Loading
 

 

Oregon Bulletin

February 1, 2014

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

Rule Caption: Eliminates Drive Test Every Two Years for Person with Limited Vision Condition

Adm. Order No.: DMV 18-2013

Filed with Sec. of State: 12-20-2013

Certified to be Effective: 1-1-14

Notice Publication Date: 10-1-2013

Rules Amended: 735-062-0385

Subject: Chapter 473, Oregon Laws 2013 (Senate Bill 288) amends ORS 807.363 to eliminate a requirement that a person with a limited vision condition who is granted driving privileges pass a DMV drive test every two years to retain those privileges. The person must continue to provide a report from their vision specialist showing vision requirements for maintaining driving privileges are met. DMV has amended OAR 735-062-0385 to eliminate all references to the drive test requirement.

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

735-062-0385

A Person with a Limited Vision Condition Must Qualify Every Two Years

(1) Beginning two years from the date of issuance and at least every two years thereafter, a person issued a license under ORS 807.363 must be examined by a licensed vision specialist and submit a Report of Limited Vision Examination form showing the person meets the vision requirements under ORS 807.359. If the person’s driving privileges are not restricted to daylight driving only, the Report of Limited Vision Examination form must include the nighttime driving vision specialist certification.

(2) Approximately 90 days before it is due, DMV will send the person a requirement letter and Report of Limited Vision Examination form. The Report of Limited Vision Examination form must be completed by the person’s licensed vision specialist and returned to DMV no later than the return date on the requirement letter.

(3) DMV will cancel the person’s driving privileges if the Report of Limited Vision Examination form is not completed and returned to DMV by the return date set forth in the requirement letter described in section (2) of this rule or the person fails to meet the vision requirements as set forth in section (1) of this rule.

(4) If the person’s driving privileges are not restricted to daylight driving only, DMV will issue a driver license with a daylight driving only restriction if the Report of Limited Vision Examination report submitted pursuant to section (1)(a) of this rule does not include the nighttime driving vision specialist certification.

(5) A Report of Limited Vision Examination must be received by DMV no later than two years from the date the most recently submitted report was signed by the licensed vision specialist.

Stat. Auth.: ORS 184.616, 184.619 & 802.010

Stats. Implemented: ORS 807.363 & 809.310(1)

Hist.: DMV 20-2009, f. & cert. ef. 10-27-09; DMV 18-2013, f. 12-20-13, cert. ef. 1-1-14


Rule Caption: Expiration Date of a Driver License or Identification Card Under Specific Circumstances

Adm. Order No.: DMV 19-2013

Filed with Sec. of State: 12-20-2013

Certified to be Effective: 1-1-14

Notice Publication Date: 10-1-2013

Rules Amended: 735-062-0007, 735-062-0010

Subject: Oregon Law 2013, Chapter 238 (HB 2517) amends ORS 807.130 to specify that a driver license or identification card issued to a person legally present in the United States on a temporary basis and who is a citizen of a country with a Compact of Free Association (Compact) with the United States, is valid for eight years before it expires. The Compact countries are: Federated States of Micronesia; Republic of Palau; and Republic of the Marshall Islands. DMV has amended OAR 735-062-0007 and 735-062-0010 to implement HB 2517, including the requirement that a person from a Compact country must provide proof of legal presence to DMV.

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

735-062-0007

Driver Permits or Driver Licenses

(1) Before the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will issue a driver permit or driver license, the person applying for the driver permit or driver license must:

(a) Satisfy all requirements set forth in ORS 807.040 and 807.060(2)(a) if under the age of 18. For purposes of ORS 807.060 and this subsection:

(A) “Mother” means the biological or adoptive mother of the applicant;

(B) “Father” means the biological or adoptive father of the applicant; and

(C) “Legal guardian” means an individual, or the authorized representative of an entity, private or public institution or agency appointed as guardian of the applicant by a court having jurisdiction.

(b) Satisfy all requirements set forth in ORS 807.065 and 807.066 to receive a driver license (provisional) if under 18 years of age;

(c) Provide a verifiable SSN or proof that the person is not eligible for a SSN as provided in OAR 735-062-0005;

(d) Provide proof of legal presence as provided in OAR 735-062-0015;

(e) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016;

(f) Provide proof of the person’s identity and date of birth as provided in OAR 735-062-0020;

(g) Provide proof of the person’s residence address as provided in OAR 735-062-0030;

(h) Provide proof, as provided in OAR 735-016-0070, that the person is domiciled in or a resident of Oregon;

(i) Surrender all driver permits and driver licenses in the person’s possession issued outside of Oregon.

(j) In addition to all requirements in subsections (a) through (i) of this section, a person applying for a commercial driver license or commercial instruction permit must:

(A) Certify driving type; and

(B) Meet medical qualifications as described in OAR 735-063-0050.

(C) Satisfy all requirements set forth in ORS 807.045 and OAR 735-062-0200 if the person holds a commercial driver license from another jurisdiction.

(2) A person is not eligible for driving privileges under ORS 807.060(4) or (5) and DMV will not issue or renew driving privileges or replace a driver license or driver permit if on an application for driving privileges or a replacement license or permit a person:

(a) Answers yes to the question “Do you have a vision condition or impairment that has not been corrected by glasses, contacts or surgery that affects your ability to drive safely?” and the person is unable to pass a DMV vision screening;

(b) Answers yes to the question “Do you have any physical or mental conditions or impairments that affect your ability to drive safely?”;

(c) Answers yes to the question “Do you use alcohol, inhalants, or controlled substances to a degree that affects your ability to drive safely?”

