8-1212. Driver license compact.
8-1212
8-1212. Driver license compact.
The driver license compact is hereby enacted into law and entered into with
all other jurisdictions legally joining therein in the form substantially
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 laws 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 continuation 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 nonparty
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 provisions 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.
History: L. 1965, ch. 73, § 1; July 1.