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Oregon Bulletin

January 1, 2014

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

Rule Caption: Proof of Treatment Completion Required for Reinstatement of DUII Suspension

Adm. Order No.: DMV 16-2013

Filed with Sec. of State: 11-25-2013

Certified to be Effective: 11-25-13

Notice Publication Date: 10-1-2013

Rules Amended: 735-070-0085

Rules Repealed: 735-070-0085(T)

Subject: Section 2, Chapter 9, Oregon Laws 2012 requires a person to provide proof of completion of a treatment program before driving privileges may be reinstated for a suspension upon conviction for driving under the influence of intoxicants (DUII), unless DMV waives this requirement for good cause. Ch. 233, Oregon Laws 2013 (HB 2121) amends Section 2, Chapter 9, Oregon Laws 2012 to specify in statute the exemptions from the requirement for such proof and repeals the waiver for good cause. DMV has amended OAR 735-070-0085(3) to implement these statutory changes. DMV further amended this rule to specify that a DUII Treatment Completion Certificate, DMV form 735-6821, is the only form of proof of completion that will be accepted by DMV.

   As HB 2121 contained an emergency clause, DMV adopted a temporary rule to implement the statutory requirements. The temporary amendments were effective on June 21, 2013 following approval by the Oregon Transportation Commission. DMV has now made these rule amendments permanent.

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

735-070-0085

Proof of Treatment Completion Required for Reinstatement of DUII Suspension

(1) Except as provided in section (3) of this rule, a person whose driving privileges are suspended due to a conviction in an Oregon court of driving under the influence of intoxicants (DUII) must provide as proof that the person completed a treatment program to which the person was referred under ORS 813.021, a DUII Treatment Completion Certificate (Certificate), DMV Form 735-6821. The Certificate must be completed by an authorized representative of an Oregon DUII treatment program approved by the Director of the Oregon Health Authority (OHA) or by an authorized representative of OHA on behalf of an Oregon DUII treatment provider or an out-of-state DUII treatment provider.

(2) If the person has more than one suspension of driving privileges resulting from DUII convictions, the Certificate required under section (1) of this rule is sufficient for reinstatement of all DUII suspensions with arrest dates that were before the date treatment was completed. For purposes of this section, the Certificate must show the date treatment was completed.

(3) If the person does not provide the proof described in section (1) of this rule, DMV will not reinstate driving privileges following a suspension for DUII unless:

(a) The person submits an order from the circuit court of the county in which the person was convicted showing that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program;

(b) It has been 15 years or more since the person’s last DUII conviction in an Oregon court; or

(c) The suspension of driving privileges resulted from a conviction in another jurisdiction for the statutory counterpart to ORS 813.010 (DUII).

Stat. Auth.: ORS 184.616, 184.619, 802.010, 809.380, 2012 OL Ch. 9 & 2013 OL Ch. 233

Stats. Implemented: 2012 OL Ch. 9 & 2013 OL Ch. 233

Hist.: DMV 5-1994, f. & cert. ef. 7-21-94; DMV 4-2012(Temp), f. & cert. ef. 3-26-12 thru 9-21-12; DMV 10-2012, f. & cert. ef. 7-19-12; DMV 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13; DMV 16-2013, f. & cert. ef. 11-25-13


Rule Caption: Proof of Compliance with Financial Responsibility Requirements

Adm. Order No.: DMV 17-2013

Filed with Sec. of State: 11-25-2013

Certified to be Effective: 11-25-13

Notice Publication Date: 10-1-2013

Rules Amended: 735-050-0120

Rules Repealed: 735-050-0120(T)

Subject: OR Law 2013, Chapter 108 (HB 2107) amends ORS 742.447 to expand how an insurance company may provide proof of motor vehicle insurance by authorizing an insurance company to provide proof by either issuing a paper insurance card or by issuing the information on an insurance card electronically for display on the insured’s electronic device. The insured must agree to receive the information electronically. DMV has amended OAR 735-050-0120 to add an electronic display of the insurance card as one of the means to provide proof of compliance with financial responsibility requirements. The amendments also clarify what constitutes proof of compliance with financial responsibility requirements for purposes of ORS 806.011 and ORS 806.012.

   As HB 2107 contained an emergency clause this rule was amended on a temporary basis to align rule with law as soon as possible. The temporary amendments were effective on June 21, 2013 following approval by the Oregon Transportation Commission. DMV has now made these rule amendments permanent.

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

735-050-0120

Proof of Compliance With Financial Responsibility Requirements

For purposes of ORS 806.011 and 806.012, any of the following constitutes proof of compliance with financial or future responsibility requirements that must be carried in the motor vehicle covered by such proof:

(1) A current motor vehicle insurance card issued by the insurer either as a paper card or electronically for display on a personal electronic device.

(2) An unexpired motor vehicle liability insurance policy for the particular vehicle that meets the standards set forth in ORS 806.080;

(3) An unexpired motor vehicle liability insurance binder issued by the insurance carrier or its authorized insurance producer (agent) for the particular vehicle that meets the standards set forth in ORS 806.080;

(4) A letter signed by a representative from an insurance carrier or its authorized agent, on the insurance carrier’s or agent’s letterhead, that verifies current insurance coverage;

(5) A certificate of self insurance issued by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) under ORS 806.130 naming the owner of the particular vehicle; or

(6) A displayed Oregon dealer plate unless the vehicle dealer is exempt from the requirement to file a certificate of insurance under ORS 822.033. If the vehicle dealer is exempt from the insurance requirements under 822.033, one of the proofs of compliance with financial responsibility requirements described in sections (1) to (5) of this rule must be carried in the vehicle displaying the Oregon dealer plate.

Stat. Auth.: ORS 184.616, 184.619, 806.011, 806.012 & 2013 OL Ch 108

Stats. Implemented: ORS 806.011, 806.012 & 2013 OL Ch 108

Hist.: DMV 3-1994, f. & cert. ef. 7-21-94; DMV 22-2002, f. 11-18-02, cert. ef. 1-1-03; DMV 14-2003, f. 10-24-03, cert. ef. 1-1-04; DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04; DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13; DMV 17-2013, f. & cert. ef. 11-25-13

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, 2013.

2.) Copyright 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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