PROPOSED REVISIONS TO THE DMT! EXTERNAL DRIVER HISTORY TRANSCRIPT

by

Terrence McQuade Graduate Legal Assistant

(The opinions, findings, and conclusions expressed in this report are those of the author and not necessarily those of

the sponsoring agencies.)

Virginia Highway and Transportation Research Council (A Cooperative Organization Sponsored Jointly by the Virginia

Department of Highways & Transportation and the University of Virginia)

Charlottesville, Virginia

August 1985 VHTRC 86-R7

SAFETY RESEARCH ADVISORY COMMITTEE

W. E. DOUGLAS, Chairman, Director, Planning & Programs DeveloDment, Division of Motor Vehicles

V. M. BURGESS, Transportation Safety Administrator, Division of Motor Vehicles

C. P. HEITZLER, JR., Program Manager, Department of Information Technology

B. G. JOHNSON, Supervisor, Driver Education, Department of Education

C. W. LYNN, Reseach Scientist, VH&TRC

R. F. MCCARTY, Safety Program Coordinator, FHWA

W. F. MCCORMICK, Assistant District Engineer, VDH&T

R. M. MCDONALD, Project Director, Transportation Safety Training Center, Virginia Commonwealth University

C. M. ROBINSON, Field Supervisor, Department of State Police

F. F. SMALL, Highway Engineering Program Supervisor, VDH&T

J. A. SPENCER, Assistant Attorney General, Office of the Attorney General

E. W. TIMMONS, Director of Public Affairs, Tidewater AAA of Virginia, Norfolk, Virginia

ii

TABLE OF CONTENTS

Page

ACKNOWLEDGEMENTS v

ABSTRACT vii

ORIGIN AND PURPOSE OF THE STUDY 1

METHODOLOGY 1

DISCUSSION 2

SUMMARY OF FINDINGS 4

SUMMARY OF CONCLUSIONS 5

RECOMMENDATIONS 6

APPENDICES

APPENDIX A LIST OF INTERVIEW SUBJECTS A-I

APPENDIX B SAMPLE DIVISION OF MOTOR VEHICLES EXTERNAL DRIVER HISTORY TRANSCRIPT

APPENDIX C PROPOSED EXTERNAL DRIVER HISTORY TRANSCRIPT FORMAT

iii

ACKNOWLEDGEMENTS

This study was conducted at the request of the Division of Motor Vehicles. The author gratefully acknowledges the aid of the individuals in the Division of Motor Vehicles who contributed to this project, particularly that of Dan Beau and Joe Burrell.

Special thanks go to those people in the private sector and those in state agencies other than the DMV who took the time and effort to participate. Especially noteworthy were Ed Layman and the State Police officers who participated.

Acknowledgement is made of the members of the Virginia Highway and Transportation Research Council who contributed to the project. Special thanks go to Bill Kelsh for his overall advice and assistance, Toni Thompson for typing the manuscript, Harry Craft for his editorial review, and the staff of the Report Section for the production of this report.

ABSTRACT

The Division of Motor Vehicles, Transportation Safety Adminis- tration (formerly Virginia Department of Transportation Safety) awarded

a grant to the Virginia Highway and Transportation Research Council to investigate the problems experienced by those who utilize Virginia's driver history transcripts and to formulate a new physical format for the transcript which would solve such problems. Through a literature search and interviews, the Research Council identified numerous user

complaints with the physical and informational format of the present transcript. In consultation with the Division of Motor Vehicles, the Council has proposed a new format which addresses many of the user

problems relating to the layout of the transcript. This proposal should be viewed as a starting point for the implementation of an altered transcript format that will alleviate user complaints and reduce the time spent by Division of Motor Vehicles personnel explaining driver history transcripts to users who are unable to accurately decipher the information they contain.

vii

PROPOSED REVISIONS TO THE DMV EXTERNAL DRIVER HISTORY TRANSCRIPT

by

Terrence McQuade Graduate Legal Assistant

ORIGIN AND PURPOSE OF THE STUDY

The Virginia Division of Motor Vehicles (DMV), having determined that its employees were spending an inordinate amount of time in court explaining and interpreting driver history transcripts (DHT) for the benefit of judges who were trying cases which involved the defendant's driving record, requested the Virginia Highway & Transportation Research Council to analyze and suggest revisions to the DHT format so that it could be easily understood by the judiciary as well as other important users (i.e., law enforcement agencles, insurance companies, private sector employers, and certain DMV operating departments).

