Driver History Business Operations

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1 Driver History Business Operations The purpose of this document is to describe the current business processes and operations within Driver History. There are fifty separate processes covered in this document. Each section describes a different process.

2 Table of Contents 1. Accidents Appeals Certified Information and Abstracts Compulsory Insurance Enforcement Court Indefinite Suspensions Court Term Suspensions Dishonored Checks DUI and alcohol program suspensions DUI boating violations and suspensions DWS driving while suspended or revoked Fatal Accident Review Fees Medical Review Cases Misstatement, Misuse, Fraud Misstatement, Misuse, Fraud Out of State Suspensions Point System Suspensions Probationary Driver Program Reexaminations Security Responsibility Surrendered driver licenses and registrations and plates Uninsured Motorist System Violations Conference Determine fees due Fees Message Notice Orders Program Eligibility Restoration Eligibility Suspension Violations Warnings Point Reduction Credits CDL Review Bus Driver Review Bus Driver Review Limo Driver Review

3 40. Multiple Driver Resolution (MDR) OAL Transmittal HAZMAT Review School Bus Inspection Fee Collection School Bus Insurance Verification School Bus Refusal to Inspect HDD Re-inspection Request and Suspension Warning School Bus Co. Maintenance Inspection Certification and Related Suspension Provisional License Juvenile Court Actions HDD Violations Second Offense

4 1. Accidents Insurance Verification Summary Brief description of the purpose of this process. What decision(s) will be made, etc. Maintain accident record information for compulsory insurance enforcement and to monitor for evidence of operating while suspended that triggers scheduled suspension and other events that become part of the driver history (DH) record. Participants Who participates in this process and what is their role Participant Role Local and state police NJ DOT MVC MATRX MVC Security Responsibility Unit Driver/Owner Investigate motor vehicle accidents and submit accident report forms to NJ DOT. Identify drivers/owners as NJ legal entities/persons/residents and licensees/vehicle registrants, and named insured on auto insurance policies. Bureau of Safety Programs within DOT receives police accident reports, enters accident data into an electronic information warehouse, and sends accident information to MVC. Receives accident information and matches the data to legal entity personal profile(s) on MVC records; updates the proper DH records with accident events and related accident details. If driver suspended on date of accident, initiates suspension action for operating while suspended. Receives accident insurance coverage data, and forwards to insurance carriers with request to validate claimed coverage and /or report invalid insurance information and denials of coverage. If insurance info is invalid or if coverage denied, this unit initiates suspension of driver/owner s driving and registration privileges. Operator and/or owner of vehicle involved in police reported accident. Named insured on insurance policy covering vehicle in question. If NJ resident, a legal entity/person, license holder or vehicle owner and registrant (if owner but not operating vehicle involved in accident. If uninsured or

5 operating while suspended, will receive notices of scheduled suspension, and responds to same. Communicates with MVC in various ways. If privileges suspended, pays restoration fees before privileges are restored. Forms and Information Needed or Supplied What information or forms are provided to MVC to complete this process. Information/form Description Police accident report forms Accident information Accident insurance report Notice of scheduled suspension for failure to maintain insurance Order of suspension related to above Restoration fee due notice Fee payment records Restoration notice Notice of sched suspension for operating while suspended MVC Forms NJTR-1, NJTR-1A, NJTR-1B Accident event on DH with related event details Insurance information on all vehicles involved in accident. Forwarded to insurance carriers for verification or denial. MVC will send to driver/owner if insurance coverage denied. 30 days compliance period. Driver/owner must prove current insurance coverage or proper disposition of vehicle and plates If no compliance or response, MVC will issue an order suspending both driving and registration privileges indefinitely until compliance is received Once compliance is received, reminds driver/owner he owes a restoration fee for each suspended privilege before they will be restored. Records of all restoration fee payments by various methods MVC will issue when compliance requirements are met and fees paid If accident date falls during period when driver s license is suspended, MVC will propose to suspend driver s license for a period of 6 months. Driver may accept or request a hearing. Has 25 days to respond. (See use case for discretionary sched susps, hearing requests accepted/denied and scheduled conferences and formal OAL hearings. Description of Current Process What steps, exceptions and variations are there for this process Police departments submit accident report forms to DOT Bureau of Safety Programs which enters accident data into an electronic computer data warehouse.

