Vice Chair
American Association of
Motor Vehicle Administrators
A License to
Break the Law?
Protecting the Integrity of Driver’s Licenses
Submitted to
the
Committee on
Governmental Affairs
Subcommittee
on Oversight of Government Management, Restructuring and
the District of Columbia
U.S. Senate
Washington,
DC
April 16,
2002
Good Morning Senator Durbin
and distinguished Members of the Subcommittee on Oversight of Government
Management, Restructuring and the District of Columbia. My name is Betty Serian
and I am the Deputy Secretary for the Pennsylvania Department of Transportation
and First Vice Chair of the Board of Directors for the American Association of
Motor Vehicle Administrators (AAMVA). I also served as Chair of AAMVA’s
Identification Security Task Force. Thank you for the opportunity to appear
before you today to speak about reforming the driver’s licensing process and
identification security.
AAMVA is a nonprofit
voluntary association representing all motor vehicle agency administrators and
chief law enforcement officials throughout the United States and Canada. AAMVA
members administer the laws that govern motor vehicle operation, the driver
credentialing process, and highway safety enforcement. DMV administrators are
appointed by their state governors and their motor vehicle agencies receive
funding from their respective state legislatures. AAMVA has played an integral
role in the development, deployment, and monitoring of both the commercial
driver’s license (CDL) and motor carrier safety programs throughout the United
States. The Association’s members are responsible for administering these
programs at the state level, and our members pride themselves on the work they
do everyday to improve safety on our nation’s highways.
As an international safety
association, we have a responsibility and obligation to do our part to improve
public safety and national security throughout North America. We believe this
hearing will generate much needed public discourse about the critical public
policy issue of reforming the driver licensing process and identification
security.
On September 13, 1899, Henry
Bliss became the first traffic fatality in the United States. Mr. Bliss was
knocked down and run over as he was stepping from a streetcar in New York City.
The driver was arrested and held on $1000 bail. In 1902, only 23,000 cars were in operation in this country
compared with 17 million horses. By 1932, growth in motor vehicles, increasing
interstate travel, and the rising number of deaths and injuries on the highways
created the need for a national organization for cooperative and uniform
interstate consideration of laws and programs.
In 1933, 23 states, the District of Columbia and some Canadian provinces
formed what is today known as the American Association of Motor Vehicle
Administrators. A congratulatory message from President Franklin D. Roosevelt
stated “The North American Conference of Motor Vehicle Administrators offers a
real opportunity for the cooperative solution of one of today’s most perplexing
problems.”
In 1938, the first “Minimum
Driver License Examination Standards” and “Standard Examination for Drivers” —
the original basic standards for driver licensing — were created. AAMVA helped
carry forward programs in driver licensing that resulted in all states having
driver laws, in which every new applicant is tested on the basic elements of
the standard driver’s license examine. Since 1954, all states have required
drivers to be licensed, and since 1959 all states have required examination
prior to licensing. Over the last 50 years, AAMVA has developed programs to
encourage uniformity, reciprocity, and sharing of best practices among the
states and provinces, and liaisons with other levels of government and the
private sector. Today with 228 million license drivers in the U.S. and Canada,
AAMVA’s program development and research activities provide guidelines for more
effective public service.
The original purpose of the
driver’s license, first issued in 1903 in the state of New York, was to certify
that an individual had earned the privilege to operate a motor vehicle. However, the driver’s license has become
much more than a license to drive. Over the last 40 years, the use of the
driver’s license changed due to the demand for identification put on the public
by the private sector.
Now, allow me to tell you
three stories about a few Americans.
Larry and Rita Beller and
Edward and Alice Ramaeker, four retirees, spent their golden years traveling across
the country. Earlier this year, they were killed on a New Mexico highway by a
repeat DWI offender. The driver, holding eight prior convictions from different
states, was under the influence of alcohol and plowed head on into the
retirees’ car.
Emeke Moneme, an Ohio
resident, had his wallet stolen from a local gym. Within weeks, Emeke
discovered an identity thief had opened 13 fraudulent accounts in his name,
totaling $30,000 in bad credit debt. It took him months to clear his name and
straighten out his life.
Sara Clark, a schoolteacher
and newly engaged, was killed after her flight was overtaken by terrorists and
crashed into the Pentagon. Terrorists boarded the ill-fated flight using
fraudulently obtained driver’s license.