With a grant from the DMV's Transportation Safety Administration (formerly the Virginia Department of Transportation Safety), the Re- search Council undertook the task.

METHODOLOGY

At the inception of the study a series of meetings were held with DMV representatives to gather information concerning the workings of the transcript production process. Sample transcripts from other states

were also assembled and reviewed. With assistance from the DMV rep- resentative transcript users were identified and targeted for personal interviews. By category the list* included the following:

i) The Courts 2) Commonwealth's Attorneys Offices 3) Virginia Alcohol Safety Action Programs 4) Law Enforcement Agencies 5) DMV Operating Divisions 6) Insurance Companies 7) Motor Transport Companies

An information packet containing a cover letter and copies of Virginia DHTs and selected DHTs from other states was mailed to the

* See Appendix A for a complete list of the interviewees.

interview subjects for their review prior to the scheduled interviews. The interviewees were solicited for information on how they use the DHT and their views on how the DHT format could be improved.

User suggestions were combined with those from the DMV and Research Council staffs and ss•nthesized along with ideas gleaned from other state DHT formats. A prototypical format for Virginia DHTs and a list of detailed recommendations were prepared and submitted to the DMV for review and comment.

DISCUSSION

The DMV compiles and retains all pertinent data relating to li- censed drivers in Virginia. These data are disseminated to those parties which have need for such data in the form of the DHT (see representative DHTs, Appendix B). A given DHT is basically a list of entries, called "trailers," which summarize data related to a certain aspect of an individual's driving record (i.e., license status, traffic convictions, medical restrictions, etc.) A DHT may consist of many different types of trailers and may consist of many of each type of trailer. Approximately 2.6 million transcripts are prepared by the DM•T annually. (See Table I.)

Table 1

External Driver History Transcripts Issued By The DMV By Type Fiscal Year 1984

Transcript Type Number

Law Enforcement 693,818 On-line 928,735 Tape 683,703 Prepunch Tape 339 Branch Office 164,053 All Other Commercial

(Incl. Employment) 186,966

Total 2,657,614

There are several different DHTs according to the manner in which they are prepared and the type of user who has made the request. Dif- ferent levels of information are given to each type of user. Thus, a

DHT requested by an insurance company is not as informationally complete

in terms of number of years digested or depth of information presented as a similar DHT requested by the judiciary or police. Many of these restrictions are statutorily required. See §46.1-31 Va. Code.

The DMV found that it was experiencing a substantial personnel drain due to the fact that members of the judiciary required assistance in interpreting the DHT. Often this situation resulted in the need for a DMV employee to be present in court to explain the DHT. In an effort to ameliorate this problem and make the DHT, as a whole, more under- standable, the DMV participated with the Research Council in formulating a transcript layout which could be easily understood by all users.

The initial goal of this project was to devise a transcript format which would be understandable to the broadest range of potential users. This goal was to be achieved within the following parameters: (i) the informational content of the transcript was to remain essentially the same, since much of it is either statutori!y required or prohibited, but the physical format of the DHT could be altered in any way necessary, and (2) potential computer programming difficulties were to be ignored, as DMV was in the process of revamping its driver history system and could accommodate such required changes.

After conducting an analysis of the DHT via user interviews and the s•vnthesis of the best ideas from other state DHT formats, a number of detailed recommendations were formulated and presented to the DMV project review committee for consideration (see Recommendations and the sample transcript format, Appendix C). It was subsequently decided that although a format change would be helpful in alleviating user confusion surrounding the DHT, it alone was probably an insufficient step. Since the user interviews revealed more problems with the DHT than its indeci- pherabi!ity, it was decided that a more comprehensive study of the DHT should be conducted so that all aspects of the problem could be ad- dressed simultaneously. The results of the research conducted so far have proved useful in delineating some issues which should receive special emphasis in any future study of the DHT. The remainder of this report addresses these points.