(3) A person who is denied issuance or renewal of driving privileges or replacement of a driver license or driver permit under section (2) of this rule will be allowed to establish or reestablish eligibility by passing DMV examinations under ORS 807.070, by getting a determination of eligibility from the Medical Determination Officer under ORS 807.090 or both, as determined by DMV. The requirement may be waived if DMV determines the application was completed in error and the person is eligible for driving privileges.

(4) Upon receipt of an application for a driver license or driver permit, DMV will make an inquiry to the National Driver Register/Problem Driver Pointer System (NDR/PDPS) or the Commercial Driver License Information System (CDLIS) or both to determine if the applicant’s driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction. For issuance of a commercial driver license (CDL), DMV will also make an inquiry to CDLIS to determine if the applicant has been issued a CDL in another jurisdiction.

(5) DMV may require the applicant to provide a clearance letter in compliance with OAR 735-062-0160, indicating the applicant has valid driving privileges from any jurisdiction in which an inquiry with the National Driver Register/Problem Driver Pointer System (NDR/PDPS) or the Commercial Driver License Information System (CDLIS) or both indicates the applicant’s driving privilege is not fully valid.

(6) DMV will not issue driving privileges to a person until his or her driving privilege is reinstated in all jurisdictions, unless the only remaining reinstatement requirement in the other jurisdiction is proof of financial responsibility. Nothing in this section prohibits DMV from issuing a regular Class C driver license to a person whose CDL driving privileges are not valid as long as the person’s regular Class C or equivalent driving privileges are valid.

(7) DMV will not issue a driver license or permit to a person with a current, valid Oregon identification card (ID card). To become eligible, the person must surrender the ID card before DMV may issue the Oregon driver license or permit. If the person’s ID card is lost or destroyed, the person must make a statement that the card is lost or destroyed and that it will be returned to DMV if found.

(8) A driver license issued to a person with a February 29 birth date expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On March 1 if the expiration year is not a leap year.

(9) After determining that an applicant has met all requirements under this rule, DMV will issue the license or permit and mail it to the address provided by the applicant at the time of the application.

(10) After determining that an applicant has met all requirements under this rule and has provided proof of legal presence in the United States on a temporary basis, as described in OAR 735-062-0015(4), DMV will issue a limited term driver license or limited term driver permit and mail it to the address provided by the applicant at the time of the application. The expiration date of a limited term driver license or limited term driver permit is as described in ORS 807.130(3).

(11) DMV will issue a person who is a citizen of a country with a Compact of Free Association with the United States and who provides proof of legal presence as set forth in OAR 735-062-0015, a driver license with an expiration date as described in ORS 807.130(1) or (2).

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.021, 807.040, 807.050, 807.060, 807.120, 809.310 & 807.050

Stats. Implemented: ORS 807.021, 807.040, 807.060, 807.066 & 807.130

Hist.: MV 14-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0000; MV 6-1990, f. & cert. ef. 4-2-90; MV 14-1992, f. & cert. ef. 10-16-92; MV 16-1992, f. & cert. ef. 12-16-92; DMV 12-2000, f. & cert. ef. 9-21-00; DMV 3-2003, f. & cert. ef. 4-21-03; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 27-2005, f. 12-14-05 cert. ef. 1-1-06; DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08; Renumbered from 735-062-0000, DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 19-2013, f. 12-20-13, cert. ef. 1-1-14

735-062-0010

Identification Cards

(1) Pursuant to ORS 807.400 and as provided in this rule, DMV will issue an identification card to a person who does not have a valid driver license.

(2) A person applying for an identification card must:

(a) Satisfy all identification card requirements set forth in ORS 807.400 and 807.410, except as described under section (7) of this rule;

(b) Provide a verifiable SSN or proof that the person is not eligible for a SSN as provided in OAR 735-062-0005;

(c) Provide proof of legal presence as provided in OAR 735-062-0015;

(d) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016.

(e) Provide proof of the person’s identity and date of birth as provided in OAR 735-062-0020; and

(f) Provide proof of the person’s residence address as provided in OAR 735-016-0070 and 735-062-0030.

(3) Identification cards issued to persons for whom DMV has created an Oregon driving record will reflect the same number as that on the existing record.

(4) An applicant in possession of a driver license issued by another jurisdiction must surrender that license to DMV before an identification card will be issued. The person must provide a statement to DMV if the person’s license is lost, destroyed or the person no longer has the license in his or her possession, and must agree that the license will be surrendered to DMV if found.

(5) Applicants for an identification card must personally apply at a DMV office to receive an identification card.

(6) All identification cards must include a photograph of the cardholder.

(7) DMV will waive the fee requirements set forth in ORS 807.410 for those persons applying for an identification card when:

(a) The person voluntarily surrenders an Oregon license or driver permit to DMV based upon the person’s recognition that the person is no longer competent to drive; or

(b) The person’s driving privileges are suspended under ORS 809.419(1) and the person voluntarily surrenders the person’s license or driver permit to DMV.

(8) An identification card issue to a person with a February 29 birth date expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On March 1 if the expiration year is not a leap year.

(9) After determining that an applicant has met all requirements under this rule, DMV will issue the identification card and mail it to the address provided by the applicant at the time of application.

