TAXAGENT- do you work for any government agency or or do any work for the government (state or federal)?
No and no. I practice law in my own firm and much of my litigation work involves litigating against the government. I do not represent or advise the federal government or any state or local government. So sorry to burst whatever conspiracy notion may have prompted your question, but I am not here trying to promote the government‘s view of things or to mislead you. I'm simply telling you what the law says. I know that the fact that the law is different than you thought and different than you want is frustrating to you and the others that are in your situation. It’s completely understandable that you wish the law was different than it is.
But I'm not here to tell you what you want to hear. I participate here to help provide people information on what the law actually says. I don't get paid by anyone to post here, I do this on my own time. Nothing I do here benefits me or my practice since I have a policy of not soliciting or accepting clients from internet message boards on which I participate. Attacking me for the information I give is simply shooting the messenger. I didn’t create the laws and regulations that are keeping you from getting a license. So don't blame me for that.
First of all, yes the NDR does require participation and they do tell the states what to do with your information. You cannot dispute that.
I can and do dispute that the states are required to participate in the NDR. I cited to you earlier the statute which tells you that. But I'll put out the provision here so you need not go someplace else to look it up. 49 U.S.C § 30303 states:
§30303. State participation
(a) Notification.-A State may become a participating State under this chapter by notifying the Secretary of Transportation of its intention to be bound by section 30304 of this title.
(b) Withdrawal.-A participating State may end its status as a participating State by notifying the Secretary of its withdrawal from participation in the National Driver Register.
(c) Form and Way of Notification.-Notification by a State under this section shall be made in the form and way the Secretary prescribes by regulation.
As you can see, nothing in there says that the states must participate. They are free to join at any time and free to leave at any time. As this is the law passed by Congress, the Department of Transportation (DOT) cannot override the statute and force the states to participate. Nor does the DOT try to do that. I looked at the DOT official federal regulations for the NDR, 23 C.F.R. §§ 1327.1 through 1327.7, and nothing in there requires every state to participate either. Rather, the regulations simply provide the procedures for how a state may join and for how a state may withdraw from the NDR. Thus, the NDR is totally voluntary on the part of the states. They don’t have to join. The only thing that pushes the states to participate are (1) the possibility of losing some federal funds if they don't and (2) they want access to the information in that database. As a result, even though they are not required to do so, every state nevertheless does participate.
As the above section I quoted states, once a state agrees to participate, it is bound by the provisions of 49 U.S.C. § 30304. Under the terms of § 30304, participating states must (1) submit reports of actions against drivers to the NDR and (2) must access the NDR to check out records of applicants prior to issuing them a driver’s license. That's it. They have to put information into the NDR and they have to check it before issuing a license. But nothing in the statute or regulations dictates to the state what decision to make on issuing the license. Whether to issue the license is completely up to the state and the laws it has on driver licensing.
Of course, the problem is that most states have adopted the Driver's Licence Compact (DLC) as part of their law on licensing drivers. The DLC does tell state DMVs what to do with informaion the state gets regarding applicants whose licenses are suspended or revoked in other states. It is the DLC (and statutes like it in non-DLC states) that are what may hold you up from getting licenses in other states while you are still suspended or revoked in NY. I have previously discussed the revocation provision of the DLC in this thread and pointed out that this provision does allow states to consider licensing a driver revoked in another state if the revocation was done more than a year prior to the application for the license in the new state. The problem is that many state DMVs don't really try to give drivers a chance under that provision and just automatically deny the applicant a license. This is why revoked drivers who succeeded in getting licenses in states like Alabama and Colorado had to go to court to get the state to do it. But those successful challenges were to the applicable state law, not a challenge to the NDR or any other federal law. Potentially the same kind of challenge might work in other states, too. Naturally, it takes money and time to litigate those cases and establish the precedent and a lot of applicants simply don't have the kind of cash that it takes to do it. I don't for a minute minimize the difficulty drivers face there.
It's in their literature, which I posted a link to so that you can actually read it...
The link you posted to the NHTSA NDR page (and the FAQ page from the link at the bottom of it) nowhere in it says that all states are required to participate in the NDR. What it says is that all DMVs are required to provide information to the NDR. This statement is literally true. But the reason it is true is not that the states are rerquired to participate in the NDR. The reason it is true is that if a state agrees to participate then for as long as it participates it must provide information to the NDR. All states do currently participate, so since all participating states must provide the driver information and all states participate, it follows that all states currently must provide that information. The NHTSA just cut to the bottom line in its FAQ rather than spelling all that out. But I can see where it might leave the impression that all states are required to participate.
You will also note that the page and FAQ do not say anywhere what decision the state must make on licensing after it accesses the NDR. All it says is that the state must access the NDR and contact the state that originated the report for more info depending on what response the NDR gives. (They do it that way to keep the NDR itself smaller and more affordable to maintain. Rather than hosting all the details of driver history on the NDR itself the NDR simply points the person making the inquiry to the state that does have those records for the details.)
So the bottom line is that no state must participate in the NDR, but all of them do anyway. All a participating state must do is provide information to the NDR and access the NDR prior to issuing a license to an applicant. That's it. Nothing in the NDR program tells the state what decision to make regarding issuing driver’s licenses. They look to their own laws on licensing to make that decision.
Also, NY owes me money from my taxes, it has been 54 days since they accepted it. All the website says is that my return has been received and it is being reviewed. When will I get my refund?
No idea. I did not prepare your return (and indeed I prepare very few returns for clients), do not know the details of your return, nor do I know anything about how you filed the return or how you elected to receive the refund. All those details matter. NY uses a screening system to attempt to identify fraudulent or otherwise questionable returns prior to issuing refunds in order to reduce the state losses do to illegal tax scheeme. If your return was flagged at all during that processing the time to get the refund will be longer. Depending on what the state screening shows, the state may contact you before issuing the refund for more information to resolve whether there is a problem with the return. I of course have no idea if your return has encountered any such problems. Only the Tax Department at this point can tell you when the return will be done processing and when you will get your refund. I'm sorry I can't give you more exact information than that.