First, it is believed that a larger population of users in all categories should be contacted and involved in any informational or physical restructuring of the DHT. The author was uncomfortable with the relatively small number of interviews initially recommended by the DMV at the project's inception. Eventually, DMV personnel came to feel the same way.

Second, the judiciary and law enforcement agencies are, by far, the largest and most important users of the DHT. However, the number of personal interviews conducted with representatives of these two groups was significantly smaller than their importance to the project dictated.

The law enforcement agencies were very helpful and eager to participate; however, the Research Council found it very difficult to arrange person- al interviews with members of the judiciary due to their busy schedules.

Third, with the further expansion of computerization of driver records in motor vehicle departments nationwide there will come a need for national or regional standardization of DHTs. This idea was only briefly explored and not given the attention it deserved.

Fourth, although all users were interested in the physical refor- matting of the DHT, they were often more concerned with its information- al content. Thus, during the personal interviews many information related problems were identified but since they did not direct!v affect the physical re-formatting of the DHT they were, in general, not ad- dressed in this research in a meaningful way.

Many users expressed a desire to be involved in the process of reformulating the DHT but were skeptical of the DMV's ability to deliver what was needed. Many expressed the opinion that the DMV was attempting too much and that only user disappointment would follow.

It is the author's opinion that the proposed DHT format can be used as a beginning to effect the implementation of a transcript that will be easily understood by all users. The DHT is an important information source for citizens of the Commonwealth of Virginia as well as govern- mental agencies, and as such the implementation of a newly formatted DHT, one capable of solving the problems identified in this report, should be pursued and achieved with all due speed.

SUMMARY OF FINDINGS

i. The DMV maintains a Driver History File containing pertinent data for drivers licensed to operate a motor vehicle in the Common- wealth of Virginia.

2. The DMV maintains an automated system for preparing an abstract of a particular driver's record based on the data contained in the Driver History File. This abstract, known as the driver history transcript, summarizes an individual's license status, traffic convictions, and accident history, among other things.

3. The DMV disseminates approximately 2.6 million DHTs per year.

4. There currently are 37 different DHT formats. Each is distin- guished by the method by which it is retrieved (on-line or batch) and by the category of user originating the DHT request.

5. Such categories of users include but are not limited to

A. The courts B. Commonwealth s attorneys C. Law enforcement agencies D. Employers E. Insurance companies F. Government agencies G. Authorized private citizens

6. Users view the DHT as confusing due to the many abbreviations used, the manner in which the information is presented, and certain informational errors and/or omissions.

7. The DMV experiences a drain on personnel resources as well as a loss of public confidence due to the confusion caused by the present DHT.

8. The present DHT could be significantly improved by anglicizing all abbreviations and "terms of art," by presenting the information in a more logical and coherent sequence, and by ensuring that the information contained in the DHT is complete and correct.

SUMMARY OF CONCLUSIONS

i. Virginia's DHT is virtually indecipherable to the inexperienced user because of its heavy usage of coded entries, partial and abbreviated text, and illogical sequence of trailer entries. Even some experienced users have difficulties interpreting the DHT.

2. While it might be of some help, a format change alone would be insufficient to relieve user problems with the DHT.

3. An expanded analysis of user needs for the DHT needs to be under- taken to address all issues surrounding the legibility and the applicability of the data it contains.

4. Any such expanded study of the DHT needs to consider the following:

a. increasing the size of the user population interviewed,

b. placing special emphasis on the needs of the judicial system,

c. paying increased attention to the informational content of the DHT, and

d. exploring the possibilities for standardization of the DHT format and content nationally and/or regionally.

RECOMMENDATIONS

Although all of the following suggestions and recommendations have been discussed with DMV personnel or incorporated in the proposed DHT format (see Appendix C), it is worthwhile to briefly list them in the body of this report. The list is divided into two categories:

I. Suggested changes to the DHT's physical layout,

2. Suggested changes to the DHT's informational content.

There is considerable overlap among categories as it is impossi- ble to exclusively classify many of the suggestions. Recommendations in the second category are technically beyond the scope of the study. They are included nonetheless since they may prove useful in any future analysis and redesign of the DHT.