(10) After determining that an applicant has met all requirements under this rule and has provided proof of legal presence in the United States on a temporary basis, as described in OAR 735-062-0015(4), DMV will issue a limited term identification card and mail it to the address provided by the applicant at the time of the application. The expiration date of a limited term driver license or limited term driver permit is as described in ORS 807.130(3).

(11) DMV will issue a person who is a citizen of a country with a Compact of Free Association with the United States and who provides proof of legal presence as specified in OAR 735-062-0015 an identification card with an expiration date as described in ORS 807.400(8).

(12) DMV may renew an identification card as provided in OAR 735-062-0090 or may do so using a previous photograph only as provided 735-062-0125.

(13) DMV may replace an identification card as provided in OAR 735-062-0110 or may do so using a previous photograph only as provided 735-062-0125.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.021, 807.040, 807.050 & 807.400

Stats. Implemented: ORS 807.021, 807.022 807.130 & 807.400

Hist.: MV 14-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0003; MV 19-1990, f. 12-17-90, cert. ef. 1-1-91; DMV 12-2000, f. & cert. ef. 9-21-00; DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02; DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07; DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 12-2013, f. & cert. ef. 9-24-13; DMV 19-2013, f. 12-20-13, cert. ef. 1-1-14


Rule Caption: Establishes Method of Notification of Certain Information to Oregon Department of Veterans’ Affairs

Adm. Order No.: DMV 20-2013

Filed with Sec. of State: 12-20-2013

Certified to be Effective: 12-20-13

Notice Publication Date: 11-1-2013

Rules Adopted: 735-010-0250, 735-018-0130

Rules Amended: 735-018-0010

Subject: This rulemaking implements legislation enacted by the 2013 Legislative Assembly. Chapter 647, Oregon Laws 2013 requires:

   1. The Director of Transportation (DMV) to notify the Director of Veterans’ Affairs (ODVA), at least once a month, of the receipt of a written authorization from a member or veteran of a uniformed service to provide their name and address to ODVA. Written authorization may only be obtained in conjunction with an application for driving privileges, identification card, vehicle title or vehicle registration.

   2. DMV to adopt administrative rules in consultation with ODVA to implement the provisions of the Act.

   In consultation with ODVA, DMV has adopted OAR 735-010-0250 to define terms and to specify procedures and requirements regarding the method of providing notification to ODVA as required under Chapter 647, Oregon Laws 2013.

   In addition, DMV amended OAR 735-018-0010 and adopted OAR 735-018-0130 to specify that DMV may accept authorizations submitted to DMV by means of an electronic transaction through DMV’s website. This includes an authorization to provide name and address information to the Director of Veterans’ Affairs.

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

735-010-0250

Notification of Name and Address to the Director of Veterans’ Affairs

(1) This rule specifies the procedures and the method for the Director of Transportation to notify the Director of Veterans’ Affairs of the name and residence or mailing address of a member or veteran of a uniformed service, as authorized under Chapter 647, Oregon Laws 2013.

(2) The following definitions apply:

(a) “Authorization” means a written consent form signed by a Member or Veteran allowing DMV to provide the name and residence address or mailing address of the Member or Veteran to ODVA. An Authorization includes an electronic transaction as described in OAR 735-018-0130.

(b) “DMV” as used in Chapter 647, Oregon Laws 2013 and this rule means the Director of Transportation, the Department of Transportation, and the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(c) “ODVA” as used in Chapter 647, Oregon Laws 2013 and this rule means the Director of Veterans’ Affairs and the Oregon Department of Veterans’ Affairs.

(d) “Member or Veteran” means a member or veteran of a “Uniformed Service” as that term is defined in Chapter 647, Oregon Laws 2013.

(3) In conjunction with any application for driving privileges, identification card, vehicle title or vehicle registration, DMV will provide a written Authorization that may only be completed by an applicant who is a Member or Veteran of a uniformed service. DMV will not verify whether a person who has completed an Authorization is a Member or Veteran of a Uniformed Service.

(4) Upon receipt of an Authorization as described in section (2)(a) of this rule, DMV will enter the person’s name and residence address or mailing address into an electronic file.

(5) No later than the 5th day of each month, the electronic file described in section (4) of this rule will be transmitted electronically to ODVA using a secure file transfer protocol.

Statutory Auth.: ORS 184.616, 184.612, 802.010, 802.179, Ch. 647 OL 2013

Stats. Implemented: Ch. 647 OL 2013

Hist.: DMV 20-2013, f. & cert. ef. 12-20-13

735-018-0010

Definitions

For purposes of OAR chapter 735, division 18:

(1) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(2) “Electronic record” means a record created, generated, sent, communicated, received or stored by electronic means.

(3) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person or organization with the intent to sign the record.

(4) “Electronic transaction” means the exchange of an electronic record and, in those transactions where an ink on paper signature would also be required under Oregon law, an electronic signature, between a person or organization and DMV for the purposes of:

(a) Facilitating access to public records or public information;

(b) Purchasing or selling goods or services;

(c) Transferring funds;

(d) Facilitating the submission of an electronic record or electronic signature required or accepted by DMV; or

(e) Creating records upon which DMV or another person or organization will reasonably rely upon, including but not limited to formal communications, notices, certifications, authorizations and any other record that is issued under a signature.

(f) This section does not apply to informational publications and informal communications.

(5) “Hardcopy” means a document printed on paper.

(6) “Hyperlink” means a connection from one Webpage to another using a HyperText Markup Language (HTML) command.

