Alabama Advisory Opinions March 16, 2001: AGO 2001-118 (March 16, 2001)

AGO 2001-118.

Dear Colonel Alexander:

This opinion of the Attorney General is issued in response to your request on behalf of the Department of Public Safety.

For purposes of the driver license laws of this state, what is the definition of "resident of this state" and what, if any, documents may the Department of Public Safety require a person to produce to establish that the person is a resident of this state?

Section 32-6-49.8(a)(i) of the Code of Alabama provides as follows:

Commercial driver license qualification standards shall be as follows:

(a) Testing .

(1) General - No person may be issued a commercial driver license unless that person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department.

Section 32-6-1(a) provides as follows:

(a) Every person, except those specifically exempted by statutory enactment, shall procure a driver's license before driving a motor vehicle upon the highways of this state. Every new resident of the State of Alabama shall procure an Alabama driver's license within 30 days after establishing residence in this state.

The word "resident" is not defined in the laws regulating the issuance of drivers' licenses or elsewhere in the Code. This Office, in the past, in connection with voter registration, has held that residency is an individual question of fact to be determined by the Board of Registrars based upon all the surrounding circumstances of each individual case. Opinion to James H. Kyzar Jr., dated July 14, 1988, A.G. No. 88-00364.

The ultimate question in determining residency is both where the individual evidences an intention to reside and where he actually does reside. Opinion to Ethel Knapp, Chairperson, Elmore County Board of Registrars, dated July 1, 1985, A.G. No. 85-00414. Some of the factors that may be used in making the determination of residency include where a person pays taxes, where he owns a home, where he is employed, where he has a driver's license, where he votes, where he does his banking, and where he purchases his automobile tags.

Similarly, with regard to obtaining a driver license, the determination of residency is an individual question of fact. Persons seeking a license may be required to furnish information such as where they pay taxes, where they own a home, where they are employed, and any other information that would establish whether the person is a resident of the state.

CONCLUSION

The determination of whether an individual is a resident of this state for the purpose of obtaining a driver's license is an individual question of fact to be made by the Department of Public Safety.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Carol Jean Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/CJS/TTF

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