meets the requirements for permitted disclosures under Section 5 shall pay a $3,250 minimum fee for the entire driver data file. A partial file fee shall be $1,750 minimum.
2. (ii) For permitted disclosures of individual records under Section 6 of this chapter, the fee shall be $3,250.
3. (iii) For special job runs for government agencies, the fee shall be $750 minimum.
4. (iv) For individual driving records, the fee shall be $10 per record request.
5. (v) Additional fees shall be assessed as needed for programming costs.