6 DOT sends MVC information it needs to identify involved drivers, passengers, pedestrians, vehicles, owners, registrations, insurance coverage, report police agency, and date, time and location of accident. MVC will match accident report data with legal entity person profile info on MVC files and update the proper DH record with an accident event and related accident details. MVC will contact the listed insurance company to verify the insurance coverage claimed by drivers/owners. If coverage is verified, no further action is taken. If the insurance company denies coverage, or if no coverage is listed, MVC will schedule the suspension of the driving and registration privileges of the driver/owner, enter the appropriate scheduled suspension event with related event details on DH record, send a notice of scheduled suspension with vehicle, accident, and insurance denial details and reasons, pending 30 days for compliance, by proof of current insurance coverage or valid disposition of the vehicle and plates. In certain cases where there is no coverage on the date of accident, a driver/owner may be required to deposit a sum of money as security to cover the estimated property damage and/or personal injuries of another party. If valid proof is received during the pending period, the scheduled suspension is canceled, and MVC will send notice of cancellation to the driver/owner. If no response is received, or proof that is not valid, suspension becomes effective as of the scheduled suspension effective date, and remains in effect indefinitely until the driver/owner responds and complies with proof requirements, and pays a restoration fee for each privilege suspended, Privilege status and privilege fee logs are updated. Case log is update. If driver/owner contacts MVC about case, the interaction log will be updated. When the driver/owner satisfies suspension requirements, restoration eligible date becomes current date and notice of fees due is sent. DH, case and fee logs are updated to reflect the fees due. When restoration fees are paid and privileges restored, DH record, privilege status, fee and case logs are updated. Interaction log reflects manner of fee payments. If the accident date occurs on a date which falls during a period when the driver s license privilege is suspended, MVC will schedule a new 6 month license suspension. Notice of scheduled suspension will be mailed to the driver. DH record and appropriate logs will be updated. Driver given 25 days to accept suspension or request a hearing. (For more detail, see use cases concerning discretionary administrative suspensions with hearing option, conference scheduling and screening, and formal hearings before OAL) In addition to the above, accident record transactions include deleting, reentering, and modifying existing accident event record data.

7 2. Appeals Violations/suspensions/stay or no stay Summary Brief description of the purpose of this process. What decision(s) will be made, etc. Representatives in Driver Management and Data Entry process and update the status of Appeals, indicating when a conviction is stayed pending an appeal, won on appeal, or lost on appeal. Working with the 3 levels of courts, MVC receives the results on paper and updates the record accordingly. Furthermore, MVC reviews a quarterly report of all convictions in a Pending appeal status, and research the outcome of those cases with the assistance of the courts and the Administrative Office of the Courts (AOC). Participants Who participates in this process and what is their role Participant Role Driver Municipal Court Driver Management Data Entry Unit Superior Court, Law Division Appellate Division of Superior Court NJ. Supreme Court Court Clerks AOC- Administrative Office of the Court MVC Computer System Commits violation and is convicted Hands down original conviction, reports it, and issues a stay if the case is being appealed. Review & Processing Review & Processing Hear Municipal Court Appeals and renders a decision, informs MVC and the Lower Court Hears appeals that go beyond the Superior Court and renders decisions Hears appeals that go beyond the Appellate Division. Contact agents at each level of the judicial process that report the information to MVC MVC works in conjunction with AOC to research the results of appeal that have not been reported to MVC. Currently AMM4 and AMM5 are used to modify records and post violations and suspensions.