§
Sara Clark shared her sad
fate with more than 3,000 other Americans on 9/11.
§
Larry and Rita Beller,
and Edward and Alice Ramaeker, share the list of DWI fatalities with more than
16,000 Americans each year.
§
And, Emeke Moneme shares
victimization by identity theft with hundreds of thousands of Americans.
Stealing someone’s identity information, such as credit cards or Social
Security Numbers, to take money or commit fraud is one of the fastest-growing
crimes in the U.S. According to the Federal Trade Commission, 42% of the 204,000
complaints filed last year involved identity theft – resulting in billions of
dollars of loss.
A common thread to these
tragedies? The driver’s license. In
fact, the driver’s license has become the most requested form of ID in the U.S.
and Canada. For example, financial institutions require it to open an account,
retail outlets ask for it when you want to pay by check, and the airlines
demand it before you board a plane. In a recent (April 2002) poll conducted by
Public Opinion Strategies, 83 percent of the American public noted that they
used their driver’s license for purposes other than driving.
The U.S. has more than 200
different, valid forms of driver’s licenses and ID cards in circulation. In
addition, each of the 50 states and D.C. have different practices for issuing
licenses. Although the current system allows for reciprocity among the states, it lacks uniformity. Individuals looking
to undermine the system, whether it is a terrorist, a drunk driver or an
identity thief, shop around for licenses in those states that have become the
weakest link.
In addition, the lack of
standard security features on a driver’s license allows individuals to exploit
the system. While all states use a variety of security techniques, it is
difficult for law enforcement and for those issuing a new license to verify the
validity of a license from another state – not to mention the identity of the
person holding the license. This situation is worsened by the availability of
counterfeit driver’s licenses and fraudulent breeder documents, such as a birth
certificate or Social Security card, over the Internet and on the underground
market.
We at AAMVA commend you,
Senator Durbin, for your focus on the need for a comprehensive reform of the
driver’s licensing process and identification security. In the days following
September 11, Americans quickly learned how easily terrorists obtained a
driver’s license. All of the terrorists either legally or illegally obtained
valid or bogus licenses and ID cards.[1]
What is saddening, is that it took this catastrophic event to heighten
America’s awareness to the importance of ensuring the security of ID
credentials — like the DMV-issued driver’s license.
In October 2001, the AAMVA
Executive Committee developed and passed a resolution establishing the Special
Task Force on Identification Security. The
Task Force was organized into five working groups focusing on technology, new
issuance/initial identification, residency issues, document security/standards
and communications/advocacy. The working groups produced reports that addressed
the current situation and identified gaps, key issues, barriers, conclusions
and results. The Task Force concluded that there were a number of common issues
needing to be addressed: administrative processing, verification/information
exchange, the need for a unique identifier, the format of the driver’s
license/ID card, fraud prevention and detection, residency, and enforcement and
control of standards.
In January 2002, the Task
Force, recommended eight broad strategies:
1.
Improve
and standardize initial driver’s license and ID processes.
2.
Standardize
the definition of residency in all jurisdictions.
3.
Establish
uniform procedures for serving noncitizens.
4.
Implement
processes to produce a uniform, secure, and interoperable driver’s license/ID
card to uniquely identify an individual.
5.
Establish
methods for the prevention and detection of fraud and for auditing of the
driver’s license/ID processes.
6.
Ensure
greater enforcement priority and enhanced penalties for credential fraud.
7.
Seek
U.S. federal and other national requirements for legislation, rule making and
funding in support of AAMVA’s identification and security strategies.
8.
Establish
public and stakeholder awareness and support.
AAMVA has identified and
targeted the areas that need improvement to reform the driver’s
license/identification process to achieve the recommendations from the Task
Force. AAMVA and its members have been working to improve and unify the
driver’s licensing process for years. The association has several other
projects dealing with the driver’s license document and its issuance and
support system:
AAMVA developed a model
administrative procedures program for issuing driver’s licenses and ID cards.
First published in 1996, AAMVA is currently revising this model program. Major
topics of the model program are issuance procedures (initial, renewal and
duplicates), unique identifiers, communication with federal agencies, name
changes, maintenance of an acceptable identification document list, residency
and legal presence, foreign documents, sanctions, security features, and
technology. We continue to work toward further harmonization among the states
by encouraging the use of the model program. The Uniform Identification
Practices Model Program is one of the most popular programs adopted by the
states that AAMVA has developed.
