28-1852

28-1852. Adoption of compact

The driver license compact is entered into and enacted into law as follows:

Driver License Compact

Article I

Findings and Declaration of Policy

(a) The party states find that:

(1) The safety of their streets and highways is materially affected by the degree
of compliance with state and local ordinances relating to the operation of motor
vehicles.

(2) Violation of such a law or ordinance is evidence that the violator engages in
conduct which is likely to endanger the safety of persons and property.

(3) The continuance in force of a license to drive is predicated upon compliance
with laws and ordinances relating to the operation of motor vehicles, in whichever
jurisdiction the vehicle is operated.

(b) It is the policy of each of the party states to:

(1) Promote compliance with the laws, ordinances and administrative rules and
regulations relating to the operation of motor vehicles by their operators in each of the
jurisdictions where such operators drive motor vehicles.

(2) Make the reciprocal recognition of licenses to drive and eligibility therefor
more just and equitable by considering the overall compliance with motor vehicle laws,
ordinances and administrative rules and regulations as a condition precedent to the
continuance or issuance of any license by reason of which the licensee is authorized or
permitted to operate a motor vehicle in any of the party states.

Article II

Definitions

As used in this compact:

(a) "State" means a state, territory or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico.

(b) "Home state" means the state which has issued and has the power to suspend or
revoke the use of the license or permit to operate a motor vehicle.

(c) "Conviction" means a conviction of any offense related to the use or operation
of a motor vehicle which is prohibited by state law, municipal ordinance or
administrative rule or regulation, or a forfeiture of bail, bond or other security
deposited to secure appearance by a person charged with having committed any such
offense, and which conviction or forfeiture is required to be reported to the licensing
authority.

Article III

Reports of Conviction

The licensing authority of a party state shall report each conviction of a person
from another party state occurring within its jurisdiction to the licensing authority of
the home state of the licensee. Such report shall clearly identify the person convicted,
describe the violation, specifying the section of the statute, code or ordinance
violated, identify the court in which action was taken, indicate whether a plea of guilty
or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond
or other security, and shall include any special findings made in connection therewith.

Article IV

Effect of Conviction

(a) The licensing authority in the home state, for the purposes of suspension,
revocation or limitation of the license to operate a motor vehicle, shall give the same
effect to the conduct reported, pursuant to article III of this compact, as it would if
such conduct had occurred in the home state, in the case of convictions for:

(1) Manslaughter or negligent homicide resulting from the operation of a motor
vehicle.

(2) Driving a motor vehicle while under the influence of intoxicating liquor or a
narcotic drug or under the influence of any other drug to a degree which renders the
driver incapable of safely driving a motor vehicle.

(3) Any felony in the commission of which a motor vehicle is used.

(4) Failure to stop and render aid in the event of a motor vehicle accident
resulting in the death or personal injury of another.

(b) As to other convictions, reported pursuant to article III, the licensing
authority in the home state shall give such effect to the conduct as is provided by the
laws of the home state.

(c) If the laws of a party state do not provide for offenses or violations
denominated or described in precisely the words employed in subdivision (a) of this
article, such party state shall construe the denominations and descriptions appearing in
subdivision (a) hereof as being applicable to and identifying those offenses or
violations of a substantially similar nature and the laws of such party state shall
contain such provisions as may be necessary to ensure that full force and effect is given
to this article.

Article V

Applications for New Licenses

Upon application for a license to drive, the licensing authority in a party state
shall ascertain whether the applicant has ever held, or is the holder of a license to
drive issued by any other party state. The licensing authority in the state where
application is made shall not issue a license to drive to the applicant if:

(1) The applicant has held such a license, but the same has been suspended by
reason, in whole or in part, of a violation and if such suspension period has not
terminated.

(2) The applicant has held such a license, but the same has been revoked by reason,
in whole or in part, of a violation and if such revocation has not terminated, except
that after the expiration of one year from the date the license was revoked, such person
may make application for a new license if permitted by law. The licensing authority may
refuse to issue a license to any such applicant if, after investigation, the licensing
authority determines that it will not be safe to grant to such person the privilege of
driving a motor vehicle on the public highways.

(3) The applicant is the holder of a license to drive issued by another party state
and currently in force unless the applicant surrenders such license.

Article VI

Applicability of Other Laws

Except as expressly required by provisions of this compact, nothing contained herein
shall be construed to affect the right of any party state to apply any of its other laws
relating to licenses to drive to any person or circumstance nor to invalidate or prevent
any driver license agreement or other cooperative arrangement between a party state and a
non-party state.

Article VII

Compact Administrator and Interchange of Information

(a) The head of the licensing authority of each party state shall be the
administrator of this compact for his state. The administrators, acting jointly, shall
have the power to formulate all necessary and proper procedures for the exchange of
information under this compact.

(b) The administrator of each party state shall furnish to the administrator of
each other party state any information or documents reasonably necessary to facilitate
the administration of this compact.

Article VIII

Entry Into Force and Withdrawal

(a) This compact shall enter into force and become effective as to any state when
it has enacted the same into law.

(b) Any party state may withdraw from this compact by enacting a statute repealing
the same, but no such withdrawal shall take effect until six months after the executive
head of the withdrawing state has given notice of the withdrawal to the executive heads
of all other party states. No withdrawal shall affect the validity or applicability by
the licensing authorities of states remaining party to the compact of any report of
conviction occurring prior to the withdrawal.

Article IX

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be contrary to the constitution of
any party state or of the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state party thereto, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as to the state affected
as to all severable matters.