§ 1327.4. Certification, termination and reinstatement procedures.
605 words·~3 min read·
/us/cfr/t23/s§ 1327.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Certification requirement. Only States that have been certified by NHTSA as participating States under PDPS may participate in the NDR. NHTSA will remove all records on file and will not accept any inquiries or reports from a State that has not been certified as a participating State.
(b)Termination or cancellation.
(1)If a State finds it necessary to discontinue participation, the chief driver licensing official of the participating State shall notify NHTSA in writing, providing the reason for terminating its participation.
(2)The effective date of termination will be no less than 30 days after notification of termination.
(3)NHTSA will notify any participating State that changes its operations such that it no longer meets statutory and regulatory requirements, that its certification to participate in the NDR will be withdrawn if it does not come back into compliance within 30 days from the date of notification.
(4)If a participating State does not come back into compliance with statutory and regulatory requirements within the 30-day period, NHTSA will send a letter to the chief driver licensing official cancelling its certification to participate in the NDR.
(5)NHTSA will remove all records on file and will not accept any inquiries or reports from a State whose participation in the NDR has been terminated or cancelled.
(6)To be reinstated as a participating State after being terminated or cancelled, the chief driver licensing official shall follow the notification procedures in paragraphs (c)(1) and
(3)of this section and must be re-certified by NHTSA as a participating State under PDPS, upon a determination by NHTSA that the State complies with the statutory and regulatory requirements for participation, in accordance with paragraphs (c)(2) and
(4)of this section.
(c)Reinstatement.
(1)The chief driver licensing official of a State that wishes to be reinstated as a participating State in the NDR under the PDPS shall send a letter notifying NHTSA that the State wishes to be reinstated as a participating State and certifying that the State intends to be bound by the requirements of Section 30304 of Title 49, United States Code and § 1327.5. The letter shall also describe the changes necessary to meet the statutory and regulatory requirements of PDPS.
(2)NHTSA will acknowledge receipt of the State's notification within 20 days after receipt.
(3)The chief driver licensing official of a State that has notified NHTSA of its intention to be reinstated as a participating State will, at such time as it has completed all changes necessary to meet the statutory and regulatory requirements of PDPS, certify this fact to the agency.
(4)Upon receipt, review and approval of certification from the State, NHTSA will recertify the State as a participating State under PDPS.
(d)New notification.
(1)NHTSA may, in its discretion, require in writing that a participating State submit a new notification, certifying that it intends to be bound by the requirements of Section 30304 of Title 49, United States Code and § 1327.5. The agency will exercise its discretion to require this notification when statutory changes have altered a participating State's reporting or inquiry requirements under Section 30304 of Title 49, United States Code.
(2)After receiving a written request from NHTSA under paragraph (d)(1) of this section, a participating State will have 90 days to submit the requested notification. If a participating State does not submit the requested notification within the 90-day time period, NHTSA will send a letter to the chief driver licensing official of a State canceling its status as a participating State. \[65 FR 45716, July 25, 2000, as amended at 70 FR 43755, July 29, 2005\]
Connections6 cite this
Cited by 6 sections · top 3
Citation graph
cites case law
§ 1327.4
Certification, termination and reinstatement procedures.
Fed. Reg.×6
Cites 0Cited by 6 across 1 source