What Real-ID means to Maryland drivers

Maryland Real ID

You may have seen news reports about the need for Maryland drivers to further document their identification and citizenship or risk confiscation of driver’s licenses. This isn’t hype. It is true and deadlines are fast approaching. If affected drivers do not update their status with the MD MVA, their license will not be considered valid. Which means a police encounter could result in the confiscation of your license and TSA will not accept the license as proper ID.

REAL ID Act

The REAL ID Act was passed in 2005 setting the benchmark for personal forms of identification and establishing minimum security standards for driver’s license issuance and production. The act prohibits federal agencies, like the TSA, from accepting driver’s licenses from states that do not meet the standards. The deadline set by the Act is October 1, 2020. After that date residents of all states will need a Real ID Act compliant driver’s license to pass through airport security. 

How does this affect Maryland?

Maryland began issuing Real ID Act compliant licenses in 2016 and is listed as a state compliant with the Act. The licenses feature the state flag as the backdrop and the Real ID star logo. The license has multiple security features to guard against counterfeiting and was touted at the time as the most secure license in the U.S. 

The problem? While Maryland issued a license that met all of the Real ID Act physical security features the MVA did not always require the license holder to submit proper documentation for proof of identity or citizenship. Now those with the new “Flag” license are in danger of either losing their license or not being able to pass through federal security. 

MD MVA estimates that over a million drivers have the new license but not the necessary documentation on file. Trying to alleviate a renewal nightmare Maryland officials have set staggered renewal dates in June and November 2019 to clear the backlog before the federal October 2020 deadline. Over sixty-six thousand drivers have deadline dates in June 2019 to provide documentation. 

Is your license compliant?

Those holding the older licenses with the blue banner and crab logo are not required to update their records and may maintain their licenses until they expire. However, after October 1, 2020, these style licenses will not be accepted by TSA or other federal agencies. Even if you have been issued a flag design license you may still need to update your documentation with MVA.

You should get a notice by email and/or mail notifying of the MVA need for documentation. Rather than wait for the MVA renewal notice you can check if your license is compliant at this link RealID Lookup . After searching your license number you will be told if anything further is required and what to do next.

Documentation

If you are required to update your records you will need,

1) Proof of age and identity-Original or certified copy of your birth certificate OR a valid U.S. passport

2) Proof of Social Security-Original Social Security card or W-2 form, or SSA-1099

3) Proof of Maryland residency-Two documents required: insurance card, vehicle registration, credit card bill, utility bill, or bank statement. Any must have your name, Maryland address and be from two separate entities.

This link has further information on Real ID FAQs .

Good luck!

Previous blog about licenses at "Real" ID .

Don't want to know...

We’ve spoken to several business owners about checking their employee’s backgrounds and driving records. What is most troubling is that many employers want to keep on their blinders. They don’t want to know about their employee’s past. Which might be OK for social issues or even criminal issues. Because the employee’s past does not directly affect their job performance or skills. Many employers hire those who have been released from prison. Which is a good thing. Most State correctional facilities have step down programs and teach vocations, employable skills, and most inmates finish or further their educations.

What is troubling is the failure of employers who employ drivers as their primary workforce to check driving records. Most drivers are entrusted with large capacity passenger or heavy cargo vehicles. The employer is more concerned with the skill the employee possesses than the performance of that skill.  Many say that if they checked into their drivers past they would not have any drivers. Another one is, “We only hire people we know”. Well, how well do you know someone? If your “friend” is forty and you’ve known them for five, or even ten years, that seems like an eternity. However, they’ve had twenty-two years of adulthood before you ever met them.

So maybe the reasoning is the liability the employer would assume if they hired a driver with a questionable record. Would that liability be lessened if the driver was employed without a check and was at fault while driving the company vehicle?

Liability may exist in either scenario and would depend on the industry standard. Some businesses regularly check their employees for certain positions while others do not. Does a business have benchmarks for what is considered dangerous? Just because the employee has driving infractions this does not open the business to liability.  Non-moving traffic violations can be far less of an issue than moving violations. Even moving violations have degrees of severity, such as “failure to reduce speed to avoid an accident” as opposed to “ negligent driving”.

For those who occupation is ”driver”, isn’t their record a performance review of their skills? If you hired a carpenter and were able to access a database that listed carpentry infractions wouldn’t you like to have this information? Record checks can verify resumes or skill levels. This was a simplistic comparison, but if you were concerned only with your employee’s skills, wouldn’t you want to know everything? Why is driving any different?

Here are a few instances of drivers involved in accidents in which it was later discovered that they had previous traffic violations.

•   July 2013-Dayton, OH-Ice Cream truck driver possesses a suspended license and has 27 arrests for a variety of offenses
• February 2012-Chesterfiled, NJ-Driver of school bus involved in fatal accident had undisclosed medical condition that prohibited from driving a bus
• March 2011, New York-Driver of bus in accident that killed fifteen had previous driving violations.

We have discussed this topic with attorneys who have said that they have had different experiences. Most of their clients and companies they know do check their driver’s records.  Regarding liability, it would be more prudent to check your drivers than to not. Just because someone has infractions on their driving record, that alone does not make them a poor candidate to hire. If one of your drivers has an accident and you find yourself in court, it is easier to defend your policy of hiring a driver with violations than not checking at all. 

Mazzella Investigative Solutions