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Oregon Bulletin

April 1, 2011

 

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

Rule Caption: Driver Improvement Programs.

Adm. Order No.: DMV 2-2011

Filed with Sec. of State: 3-2-2011

Certified to be Effective: 3-2-11

Notice Publication Date: 12-1-2010

Rules Amended: 735-072-0020, 735-072-0050

Subject: DMV amended OAR 735-072-0020 to state that if multiple convictions or a preventable accident and conviction(s) stem from the same incident that only one will be counted as a driver improvement violation. DMV anticipates the change will result in more people receiving a license restriction before receiving a suspension of driving privileges, which is how the program is designed to work. DMV believes that this change will result in better Driver Improvement Programs, resulting in suspension of driving privileges for those who truly show a pattern of bad driving behavior.

      DMV amended OAR 735-072-0050 to make it a defense to a driver improvement suspension if the suspension results solely from convictions that occurred while the person was licensed in another jurisdiction and the person has not previously been issued driving privileges in Oregon. The purpose of the driver improvement program is to improve the driving behavior of drivers in this state. A driver who has not had notice of Oregon’s laws, specifically the driver improvement program, should not be subject to a suspension sanction for conduct that occurred before becoming an Oregon driver.

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

735-072-0020

Driver Improvement Program Definitions

The following definitions apply to rules for both Driver Improvement Programs:

(1) “Adult Driver” is a driver 18 years of age or older.

(2) “Combination” means one or more driver improvement violations and one or more preventable accidents. For purposes of these rules, a driver improvement violation and a preventable accident arising from a single incident is not a combination.

(3) “Conviction” means a determination of guilt by a court of law upon a plea, verdict, finding, or unvacated bail forfeiture. For purposes of section (6) of this rule if a person is convicted of more than one offense arising from a single traffic stop or preventable accident, the convictions for separate offenses constitute one conviction and are a driver improvement violation if at least one of the convictions is for an offense listed in OAR 735-064-0220.

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

(5) “Driver Improvement Course” means a traffic safety, defensive driving, traffic violator, or similar program or course of instruction approved by DMV.

(6) “Driver Improvement Violation” means:

(a) One conviction for an offense listed in OAR 735-064-0220; or

(b) Five convictions for an offense listed in OAR 735-072-0035.

(7) “License” has the meaning specified in ORS 801.245.

(8) “Preventable Accident” is a traffic accident reported by a police officer that indicates a driver failed to do everything a driver reasonably could have done to prevent the accident. Factors used to determine preventability include but are not limited to:

(a) Violations of the law even if a citation is not issued;

(b) Failure to use defensive driving techniques;

(c) Road conditions existing at the time of the accident; or

(d) Speed of the driver’s vehicle.

(9) “Provisional Driver” means a driver who has reached 14 years of age but has not yet reached 18 years of age.

(10) “Record Review Date” means:

(a) The date DMV records a driver improvement violation or preventable accident to a person’s driving record; or

(b) The date DMV grants driving privileges or fully reinstates the driving privileges following a suspension or revocation.

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

Stats. Implemented: ORS 809.480

Hist.: MV 24-1985, f. 12-31-85, ef. 1-1-86; MV 23-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0310; DMV 10-1994, f. 9-30-94, cert. ef. 10-1-94; 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 2-2011, f. & cert. ef. 3-2-11

735-072-0050

Rights to a Hearing or Administrative Review

Hearing and administrative review procedures for suspensions under OAR 735-072-0023 and 735-072-0027 are as established by ORS 809.440(1), (2) and (5).

(1) A person whose suspension is based solely on conviction records received from a court is entitled to an administrative review.

(2) A person whose suspension is based, in any part, on a report of a preventable accident is entitled to a contested case hearing.

(3) It shall be a defense to a suspension under OAR 735-072-0023 and 735-072-0027 if the person can establish that all of the convictions on which the department’s suspension action is based occurred when the person had valid driving privileges issued by another jurisdiction.

Stat. Auth.: ORS 184.616, 184.619 & 809.480

Stats Implemented: ORS 809.480

Hist.: MV 24-1985, f. 12-31-85, ef. 1-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0325; MV 19-1991, f. & cert. ef. 9-18-91; 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 2-2011, f. & cert. ef. 3-2-11

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, 2010.

2.) Copyright 2011 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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