(7) “Organization” means corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. “Organization” does not include an individual.

(8) “Person” means an individual.

(9) “Personal Information” means the following information that identifies the individual: driver license, driver permit or identification card number; name; address (excluding five-digit ZIP code); and telephone number.

(10) “PIN” means a personal identification number assigned by DMV to a person or organization to establish a secure means of authenticating the identity of a person or organization when conducting certain specified electronic transactions with DMV.

(11) “PIN transaction” means an electronic transaction that requires the use of a PIN assigned by DMV.

(12) “Record” means a document or information that is customarily printed on paper, which contains information relating to and evidencing the transaction of business between a person or an organization and DMV.

(13) “Unique identifier” means a number, name, symbol or other identifier used singly or in combination by DMV to uniquely identify a person, organization or vehicle to DMV. For example, a driver license number, customer identification number, date of birth, place of birth, mother’s maiden name, vehicle license plate number, vehicle identification number, etc.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.012, 803.460, Ch. 647 OL 2013

Stats. Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420, 807.560, Ch. 647 OL 2013

Hist.: DMV 4-2003, f. & cert. ef. 5-14-03; DMV 20-2013, f. & cert. ef. 12-20-13

735-018-0130

Authorization to Provide Name and Address to the Director of Veterans’ Affairs

An Authorization to provide the name and address of a Member or Veteran of a Uniformed Service to the Director of Veterans’ Affairs as described in OAR 735-010-0250 may be submitted to DMV by means of an electronic transaction through DMV’s website.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.012, 803.460, Ch. 647 OL 2013

Stats. Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420, 807.560, Ch. 647 OL 2013

Hist.: DMV 20-2013, f. & cert. ef. 12-20-13


Rule Caption: Ignition Interlock Device; Medical Exemption from Requirement and When Required With Hardship Permit

Adm. Order No.: DMV 21-2013

Filed with Sec. of State: 12-20-2013

Certified to be Effective: 1-1-14

Notice Publication Date: 11-1-2013

Rules Adopted: 735-070-0082

Rules Amended: 735-064-0070

Subject: Chapter 315, Oregon Laws 2013 (House Bill 2116) amends ORS 813.602 to allow a court to exempt a person from the condition in a diversion agreement to install and use an ignition interlock device (IID) if the court determines that the person meets the requirements for a medical exemption in accordance with rules adopted by the department. HB 2116 prompted DMV to review and amend OAR 735-064-0070 by deleting the sections concerning the process for obtaining an IID medical exemption and to clarify current requirements related to issuance of a hardship, probationary and hardship/probationary permit when the person must have an IID. DMV also adopted a new rule, OAR 735-070-0082, to clarify in more detail the process for obtaining an IID medical exemption, which includes implementation of HB 2116. OAR 735-070-0082 clarifies DMV’s procedure for applying for an IID exemption, including submission of a form completed by the applicant and the applicant’s physician or health care provider, and clarifying the criteria for determining if the person qualifies for an IID medical exemption. It also differentiates between a DMV issued IID medical exemption and one issued by the court.

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

735-064-0070

Ignition Interlock Device (IID) Requirement for Issuance of Hardship, Probationary or Hardship/Probationary Permits

(1) When a person whose driving privileges are suspended or revoked applies for a hardship, probationary or hardship/probationary permit, DMV will require the applicant to install an ignition interlock device (IID) in any vehicle operated by the applicant if the applicant’s driving record shows any of the following:

(a) The applicant’s driving privileges are currently suspended based on a conviction for DUII in an Oregon court;

(b) The applicant is currently participating in a DUII Diversion Agreement and the court ordered an IID as a condition of the agreement; or

(c) The applicant’s driving privileges are revoked as a habitual offender and the applicant is also required to install an IID:

(A) As a condition of a DUII Diversion Agreement;

(B) During the suspension period for a conviction for DUII entered in an Oregon court; or

(C) Following the end of a suspension or revocation of driving privileges for DUII or any crime described in ORS 813.602(1) or (2).

(2) As a condition of a hardship, probationary or hardship/probationary permit, the IID must be installed, maintained and used in any vehicle the person operates for the duration of the person’s IID requirement. The IID requirement may exceed the period the person’s hardship, probationary or hardship/probationary permit is valid.

(3) When installation of an IID is required, DMV will not issue a hardship, probationary or hardship/probationary permit to the person until a provider submits an installation report form showing an approved device has been installed in each vehicle the person intends to operate during the permit period. The provider who installed the device(s) must sign the installation report form.

(4) Notwithstanding section (1) of this rule, DMV may issue a hardship, probationary or a hardship/probationary permit to a person who has not installed an IID if the person will only operate a vehicle(s) owned or leased by his or her employer during the course and scope of the person’s employment. For purposes of ORS 813.606, DMV will place a notation on the driving record and on the hardship, probationary or hardship/probationary permit issued to the person that the person’s employer has been informed of the IID requirement. To qualify, DMV must receive:

(a) A letter on business letterhead, signed by the employer, stating that the employer has been informed of the IID requirement and that the person is required to operate the employer’s vehicle(s) in the course and scope of employment; or

(b) An Employer IID Exemption, (DMV form 735-6874) submitted by the employer.

(5) For purposes of ORS 813.606, a person who is self-employed is not an employee and DMV will not place an employer IID notification notation on the person’s driving record.

