13 AAC 08.370. Release of driving record

(a) When a motor vehicle insurance policy as described in AS 28.20.440 (b)(2) and (3) or in AS 28.20.440 (c) is applied for by a person, or on a person's behalf, and the application signed by the applicant contains a statement that a traffic driving record report may be obtained by the insurer, then the person will be considered as having given consent as required in AS 28.15.151 (d) for the insurer to obtain a traffic driving record report on the applicant or any person named in the application as driver of the insured vehicle.

(b) When an employer, individual person, or organization, under circumstances other than those described in (a) of this section, requests a copy of a licensee's driving record, the request must be accompanied by a release from the licensee authorizing the requestor to receive a copy of the record.

(c) A driving record released to an organization or person will contain convictions for traffic offenses, and actions taken against the license, as follows:

(1) convictions for offenses listed in AS 28.15.181 and 28.15.291 will be released if the violation was committed within the five years before the date the record is run;

(2) convictions for traffic offenses other than those listed in AS 28.15.181 and 28.15.291 will be released if the violation was committed within the three years before the date the record is run;

(3) license actions will, in the department's discretion, be released to display licensing actions that have occurred within the three years after the ending date of the last license action.

(d) A driving record released to a law enforcement or other governmental agency will include convictions for traffic offenses within the six years before the date the record is run, except that (1) for the offenses of driving while intoxicated, refusal to submit to a chemical test of breath, reckless driving, leaving the scene of an injury accident, manslaughter with a vehicle, negligent homicide with a vehicle, assault with a vehicle, and fleeing or eluding a police officer, any conviction within the 11 years before the date the record is run will be included; and (2) for the offenses of driving while intoxicated, refusal to submit to a chemical test of breath, leaving the scene of an injury accident, and a felony involving a motor vehicle, any conviction within 50 years before the date the record is run will be included if the offense was committed while operating a commercial motor vehicle. The record will include license actions if the ending date of the action is within six years before the date the record is run, except that if the license action was taken under AS 28.22, regarding mandatory insurance, the record will include the action if the ending date of the action is within 11 years before the date the record is run.

History: Eff. 5/2/81, Register 78; am 8/9/84, Register 91; am 2/7/91, Register 117; 10/2/92, Register 123

Authority: AS 28.05.011

AS 28.15.151

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