8 ATS Surcharge System Automated Traffic System-Court system that records, tracks, and reports violations, convictions, and suspensions. Generates surcharges when violations are posted, and credits accounts when violations are pending appeal. Forms and Information Needed or Supplied What information or forms are provided to MVC to complete this process Information/form Description DE2 (MF1 Card) DE14 (MF4 Card) Court Order Judgment of Conviction NJ MVC Disposition of Traffic Violation NJ MVC Disposition of Appeal of Traffic Violation Decision of the Court signed by Judge Decision by the court in form letter format. Forms and Information Created What information, notices, forms, etc. are generated by this process Information/form Description DC26 Confirmation of Suspension Stay Acknowledgment Restoration Fee Due Alcohol Program Fee Due Authorization for Driver Record Update Notice sent to driver to confirm decision of the court, advises for fees due and length of suspension. (DMV-N-STPA) Notice to driver that advises that MVC has received a stay of the conviction from the court, and that their driving privileges are once again in good standing. Advises a fee is due for restoration Advises a fee is due for the alcohol program (Alcohol offenses only) Description of Current Process What steps, exceptions and variations are there for this process Before the Appeal Process can be explained, it must be noted that several things must first occur that lead to the appeal process. First, a driver must be cited by the police and convicted of a violation in the Municipal Court. The municipal court personnel enter the ticket information into the Automated Traffic System (ATS) and upon conviction, forward the information to MVC electronically. If the information contains a NJ license number, the violation and suspension will post directly to the proper record. If the information contains and out of state license number, or is left blank, the information transmits on an error report and must be

9 entered manually by date entry personnel at MVC using AMM5 (option VF). This is where the appeal process begins. Once convicted of a violation and issued a suspension by the court, MVC sends a confirmation of suspension to the driver advising them of the effective date, length and municipality of their suspension and if any fees are due. If applicable, the violation will generate a surcharge. The driver has 20 days to file an appeal of their conviction to the Superior Court. A stay of the conviction may be issued in one of 3 ways, it can be granted at the time of conviction by the Municipal Court Judge, it can be granted by the same judge after conviction but within the 20 day timeframe, or if a stay is denied at the Municipal Court, the driver can obtain a stay from the Superior Court. MVC is informed of a stay by either the court submitting an amended MF1 Card (DE2)-NJ Disposition of Traffic Violation, or by either the driver or their attorney submitting a court issued stay of the conviction signed by a Judge. Upon receipt of the stay, a MVC representative must manually change the status of the violation and suspension from an Active status (AC) to Pending Appeal status (PA). A DC-26 form is completed noting the changes to the record, and all documents are filed for microfilming. The DC26 code (DMV-M-DC26) is entered on the system with text details of the transaction. An Acknowledgement of Court Stay (DMV-N-STPA) is mailed to the driver to advise them that the suspension has been stayed and their driving privileges are in good standing, provided they are not suspended for other reasons. The violations and suspension remain in the PA pending appeal status until MVC is given the results of the appeal. Once the Superior Court hears the appeal and renders it s decision, it is submitted to MVC on a MF4 Card (DE14) NJ MVC Disposition of Appeal Traffic Violation, which is sometimes accompanied by a court order. If the appeal is won, the violation and suspension are changed to the WA won appeal status, a DC26 form is completed noting the changes to driver history, and a text entry is made on the record. All documents are then filed for microfilming. If the case is lost on appeal, the violation and suspension are changed to LA Lost appeal status. The violation and suspension are reposted to the record reflecting the Superior Court codes and dates. A DC26 form is completed, a text entry is made, and all documents are microfilmed. A confirmation of suspension is again sent to the driver. If the driver decides to appeal their case to the Appellate division, the process repeats itself. The driver has 45 days to file an appeal, and must obtain a stay of the conviction from either the Superior or Appellate Court. If a stay is obtained, the entries are changed again from AC to PA. A DC26 form is completed, a text entry made, and all documents are microfilmed. Again, an Acknowledgement of Court Stay is issued to the driver. Once the Appellate Division hears the case, it is submitted to MVC by a court order or a Judgment of Conviction. Upon receipt of the Appellate decision, the changes are made as before with either the WA or LA codes, and a DC26 form being completed. If lost on appeal, a confirmation of

