Oregon Bulletin
Rule
Caption: Action Taken Upon Failure to Establish
Identity when Committing an Act in ORS 809.310(a) through (h).
Adm.
Order No.: DMV 11-2011
Filed with Sec. of
State: 11-23-2011
Certified to be
Effective: 11-23-11
Notice Publication
Date: 10-1-2011
Rules Amended: 735-062-0016, 735-070-0004
Subject: Before issuing a driver license or identification card
(ID card), a person must submit to collection of biometric data in order to
establish the person’s identity. This means DMV takes a digital photograph of
an applicant for an original, renewal or replacement driver license or ID card,
which is then compared to all other digital photos in the DMV database using
facial recognition software. Based on this new technology, DMV has identified
many cases where a person was issued a driver license or ID card in a false
name. Often this occurred many years before when the person obtained
identification because he or she was under 21 years of age.
It has been DMV’s
policy to suspend a person’s driving privileges and cancel any driver license
or identification card, and to suspend the person’s right to apply for driving
privileges and an identification card for one year when it is determined the
person has committed an act listed in ORS 809.310(3). These acts include
submitting false information to DMV, using an invalid license obtained by
fraud, or giving false information to a police officer. DMV recently reviewed
this policy and determined the sanction is too harsh in most instances,
particularly since the majority of these situations arise because the person
applied for a false driver license or ID card several years ago in order to
misrepresent his or her age. State issued identification, either in the form of
a driver license or ID card, is a necessity in today’s world. Taking both a
driver license and ID card away from a person for a year can have a devastating
effect on the person’s ability to maintain a job, complete financial
transactions and travel. DMV has therefore changed its policy and will not
suspend an identification card and a person’s right to apply for an
identification card under these circumstances, although DMV will cancel an ID
card that has been issued in a false name.
DMV amended OAR
735-062-0016 and 735-070-0004 to delete the requirement that DMV suspend an ID
card or the right to apply for an ID card when the person commits an act set
forth in ORS 809.310(3). The rule amendments also correct a statutory citation
in OAR 735-062-0016. The amendments to OAR 735-070-0004 also clarify that DMV
will suspend driving privileges and the right to apply for driving privileges
in all cases where DMV has determined that the person has knowingly committed
an act listed in ORS 809.310(3)(a) through (h).
Rules Coordinator: Lauri Kunze—(503) 986-3171
735-062-0016
Requirements for Establishing
Identity Under ORS 807.024 and Consequences of Applicant’s Failure to Establish
Identity
(1) An applicant for an original, renewal or
replacement driver license, driver permit or identification card must submit to
the collection of biometric data, as provided in ORS 807.024, for the purpose
of establishing identity, unless the applicant meets the requirements of OAR
735-062-0120 or 735-062-0125.
(2) To collect biometric data DMV will take a digital
photograph of the applicant which must:
(a) Be full-faced;
(b) Clearly show the iris and pupil of each eye; and
(c) Capture the applicant’s natural appearance in
accordance with the requirements set forth in section (3) of this rule.
(3) To comply with Section (2) of this rule, DMV will
require the applicant to:
(a) Remove any eyeglasses;
(b) Remove any contact lens that significantly changes
the appearance of the applicant’s eye;
(c) Remove any clothing or similar material that
partially or completely covers the applicant’s face;
(d) Remove any head covering, including a hat or cap,
unless the head covering is for medical or religious reasons. A head covering
worn for medical or religious reasons must not cover or distort the applicant’s
face; and
(e) Remove makeup, face paint, jewelry, sticker or
other temporary substance that covers or distorts all or part of the face so as
to significantly alter the applicant’s natural appearance and which DMV
determines is likely to affect the biometric measurements of the digital
photograph.
(4) Except as provided in OAR 735-062-0120 and
735-062-0125, if an applicant’s identity is not established by the biometric
data submitted pursuant to subsection (1) of this rule, the applicant must
provide documentation or other evidence sufficient to establish the applicant’s
identity to the satisfaction of DMV. The documents or other evidence may
include, but are not limited to, one or more of the following:
(a) Documents listed in OAR 735-062-0020 that provide
proof of the applicant’s identity and date of birth to the satisfaction of DMV.
