Md. Code Regs. 11.11.09.04 - Record Access
A. In General.
Pursuant to Transportation Article, §
12-111, Annotated Code
of Maryland, subject to General Provisions Article, §
4-320, Annotated
Code of Maryland, and except as otherwise provided by law, all records of the
Administration are public records and open to public inspection during office
hours.
B. Records Not Open to
Public Inspection. Pursuant to Transportation Article, §§
12-111,
16-117, and
16-118, Annotated Code
of Maryland, the following records are not open to public inspection:
(1) A driving record entry that is over 3
years old;
(2) A digital or
photographic image or signature;
(3) A record or notation of probation before
judgment;
(4) A record of a first
offense of driving with an alcohol concentration of 0.08 or more under
Transportation Article, §
16-205.1, Annotated
Code of Maryland; and
(5) Records
of the Medical Advisory Board.
C. Exceptions.
(1) Records of Any Age. Subject to the
provisions of §§B, D and E of this regulation and pursuant to
Transportation Article §
12-111(b)(3),
a driving record entry of any age shall be open to inspection by authorized
representatives of any federal, State, or local government agency.
(2) Photographic Images and Signatures. A
digital photographic image or signature of an individual shall be open to
inspection only as set forth in Transportation Article §
12-111, Annotated Code
of Maryland.
(3) Probation Before
Judgment Records and Records of a First Offense of Driving With an Alcohol
Concentration of 0.08 or More. A record or notation of probation before
judgment and a record of a first offense of driving with an alcohol
concentration of 0.08 or more shall be open to inspection only as set forth in
Transportation Article §
16-117, Annotated Code
of Maryland.
(4) Medical Advisory
Board Records. Records of the Medical Advisory Board shall be open to
inspection only as set forth in Transportation Article §
16-118, Annotated Code
of Maryland.
D. Public
Records Containing Personal Information. Personal information referred to in
General Provisions Article, §
4-320(f)(2),
Annotated Code of Maryland, shall generally be used in conformity with the
purposes of State and federal law, as amended, and specifically in compliance
with the following statutes:
(1) Federal
Automobile Information Disclosure Act (15 U.S.C. §
1231 et
seq.);
(2) Motor Vehicle
Information and Cost Saving Act (49 U.S.C. §
32101 et
seq.);
(3) National Traffic and
Motor Vehicle Safety Act of 1996 (49 U.S.C. §
30101 et seq.);
(4) Anti-Car Theft Act of 1992 (49 U.S.C. §
33101 et seq.);
(5) Clean Air Act (42 U.S.C. §
7401
et seq.);
(6) Driver's Privacy
Protection Act of 1994 (18
U.S.C. §
2721 et seq.); and
(7) General Provisions Article, Title 4,
Annotated Code of Maryland.
Notes
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