Suggested .Changes to. the.,, .D.HT Physical Layout

I. Abbreviations should be spelled out. For example, District is now abbreviated as "DIS." This may be confusing to first-time or infrequent users.

2. Punctuation and bold type should be used to clarify trailer information. For example, one trailer now reads "TERM INDEFINITE CT. ORDER FAIL TO PAY FINE". It would be much easier to read and understand if the trailer read "TERM- indefinite. REASON" Failure to pay court ordered fine".

3. Trailers should be separated by use of stars or spaces. The DHT as presently formatted leaves one blank line between printed lines whether or not such line is within a trailer or

separates trailers. If information within a trailer were single spaced, then a double space or a line of stars used between trailers would aid immediate reader identification of dist•.nct trailers.

4. Dividing DHT information into three categories would be very helpful. One proposed breakdown is: (i) CONVICTIONS; (2) DIVISION OF MOTOR VEHICLES ACTION; and (3) ACCIDENT HISTORY. It was suggested that the convictions category be further broken down into those stemming from moving versus non-moving violations.

5. Within each category trailers should be ordered chronological- ly, with the most recent event being placed at the top of the list. A great majority of those interviewed believed that this would be a more logical presentation of DHT data than that presently used.

6. Instead of a full-page certification, a short paraEraph at the end of the DHT should be sufficient. Moreover, it was suggested that every DHT be certified.

7. A reformattin• and updating of the license status trailer is needed to rid the transcript of redundancy and make it more informationally complete. If a license has been revoked or suspended, the license status trailer should somehow be linked to the related conviction or suspension trailer so that the user will know why the license was suspended or revoked.

8. The driver improvement point summary does not seem to be important to most users. Some users have stated that this summary causes confusion because citizens equate driver improvement points with the points insurance companies use for determining premiums. However, some users see them as an initial indicator of the driving recordof the individual. Possibly this information could be masked on most DHTs except for those in the driver improvement and emplo.vment transcript categories.

9. The case number in the accident trailer does not seem to be informatlonally worthwhile and should be deleted. It always shows "7777" and seems to impart no needed information to the user.

i0. All license issue trailers should be presented in one block. Alternatively, only the original license issue date and the latest issuance and expiration dates should be listed.

ii. All statutory references should be replaced with narrative descriptions.

12. The DHT header information should be made more readable and informationally correct. For example, if a citizen requests a transcript for employment purposes the header shows that it was requested by an employer. This is incorrect and could confuse the citizen.

Sug..•e.ste, d C,hang,es, .t.o ,the Informational Content,, ,o,f, the DH T

i. Make certain that the license status trailer coincides with related information in other trailers. For example, if a person's license has been suspended for failure to pay a fine and the person then has paid the fine, the license status trailer (in the transcript heading) may show that the person can drive legally but if the license suspension trailer within the body of the DHT is not updated it still shows the driver as being suspended.

2. The transcript should show a DUI charge that has been reduced because of participation in an Alcohol. Safety Action Pro- gram (ASAP). This would allow both the ASAP administrators and judges to make informed decisions as to subseauent treat-

ment or punishment of the offender.

3. If the DMV certifies a person to be an habitual offender, this should be shown on the DHT even if it has not been adjudicated by a court. Should such a determination be made in court, this trailer could then be updated to show in which court and on what date it was so adjudicated. The transcr•_pt should also show which commonwealth's attorney is responsible for prosecuting the person as an habitual offender.

4. Status and issuance information pertaining to any foreJ.•n license held by the driver should be included in the DHT.

5. Citation trailers for all out-of-state traffic arrests should reflect any subsequent convictions.

6. Any license restrictions should be printed out in narrative form rather than in an abbreviated or encoded form.

7. The DHT should be altered to show if the offender's license was physically received by the court or the DMV upon suspension or revocation.

8. Sex of driver should be shown on all DHTs.

9. All "order mailed" trailers should be omitted. This information is needed only if an order was actually received by the offender or action was taken which is statutorily sufficient for the court to take judicial notice that the order was received.

i0. The generalized medical trailer should show on the ASAP transcript.

Ii. The full medical trailer should be issued on all law enforcement transcripts.

12. The existing DHT should show if license is restricted by ASAP or if the driver has been issued a temporary license. This information may be helpful to judges and law enforcement officers.

