Passed by Congress in May of 2005, the Real ID Act was part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and the Tsunami Relief Act. It is not Nevada law but federal law that gives the Department of Homeland Security the power to set identification standards for state driver’s licenses if those licenses are to be used as identification when boarding an aircraft or entering a federal building.
The federal Real ID Act is intended to combat terrorism, identity theft and other crimes by strengthening the integrity and security of state-issued identification.
The Act calls on states to implement a set of minimum national standards in several areas:
The Act requires states to begin issuing licenses that comply with the Real ID Act by May 11, 2008. That date quickly became unrealistic as the Department of Homeland Security didn’t issue the final details of how states could comply with the Act until Jan. 11, 2008. However, the final details did include a provision allowing states to apply for an extension that would push the compliance start date out to Dec. 31. 2009.
Nevada has applied for that extension and that extension has been granted. See the DMV News Release.
That means that the driver’s license issued by the Nevada DMV right now will be accepted for federal purposes at least until Dec. 31, 2009. Another extension is available should Nevada’s driver’s license meet physical standards by Dec. 31, 2009.
There is nothing you have to do right now. Nevada will comply with the Real ID Act but it takes time to budget and plan the changes called for in the Act. At the earliest, compliance with the Act is almost two years away, which is within the Act’s time frame. There is no need to visit a DMV office for a Real ID license or identity card.
You can get your documents ready. All Driver License and ID Card holders will be required to show proof of identity and Nevada residence at some point in the process, though only once. The key documents for identification will be a birth certificate or passport and a Social Security card. If you lack those documents, contact your state or county Vital Statistics Office or visit www.vitalchek.com.
Documents required for proof of residency are still being worked out, but they most likely will include mortgage statements, tax assessor’s notices and utility bills.
When will I have to comply? You will receive notice when you’re required to comply, most likely in your driver’s license renewal notice.
Nevada has not set an exact date to require proof of identity at renewal, but it will be no later than May, 2011. Those who were born on or after December 1, 1964 must obtain a license or ID that is Real ID compliant by December 1, 2014. Those born earlier will have until December 1, 2017. The DMV will notify you of your specific Real ID renewal date within these time frames.
If you don’t have a Real ID compliant driver’s license, your license will not be accepted as proof of identity when boarding a commercial aircraft, entering a federal facility or nuclear power plant. If your long-range plans don’t include traveling by air, appearing at a federal courthouse or touring a nuclear power plant, you won’t immediately need a Real ID compliant license. Your Nevada license will still be valid as identification in most places as well as a license to operate a motor vehicle.
What if I can't comply? If you cannot provide the proper proof of identity when it is required, the DMV will issue you a non-compliant license or ID card.
Although it is not required by the Real ID Act, Nevada is transitioning to a new, more-secure type of driver license and ID card. The new cards will feature 15 security features including ghost images and precision printing. The new cards will not incorporate any sort of RFID or other smart chip.
The major change for motorists is that you will no longer receive your license at the DMV office when you apply. You will receive a temporary permit at the office. The actual license will be produced in a secure, centralized facility and mailed. This will not only improve the security of the licensing process, it will also give the department additional time and tools to help detect fraudulent applications.
The DMV is planning to switch to the new system in September, 2008.
| REAL ID: Facts vs. Myths | |
| Myth: | DMVs want to create a national database that will track all Americans. |
| Fact: | DMVs simply want to help protect individual privacy by limiting each driver to only one driver’s license and one driver history, thus reducing the opportunity for identity theft. In fact, DMVs have been operating such a network to verify the identity of the 12 million commercial drivers for almost 20 years, and there has never been an allegation of invasion of privacy. |
| Myth: | By linking all DMV databases, the government is essentially creating a national identification system. |
| Fact: | By reviewing a customer’s driving history from all other states, DMVs can play a more proactive role in highway safety by helping to prevent the licensing of dangerous drivers. State DMVs don’t want or have the financial capacity to do anything other than maintain and protect driver histories. Credit card companies, drug stores and supermarkets know more about people than DMVs. |
| Myth: | The new Real IDs will contain RFID smart chips. |
| Fact: | The Real ID Act does not call for such technologies. |
| Myth: | Many states and groups have opposed the Real ID Act. |
| Fact: | The American Association of Motor Vehicle Administrators, the National Governors Association and the National Conference of State Legislators applaud the intent of the legislation: to build more integrity into the state driver licensing systems. But all three groups have some common sense alternatives to a number of the Real ID provisions. |
| Myth: | Real ID is the “on ramp” to a national identification system. |
| Fact: | America’s driver’s license framework needs 21st century upgrades to protect the public’s individual privacy on the slippery slope to identity theft. The driver’s license and Social Security card are the two most commonly used documents in perpetuating identity fraud. |
| Myth: | Real ID requires a biometric on the driver's license such as a fingerprint or iris scan. |
| Fact: | Real ID does not specify or mandate any type of human features recognition technology, only a digital photograph—which all states already require. |
| Myth: | Real ID requires the introduction of machine readable technology. |
| Fact: | This is nothing new. Look at the back of your license. For years, states have used a 2-D barcode, a magnetic stripe or both. And these technologies merely contain what is on the front of the license, only in digital format. |
| Links | |
| U.S. Department of Homeland Security Real ID Frequently Asked Questions | |
| DHS Real ID Home Page | |
| DHS Real ID Act Final Rules | |
| DHS News Release - January 11, 2008 | |
| National Governors Association Joint Press Release | |
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