(6) Notwithstanding section (1) of this rule, DMV may issue a hardship, probationary or hardship/probationary permit to a person who has not installed an IID if the person has been issued a medical exemption under OAR 735-070-0082.

(7) The hardship, probationary or hardship/probationary permit will contain a restriction that the person may only operate vehicles equipped with an IID. If the person operates a vehicle owned or leased by the person’s employer in the course and scope of employment or has been issued a medical exemption, the hardship, probationary or hardship/probationary permit driving restrictions will state that the person must have in his or her possession a copy of the employer’s IID exemption letter, a completed DMV Employer IID Exemption Form, an IID medical exemption letter issued by DMV, or an IID medical exemption approval issued by a court.

(8) The IID restriction in a hardship, probationary, or hardship/probationary permit will specify the length of time allowed for the person to travel to and from an IID provider’s facility to have the IID checked or maintained.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.240, 807.270 & 813.602

Stats. Implemented: ORS 807.240, 807.270 & 813.602

Hist.: MV 40-1987, f. 12-11-87, ef. 1-1-88; Administrative Renumbering 3-1988, Renumbered from 735-031-0107; MV 18-1989(Temp), f. 8-31-89, cert. ef. 9-5-89; MV 2-1990, f. & cert. ef. 2-1-90; MV 4-1991, f. 6-18-91, cert. ef. 7-1-91; DMV 5-1994, f. & cert. ef. 7-21-94; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 15-2001, f. & cert. ef. 9-21-01; DMV 12-2007, f. 11-30-07, cert. ef. 1-1-08; DMV 21-2013, f. 12-20-13, cert. ef. 1-1-14

735-070-0082

Medical Exemption from IID Requirement

(1) A person may qualify for a medical exemption from the ignition interlock device (IID) requirement under ORS 813.602(1) and (2) if the person provides satisfactory evidence to DMV that due to a medical condition or impairment the person is unable to operate an IID or unable to safely operate a motor vehicle equipped with an IID. (2) The following definitions apply:

(a) A “health care provider” is a person licensed, certified or otherwise authorized or permitted by law to administer health care in the State of Oregon. For purposes of these rules, the term health care provider is limited to: a chiropractic physician, nurse practitioner, and physician assistant.

(b) A “primary care provider” is a physician or health care provider who is responsible for supervising, coordinating and providing a person’s initial and ongoing health care.

(c) “Unable to safely operate a motor vehicle equipped with an IID” means the person’s medical condition or functional impairment prevents the person from safely operating a motor vehicle when requested to perform an IID rolling retest while operating a motor vehicle equipped with an IID.

(2) To apply for a medical exemption a person must submit a completed IID Medical Exemption form (DMV form 735-6941). The form must be completed by both the person and the person’s primary care provider or the physician or health care provider providing specialized treatment to the person for the particular medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.

(3) The person must fully complete the information in Section 1 of the IID Medical Exemption form, including:

(a) The reason(s) the person is required to install an IID; and

(b) An explanation of why the person believes he or she has a medical condition or functional impairment that prevents the operation of an IID or prevents safe operation of a vehicle equipped with an IID.

(4) Section 2 of the IID Medical Exemption form must be completed by the person’s primary care provider, or a physician or health care provider providing specialized treatment to the person for a medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID. The physician or health care provider must determine that in his or her professional opinion the person is unable to operate an IID or is unable to safely operate a vehicle equipped with an IID because of the person’s medical condition or functional impairment, including but not limited to a determination that:

(a) The person has a medical condition or functional impairment that does not allow the person to provide the necessary alveolar air or deep lung air sample to properly operate the device; or

(b) The person consistently has a ketone level in his or her breath which creates a false positive reading of over .025 blood alcohol concentration even though the person has had no alcohol.

(5) If the determination of the physician or health care provider described in section (4) of this rule is not based on subsection (a) or (b), the physician or health care provider must provide a detailed description of why the medical condition or functional impairment prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.

(6) In completing Section 2 of the IID Medical Exemption form, the physician or health care provider must:

(a) Specify the medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a vehicle equipped with an IID;

(b) State whether the medical condition or functional impairment is permanent or temporary, and if temporary, the projected length of time; and

(c) Specify why the medical condition or functional impairment prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.

(7) From the information provided on the IID Medical Exemption form, DMV will determine if the person qualifies for a medical exemption. If DMV determines from the information on the form that the person qualifies, DMV will issue a medical exemption. If DMV is unable to determine from the information provided that the person qualifies, DMV will deny the medical exemption.

(8) If the person’s medical condition or functional impairment is temporary, DMV will issue a temporary IID medical exemption that expires on the date specified in Section 2 of the IID Medical Exemption form, or a date six months from the date of issuance if no date is provided. If the temporary condition or functional impairment continues beyond the expiration date of the temporary IID medical exemption, the person may submit a signed statement from the physician or health care provider who completed the Request for IID Medical Exemption form describing the person’s continuing need for a medical exemption, or the person may submit a new application as set forth in sections (2) through (4) of this rule. From the information submitted DMV will determine if the person continues to qualify for a temporary IID medical exemption.

(9) Before granting or denying an IID medical exemption, DMV may require the person to provide additional information from a physician or health care provider or to obtain a statement from an IID provider that the device cannot be adjusted to accommodate the person’s medical condition or functional impairment.

(10) A person who is granted an IID medical exemption by DMV will be issued a medical exemption letter. The person must carry the IID medical exemption letter issued by DMV when driving.

