From The Columbus Dispatch

The Ohio Supreme Court has let stand a $5 Bureau of Motor Vehicles fee that trucking companies and insurers have now twice failed to derail.

In a ruling released yesterday, the justices voted 6-0 to uphold the fee the BMV charges to provide certified copies of commercial driver’s license histories to employers and insurance carriers.

Motor Carrier Service Inc., a Columbus trucking company, argued that the fee was illegal because Ohio’s public-records law requires governments to provide copies of records at cost, typically 5 cents a page.

However, justices found that the public-records law is subordinate to the federal and state driver-privacy protection laws the BMV cited to impose the $5 fee.

Under the privacy laws, the bureau must remove drivers’ personal information from public records it releases. But the same law permits the BMV to provide unredacted copies to employers and insurers, and it charges $5 for that service.

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