(b) The applicant’s SSN and proof and verification of
the SSN as provided in OAR 735-062-0005.
(c) A letter from a treating physician that identifies
the person and states a medical reason for the person’s change in appearance.
(d) A document or letter from a law enforcement agency
verifying identity.
(e) A court document verifying identity.
(5) Except as provided in OAR 735-062-0120 and
735-062-0125, DMV will not issue a driver license, driver permit or
identification card, if the applicant’s identity is not established under this
rule.
(6) Pursuant to ORS 809.310(3) and OAR 735-070-0004,
DMV will suspend an applicant’s driving privileges and the person’s right to
apply for driving privileges if the person fails to establish his or her
identity as required by this rule and the failure to establish identity is the
result of the applicant’s committing any of the acts identified in ORS
809.310(3)(a) through (h).
(7) Pursuant to ORS 809.310(1), 807.400(15), and OAR
735-070-0004, DMV will cancel a driver license, driver permit or identification
card issued to an applicant who fails to establish his or her identity as
required by this rule when applying for the license, permit or identification
card.
(8) Pursuant to ORS 809.310(2), 807.400(15), and OAR
735-070-0004, DMV will cancel a driver license, driver permit or identification
card issued to an applicant who fails to establish his or her identity as
required by this rule when applying for the license, permit or identification
card, and the failure to establish identity is the result of the applicant’s
providing false information to DMV.
(9) If, based on the identification procedures required
under section (1) or section (2) of this rule, DMV determines that an applicant
has used different names to identify himself or herself in different
applications submitted to DMV and the different names are not the result of the
applicant’s having legally changed his or her name, DMV may take the actions
authorized by ORS 809.135.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 807.021 & 807.024
Stats. Implemented: ORS 807.021,
807.024, 807.400, 809.135, 809.310, 807.400 & 809.411
Hist.: DMV 16-2008, f. 6-23-08,
cert. ef. 7-1-08; DMV 13-2010, f. & cert. ef. 7-30-10; DMV 6-2011, f. &
cert. ef. 6-21-11; DMV 11-2011, f. & cert. ef. 11-23-11
735-070-0004
Cancellation and Suspension
Actions Under ORS 809.310
(1) Pursuant to ORS 809.310(1) and (2) and 807.400(15),
DMV will cancel any driver license, driver permit or identification card when
DMV determines that it was issued on the basis of false information given to
DMV or determines that the person is not entitled to driving privileges or the
identification card. The cancellation action may be taken in addition to the
suspension actions authorized by section (3) of this rule.
(2) When DMV cancels a person’s driver license, driver
permit or identification card under section (1) of this rule, DMV may cancel
any other driver license, driver permit or identification card issued to the
person to which the person is not entitled or which was issued on the basis of
false information given to DMV.
(3) Pursuant to ORS 809.310(3) and 809.415(5), DMV will
suspend driving privileges and the right to apply for driving privileges if DMV
determines that a person has knowingly committed any of the acts identified in
ORS 809.310(3)(a) through (h). The suspension will be imposed regardless of
when the act occurred.
(4) When DMV suspends a person’s driving privileges
pursuant to ORS 809.411(9) because the person has been convicted of any of the
acts identified in 809.310(3) (a) through (h), or because DMV has determined
the person knowingly committed any of the acts identified in 809.310(3)(a)
through (h), DMV will suspend any other driving privileges issued to the person
and the person’s right to apply for driving privileges.
Stat. Auth.: ORS 184.616, 184.619
& 802.010
Stat. Imp.: ORS 809.310 &
809.320
Hist.: MV 8-1989, f. & cert.
ef. 2-1-89; MV 18-1993, f. 12-17-93, cert. ef. 1-1-94; DMV 16-1994, f. &
cert. ef. 12-20-94; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 11-2011, f.
& cert. ef. 11-23-11
Rule
Caption: Police Reports for Implied
Consent Suspension.
Adm.
