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Oregon Bulletin

January 1, 2013

Department of Transportation, Driver and Motor Vehicle Services Division, Chapter 735

Rule Caption: Increases fee for the Vehicle Code Book; deletes reference to DMV Administrative Rules Handbook.

Adm. Order No.: DMV 14-2012

Filed with Sec. of State: 11-19-2012

Certified to be Effective: 11-19-12

Notice Publication Date: 10-1-12

Rules Amended: 735-012-0000

Rules Repealed: 735-012-0000(T)

Subject: Pursuant to ORS 802.050, DMV publishes a biennial compilation of Oregon motor vehicle laws (Vehicle Code Book) for distribution to the public. The fee collected for the Vehicle Code Book is calculated to cover DMV’s costs to compile, publish and distribute the publication. Due to an increase in costs, DMV is increasing from $5 to $7, the fee collected for each book sold to cover DMV’s costs and to avoid a loss of revenues to the State Highway Fund. DMV must recoup its costs to avoid a violation of Article IX, section 3a of the Oregon Constitution. The fee charged for the Vehicle Code Book had not changed since 1991.

 Due to lack of demand, DMV no longer produces the DMV Administrative Rules Handbook; consequently, reference to the handbook is deleted.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-012-0000

Fee Charged for the Oregon Vehicle Code Book

(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) publishes the Oregon Vehicle Code Book, a biennial publication containing a compilation of Oregon motor vehicle laws. The Vehicle Code Book is available to any person or organization for a fee that covers DMV’s costs to produce the publication.

(2) The fee for an Oregon Vehicle Code Book is $7.

(3) The fee for the Oregon Vehicle Code is calculated from:

(a) The cost to publish the code book; and

(b) The mailing costs.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.010 & 802.050
Stats. Implemented: ORS 802.050
Hist.: MV 16-1985, f. 12-19-85, ef. 1-1-86; Administrative Renumbering 3-1988, Renumbered from 735-032-0045; MV 9-1988, f. & cert. ef. 3-2-88; MV 15-1988, f. & cert. ef. 5-18-88; MV 50-1989, f. & cert. ef. 12-1-89; MV 28-1991, f. & cert. ef. 12-16-91; DMV 17-2001, f. & cert. ef. 9-21-01; DMV 7-2012(Temp), f. & cert. ef. 7-19-12 thru 1-15-13; DMV 14-2012, f. & cert. ef. 11-19-12


 

Rule Caption: Possibility of Early Reinstatement When False Act Made Oneself Appear Old Enough to Buy Alcohol.

Adm. Order No.: DMV 15-2012

Filed with Sec. of State: 11-19-2012

Certified to be Effective: 11-19-12

Notice Publication Date: 10-1-12

Rules Adopted: 735-070-0006

Subject: ORS 809.415 authorizes DMV to suspend for one year the driving privileges of a person who has provided false information or committed false swearing when applying for driving privileges or an ID card. Chapter 14, Oregon Laws 2012 (HB 4043) allows DMV to end the suspension and reinstate a person’s driving privileges before the end of the one-year suspension period if DMV determines the person gave false information or committed false swearing to obtain false identification solely for the purpose of acquiring alcohol or entering licensed premises prohibited to minors when the person was under the age of 21. The person must also pay a reinstatement fee. The rule establishes the process for requesting an administrative review and adopts the criteria for DMV’s determination.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-070-0006

Reinstatement of Driving Privileges Suspended for Obtaining False ID

(1) Chapter 14, Oregon Law 2012 allows DMV to reinstate driving privileges prior to the full year suspension required under ORS 809.415(5) if DMV determines the person committed an act constituting an offense described in ORS 809.310(3)(a) or (b) when he or she was under 21 years of age and the only reason for the act was to obtain a driver license, driver permit or identification card that would make the person appear old enough to purchase or consume alcohol or to enter licensed premises prohibited to minors.

(2) A person may request reinstatement of driving privileges if the person’s driving privileges or right to apply for driving privileges are suspended under ORS 809.415(5) and OAR 735-070-0004(3) for committing an act that constitutes an offense under ORS 809.310(3)(a) or (b). To request reinstatement, the person must submit a written request for an administrative review. The request for an administrative review must include a signed statement describing how and for what purpose the person obtained a driver license or identification card when he or she committed the act under ORS 809.310(3)(a) or (b).

(3) Upon receipt of a request described under section (2) of this rule, DMV will conduct an administrative review to determine if the person’s driving privileges or right to apply for driving privileges should be reinstated. DMV will authorize reinstatement of driving privileges or the right to apply, only if DMV determines the circumstances of the person’s commission of an act under ORS 809.310(3)(a) or (b) meets all of the following criteria:

(a) The person was under 21 years of age at the time the person committed the act;

(b) The person’s driving privileges were not suspended or revoked at the time the person committed the act;

(c) The person did not commit more than one act described in ORS 809.310(3)(a) or (b); and

(d) It appears from the statement provided that the act was committed solely for the purpose of attempting to purchase, purchasing, consuming or acquiring alcoholic beverages or entering or attempting to enter licensed premises posted or otherwise identified as being prohibited to the use of minors.

(4) Upon completion of an administrative review, DMV will issue an order. If DMV determines the circumstances of the person’s commission of an act under ORS 809.310(3)(a) or (b) meet the criteria set forth in section (3) of this rule, the person’s driving privileges or right to apply for driving privileges will be reinstated upon payment of a reinstatement fee.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 2012 OL Ch. 14
Stats. Implemented: ORS 809.310, 809.320 & 2012 OL Ch. 14
Hist.: DMV 15-2012, f. & cert. ef. 11-19-12

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, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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