41-1a-116 - Records -- Access to records -- Fees.
41-1a-116. Records -- Access to records -- Fees.
(1) (a) All motor vehicle title and registration records of the division are protected unlessthe division determines based upon a written request by the subject of the record that the recordis public.
(b) In addition to the provisions of this section, access to all division records is permittedfor all purposes described in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C.Chapter 123.
(2) (a) Access to public records is determined by Section 63G-2-201.
(b) A record designated as public under Subsection (1)(a) may be used for advertising orsolicitation purposes.
(3) Access to protected records, except as provided in Subsection (4), is determined bySection 63G-2-202.
(4) In addition to those persons granted access to protected records under Section63G-2-202, the division may disclose a protected record to a licensed private investigator,holding a valid agency or registrant license, with a legitimate business need, a person with a bonafide security interest, or the owner of a mobile home park subject to Subsection (5), only uponreceipt of a signed acknowledgment that the person receiving that protected record may not:
(a) resell or disclose information from that record to any other person except as permittedin the federal Driver's Privacy Protection Act of 1994; or
(b) use information from that record for advertising or solicitation purposes.
(5) The division may disclose the name or address, or both, of the lienholder or mobilehome owner of record, or both of them, to the owner of a mobile home park, if all of thefollowing conditions are met:
(a) a mobile home located within the mobile home park owner's park has beenabandoned under Section 57-16-13 or the resident is in default under the resident's lease;
(b) the mobile home park owner has conducted a reasonable search, but is unable todetermine the name or address, or both, of the lienholder or mobile home owner of record; and
(c) the mobile home park owner has submitted a written statement to the divisionexplaining the mobile home park owner's efforts to determine the name or address, or both, of thelienholder or mobile home owner of record before the mobile home park owner contacted thedivision.
(6) The division may provide protected information to a statistic gathering entity underSubsection (4) only in summary form.
(7) A person allowed access to protected records under Subsection (4) may request motorvehicle title or registration information from the division regarding any person, entity, or motorvehicle by submitting a written application on a form provided by the division.
(8) If a person regularly requests information for business purposes, the division may byrule allow the information requests to be made by telephone and fees as required underSubsection (9) charged to a division billing account to facilitate division service. The rules shallrequire that the:
(a) division determine if the nature of the business and the volume of requests merit thedissemination of the information by telephone;
(b) division determine if the credit rating of the requesting party justifies providing abilling account; and
(c) requestor submit to the division an application that includes names and signatures of
persons authorized to request information by telephone and charge the fees to the billing account.
(9) (a) The division shall charge a reasonable search fee determined under Section63J-1-504 for the research of each record requested.
(b) Fees may not be charged for furnishing information to persons necessary for theircompliance with this chapter.
(c) Law enforcement agencies have access to division records free of charge.
Amended by Chapter 183, 2009 General Session