An unfunny thing happened on the way to a car rental. I was turned down as a bad risk.
Last month I went with a friend to Budget Rent a Car at the Westchester County Airport to be a second driver on a trip to the Catskills. After she agreed to pay $5 for an extra driver, I gave my license to the clerk, who worked his computer, then told me my application was denied because of an accident in 1991 involving injury to a passenger but no charges. Four years must elapse-two more from this Labor Day-before this accident leaves my record as far as Budget is concerned. Going to the Catskills, I was a passenger.
A reader in Florida, Jon Harris of Stuart, who had a guaranteed reservation in July with Avis in West Palm Beach, was rebuffed for getting two speeding tickets in the last three years, which he said he got at a speed trap. But at Budget he got a “friendly welcome” and rented a car. Budget had the same rules as Avis, but its computer was not working so no check on his license was made.
Screening prospective renters and denying cars to those with marks on their records is a growing phenomenon in New York, principally in the metropolitan area, which includes Newark Airport, and in Florida. Avis and National make on-the-spot computer checks of drivers’ licenses from New York or Florida before rental in either state.
Budget customers in Florida, Maryland or New York presenting licenses from any of these states undergo a check; Hertz does so for these three states plus Ohio. Such notations as three moving violations, two accidents or one accident with an injury or death, within a specified period, can disqualify a renter.
The practice has spread since Hertz got involved last year in a legal battle over surcharges for car renters who live and rent in New York City. Joseph M. Russo, a spokesman for Hertz, said that the city-resident surcharges, ranging from $56 a day for Bronx renters to $3 for Manhattan renters, still were in effect and that Hertz had won the latest court appeal. The surcharge effectively makes Hertz non-competitive for rentals to many city residents.
Russo said the license checks were a response to the same pressures: accidents, “vicarious liability,” which holds the car owner responsible in liability suits, and big court settlements.
Hertz began checking driving records in metropolitan New York in June 1992, then phased in the rest of the state; it began in Florida in April and in Maryland and Ohio in June.
Avis began checking in metropolitan New York in May and in Florida in June.
Budget began in metropolitan New York in the fall of 1992, then phased in the rest of the state; it began in Florida and Maryland last spring.
National began in New York in 1992 and in Florida early this year.
Florida and New York have liability laws without dollar limits on awards, and awards in these two states have been the largest in the country, according to the American Car Rental Association.
Alamo, which has headquarters in Florida and does not operate in the New York metropolitan area except for Newark Airport, is not checking driving records. Liz Clark, director of public affairs, said the company’s officers were not persuaded that it was appropriate to deny a rental to someone the state permits to drive. But if Alamo ends up with all the drivers rejected by the four other companies, she said, this may change.
Alamo, however, is planning a test program to verify that licenses presented by applicants are valid, she said. Starting Oct. 1, all people who arrive to rent cars from Alamo at Newark Airport, in Cincinnati or in Cleveland will have their licenses checked for validity, regardless of the state in which they live. One reason all four other companies list for refusing a renter is an invalid license.
Other common prohibitions involve conviction on motor vehicle criminal charges-possessing a stolen car, for example, or conviction of drunken driving within 72 months or driving without a valid license or insurance within 48 months.
A sense of having one’s privacy invaded is a common reaction to hearing that driving records can be disclosed to an auto rental company. But New York State and Florida long have had these records open to scrutiny.
Janet Dennis, a spokeswoman in the Florida Department of Motor Vehicles, said that 95 percent of the state’s records were open and that in her 14 years in the department no serious effort had been made to change the policy.
George Filieau of the New York State Department of Motor Vehicles said the state’s driving records always have been open to the public. Lawyers, news organizations and insurance companies were cited by both officials as longtime users of these data.
Computer programs that quickly can call up a driving record by license number from a state’s archives have enabled the rental companies to screen renters on the spot.
TML Information Services of Queens is the contractor used by Avis, Budget, Hertz and National to get the data to the rental counter. The states get a fee of $2 to $4 for each search, and the car rental companies pay a charge that covers the fee.
Deborah Jaeger, a spokeswoman for TML, explained the system. When the rental clerk enters the renter’s license number into the computer, the screen responds with the person’s full name to confirm that the right record has been found, then with the words “Accept” or “Deny.” The date of the driver’s birth is shown and the ground for denial, in the form of a number-probably from 1 to 10-keyed to the rental company’s own rule sheet (each company sets its own criteria for rejection).
This exchange is stored, with the identification of the counter clerk, the place, the date and the hour. Budget’s New York office, where this information may be checked, gets 200 to 300 calls a day, according to Joe Sofia, the employee who returned my call. The rental companies can modify their criteria depending on what they learn from the data. National did so, deciding to reject applicants with three, rather than two, moving violations in 36 months.
National is using a pledge form in all states other than Florida and New York in which the renter certifies that he meets the same requirements used in license checks. Michael Olsen, a spokesman, said there had been no court test of whether a falsification on this form would void the contract.
The companies say their phone agents tell renters seeking to reserve cars in the states involved that there will be a check, but Harris said he was not warned. If you have marks on your license, ask for specifics.
As usual, there are wrinkles. If a company has a corporate agreement with a rental agency, the liability provisions in this agreement will govern at what level the application will be denied. An employee without a valid license would not pass, but the assumption of responsibility by the employer might mean that speeding tickets would not be disqualifying.
If you travel to a state where your record may disqualify you, be sure that someone traveling with you has a clean record and a free-standing credit card. A credit card in the name of a disqualified spouse will not be accepted because the person with the credit card is the contract-holder.
