Hiring safe drivers is more important than ever before. Between congested roads and other hazards, you need to know if the person you trust to transport your goods, materials, or employees is a wise choice. An MVR (Motor Vehicle Record) Consent Form is a document that authorizes a third party, such as an employer, to access an individual’s driving record. It is required when an individual, typically a potential employee, consents to a background check, and the employer wants to check the individual’s driving record. An MVR Consent Form is also beneficial for employers who wish to verify the accuracy of an employee’s information before hiring them and insurance companies who may offer a policy to the driver. By using an MVR Consent Form template, you can be sure you get the data you need to make an informed hiring decision.
What Is MVR Consent Form?
A DMV release form, also known as a Motor Vehicle Records (MVR) Consent Form, is a document individuals use to grant permission for a third party to access their driver’s license information. DMV records contain information such as a driver’s license number, address, date of birth, and driving history. The DMV release form allows an employer or other entity to access this information to verify the individual’s identity, driving record, and other relevant data. The individual must sign the form for the third party to access their DMV records.
Important Fact: An employer who makes a copy of an MVR and retains it for any purpose other than for the stated legal use or obtains this data without their consent before collecting or keeping it may face significant legal penalties for data theft or misuse. These vary from state to state and typically include fines or other consequences. Moreover, they can be sued by the person whose information was stolen or abused.
Why Is an MVR Consent Form Important?
An MVR consent form is a crucial part of some background checks. Businesses and insurance companies often need to know about a person’s driving history to decide whether to hire or insure them. Additionally, these forms respect the individual right to control their private information, cover a business in case of a future liability claim against them for collecting this information, and ensure the person signing understands the effect, benefit, and potential consequences of consenting to allow the DMV to release their driving history.
Essential Elements of an MVR Consent Form
The essential elements of an MVR Consent Form are surprisingly straightforward. Most of the form consists of personal information about the individual releasing their driving history, such as their name and what they are applying for (i.e., a job, insurance, or a loan). However, the most critical aspect of these documents is the consent statement and signature. Below we’ve broken down the various elements and explained what they entail, including why they belong on the form.
- Form Title- This shows what the form is and its’ intent. Use a large, bold print to show this is an “MVR Consent Form.”
- Name- List the full name of the person giving consent.
- Age and Date of Birth- Age and birthdate help clarify whose information to release, especially in cases where the individual has a similar name to someone else or many others like “John Smith.”
- Contact Information- Include their phone number, email, and residential street address.
- License Number and Type- The license number and classification also clarify whose data is being released.
- License Issue and Expiry Date- This shows the current license and its duration.
- Social Security Number- A social security number is a standard part of most legal paperwork and also identifies the individual.
- Company or Organization- This shows where they are applying.
- Position and Department- The position and department indicate what job they are applying for.
- Consent Statement- A consent statement clearly says the person filling out the form permits the record release.
- Usage Statement- Usage indicates what the information can be used for.
- Consent to Collect Sensitive/Protected Data- Sensitive data means a social security number and driver’s license number. Additionally, this part should include an affirmation that the information provided is complete and correct.
- Signature and Date- Finally, the signature and date confirm that the person has agreed to the release terms as described and gives their informed consent.
Pro Tip: When creating a legal document like the MVR consent form, it is crucial to ensure the person reading it understands the document and its purpose so they can give informed consent. Use clear, concise language and avoid overly complicated words and industry-specific jargon, which can cause confusion.
How to Use an MVR Consent Form?
Using an MVR consent form is the first step to obtaining an individual’s driving history. Here are some tips for how to handle this process and MVR Consent Forms:
- Create- Always use a high-quality, preformatted MVR Consent Form Template to create this legal document. Doing so helps avoid confusion, speeds up the process, and potentially reduces human error.
- Provide- Give the person the form and allow them to read over everything carefully.
- Explain- Tell them why you are doing the background check and why you need their driving history to make a decision about hiring, insurance, or other issues.
- Answer- Answer any questions they have. Be prepared to explain things more than once or in a different way if necessary.
- Address- Address any concerns they have about signing, how the form will be used, who will have access to the document or other potential issues. Do not pressure them to sign, or it may invalidate the consent.
- Consent- Once you are sure the person understands the form, the reason for the background check, and any other pertinent information, have them sign the document.
- Recordkeeping- Keep a copy of the completed MVR Consent Form in your records.
- Legal Compliance- Make certain you and your business fully comply with local and federal laws regarding collecting and using these forms and the subsequent MVR data you receive.
- Review and Revision- Take the time to review and, if necessary, update your MVR Consent Forms at least once annually.
Interesting Fact: The Motor Vehicle Record comes from the DMV and contains information on license status, accidents, and violations recorded in each state’s driving database, plus other non-driving related data such as sex, race, and state of residence. Several federal agencies also collect information on driving records: the National Highway Traffic Safety Administration (NHTSA), National Transportation Safety Board (NTSB), and the Federal Motor Carrier Safety Administration (FMCSA). Additionally, the Office of the Chief Disciplinary Counsel within the Department of Defense collects information on those convicted or indicted for certain offenses.
