4501:1-1-40 Next of kin database.

(A) The registrar of motor vehicles shall establish within the bureau of motor vehicles a database of the next of kin of persons who hold an Ohio driver's license, commercial driver's license, temporary instruction permit identification card (TIPIC), motorcycle operator's license or endorsement, motorized bicycle operator's license, or state identification card. Information in the database shall be accessible only to employees of the bureau of motor vehicles and to criminal justice agencies and is not a public record for purposes of section 149.43 of the Revised Code. The database shall be known as the Ohio next of kin database.

(B) When an individual submits an application to the registrar of motor vehicles or a deputy registrar for a driver's license, commercial driver's license, TIPIC, motorcycle operator's license or endorsement, motorized bicycle operator's license, or state identification card, or renewal of any of them, the individual shall be furnished with an application for entry in the Ohio next of kin database on which the individual may list the name, address, telephone number, and relationship to the individual of at least one contact person whom the individual wishes to be notified if the individual is involved in a motor vehicle accident or emergency situation and the individual dies or is seriously injured or rendered unconscious and is unable to communicate with the contact person. The contact person may or may not be the next of kin of the individual, except that if the individual is under eighteen years of age and is not emancipated, the contact person shall include the parent, guardian, or custodian of the individual.

(C) Application for entry in, or changes to, the Ohio next of kin database shall be made electronically on the bureau of motor vehicles website at http://bmv.ohio.gov/ or in person at any bureau office or deputy registrar agency who shall accept the application from the individual without payment of any fee. The bureau will not enter or change any information except upon electronic or written application of the individual himself or herself. The registrar may prescribe security requirements to protect against unauthorized entry of, access to, or changes to the next of kin and contact person information.

(D) The registrar shall prescribe which information is mandatory and which information is optional for entry into the Ohio next of kin database. The form shall contain the option to add, remove, or change next of kin information; the individual's name, address, and Ohio driver license or identification card number; and the emergency contact's name, address, telephone number, and relationship to the individual. The individual may list the names and contact information for no more than two contact persons.

(E) By submitting the application for entry in the Ohio next of kin database, the individual consents to the use of the information in accordance with section 4501.81 of the Revised Code and this rule.

(F) The registrar shall establish and maintain the Ohio next of kin database in a manner that provides the information to criminal justice agencies twenty-four hours a day and seven days a week except in cases of computer malfunction or other emergency circumstances.

(G) In the event of a motor vehicle accident or emergency situation in which an individual dies or is seriously injured or rendered unconscious, and is unable to communicate with the contact person specified in the database, an employee of a criminal justice agency shall make a good faith effort to notify the contact person of the situation. However, no liability shall be incurred if the bureau of motor vehicles, the employee, or the criminal justice agency is unable to notify the contact person.

R.C. 119.032 review dates: 08/22/2013 and 08/22/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.81
Rule Amplifies: R.C. 4501.81
Prior Effective Dates: 8/24/08, 3/21/11, 2/10/12