Judges: STEVE CLARK, Attorney General
Filed Date: 4/1/1988
Status: Precedential
Modified Date: 7/5/2016
Honorable W. Kent Ingram, Jr. Senator P.O. box 369 West Memphis, AR 72301
Dear Senator Ingram:
I have received your request for an Attorney General's opinion concerning the extent of the State Insurance Department's authority to implement a vehicle safety program. I have reviewed the material provided and will answer your question of:
Whether the State Insurance Department has the right to require this type of information?
The State Insurance Department — Risk Management Office has established a vehicle safety program with the purpose, as stated therein, of reducing costs associated with vehicle operations such as insurance, loss of property, injury, and loss of employee work time. The program requests all passengers in state vehicle use seat belts, every driver of a personal vehicle used on state business to maintain liability insurance on their vehicle, and employees, that use state automobiles, release their traffic violations record as maintained by the Department of Finance and Administration — Office of Driver Services. The traffic violations report will be utilized in a point system to identify employees who may possible be high-risk drivers.
The Risk Management Act [Act 272 of 1981, A.C.A.
It is my opinion that the vehicle safety program as described hereinabove is within the legislative grant of authority given the Risk Manager by the Risk Management Act. The Arkansas Insurance Department has been delegated the legal authority to promulgate rules and regulations to administer this program to control losses and encourage safety as allowed by the Act.
You did comment on the possibility that some of the questions might be an invasion of personal privacy. The United States Supreme Court has held that the right to privacy guaranteed by the
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Paul L. Cherry.