In this chapter—(1) “alcohol” has the same meaning given that term in regulations prescribed by the Secretary of Transportation.
(2) “chief driver licensing official” means the official in a State who is authorized to—(A) maintain a record about a motor vehicle operator’s license issued by the State; and
(B) issue, deny, revoke, suspend, or cancel a motor vehicle operator’s license issued by the State.
(3) “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
(4) “motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle operated only on a rail line.
(5) “motor vehicle operator’s license” means a license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways.
(6) “participating State” means a State that has notified the Secretary under section 30303 of this title of its participation in the National Driver Register.
(7) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
(8) “State of record” means a State that has given the Secretary a report under section 30304 of this title about an individual who is the subject of a request for information made under section 30305 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 973.)
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
3030123:401 (note).Oct. 25, 1982, Pub. L. 97–364, § 202, 96 Stat. 1740.
In clauses (4) and (5), the words “public streets, roads, or highways” are substituted for “highway” and “ ‘highway’ means any road or street” for consistency in the revised title.
In clause (4), the words “rail line” are substituted for “rail or rails” for consistency in the revised title.
The definitions of “Secretary”, “Register”, and “Register system” are omitted as surplus because the complete name of the Secretary of Transportation and the National Driver Register are used the first time the terms appear in a section.
Statutory Notes and Related Subsidiaries
Protection of Domestic Violence and Crime Victims From Certain Disclosures of InformationPub. L. 109–162, title VIII, § 827, Jan. 5, 2006, 119 Stat. 3066, provided that: “In developing regulations or guidance with regard to identification documents, including driver’s licenses, the Secretary of Homeland Security, in consultation with the Administrator of Social Security, shall consider and address the needs of victims, including victims of battery, extreme cruelty, domestic violence, dating violence, sexual assault, stalking or trafficking, who are entitled to enroll in State address confidentiality programs, whose addresses are entitled to be suppressed under State or Federal law or suppressed by a court order, or who are protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).”
Improved Security for Drivers’ Licenses and Personal Identification CardsPub. L. 116–260, div. U, title X, § 1001(c), Dec. 27, 2020, 134 Stat. 2306, provided that: “Notwithstanding any other provision of law (including regulations), beginning on the date of the enactment of this Act [Dec. 27, 2020], a State does not need to require an applicant for a driver’s license or identification card to provide separate documentation of the applicant’s Social Security account number in order to comply with the requirements of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note).”
Pub. L. 116–136, div. B, title VI, § 16006, Mar. 27, 2020, 134 Stat. 545, provided that: “The Secretary of Homeland Security, under the authority granted under section 205(b) of the REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C. 30301 note) shall extend the deadline by which States are required to meet the driver license and identification card issuance requirements under section 202(a)(1) of such Act until not earlier than September 30, 2021.”
Pub. L. 110–177, title V, § 508, Jan. 7, 2008, 121 Stat. 2543, provided that:
“(a) Minimum Document Requirements.—“(1) Minimum requirements.—For purposes of section 202(b)(6) of the REAL ID Act of 2005 [div. B of Pub. L. 109–13] (49 U.S.C. 30301 note), a State may, in the case of an individual described in subparagraph (A) or (B) of paragraph (2), include in a driver’s license or other identification card issued to that individual by the State, the address specified in that subparagraph in lieu of the individual’s address of principle residence.
“(2) Individuals and information.—The individuals and addresses referred to in paragraph (1) are the following:“(A) In the case of a Justice of the United States, the address of the United States Supreme Court.
“(B) In the case of a judge of a Federal court, the address of the courthouse.
“(b) Verification of Information.—For purposes of section 202(c)(1)(D) of the REAL ID Act of 2005 (49 U.S.C. 30301 note), in the case of an individual described in subparagraph (A) or (B) of subsection (a)(2), a State need only require documentation of the address appearing on the individual’s driver’s license or other identification card issued by that State to the individual.”
Pub. L. 109–13, div. B, title II, May 11, 2005, 119 Stat. 311, as amended by Pub. L. 115–323, § 2, Dec. 17, 2018, 132 Stat. 4443; Pub. L. 116–260, div. U, title X, § 1001(b), Dec. 27, 2020, 134 Stat. 2304, provided that:
Pub. L. 108–458, title VII, § 7212, Dec. 17, 2004, 118 Stat. 3827, which prohibited acceptance by a Federal agency, for any official purpose, of a driver’s license or personal identification card issued by a State more than 2 years after the promulgation of minimum standards unless the driver’s license or personal identification card conformed to such minimum standards, and directed the Secretary of Transportation, in consultation with the Secretary of Homeland Security, to establish such standards not later than 18 months after Dec. 17, 2004, was repealed by Pub. L. 109–13, div. B, title II, § 206, May 11, 2005, 119 Stat. 316.
Evaluation and Assessment of AlternativesPub. L. 105–178, title II, § 2006(c), June 9, 1998, 112 Stat. 336, provided that:
“(1) Evaluation.—The Secretary shall evaluate the implementation of chapter 303 of title 49, United States Code, and the programs under sections 31106 and 31309 of such title and identify alternatives to improve the ability of the States to exchange information about unsafe drivers and to identify drivers with multiple licenses.
“(2) Technology assessment.—The Secretary, in conjunction with the American Association of Motor Vehicle Administrators, shall conduct an assessment of available electronic technologies to improve access to and exchange of motor vehicle driving records. The assessment may consider alternative unique motor vehicle driver identifiers that would facilitate accurate matching of drivers and their records.
“(3) Report to congress.—Not later than 2 years after the date of enactment of this Act [June 9, 1998], the Secretary shall transmit to Congress a report on the results of the evaluation and technology assessment, together with any recommendations for appropriate administrative and legislative actions.
“(4) Authorization of Appropriations.—There is authorized to be appropriated to carry out paragraph (2) $250,000 in the aggregate for fiscal years beginning after September 30, 1998.”
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.