(11) A person who must install and use an IID as a condition of a DUII diversion agreement must obtain an IID medical exemption from the court. The person must submit a completed IID Medical Exemption form directly to the court that approved the DUII diversion agreement. The court must approve or deny the IID medical exemption request. DMV will not forward an IID Medical Exemption form to a court if it is submitted to DMV in error.

(12) A person may need both an IID medical exemption letter issued by DMV and an IID medical exemption approval issued by a court. An IID medical exemption letter issued by DMV is not valid if the person is required to install an IID as a condition of a DUII diversion. A medical exemption issued by a court is not valid if the requirement to install and use an IID is required for any reason other than a DUII diversion agreement. Both an IID medical exemption letter issued by DMV and IID medical exemption approval issued by a court must be carried by the person when driving.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 813.602

Stats. Implemented: ORS 813.602

Hist.: DMV 21-2013, f. 12-20-13, cert. ef. 1-1-14


Rule Caption: Drug and Alcohol Test; Report of Positive Result, Entry to Employment Driving Record, Hearing Request

Adm. Order No.: DMV 22-2013

Filed with Sec. of State: 12-20-2013

Certified to be Effective: 1-1-14

Notice Publication Date: 11-1-2013

Rules Amended: 735-070-0185, 735-070-0190

Subject: Under Oregon Law 2013, Chapter 163 (SB 193) a school transportation provider must have an in-house drug and alcohol testing program, or be a member of a consortium that provides drug and alcohol testing that meets federal standards. A medical review officer of a school transportation provider’s testing program must report a positive drug or alcohol test to DMV. DMV will notify a person who is the subject of such a report that he or she has the right to request a hearing. If the person does not request a hearing or if the hearing results in a finding that the test report was valid, the positive test will be noted on the person’s employment driving record. DMV had existing rules that outline the reporting requirements and the process for requesting a hearing for motor carrier drug and alcohol programs. DMV will use the same process for school transportation provider reports and requests for hearing, and amended OAR 735-070-0185 and 735-070-0190 to include Chapter 163, Oregon Laws 2013 in the existing rules.

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

735-070-0185

Report of Positive Drug Test Result from Medical Review Officer

(1) The report submitted by a medical review officer under ORS 825.410 or Chapter 163, Oregon Laws 2013 must include a Report of Positive Drug Test Under ORS 825.410 or Chapter 163, Oregon Laws 2013 (DMV form 735-7200) and:

(a) A legible copy of a completed Federal Custody and Control Form, Copy 2 — Medical Review Officer Copy; or

(b) Either an original or legible copy of a document that contains, at a minimum, the following information:

(A) Full name of the person tested;

(B) Specimen ID number;

(C) Place of Specimen Collection;

(D) Date of Specimen Collection;

(E) Collector’s name;

(F) Whether a split specimen was collected;

(G) The person tested certified by signature that: he or she provided an unadulterated specimen to the collector; the specimen bottle was sealed with a tamper evident seal in the person’s presence; and the information on the label affixed to the specimen bottle was correct;

(H) The date the Medical Review Officer verified the test result; and

(I) Signature of the Medical Review Officer.

(2) The Department of Transportation will not send notice as required by ORS 825.412 or Chapter 163, Oregon Laws 2013 until a report as described in section (1) of this rule is received by the agency.

Stat. Auth.: ORS 184.616, 184.619 & 802.010

Stats. Implemented: ORS 825.410, 825.412, Ch. 163 OL 2013

Hist.: DMV 8-2001, f. & cert. ef. 3-7-01; DMV 5-2002(Temp), f. & cert. ef. 3-14-02 thru 9-9-02; DMV 9-2002, f. & cert. ef. 5-16-02; DMV 4-2005(Temp), f. 2-16-05, cert. ef. 2-17-05 thru 8-15-05; DMV 17-2005, f. & cert. ef. 7-22-05; DMV 22-2013, f. 12-20-13, cert. ef. 1-1-14

735-070-0190

Hearing Request for Entry of Positive Drug Test Result on Employment Driving Record

When the Department of Transportation (ODOT) receives a report described in OAR 735-070-0185, ODOT will notify the person who is the subject of the report that the person has a right to request a hearing to determine whether a positive drug test result will be placed on the person’s employment driving record.

(1) A hearing request must be in writing and must:

(a) Include the person’s full name;

(b) Include the person’s complete mailing address;

(c) Include the person’s Oregon driver license number;

(d) Include a brief statement of the issues the person proposes to raise at the hearing. The issues are limited to those set forth in ORS 825.412(3) or Chapter 163, Oregon Laws 2013;

(e) Be postmarked within 30 days of the date of the notice. If the hearing request is not postmarked or a postmark date cannot be determined, it must be received by the Driver and Motor Vehicle Services Division of ODOT (DMV) within 30 days of the date of the notice; and

(f) Be mailed or personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR 97314, or if sent by facsimile machine (FAX), received by DMV at FAX number (503) 945-5521.

(2) A hearing request should also include:

(a) The person’s date of birth;

(b) The telephone number where the person can be reached between 8 a.m. and 5 p.m.; and

(c) The dates and times the person or the person’s attorney cannot appear at a hearing.

(3) Except for good cause shown:

(a) Any factual or legal defense not set forth in the hearing request is considered waived; and

(b) No evidence offered by a person who requests a hearing will be admitted into the hearing record on any factual or legal defense that is waived.

