Department of Transportation,
Driver and Motor Vehicle Services Division Chapter 735
Caption: Driver Improvement Programs.
Order No.: DMV 2-2011
Filed with Sec. of
Certified to be
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
Driver Improvement Program
The following definitions apply to rules for both
Driver Improvement Programs:
(1) “Adult Driver” is a driver 18 years of age or
(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
(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
(b) Five convictions for an offense listed in OAR
(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
(b) Failure to use defensive driving techniques;
(c) Road conditions existing at the time of the
(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.
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
Rights to a Hearing or
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
(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
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.