2009 Foreign Reciprocity Resource Guide
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Foreign Reciprocity Resource Guide Prepared by: AAMVA Foreign Reciprocity Resource Guide Working Group September 2009 American Association of Motor Vehicle Administrators Foreign Reciprocity Resource Guide 1 June 18, 2009 This material is based upon work supported by the National Highway Traffic Safety Administration (NHTSA) under Cooperative Agreement No. DTNH22-04-H-05935. Any opinions, findings, conclusions or recommendations expressed in this publication are those of the Author(s) and do not necessarily reflect the view of the National Highway Traffic Safety Administration (NHTSA). Foreign Reciprocity Resource Guide 2 September 2009 TABLE OF CONTENTS SECTION 1 - INTRODUCTION ................................................................................................. 4 SECTION 2 - PURPOSE AND STRUCTURE ........................................................................... 6 SECTION 3 - LEGAL CONSIDERATIONS IN THE UNITED STATES AND CANADA ............. 8 SECTION 4 - AUTHORIZATION FOR RECIPROCITY ........................................................... 16 SECTION 5 - DRIVER’S LICENSE RECIPROCITY AGREEMENTS (DLRA) ......................... 30 SECTION 6 - FOREIGN DRIVER LICENSE ASSESSMENT AND VERIFICATION OF DRIVER STATUS .................................................................................................................... 64 SECTION 7 - DRIVER LICENSING STANDARDS .................................................................. 83 SECTION 8 - INTERNATIONAL DRIVING PERMITS (IDP) AND INTER-AMERICAN DRIVING PERMITS (IADP) ..................................................................................................... 87 SECTION 9 - AAMVA RECIPROCITY QUESTIONNAIRE RESULTS..................................... 93 APPENDIX A - QUESTIONNAIRE ........................................................................................ 149 APPENDIX B - ADDITIONAL RESOURCES ON CD ............................................................ 157 APPENDIX C - GLOSSARY .................................................................................................. 159 Foreign Reciprocity Resource Guide 3 September 2009 SECTION 1 INTRODUCTION This guide was developed as a resource questions along with the responses are listed in document to assist American Association of individual tables to help identify each Motor Vehicle Administrators1 (AAMVA2) jurisdiction’s general practices and requirements member jurisdictions in making informed within the United States and Canada. decisions when negotiating driver’s license reciprocity3 Memorandums of Understanding4 Also included are examples of legislation, (MOU5) with foreign countries. This guide sample agreements and MOUs, submitted by provides examples of model MOUs, jurisdictions and reviewed by the AAMVA legislation6, licensing procedures, and lists Foreign Reciprocity Working Group. The contacts for working with other countries on legislative examples provide the foundation for reciprocity and verification of foreign driver’s jurisdictions to enter into reciprocity agreements licenses and driver records. with other countries. The examples of agreements and MOUs offer a starting point for Since 1926 the international community has AAMVA jurisdictions that are drafting Driver’s attempted to standardize driver licensing License Reciprocity Agreements18 (DLRA19) documents, practices and procedures throughout with foreign countries, Canadian the world. The European Union7 (EU8) and the provinces/territories or states. United Nations9 (UN10) are actively working to standardize rules of the road, signs and signals, Inside this guide is a CD with additional vehicle registrations and driver’s licenses examples of legislation, agreements and MOUs through conventions and treaties. that jurisdictions submitted. Each jurisdiction is alphabetized and cataloged by the type of The United States and Canada ratified the 1943 document (i.e. legislation, agreement, MOU). Inter-American Automotive Traffic Treaty11, the Included on the CD is a copy of the European 1949 United Nations Convention on Road Union licensing manual; DRIVING LICENCE: Traffic12 and the 1951 North Atlantic Treaty European Union and European Economic Area, Organization13 (NATO14) Status of Forces 2006. This manual includes illustrations of all Agreement15. Neither Canada nor the United current European Union Driver Licenses as well States ratified the 1968 United Nations as listing contact information for each specific Convention on Road Traffic, but many of the country. All documents on the CD can be countries seeking driver’s license reciprocity printed for easy access. agreements with our member jurisdictions signed the treaty16. AAMVA