Does a potential employer have a right to request driving records of new applicants?
Full Question:
Does a potential employer have a right to request driving records of new applicants especially when no driving or company car is required for position? I had a DUI in 2002 and an OWI in 2006. I have not consumed any alcohol since September 8, 2006 and regularily attend AA meetings.
03/23/2009 |
Category: Employment |
State: Michigan |
#15728
Answer:
The following is a list of permissible purposes for which a person or entity may be entitled to purchase list information from the records of the Michigan Department of State's driver and/or vehicle files.
1. For use by a federal, state, or local governmental agency, including a court or law enforcement agency, in carrying out the agency's functions, or by a private person or entity acting on behalf of a governmental agency in carrying out the agency's functions.
2. For use in connection with matters of motor vehicle and driver safety or auto theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles; motor vehicle market research activities, including survey research; and the removal of non-owner records from the original records of motor vehicle manufacturers.
3. For use in the normal course of business by a legitimate business, including the agents, employees, and contractors of the business, but only to verify the accuracy of personal information submitted by an individual to the business or its agents, employees, or contractors, and if the information as so submitted is no longer correct, to obtain the correct information, for the sole purpose of preventing fraud by pursuing legal remedies against, or recovering a debt against, the individual.
4. For use in connection with a civil, criminal, administrative, or arbitration proceeding in a federal, state, or local court or governmental agency or before a self-regulatory body, including use for service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court, an administrative agency, or a self-regulatory body.
5. For use in legitimate research activities and in preparing statistical reports for commercial, scholarly, or academic purposes by a bona fide research organization, if the personal information is not published, re-disclosed, or used to contact individuals.
6. For use by an insurer or insurance support organizations, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigating activity, antifraud activity, rating, or underwriting.
7. For use in providing notice to the owner of an abandoned, towed, or impounded vehicle.
8. For use either by a private detective or private investigator licensed under the Private Detective License Act of 1965, as amended (1965 PA 285; MCL 338.821 to 338.851), or by a private security guard agency or alarm system contractor licensed under the Private Security Guard Act of 1968, as amended (1968 PA 330; MCL 338.1051 to 338.1085), only for another permissible purpose listed here.
9. For use by an employer, or the employer's agent or insurer, to obtain or verify information relating either to the holder of a commercial driver's license that is required under federal law or to the holder of a chauffeur's license that is required under Chapter 3 of the Michigan Vehicle Code.
10. For use by a car rental business, or its employees, agents, contractors, or service firms, for the purpose of making rental decisions.
11. For use in connection with the operation of private toll transportation facilities.
12. For use by a news medium in the preparation and dissemination of a report related in part or in whole to the operation of a motor vehicle or public safety.
13. For any use by an individual requesting information pertaining to himself or herself or requesting in writing that the Secretary of State provide information pertaining to himself or herself to the individual's designee. (A request for disclosure to a designee may be submitted only by the individual.)
To obtain a driving record of violations and accidents regarding any person from the Michigan Department of State, it is necessary to submit the full name, address, date of birth, social security number, and driver license number along with other information requested on BDVR Form 153, (Record Lookup Request). This form is available from the Michigan Department of State. It is also on their website, http://www.michigan.gov/sos/.