10 suspension is again sent to the driver. In some cases, the driver may decide to appeal once more, this time to the New Jersey Supreme Court. They must obtain a stay from the Appellate or Supreme Court, and the process repeats itself once again until final resolution. NOTABLE DISTINCTIONS: If the conviction does not carry a suspension term, for example if someone is appealing a simple speeding ticket, no notices are sent to the driver. However, the process remains the same. As with any process, there are exceptions. If the case were remanded back to a lower court for a new trial, the violation and suspension would be deleted from the record entirely until a new result is rendered by the lower court on retrial. From there, the process begins again. In some cases, a driver may be unable to obtain a stay of the conviction in which case all entries remain in the AC status and documents submitted by the courts after rendering their decisions are simply microfilmed for reference. Also, the only way MVC can be notified of an appeal result is if the court sends it in, otherwise a conviction will remain in the PA pending appeal status forever. In 2002, MVC IT Systems created and sent us a quarterly report of all violations in the PA status. With the assistance of AOC (Administrative Office of the Courts) we have been researching the results of the older appeal cases and have updated DH records to reflect the final results of the appeals.

11 3. Certified Information and Abstracts Certified Information and Abstracts: requested and issued by various methods Summary Brief description of the purpose of this process. What decision(s) will be made, etc. Used by a Court, Insurance Company, Attorney/Investigator, Employer or Customer/Driver to review the Driver History and/or related documents from microfilm (i.e. License Applications, Registration Applications, Letters, etc.) for sentencing, rating, civil investigations, hiring purposes or personal information (to investigate for suspicious activity), respectively. Participants Who participates in this process and what is their role Participant MVC MATRX Legal Entity (Individual or Business) MVC Employee Court Insurance Company Attorney/ Investigator Employer Role Maintains all motor vehicle related information. Receives information and matches the data to legal entity personal profile(s) on MVC records; updates the proper records with related event details. Apply for and review certified information and/or abstract. Receive and respond to certified information and/or abstract requests by outside participants. Apply for and review certified information and/or abstract. Apply for and review certified information and/or abstract. Apply for and review certified information and/or abstract. Apply for and review certified information and/or abstract.

12 Forms and Information Needed or Completed What information or forms are provided to MVC to complete this process or completed as a result of this process. Information/form RSC-2 CERTIFIED RECORDS TRANSMITTAL FORM DO-11 DRIVER LICENSE APPLICATION REQUEST DO-11A VEHICLE REGISTRATION APPLICATION REQUEST DO-21 DRIVER HISTORY ABSTRACT REQUEST DO-22 REQUEST FOR LIEN SEARCH ABSTRACT DISPLAY 5 YEAR Complete Driver History Description A controlled Regional Service Center (RSC) form, completed by both the applicant and MVC personnel to ascertain the request and document required and collected fees. It is used to request both abstracts and certified documents. Application required to request from microfilm, certified copies of driver s license applications that the driver had previously submitted. Application required to request from microfilm, certified copies of vehicle registration applications that the owner had previously submitted. A form, completed by the applicant to ascertain the requestor and the request and to document required fees. It is completed to request both abstracts and certified documents. It is utilized for both RSC and mail-in requests. Application required to request from microfilm, certified copies of vehicle title applications and lien information that the owner had previously submitted. A chronological listing of events, that occurred less than five years prior to application, which is retrieved from the MVC MATRX as posted to the Driver History. A chronological listing of all DH events, which is retrieved from the MVC MATRX as posted to the Driver History.