jurisdictions must The initial Foreign Reciprocity Resource Guide recognize that the 1968 United Nations (FRRG) was developed by the Foreign Convention17 imposes different international Reciprocity Resource Guide Working Group in licensing standards than those required by North October of 2001. AAMVA with support from American jurisdictions. the National Highway Traffic Safety Administration20 (NHTSA21) was tasked with Within this guide are the results of the 2008 updating the guide as new treaties are ratified Foreign Reciprocity Questionnaire. The and new technology becomes available to Foreign Reciprocity Resource Guide 4 September 2009 support international practices and procedures. We encourage you to contact AAMVA with recommendations for improving this document. We also encourage you to share your jurisdiction’s strategies for addressing driver’s license reciprocity. Foreign Reciprocity Resource Guide 5 September 2009 SECTION 2 PURPOSE AND STRUCTURE BACKGROUND PURPOSE AAMVAs member jurisdictions have struggled A working group was formed in 2007 to revise with allowing foreign licensed drivers to operate the 2001 edition of the Model Foreign vehicles in the United States and Canada using Reciprocity Resource Guide. This 2009 version their home country licenses, and vice versa; and of the resource guide provides updated establishing agreements with other countries information to assist the jurisdictions and which enable citizens of both countries to territories in developing driver license exchange licenses with minimal testing reciprocity agreements with other countries. requirements. This guide does not address reciprocity Individuals and families have become agreements for commercial driver’s licenses22 increasingly mobile and many choose to (CDL23). Jurisdictions may exchange CDLs for temporarily or permanently reside in a country noncommercial licenses as long as the driver other than their “home” country. As a result, meets all jurisdiction and Federal Motor Carrier individuals often must obtain a driver’s license Safety Administration24 (FMCSA25) in their new place of residence even though they requirements for a CDL including applicable are licensed in the previous place of residence. testing requirements. For information on CDL Whether a written and/or road test should be rules and regulations refer to the FMCSA. required when licensed drivers change their residency from a U.S. state or Canadian The AAMVA and the jurisdictions that assisted province/territory to another country, or vice in developing this Foreign Reciprocity Resource versa, must be addressed. Guide, including the sample DLRA, shall not incur any liability whatsoever, expressed or The authority for allowing licensed drivers to implied, resulting from a jurisdiction using all or drive in other countries is based upon numerous part of the suggestions or sample reciprocity international agreements. Some are broad agreements in this guide. agreements that pave the way for all drivers of participating nations to operate vehicles in each other’s countries; others target specific groups, such as military personnel. In addition to honoring these international agreements, member jurisdictions must also address identity and legal presence requirements and implement measures to verify the information provided to meet these requirements. Foreign Reciprocity Resource Guide 6 September 2009 Region IV GUIDING PRINCIPLES Glenis Baysinger, California Department of Motor Vehicles The Working Group will: Lorraine Brown, Arizona Motor Vehicle Division 1. Be cognizant of legal issues as they relate to Marie Difuntorum, California Department foreign reciprocity. of Motor Vehicles 2. Utilize the expertise of U.S., Canadian and Legal Services Mexican government officials, as well as Glenn Dubin, District of Columbia representatives of the Canadian Council of Department of Motor Vehicles Motor Transport Administrators26 (CCMTA27). CCMTA Representative Audrey Henderson, Canadian Council of 3. Focus on practical recommendations that are Motor Transport Administrators feasible to implement. AAMVA Tim Adams, Program Director WORKING GROUP MEMBERS Denise Hanchulak, Program Director Chair NHTSA Representative Captain Skip Dodd, Ohio State Highway James Wright, National Highway Traffic Patrol Safety Administration Region I U.S. State Department Representative Gary Jamieson, Ontario Ministry of Joan Morningstar, U.S. State Department Transportation Barbra Sorbara, Ontario Ministry Contractual Support of Transportation Brett Robinson, Highway Safety Services, Tom Saccone, New York Department LLC of Motor Vehicles Christie Falgione, Highway Safety Services, LLC Region II Lindsey Osborne Kremlick, South Carolina Department of Motor Vehicles Annie Phelps, South Carolina Department of Motor Vehicles Ursula Adams,