An MVR, or Motor Vehicle Record background check, can be requested by employers, insurance companies, government agencies, and individuals. Employers typically use an MVR background check to evaluate potential employees, especially those driving company vehicles or operating large machinery. Insurance companies may use MVR background checks to assess potential customers’ risk levels and determine appropriate premiums. Government agencies may also use MVR background checks for licensing purposes, such as for commercial drivers or contractors. Individuals sometimes use MVR background checks for personal reasons. In some states, private citizens and financial institutions can request an MVR background check to assess the risk of lending money or providing credit to a potential borrower.
An individual can refuse to provide consent for an MVR (motor vehicle records) background check. The Fair Credit Reporting Act (FCRA) requires employers to have written authorization from prospective employees before they conduct a background check. Typically, the employer must reject the job application if the individual does not provide consent. The information gathered from an MVR check may include vehicle records and driver’s license status. This data shows an applicant’s driving history, which employers often use for employment decisions.
The MVR consent form is valid for the length of time specified by state law. Typically, this ranges from 3-7 years, though some states require that it be renewed more frequently. In a few cases, the form may even be permanent. You must check with your local Department of Motor Vehicles to determine the exact validity period for the MVR consent form in your state.
An MVR Consent Form is not required for every background check. The Motor Vehicle Records (MVR) Consent Form is only necessary when a background check includes a review of the individual’s driving record. Depending on the type of background check, and the position someone is applying for, the MVR Consent Form may or may not be necessary. For example, a typical employment background check may include a criminal record check, credit report, and/or reference checks but would not require an MVR Consent Form unless the employer specifically requested it.
An employer or insurance company can use an MVR (Motor Vehicle Record) background check to make employment or insurance decisions. An MVR background check provides employers and insurers with information about an individual’s driving record, including any traffic violations, license suspensions, and other relevant information. This information can determine whether an individual is a safe driver, a reliable employee, or a good candidate as a future policyholder. Employers may use MVR background checks to assess the risk of hiring a particular individual, while insurers may use them to determine whether to offer coverage and at what rate.
There are legal restrictions on the use of MVR reports for employment or insurance purposes. The Fair Credit Reporting Act (FCRA) regulates using MVR reports for employment and insurance purposes. Under the FCRA, employers and insurers must obtain written permission from the applicant before getting an MVR report. Additionally, employers and insurers must provide a copy of the report to the applicant and inform them of their right to dispute any inaccurate information contained in the report. Furthermore, employers and insurers must provide a reasonable amount of time for the applicant to dispute inaccurate information before making a decision based on the report.
An employer or insurance company can ensure compliance with state and federal laws regarding MVR background checks by following these steps:
ᐅ Familiarize yourself with applicable state and federal laws. Make sure you understand the relevant requirements and any applicable penalties for non-compliance.
ᐅ Establish a policy for conducting MVR background checks. Your policy should include guidelines for who should be subject to the check, when it should be performed, and how the results will be used.
ᐅ Ensure that your policy complies with state and federal laws, including any restrictions on using the information obtained from an MVR background check.
ᐅ Develop a process for conducting MVR background checks, such as a checklist of specific questions or steps to take during the process, and implement it throughout your organization.
ᐅ Make sure that you have the necessary training in place for conducting MVR background checks and complying with state and federal laws.
ᐅ Conduct regular audits or periodic reviews of your adherence to your policy and all applicable laws to ensure compliance.
An individual can dispute the accuracy of their MVR report by first contacting the DMV to explain why the information on their report needs to be corrected. The individual should provide evidence, such as a copy of their driver’s license or other proof of identity, to support their claim. If the DMV agrees that the information is incorrect, they will update the individual’s record. If the individual is not satisfied with the DMV’s response, they may file a formal complaint with their state’s department of motor vehicles. The individual should provide evidence to support their claim and explain why they believe the information on their MVR report is incorrect.
When disputing the MVR with a potential employer, the applicant should contact the company directly and request information about how to do this. Since policies vary from one business to the next, it is essential to understand how the specific entity handles these claims for the best possible results.
The turnaround time for an MVR background check can vary depending on the state and the type of check being performed. Generally, most states will provide results within 1-2 business days. However, some states may take longer due to the request’s complexity or the records’ availability. Additionally, some states may require additional fees for expedited processing. Contacting a specific state’s DMV or other relevant agency is essential to determine the exact turnaround time for an MVR background check.
When protecting the confidentiality and security of MVR reports, employers and insurance companies must take several steps. For digital copies, employers and insurance companies should ensure that the MVR reports are stored in an encrypted database, and access to the reports is limited to only those with a legitimate need for the information. Additionally, employers and insurance companies should require users to authenticate with a username and password before accessing the reports.
For physical copies of MVR reports, employers and insurance companies should develop policies that require secure handling, storage, and disposal of the documents. Employers and insurance companies should also have processes in place to ensure that copies of the reports are destroyed once the insurance is no longer valid.
An MVR Consent Form is a document that allows an individual to permit a third party to access their Motor Vehicle Record (MVR). This form is typically used by employers, insurance companies, and other organizations that need to verify an individual’s driving history. The MVR Consent Form allows the third party to access the person’s otherwise private driving record, including traffic violations, license suspensions, and other driving-related information. By signing the MVR Consent Form, the individual is giving permission for the DMV to release their driving record. A professionally designed MVR Consent Form Template can help streamline that process by creating an efficient outline that lets you quickly input the relevant info and get your document signed and sent.