The use of fraudulent
documents has caused enormous economic losses in both the U.S. and Canada. In
the early 1990s, in conjunction with NHTSA and the Florida Division of Motor
Vehicles, AAMVA, under contract with West Virginia University, developed and
implemented a training program including model training materials for the
Fraudulent Identification Prevention Program (FIPP). A revision of FIPP
training materials was then completed in April 1996. Most recently, the use of
fraudulent documents has become a national security issue for both countries as
well as foreign countries. The use of fraudulently obtained identification is
also directly related to losses in human life on our highways. The use of
fraudulent documents to obtain driver’s licenses/identification cards has grown
exponentially in recent years. Services for obtaining fraudulent documents are
easily available through the Internet and other means. In addition, fraudulent
breeder documents (Passports, Visas, Social Security Cards, birth certificates,
INS Documents, driver’s licenses or Identification Cards), which are commonly
forged, altered or counterfeited are commonly used to obtain valid driver
licenses.
For years AAMVA has provided
Fraudulent Document Recognition Train-the-Trainer courses throughout the U.S.
and Canada. AAMVA has educated hundreds of fraud recognition trainers for state
and provincial motor vehicle agencies. AAMVA has recognized the need to revise
existing training materials as well as the need to establish a more
comprehensive national model-training program for state and provincial driver
licensing personnel and law enforcement officials for the recognition of
fraudulent documents. We are updating this course in cooperation with various
federal agencies. However, interim training will continue during this revision.
AAMVA is creating a “best practices” document that will provide an overview of
how state and provincial motor vehicle and law enforcement agencies deal with
these issues.
AAMVA is involved in creating
a driver’s license document standard, both nationally and internationally. Work
began in 1996. National and international standards ensure that documents are
interoperable among the issuing jurisdictions — the bar code on an Iowa license
may be read by a trooper in New York and vice versa. On a national level, AAMVA
has developed and published the AAMVA Driver’s License/ID Card Standard that is
being used by some states for creating a driver’s license and ID card. AAMVA is
in the process of further improving this standard and working with more states
to ensure that they adhere to its provisions when they create a new document.
We continue to work toward further harmonization among the states in using the
standard.
AAMVA finalized a foreign reciprocity
resource guide for its membership in October 2001. This was a major undertaking
by AAMVA to compile information on foreign driver’s license documents,
practices and procedures that will enable our members to make more informed
decisions on entering into bilateral agreements with foreign countries. One of
the key issues was how to deal with foreign driver’s license assessment and
verification of the person’s license. Topics contained in the resource guide
are Legal Considerations; Model and Existing Driver’s license Reciprocity
Agreements; Issues to Consider before entering into a Reciprocity Agreement;
Model and Existing Enabling Legislation; Driver Licensing Standards; and
Foreign Driver’s license Assessment and Verification of Driver Status.
The Driver License Joint
Compact Executive Board (the Board) began work on the Driver License Agreement
(DLA) at the Compact Annual Membership meeting in October 1996. Having
originated in concept with the 1994 establishment of a North American Driver
License Agreement (NADLA) task force, the DLA emerged to become the Board’s
main focus. The Board gathered input
that would unify the existing Driver License Compact (DLC) and the Non-Resident
Violator Compact (NRVC).
A 1994 Compact Compliance
Survey of members indicated that no member jurisdiction was in full compliance
with either Compact. The results of a
1997 survey of members established the primary components of the DLA.
The DLA is a voluntary, reciprocal
agreement among member jurisdictions to promote the “one license-one driver
control record” concept and to provide for the fair and impartial treatment of
all drivers operating within their respective borders. The DLA deals
specifically with the issuance and retention of driver’s licenses, the update
and maintenance of driver records, compliance with the laws and regulations
relating to highway safety and federal mandates, as well as the exchange of
information between member jurisdictions. In the effort to truly establish a
one driver, one record system, the new DLA will be a more efficient and
effective agreement for the jurisdictions to share and transmit driver and
conviction information.
The DLA
is vital in creating and maintaining a traffic safety program that should begin
with a Uniform DL/ID Security System.
