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FOIL

What is the FOIL?

FOIL is an acronym for "Freedom of Information Law".  The NYS Freedom of Information Law provides for access to state and local government records.

If a NYS Department of Motor Vehicle record is not available using form MV-15 as indicated below, contact the DMV FOIL office.  Follow the instructions provided below to request DMV records under the FOIL.

What DMV records can I request under the FOIL?

All DMV records are available under a FOIL request except for:

1. Records or parts of records that can be withheld under section 87(2) of the NYS Public Officers Law external link, and

2. Records available using form MV-15 (Request for Driver and/or Vehicle Information).  These records are available through the DMV Certified Document Center, rather than the FOIL Office.  The following are records ordered with form MV-15:

  • Driver License Records
  • Vehicle Registration Records
  • Vehicle Title Records
  • Complete 19A Roster
  • Driver License Applications
  • Conviction Certificates
  • Driver License Suspension or Revocation Order
  • Drinking Driver Program Completion Certificate
  • Traffic Ticket (Summonses)
  • Vehicle Registration / Title Application
  • Vehicle Registration Suspension Order
  • Vehicle & Traffic Law Books

All other DMV records are available through the FOIL Office.  Do not submit a FOIL request for DMV records listed on form MV-15.

See the DMV Subject Matter List of Records (PDF).

How do I make a FOIL request?

Make your FOIL request in writing.  To make a request under the FOIL for records that are not listed on form MV-15, do one of the following:

  1. Complete and mail form MV-15F (Freedom of Information Law Request Form).
  2. Write a letter that describes the records you seek.  Make sure you include your mailing address so the FOIL Office can respond by mail.  Send the letter to the FOIL Office address.
  3. E-mail a FOIL request only if you are a requestor who is exempt from the payment of fees.  See the information below about FOIL requests by e-mail.

When and where can I inspect copies of DMV records?

You can inspect DMV records that you requested, and get copies, at the DMV Customer Service Counter in Room 136 of the Swan Street Building, 6 Empire State Plaza, Albany, New York, 12228, between 7:45 a.m. and 3:45 p.m. on any business day.

Records cannot normally be produced on the same day that they are requested.  Most DMV records are available within twenty (20) business days of the FOIL Office written acknowledgment of your request.

Is there a fee for records I request under the FOIL?

Yes, the law authorizes the DMV to charge a $10 search fee to determine if the records you request are available.  You must pay the search fee even if the records you request cannot be found.  The search fee cannot be refunded.

Your FOIL request must include the $10 search fee as indicated on form MV-15F, unless your organization is exempt from the fee.

If the records you request are available, you must pay a copy fee of $1.00 for each page.  A page is a single sheet of paper, whether one-sided or two-sided.

You can pay the fees by credit card, or by a check or money order made out to Commissioner of Motor Vehicles.

Can I request records under the FOIL by e-mail?

Yes, but only organizations that are exempt from the search and copy fees can submit FOIL requests by e-mail.  Exempt organizations are government agencies; public officers, boards or bodies, volunteer fire companies and volunteer ambulance services.

Exempt organizations can get instructions to submit an e-mail FOIL request in the DMV Customer Knowledge Base.

How can I contact the NYS DMV FOIL Office?

The DMV Records Access Officer is the person responsible for providing access to NYS DMV records under the FOIL.

The mailing address for the NYS DMV FOIL Office is:

Records Access Officer
New York State Department of Motor Vehicles
FOIL Office
6 Empire State Plaza, Room 222
Albany, NY 12228

This address is also listed on form MV-15F.

Your FOIL request must be made in writing.

How can I get more information about the FOIL in NYS?

Visit the web site of the NYS Committee on Open Government external link.

Subpoenas

Department of Motor Vehicles (DMV) Subpoena Office

The following rules apply to service of subpoenas upon DMV and release of certain DMV records. Service of subpoenas:

  • Service of a subpoena upon DMV may be made the following ways:

    1. In-person at the following address:

      NYS DMV
      Customer Service Counter
      Room 136
      6 Empire State Plaza
      Albany, NY 12228
    2. By mail to:

      NYS DMV
      Subpoena Office
      6 Empire State Plaza
      Albany, NY 12228

Subpoenas the DMV Will Honor

The DMV will honor a subpoena if it is:

  • So-ordered by a New York State judge, or an officer of the court, or
  • An administrative subpoena from a government agency in New York State (the subpoena must cite the statutory authority that grants subpoena power to the agency), or
  • A federal subpoena signed by an officer of the court, or a federal agency.

Records for Which a Subpoena is Required

A subpoena is required for the following DMV records:

  • Driver license photos.
  • A record that contains unmasked, highly-sensitive information, such as a social security number.
  • Any record that is defined by statute as not public.

Out-of-State Subpoenas

The DMV will not honor any out-of-state subpoena unless a New York State judge has ordered that the DMV comply with the subpoena.

Testimony

DMV witnesses and documents must be produced through separate subpoenas. A witness fee must be furnished with service of the subpoena, where applicable.

DMV representatives do not bring certified documents with them to trials or hearings. Certified documents must be produced through a separate records request.

Executive Orders are now at the About DMV page.