13 Certified Document Microfilmed documents utilized to update information on the Driver History including, but not limited to, License Applications, Registration Applications, MVC Correspondence, and Certified Mailing Lists. Description of Current Process What steps, exceptions and variations are there for this process In Person (only the driver of record or representative with notarized authority of the driver: Applicant/ or individual having a Power of Attorney (POA)to act on their behalf requests a certified document* or abstract. The applicant s identity is verified MVC Employee completes RSC 2 Fee Authorization form Legal Entity completes DO-21 Driver History Abstract request The MVC employee at the Reception Desk ensures that the applications are complete and accurate, logs the driver s license number, retrieves the requested information from the MVC MATRX and prints the documents using Amm1, Option AB in the Fee Unit. The MVC employee in the Fee Unit receives the printed documents, reviews for misprints, and certifies them. The completed applications are forwarded to the Fee Unit. Legal Entity is called; Identity rechecked and submits payment of $ MVC Employee processes transaction through the register using the keys programmed for certified information. Legal Entity then is issued the pink copy of RSC 2 and register receipt and the certified abstract /information *Certified documents must be retrieved from microfilm, thereby requiring an appearance with a MVC employee in an additional unit within the RSC. Applicant/ or individual having a Power of Attorney ( POA)to act on their behalf is issued an RSC 1 form MVC employee then processes the Personal Appearance by entering proper event code i.e DMV M PAET indicate Personal Appearance at Eatontown : : Description of what occurred on Amm4 option DH /pf 9 Key ( sorry cannot provide

14 blank screen ) Event codes are utilized to indicate site and RSC 1 number is entered to track transaction Certain requests are only available via mail from the central units in Trenton. Requestors appearing at a RSC are provided with the necessary application(s) (form DO-11, DO-11A, DO-22 etc.).

15 4. Compulsory Insurance Enforcement Compulsory Insurance Enforcement: verify insurance on accident involved vehicles Summary Brief description of the purpose of this process. What decision(s) will be made, etc. To verify insurance on vehicles involved in accidents. Participants Who participates in this process and what is their role Participant Role Local & State Police NJ DOT MVC Driver History System MVC Security Responsibility Unit Driver/Owner Investigates motor vehicle accidents and submit accident reports to NJ DOT. They identify drivers/owners as NJ legal entities/persons/residents and licensees/vehicle registrants, and named insured on auto insurance policies. Bureau of Safety Program within DOT receives police reports, enters accident data into an electronic information warehouse, and sends accident information to MVC. Receives accident information and matches the data to Legal entity personal profile(s) on MVC records; update the proper driver history records with accident events and related accident details. If driver suspended on date of accident, initiate suspension action for operating while suspended. Receives accident insurance coverage data, and forwards it to insurance carriers with request to validate claimed coverage and/or report invalid insurance information and denials of coverage. If insurance information is invalid or if coverage denied, this unit initiates the suspension of driver/owner s driving and registration privileges. Operator and/or owner of vehicle involved in police reported accident. Named insured on insurance policy. Forms and Information Needed or Completed What information or forms are provided to MVC to complete this process or completed as a result of this process. Information/form Description

16 Police accident Report form, Accident Information, Accident Insurance Report Notice of Scheduled Suspension for failure to maintain insurance Order of Suspension related to above Restoration Fee Due Notice Fee Payment records Restoration Notice Notice of Scheduled Suspension for operating while suspended MVC forms NJTR-1. Accident event on driver history with related details. Insurance information on all vehicles involved in accident. Forwarded to insurance carriers for verification or denial. Notice MVC sends to driver/owner, if insurance coverage is denied. 30 day compliance period. Driver/owner must provide proof of current insurance coverage or proper disposition of vehicle and plates. If no compliance or response, MVC will issue an order suspending both driving and registration privileges indefinitely until compliance is received. Once compliance is received, this notice reminds driver/owner he owes a restoration fee for each suspended privilege before they will be restored. Records of all restoration fee payments by various methods. MVC will issue when compliance requirements are met and fees paid. If accident date falls during a period when driver s license is suspended, MVC will propose to suspend driver s license for a period of 6 months. Driver may accept or request a hearing, has 25 days to respond. Description of Current Process What steps, exceptions and variations are there for this process We react when the driver/owner did not present proof of insurance to police at the scene; we also get insurance reports Bureau of Safety Programs, NJDOT. The Security Responsibility Unit breaks down these reports by insurance company and mails each to the corresponding insurance company. The insurance company verifies whether the driver/owner had insurance coverage and returns the reports back to MVC with their findings. For the driver/owner who is found to have no insurance, we schedule a suspension of their driving and registration privileges. They have 30 days to provide: 1) proof of current insurance; 2) turn in plates (surrender); or, 3) show proof of out of state residency. If driver/owner complies, scheduled suspension is cancelled. If they do not, an order of suspension goes into effect after 45 days.