Upon issuance of the driver license, the DLA would provide specificity
regarding the retention of the license, the update and maintenance of driver
records, compliance with the laws and regulations relating to highway safety
and federal mandates, as well as the exchange of information between member
jurisdictions. The DLA would ensure
that the integrity of the process achieved at the time of issuance is
maintained during the life of the document. The
DLA was approved by the AAMVA membership in the fall of 2000.
AAMVA has been investigating,
implementing and operating information systems on behalf of its members since
the late 1980s. Through its technology subsidiary, AAMVAnet, AAMVA manages and
operates the Commercial Driver’s License Information System (CDLIS), which is
designed as a clearinghouse for commercial drivers. CDLIS was designed to limit
any given commercial driver to one and
only one commercial driver’s license and it has worked well for this
purpose. AAMVAnet also supports the National Driver Register/Problem Driver
Pointer System (NDR/PDPS) owned by NHTSA. PDPS is used to determine whether or
not a given driver’s license applicant is or has been under license withdrawal
anywhere in the U.S.
In the mid-1990s, AAMVA began
exploring the possibility of having a clearinghouse of all drivers within the
U.S. in order to better control the problem driver population. States need more
effective tools to manage the driving records we already maintain. Problem drivers, who obtain multiple licenses,
spread their bad driving history across the states. As a result, they avoid
detection, penalties and punishment. By 1999, Congress recognized the potential
benefits of such an information system and directed NHTSA to study the IT
issues and costs associated with developing and operating this clearinghouse.
Immediately, NHTSA tapped AAMVA to do this assessment. The report concluded
that an all-driver system is feasible.
We need a system, such as the
proposed Driver Record Information Verification System (or DRIVerS), to keep
bad drivers off the road and save the lives of those whom responsibly use the
privilege to drive. DRIVerS is a pointer system that allows the DMV in one
state to query the driver records in another state and to accurately verify
driving history of the appropriate person.
Need for Federal
Partnership
AAMVA programs have been
successful in varying degrees over the years. AAMVA is not a regulatory body
and its members operate under self-regulations. Relying on self-regulation is
difficult and prevents the states from achieving 100 percent uniformity in the
driver’s licensing community. Without 100 percent participation from the states,
the driver’s license system is only as strong as the weakest link — that is why
we need federal partnership.
The need for federal
partnership is highlighted by the success we have had with the Commercial
Driver License (CDL) program and the failure we have had with the Driver
License Compact. The CDL Program is a federal/state partnership that was fully
functional in all states within six years of the passage of legislation. The
Driver License Compact has been in existence for over 40 years. Even today, not
all states are members of the compact and based on a survey that we conducted
in 1994, no state fully complies with the tenants of it.
Since the events of September
11, the need for a federal-state partnership is even stronger. In fact, AAMVA
has found over 20 states have introduced some form of legislation that
strengthens driver’s license procedures. Unfortunately, this piecemeal approach
only begets more lack of uniformity. Some of the obstacles that states face in
attempting to implement more secure measures are budget constraints, lack of
funding for initiatives, and state legislatures not passing legislation for
years. In order to get the full
participation of every state, we need the federal government to create a
partnership with the states to improve the driver’s license/identification
process. Without federal involvement, it will take the system many years to
change. We think time is of the essence.
The American public wants a
more secure license. Seventy-seven
percent (77%) of the American public support Congress passing
legislation to modify the driver’s licensing process and identification
security. And, we need Congress to help in five areas:
1.
Support minimum
compliance standards and requirements that each state must adopt when issuing a
license.
2.
Help us identify
fraudulent documents.
3.
Support an interstate
network for confirming a person’s driving history.
4.
Impose stiffer penalties
on those committing fraudulent acts.
5.
And, provide funding to
make this happen. Funding so states can
help ensure a safer America.
Our goal is one driver, one license and one driving
history. The American people expect Congress to reduce the number of people
being victimized by dangerous drivers and identity theft. Most importantly, the
American people expect you to do what you can to save lives — to prevent deaths
of people like Larry and Rita Beller, Edward and Alice Ramaeker, Sarah Clark
and thousands of other Americans. When we can verify identity, we’re one step
closer to preventing fraud, protecting privacy, and saving lives.
AAMVA stands ready to assist
the Committee in developing legislation to improve driver’s licensing process
and identification security.
Thank you. I’ve concluded my
testimony and welcome any questions from the subcommittee.