(4) If good cause is shown under section (3) of this rule, the administrative law judge must give ODOT sufficient opportunity to obtain and present in the contested case hearing any testimony or documents deemed necessary by the agency to respond to evidence offered by the person on any factual or legal defense.

(5) Except as provided in OAR 137-003-0528, the person’s right to a hearing is waived if a hearing is not requested within the time period specified in section (1) of this rule and the notice becomes the final order by default. The test results will be posted to the person’s employment driving record. The time period for requesting a hearing will be computed as set forth in OAR 137-003-0520(10).

Stat. Auth.: ORS 184.616, 184.619 & 802.010

Stats. Implemented: ORS 825.410, 825.412, Ch. 163 OL 2013

Hist.: DMV 11-2000(Temp), f. 9-21-00, cert. ef. 9-21-00 thru 3-19-01; DMV 8-2001, f. & cert. ef 3-7-01; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 14-2007, f. & cert. ef. 12-24-07; DMV 22-2013, f. 12-20-13, cert. ef. 1-1-14


Rule Caption: Driver Improvement Offenses

Adm. Order No.: DMV 23-2013

Filed with Sec. of State: 12-20-2013

Certified to be Effective: 1-1-14

Notice Publication Date: 11-1-2013

Rules Amended: 735-072-0035

Subject: ORS 809.480 authorizes the Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV) to establish by administrative rule a Driver Improvement Program with the goal of reducing traffic convictions and especially accidents. The Driver Improvement Program uses two specific lists of traffic offenses under separate rules to determine whether a person meets the criteria for a restriction or suspension of driving privileges. OAR 735-072-0035 lists those traffic offenses, and requires five convictions to count as one driver improvement violation.

   Chapter 361, Oregon Laws 2013 (Senate Bill 444) creates a new traffic offense to add to OAR 735-072-0035. The offense is smoking in a motor vehicle while a person under 18 years of age is in the motor vehicle. This rule amendment adds this offense to the list of offenses in OAR 735-072-0035.

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

735-072-0035

Driver Improvement Offenses

(1) The conviction for an offense listed below counts toward both the Provisional and Adult Driver Improvement Programs. It takes five convictions from the following list to equal one driver improvement violation. All other convictions counting in the Driver Improvement Programs are outlined in OAR 735-064-0220.

(2) Offenses from other states are posted to driver records using an AAMVAnet Code Dictionary (ACD) code. This section identifies the code that appears on the driver record, a description of the offense and the ORS or administrative rule reference to the equivalent offense(s) in Oregon. The offenses listed below also count towards both the Provisional and Adult Driver Improvement Programs as described in section (1) of this rule.

(3) The following ACD codes are obsolete but convictions reported under these codes may still count as a conviction for an offense for both the Provisional and Adult Driver Improvement Programs as described in section (1) of this rule if DMV received notice from another state of a conviction using the following codes:

[ED. NOTE: Lists referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 809.480

Stats. Implemented: ORS 809.480

Hist.: DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02; DMV 19-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 28-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 18-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 23-2013, f. 12-20-13, cert. ef. 1-1-14


Rule Caption: Implements 2013 Legislation; Amends Rules Relating to Vehicle Dealers and Vehicle Dismantlers

Adm. Order No.: DMV 24-2013

Filed with Sec. of State: 12-20-2013

Certified to be Effective: 1-1-14

Notice Publication Date: 11-1-2013

Rules Amended: 735-150-0045, 735-150-0105, 735-152-0037

Subject: This rulemaking implements legislation enacted by the 2013 Legislative Assembly. Chapter 372, Oregon Laws 2013:

   Section 1 of the Act repeals DMV’s authority under ORS 822.084 to establish (by rule) a fee schedule for a recreational vehicle (RV) show license.

   Section 2 amends ORS 822.700 in part to establish-for a certified vehicle dealer and certified dismantler — a late payment charge for the late renewal of: 1) a certificate; 2) a duplicate certificate; 3) or issuance of a certificate for a supplemental business location.

   Consequently, DMV amended the following rules:

   1. OAR 735-150-0045(6) to remove reference to the RV show license fee. The fee is now established under ORS 822.700.

   2. OAR 735-150-0105 and 735-152-0037 to remove reference to the fees for the late renewal of a vehicle dealer certificate and the late renewal of dismantler certificate. Those fees are now established under ORS 822.700.

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

735-150-0045

Special Rules Concerning Recreational Vehicle Dealers

(1) The purpose of this rule is to:

(a) Establish a process for issuing recreational vehicle (RV) show licenses and establish a fee for RV show licenses; and

(b) Clarify ORS 822.025(9) concerning maintenance of a service facility by RV dealers.

(2) Nothing in this rule is intended to limit or conflict with any other rule or law governing RV dealers.

(3) Definitions. As used in this rule and ORS 822.082 through 822.084:

(a) “Primary purpose” means that at least 51% of the RV service facility’s income-producing activity is derived from the service and repair of recreational vehicles, as shown by gross service receipts;

(b) “Prominently display” means clearly and conspicuously posted in plain view in the area most frequently visited by the public and legible at a distance of six feet or more. For example, the main entrance of an RV show or the main lobby of an RV dealer;

(c) “Recreational vehicle service facility” means a permanent facility listed on the vehicle dealer’s certificate and having the primary purpose of servicing and repairing RVs;

(d) “RV” means a recreational vehicle, as defined in ORS 446.003(37); and

(e) “Show license” means a license issued by DMV pursuant to ORS 822.084.