Order No.: DMV 12-2011
Filed with Sec. of
State: 11-23-2011
Certified to be
Effective: 11-23-11
Notice Publication
Date: 10-1-2011
Rules Amended: 735-070-0054
Subject: OAR 735-070-0054 establishes the information required
on the form police send to DMV to suspend driving privileges under the Implied
Consent Laws following a driving under the influence arrest and the driver
either fails or refuses a chemical test. DMV has removed the requirement that
the form indicate if the person holds a commercial driver license, as DMV is
also able to determine that information from the person’s driving record and
amend the form accordingly. DMV has also removed the requirement that the form
contain “a suspension period that conforms to the type of suspension in
accordance with ORS 813.404 or 813.420.” At times the form received by DMV will
not indicate the length of suspension. However, the form does include the
person’s rights and consequences and that section of the form must be read by
the police officer to the driver. The rights and consequences clearly state the
suspension will be substantially longer if the person refuses a test. The
rights and consequences also state: “if you fail or refuse a test, the
suspension period will be longer and the wait time for a hardship permit
increased if, within the last five years, you have been convicted of DUII, you
have had your driving privileges suspended under the Motorist Implied Consent
Law, or you have participated in a DUII diversion or similar program.” In Basile
v. DMV, the Oregon Court of Appeals ruled that a specific box indicating
suspension length need not be marked on the front of the form for the person to
understand that his or her driving privileges are suspended and that the time
is longer if he or she refused the test rather than failed the test. Further,
the person can understand whether he or she will serve the minimum time or the
longer time because of some other act within the last five years as mentioned
in the rights and consequences. Because of the case law, DMV enters a
suspension on a record even if the form does not indicate the length of
suspension.
Rules Coordinator: Lauri Kunze—(503) 986-3171
735-070-0054
Police Reports for Implied Consent
Suspension Under ORS 813.100, 813.120, 813.132 and 813.410
(1) A police report required by ORS 813.100 must be
submitted to the Driver and Motor Vehicle Services Division of the Department
of Transportation (DMV) on forms approved and distributed by the department.
(2) For the Driver Suspensions Unit to suspend a
person’s non-commercial Class C driving privileges, commercial driver license,
or both or right to apply for driving privileges or a commercial driver license
under ORS 813.410 for failure of a breath test or for refusal of a breath,
blood or urine test, the implied consent form(s) must:
(a) Be received by DMV on or before the 30th day after
the date of arrest; and
(b) Contain the following information:
(A) Specify all of the following that apply:
(i) The person failed a breath test;
(ii) The person refused a breath test;
(iii) The person refused a blood test;
(iv)The person refused a urine test;
(v) The person was operating a commercial motor
vehicle;
(vi) The person was operating a vehicle transporting
hazardous materials.
(B) A date of arrest; and
(C) The reporting officer’s signature below the
statement, “I affirm by my signature that the foregoing events occurred.” The
officer’s signature will be considered acceptable if located anywhere on the
line of the form directly below the statement.
(3) For the Driver Suspensions Unit to suspend a
person’s non-commercial Class C driving privileges, commercial driver license,
or both or right to apply for driving privileges or a commercial driver license
under ORS 813.410 for failure of a blood test, the police report form must be
received by DMV on or before the 45th day after the date of arrest and must
indicate that the person failed a blood test and whether the person was
operating a commercial motor vehicle, as well as the information required in
paragraphs (2)(b)(B) and (C) of this rule.
(4) If an implied consent suspension has been posted
pursuant to this rule and a timely hearing request has not been submitted as
provided for in ORS 813.410(3), the driver may have the implied consent
suspension withdrawn only by:
(a) Having the police agency or district attorney’s
office follow procedures outlined in OAR 735-070-0055;
(b) Obtaining and prevailing at a hearing under ORS
813.440; or
(c) The Driver Suspension Unit, when it withdraws the
suspension pursuant to ORS 813.460 and OAR 735-070-0060.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 813.100 & 813.120.
Stats. Implemented: ORS 813.100,
813.120, 813.130 & 813.404 - 813.460
Hist.: DMV 7-1995, f. & cert.
ef. 3-9-95; DMV 12-1995, f. & cert. ef. 12-14-95; DMV 9-1996, f. &
cert. ef. 10-10-96; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 12-2011, f.
& cert. ef. 11-23-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use |