Request By:
Mr. Jack Heck
Principal Assistant to the Custodian of Records
Transportation Cabinet
State Office Building
Frankfort, KY 40601
Opinion
Opinion By: Frederic J. Cowan, Attorney General; V. Lynne Schroering, Assistant Attorney General
Mr. Meseke appealed your June 6, 1989 response to his June 5, 1989 request to inspect "the records on file or computer on individual driving records past the three year record search, which is presently the normal office procedure."
FINDINGS IN BRIEF
The Department of Transportation failed to act consistent with provisions of KRS 61.870 to 61.884 in responding to a request to inspect records by indicating that the information for individual driving records beyond three years was denied pursuant to KRS 186.010.
FACTUAL BACKGROUND
On June 5, 1989 Mr. Meseke requested to review the individual driving records past a three year record search. On June 6, 1989 your office declined his request to review individual driving records citing KRS 186.018. Apparently, Mr. Meseke's main request is for the address of the individuals, not the driving violation.
OPINION OF THE ATTORNEY GENERAL
KRS 61.880(2) provides authority for the Attorney General, upon request of one denied inspection of public records, to issue a written opinion stating whether an agency acted consistent with provisions of KRS 61.870 to 61.884.
The denial cites KRS 186.018 which directs the Commonwealth to destroy and shall not maintain "records of moving traffic convictions which are more than five (5) years old."
The other statute that refers to the time period to review driving records is KRS 187.310 which governs the Transportation Cabinet furnishing certified abstracts of motorists' operating records. The certified abstracts shall not contain information concerning any violation of the law, injury or damage occurring earlier than three years prior to the request.
The letter of Mr. Meseke does not request certified abstracts of the operating records of motorists; therefore, we do not consider KRS 187.310 applicable to the instant case.
Therefore, if Mr. Meseke requests to examine the driving records of a specific individual, and the Transportation Cabinet is in possession of this file (i.e., not a file destroyed at the five year time period) , he should be allowed to review records beyond the three years mentioned in your letter of denial. Of course, he would not be able to review records containing any violation of the law, injury or damage beyond the three years pursuant to KRS 187.310. Your office may need to separate this excepted material. KRS 61.878(4).
As a postscript it should be noted that a citizen does not have a right to require a list to be made from public records if the list described does not already exist. OAG 76-375.
Mr. Meseke should be promptly notified that he may review the driving records of specific individuals greater than three years but less than the five year time limit expressed by the General Assembly. This review excludes records of violations prohibited by KRS 187.310.
Your agency may have a right pursuant to KRS 61.880(5) to appeal the findings of this opinion.
As required by statute, a copy of this opinion is being sent to Mr. Henry Meseke.