(4) Application for show license. The show organizer must submit an application for a show license to DMV, Business Regulation Section, no sooner than 60 days before the first day of the proposed show, and not later than 30 days before the first day of the proposed show. The show license application must be on a form provided by DMV and must include the following:

(a) The name, address and telephone number of the show organizer;

(b) The total number of days of the show, the date(s), location and times of the show;

(c) The date of the application for the show license;

(d) For each dealer displaying at the show the following information as listed in the dealer’s main location application:

(A) The name under which the business is conducted;

(B) The street address, city and county of the dealer;

(C) The dealer number; and

(D) The expiration date of the dealer certification.

(e) That the show will include two or more recreational vehicle dealers, one of whose place of business as listed in the dealer’s main location application is located more than 50 miles from the site of the show and the number of dealers participating in the RV show;

(f) Whether or not the public will be charged an admission fee;

(g) A show license application may be amended to add or delete show participants, or to correct information if submitted to DMV Business Regulation Section no later than 30 days before the date of a prospective show. In the event a participant printed on a show license is unable to attend or withdraws from the show after the 30th day, the organizer must mark a line on the approved show license using black ink through the name of that participant.

(5) Issuance and Display of License. DMV will issue a show license to the organizer, authorizing the listed dealers to participate in the RV show if the application is complete, the fee established under ORS 822.700 is paid and all other requirements are met. The show license must be conspicuously posted at the main entrance to the RV show for each day of the show and must be available for inspection by DMV.

(6) Service Facility. Vehicle dealers that sell new RVs must maintain, within Oregon, a recreational vehicle service facility that has the primary purpose of servicing and repairing recreational vehicles. The location of the recreational vehicle service facility must be prominently displayed at the RV dealer’s sales site. In order to meet the requirement that the vehicle dealer “maintain” a recreational vehicle service facility, the dealer must own or lease the service facility and directly conduct the servicing and repair operation, without subcontracting.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.035, 822.040, 822.084 & 2013 OL Ch. 372

Stats. Implemented: ORS 184.616, 184.619, 802.010, 822.035, 822.040, 822.084 & 2013 OL Ch. 372

Hist.: DMV 26-2001 f. 12-14-01, cert. ef. 1-1-02; DMV 20-2004, f. & cert. ef. 8-20-04; DMV 24-2013, f. 12-20-13, cert. ef. 1-1-14

735-150-0105

Late Renewal of Dealer Certificate

(1) An application to renew a dealer certificate will not be considered late if the dealer submits an application for renewal within 15 days of the date that the previous certificate expired, and the application is submitted with all applicable fees and a surety bond in effect during that 15-day period.

(2) An application to renew a dealer certificate is late, and subject to the late payment charge under ORS 822.700(6), if the dealer submits:

(a) An application not later than 45 days after the previous certificate expired and the application is submitted with all applicable fees; and

(b) A surety bond in effect during that 45-day period.

(3) A dealer who continues business operations 45 days after their certificate has expired is in violation of ORS 822.005 and is subject to civil penalties under OAR 735-150-0170.

(4) Except for the late payment fee under ORS 822.700, DMV may waive or reduce a penalty described under this rule if the dealer provides DMV with written documentation that shows mitigating circumstances prevented the dealer from renewing their certificate on time. Mitigating circumstances DMV may consider include:

(a) The dealer took action to renew the certificate on a date reasonably calculated to complete the process in a timely manner; and

(b) The delay in renewal was due to circumstances beyond the dealer’s ability to control.

Stat. Auth.: ORS 183.430, 802.010, 802.370, 803.600, 803.625, 821.060, 821.080, 822.005 - 822.080 & 2013 OL Ch. 372

Stats. Implemented: ORS 822.040 & 2013 OL Ch. 372

Hist.: MV 19-1992, f. 12-23-92, cert. ef. 1-1-93; DMV 20-2004, f. & cert. ef. 8-20-04; DMV 24-2013, f. 12-20-13, cert. ef. 1-1-14

735-152-0037

Late Renewal of Dismantler Certificate

(1) An application to renew a dismantler certificate will not be considered late if the dismantler submits an application for renewal within 15 days of the date that the previous certificate expired, and the application is submitted with all applicable fees and a surety bond in effect during that 15-day period.

(2) An application to renew a dismantler certificate is late, and subject to the late payment charge under ORS 822.700(3), if the dismantler submits:

(a) An application for renewal no later than 45 days after the previous certificate expired, and the application is submitted with all applicable fees; and

(b) A surety bond in effect during that 45-day period.

(3) A dismantler who continues business operations 45 days after their certificate has expired is in violation of ORS 822.100 and is subject to civil penalties under OAR 735-152-0060.

(4) Except for the late payment fee under ORS 822.700, DMV may waive or reduce a penalty described under this rule if the dismantler provides DMV with written documentation that shows mitigating circumstances prevented the dismantler from renewing their certificate on time. Mitigating circumstances DMV may consider include:

(a) The dismantler took action to renew the certificate on a date reasonably calculated to complete the process in a timely manner; and

(b) The delay in renewal was due to circumstances beyond the dismantler’s ability to control.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.100–822.150 & 2013 OL Ch. 372

Stats. Implemented: ORS 822.100–822.150 & 2013 OL Ch. 372

Hist.: DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV 24-2013, f. 12-20-13, cert. ef. 1-1-14

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

© 2013 State of Oregon All Rights Reserved​