13. The DHT should display the vehicle registration number in each conviction trailer, especially when the conviction was for speeding. This would aid in identifying offenders who continually use speedometer calibration deficiencies as a defense.

A more explanatory narrative should be used for the trailer element "conviction represents no statutory representation." A question arose as to whether this conviction is counted as a

moving violation.

A license "suspension pending" trailer element should be used during the period of time allowed for the offender to pay a

fine. If the fine is not paid within the allotted time, a

suspension trailer could then be automatically printed out to replace the suspension pending trailer.

A hazardous material violation trailer element should be added to the DHT. This option does not presently exist.

The driver improvement trailer should be included in the law enforcement DHT and it should provide full driver improvement data.

If the offender is currently enrolled in an ASAP, this information should be shown on the MVR.

The trailer element "control ends" should be explained or deleted.

If the sentence given the offender is a cumulative one

e.g., a long period of license revocation because it is the third reckless driving conviction, it would be helpful if this information was shown on the MVR.

APPENDIX A

LIST OF INTERVIEW SUBJECTS

APPENDIX A

By category, Virginia Highway & Transportation Research Council inter- viewed the following people"

I. Judiciary

a. Judge Stephen H. Helvin of Charlottesville

b. L. Dennis Collins, Assistant Commonwealth's Attorney of Greenville Co.

c. Brief telephone interviews were conducted with

i. Judge J. R. Zepkin of Williamsburg, and ii. Judge Henry J. Schreiberg of Richmond.

2. VASAP

a. Peter J. Larkin (Arlington ASAP).

3. Law enforcement

a. Trooper S. W. Talbert (State Police); b. Trooper D. A. Bradner (State Police); c. Trooper R. C. Bryam (State Police); d. Otis L. Haggard of the Charlottesville Police Dept.

4. DMV personnel

a. Kenneth Cliborne; Central Branch Office b. David C. Wheeler; Employee Relations Office c. C. H. Bradberry; Driver Improvement Department

5. Insurance company;

a. Abraham Hawkins (State Farm Insurance Co.). b. Richard Freeman (Equifax)

6. The trucking industry;

a. Edgar P. Layman, Jr. (Wilson Trucking).

APPENDIX B

SAMPLE DIVISION OF MOTOR VEHICLES EXTERNAL DRIVER HISTORY TRANSCRIPT

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0 R D I!-" r', MAII_ED

N f] 0 I::' I.---_ R A T C1R 3' i_ I r, E N,{i: E

OREIGN I_IC D C:

F:" A ! I:;.: F:" A X C.': CI

0 F;,' DIE i"4 H A .'l: L. E D

I N S I..! F:" I"- I C'; I .r:[. N'T" T t:;.: IE A D 0 N "'t'" I I:;:: E S

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1::" A ]: R I::" A .,','" C C)

**':":" D i V i,S' I ON 01::" HO'TOR VEI-'I I CL.E:S,

TRAN:S'CRIr'T OF RECORD

VIR[;INIA

DATE

RC NO

'33 / '9 "7 /87,

AI 3,T.,5-29476-3"i 5(i:'

REQUE.';]'TED BY: lJ N IR E ;]{ T 1-;,' I CTED

•' U,.S' F' E N * I ON '34/I 9/'79 TERM INDEr"INITE C'I" Oi";.'DEi:;: FAIL "TO PAY F:'INE

CONVICTION (•4/i9/79 DIZ".t CT i::" A I R I::" A X C 0

ORDEF;.: MAILED

CONVICTION ()4/t 9/'79 0!:" F" @2/(')2/79 D I ,? C T F A I R :r A X C- r.j

DI-';..' i V I N(.'.,- UNDEF;.: I-;,'EVOCAT I ON 01:;..' ;•:U,F'EN;S I ON

•USF'ENSION t'95724/79 TERH ()5/24/8(-} COURT 0 t:;.. D E R

CONVICTION (-)5/24/79 CIR Cf" F-AII:I:t--:'AX CO CONfI.. E'ND* .::-)5/24/,.';!i::

ORDER MAILED

CONVICTION (:) 5 / 24 / 79 0 i""" F-" ':}2/(')2/'79 CIR CT r-A I IRr-:A X CO SU,:";I":' 2 MON".,"H,'.i:

