Department of Transportation
proposes new rules and amendments governing
access to government records and amending
organizational structure of Division of Motor Vehicles
The New Jersey Department of Transportation has proposed new rules, repeals, and amendments at N.J.A.C. 16:1A and N.J.A.C. 13:18-11 governing public access to government records of the Department of Transportation, the Division of Motor Vehicles, and the agencies that are “in but not of” the Department under the New Jersey Constitution. These constitutional agencies are the New Jersey Transportation Trust Fund Authority, the New Jersey Highway Authority, the New Jersey Turnpike Authority, the South Jersey Transportation Authority, and the New Jersey Transit Corporation.
The proposed repeals, amendments, and new rules implement the requirements of P.L. 2001, c.404, approved January 8, 2002, which changed the law concerning public access to government records. P.L. 2001, c.404, will be effective July 7, 2002.
The Department is proposing to repeal portions of its existing rules at N.J.A.C. 16:1A-1 that articulate procedures for requesting records, and is proposing two entirely new subchapters of rules at N.J.A.C. 16:1A-2 and 3. The new subchapters would articulate procedures to obtain government records and standards for determining the confidentiality of records.
Certain records of the Division of Motor Vehicles are subject to the Federal “Drivers’ Privacy Protection Act of 1994.” Special rules applicable to those records are articulated at existing N.J.A.C. 13:18-11. The Department is proposing amendments and new provisions to that subchapter that bring the existing rules into compliance with P.L. 2001, c.404 while retaining the protections required under the Federal law.
At the same time, the Department is proposing amendments to N.J.A.C. 13:18-11 to reflect changes in the organizational structure of the Division of Motor Vehicles.
The proposal appears in the July 1, 2002, issue of the New Jersey Register. The public has until August 30, 2002 to comment on the proposal. Persons wishing to comment on the proposal must provide their comments in writing to Thomas P. Thatcher, Administrative Practice Officer, Bureau of Administrative Practice and Public Law Implementation, Division of Policy, Legislation, and Regulatory Actions, NJ Department of Transportation, 1035 Parkway Avenue, P O Box 600, Trenton, NJ 08625-0600, Fax: (609) 530-3841. Comments must be postmarked or sent by telefacsimile on or before August 30, 2002, which is the close of the 60-day public comment period.