11.11.09.04

.04 Record Access.

A. In General. Pursuant to Transportation Article, §12-111, Annotated Code of Maryland, subject to §10-616(p) of the State Government Article, 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. 2Public Records Containing Personal Information. Personal information referred to in State Government Article, §10-616(p)(5)(ii), 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) Driverís Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.); and

(7) State Government Article, §§10-611 et seq., Annotated Code of Maryland.