RECKLESS DRIVING

JUDGEMENT ()8/(-)9/79 D I."; CT ALEXANDR I A

2USF'ENSION (')/i 9/79 EI":'F '.'.')/i 9/79 UN;$' A T :[,I"•F I ED ,JUDGMENT

ORDE.R HAIl_El)-- F;•ETUI:;,'NED tJNDELIVEI-;,'ED

(•/3i/79 AI< I NHL.IRELE BANK LEAN ¢•7/3()/4i At 335---29476-.i 65,:-.:,i (!:,

ACCIDENT r•i7/28/82 CA3E 777777G F'D DR OWN AI._EXANDR I A

CONVICTION. 08/3(.)/82 OF'F:" ()7/28/82 D I.:? CT AI..EXANDF;,'IA ,'•: I.J 3 I:"' 6 M O N"i"H,S

D F;.: I V I N (.'-; W !"t I I_ E I N'T 0 X I (.'.'. A T ti" I)

V I R [; I N ! A .:,,:..x..:,,:.

U N F"..: E ,'+i: T I:;,' I C 'T" E D

ORDEF.".: HA:I;LED

C: 0 U l:;.i T" 0 R D E F;,'

0 R D E F;,' N A I I_ E D

0 R D E R M A I I_ FZ i)

B-IO

APPENDIX C

PROPOSED EXTERNAL DRIVER HISTORY TRANSCRIPT FORMAT

wC. •I i3•5-2•7•b-315011

*** VIRGINIA DIVISION OF MUTUR VEHICLES ***

TRANSCRIPT OF:

REOUESTED _•Y: LAw •NFOHCEMENT

COPIES TO: ASAP, CONM(JNwr,•LTrl ATTORNEY

DATE OF RELQUEST: 12/0b/83

916 IVCRSON ST. ALEXANUHZA, VIRGINIA

DATE OF •IR-FH: uz/3u/,•. WGT: 150 HFT: b-U• St.,: EYES BLACK HAIR oLAC,",,

OPERATOR'S LICENSE: NONE EXPIRATION u•Tr..: STATUS:

CHAUFFEUR'S LICENSE: •,577-445-9023 EXPIRATIO• L)ATt: STATUS: REVOKED DUE TO CONVl

FINANCIAL •ESPONSIdiLITY MEQUI,ED FOREIGN LICENSE: #577-,+•b-9023 STATE

STATUS: UN•,,NOWN LICENSE RESTRICTIONS: (ASAP, PrIYSICAL •r_•IRICTION5, ETC.)

HABITUAL OFFE[•DER STATUS

COU•T CONV[¢II

i. CONVICTION: DRIVING WITMOUT OPERATO•<b LICENSE OAFE" JURISDICTIQN: TRAFFIC COURT, A•LINGTt.,w, CU. VA SUBSEQUENT ACTION: LICr/NSE 5USHENU•.• •.Y COURT DATE:

REASON: FAIL TO PAY FINE TE•M: I,'•OEF IN I TE

NOTICE STATUS: MAILED Om/21/7b SERVICE STATUS: L I CENSE RECE I VED OF' [ i UNAL LICENSE REINSTATED: (UPTIONAL)

STAFE

•.. COlbY I CT ON dU• 1501CT I ON Su•Sr_QUENT ACTIOn\!:

RE•SON TERM:

NOTICE STATUS: SERVICE STATUS: LICENSE RECEIVED: LICENSE REINSTATED

u A T r...

OIVISION OF MOTOR VEmICL•,S •CTION

ACTION TYPE" •E A •ON T EHM

NOTICE STATUS: SERVICE STATUS: LICENSE RECEIVED: LICENSE PEINSTATED:

L) AF F,

ACCIDENTS

I. ACCIDENT DATE" CA6• •" 6LV•RITY" V•mlCLE OWNER" JURISDICTION" •SULTING CONVICTIONS" SEE CU•VICTIUNS • I•Z,3 AND

SUMMARY REPORT

MAJO• MINOR SUSP'5 REV,S PAST Y• PAST 3 Y•S PAST 5 Y•S TOTAL

OTmbR