17 When the driver/owner satisfies the suspension requirements, restoration eligible date becomes current and a notice of restoration fee due is sent. When the restoration fees are paid and privilege restored, driver history record, privilege status, fee and case logs are updated.

18 5. Court Indefinite Suspensions Court Indefinite Suspensions: e.g. POAA (Parking Offenses) Summary Brief description of the purpose of this process. What decision(s) will be made, etc. License suspensions ordered per the Parking Offenses Adjudication Act (POAA) are court indefinite suspensions. When legal entity/registered owner pays court fines, and provides MVC court receipt(s) and pays $100 restoration fee to MVC the legal entity/registered owner is restored. Participants Who participates in this process and what is their role Participant Police Courts MVC MATRX Driver Management Bureau Legal Entity/Registered Owner Role Police issues parking ticket to legal entity/registered owner using the plates on vehicle. If the parking ticket is not answered, sends to legal entity/registered owner notice advising them of FTA, and if not paid in 14 working days; and order of suspension will be sent to MVC to have legal entity/registered owner s privileges suspended per the POAA Enters POAA suspension to legal entity s privilege status log. Will mail to legal entity/registered owner confirmation of court ordered indefinite suspension. Satisfies POAA with court, and provides MVC with original court receipt or letter stating POAA is satisfied and pays $100 restoration fee to MVC. Forms and Information Needed or Completed What information or forms are provided to MVC to complete this process or completed as a result of this process.

19 Information/form ATS ACS T-Pay/ATS Code Receipt Original Court Letter or Rescinding Order Restoration Notice Description Automated Traffic System (ATS), court computer system for traffic offenses Automated Complaint System, court computer system for all other non-motor vehicle complaints. Time payment arrangement with the court. Paper receipt from court with court information, summons number(s), violation date, date paid, and the amount. Court letter or rescinding order signed by Court Administrator or Judge listing all summons number(s), and legal entity/registered owner s information. Sent to Legal Entity/Registered Owner when all fees are paid and all compliance requirements are met. Description of Current Process What steps, exceptions and variations are there for this process. Legal entity/registered owner will satisfy POAA summons with court. Legal entity/registered owner provides proof to MVC that summons has been paid and pays $100 restoration fee to MVC. If it is a NJ court, legal entity/registered owner can go into a MVC Regional Service Center without a court receipt. The Regional Service Center employee can verify through ATS/ACS that ticket has been paid to restore legal entity/registered owner provided restoration fee has been paid. If legal entity/registered owner denies that the POAA summons belongs to them, the POAA suspension can t be inactivated without written instruction from the court. This suspension will only be inactivated for the following reasons: Original court letter signed by Court Administrator or Judge, listing all summons number(s), and legal entity/registered owner s information. Stating that the suspension for POAA for the specific date and summons number(s) is in error and should be deleted from legal entity/registered owner s record. This is a court indefinite suspension; legal entity/registered owner will stay suspended for the POAA until they satisfy the court and MVC. When legal entity/registered owner has met all restoration requirements, privilege status log, privilege fee log, and case log is updated. If legal entity/registered owner contacts MVC about their case, the interaction log will be updated. MVC MATRX will

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