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Oregon Bulletin

May 1, 2011

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

  • Rule Caption: Adds definitions and clarifies requirements for the issuance trip permits.
  • Adm. Order No.: DMV 3-2011
  • Filed with Sec. of State: 3-16-2011
  • Certified to be Effective: 3-16-11
  • Notice Publication Date: 2-1-2011
  • Rules Amended: 735-034-0000, 735-034-0005, 735-034-0010, 735-154-0005
  • Subject: ORS 803.600 authorizes DMV to designate qualified persons to act as agents of DMV for purposes of issuing vehicle trip permits. Persons who wish to become trip permit agents must enter into an agreement with DMV and agree to abide by DMV’s trip permit rules. DMV has completed a new trip permit agent agreement for 2011–2016. The agreement authorizes qualified persons to issue trip permits during that period. In drafting the agreement, DMV identified the need to update certain rules pertaining to trip permits. These amendments add definitions and clarify requirements for trip permit agreements.
  • Rules Coordinator: Lauri Kunze—(503) 986-3171
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  • 735-034-0000
  • Definitions of Trip Permit Agents
  • As used in OAR 735-034-0000 to 735-034-0010 and any agreement entered into under OAR 735-034-0005:
  • (1) A “trip permit agent” or “agent” is a person authorized by Oregon law, administrative rule or designated by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) to issue trip permits on behalf of DMV.
  • (2) “Arrangements,” as used in ORS 803.600(5), means the process for designating trip permit agents pursuant to OAR 735-034-0005.
  • (3) A “General Trip Permit Agent” is an agent authorized to issue light vehicle trip permits, recreational vehicle trip permits, registration weight trip permits, registered vehicle trip permits, and heavy motor vehicle and heavy trailer trip permits.
  • (4) A “Heavy Vehicle Trip Permit Agent” is an agent authorized to issue heavy vehicle trip permits for their own vehicles or vehicles under their control.
  • (5) A “Restricted Trip Permit Agent” is an out-of-state dealer authorized as an agent to issue light vehicle trip permits to customers whose vehicles will be titled and registered in Oregon.
  • (6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation or any other legal or commercial entity.
  • Stat. Auth.: ORS 184.616, 184.619, 803.600 - 803.650 & 806.080
  • Stats. Implemented: ORS 803.600, 803.602, 803.605, 803.640
  • Hist.: MV 19-1986, f. & ef. 12-1-86; Administrative Renumbering 3-1988, Renumbered from 735-110-0050; MV 13-1991, f. 9-18-91, cert. ef. 9-29-91; DMV 9-1998, f. & cert. ef. 8-20-98; DMV 14-2001, f. & cert. ef. 8-13-01; DMV 3-2011, f. & cert. ef. 3-16-11
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  • 735-034-0005
  • Requirements for Designation as a Trip Permit Agent
  • (1) DMV may designate a person or business as a vehicle trip permit agent to issue vehicle trip permits to the public on behalf of DMV.
  • (2) A person wishing to be designated as a vehicle trip permit agent must enter into a vehicle trip permit agent agreement with DMV.
  • (3) A designated trip permit agent, vehicle dealer, towing business, or other person authorized by Oregon law to issue trip permits is subject to all Oregon statutes and DMV rules relevant to the issuance and sale of trip permits.
  • Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.600, 803.645, 806.080
  • Stats. Implemented: ORS 803.600, 803.602, 803.605, 803.640
  • Hist.: DMV 14-2001, f. & cert. ef. 8-13-01; DMV 3-2011, f. & cert. ef. 3-16-11
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  • 735-034-0010
  • Procedures for Issuance of Trip Permits
  • (1) This rule describes the procedures and requirements for vehicle trip permits issued under the authority of ORS 803.600. Vehicle trip permits may be issued by:
  • (a) A trip permit agent pursuant to ORS 803.600 and OAR 735-034-0005;
  • (b) A vehicle dealer pursuant to ORS 802.031 and OAR 735-150-0040, including a vehicle dealer who issues 10-day trip permits as described under ORS 803.600; or
  • (c) A towing business that issues 10-day trip permits as described under ORS 803.600.
  • (2) A person described under section (1) of this rule must comply with the following requirements for the issuance of trip permits:
  • (a) Unless otherwise authorized in writing by DMV, trip permits must be purchased from DMV prior to issuance.
  • (b) Each trip permit issued must be legibly completed with the following information:
  • (A) The name and address of the vehicle’s registered owner or the person applying for the trip permit. The name and address is recorded on the issuer’s copy and DMV’s copy of the permit;
  • (B) The driver license number of the vehicle’s registered owner or the person applying for the trip permit, if available. Nothing may be written on the purchaser’s (window) copy of the permit to identify the person to whom the permit was issued;
  • (C) A complete vehicle description, including the year, make, body style and vehicle identification number (VIN);
  • (D) The written signature of the person who issues the permit. This must include at least the person’s full first and last name;
  • (E) The identification number of the trip permit agent, if one has been assigned by DMV, or the certificate number of the dealer or towing business;
  • (F) The effective date and expiration date of the permit;
  • (G) For a registration weight trip permit, the registration weight of the vehicle.
  • (c) For a light vehicle trip permit, the person who issues the permit must require the applicant to sign a certification stating:
  • (A) The insurance company name and policy number; and
  • (B) The motor vehicle is covered by an insurance policy that meets the requirements of ORS 806.080, and that the vehicle will continue to be covered as long as the permit is valid.
  • (d) A vehicle dealer or towing business that issues a 10-day trip permit:
  • (A) Must ensure all Oregon registration stickers have been removed in accordance with 803.565;
  • (B) May not issue more than two permits for the same motor vehicle; and
  • (C) Must require the person applying for the permit to provide the insurance company name and policy number on the permit, and sign the certification on the permit stating that the motor vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and will continue to be covered as long as the permit is valid.
  • (e) For a recreational vehicle trip permit, the person who issues the permit must require the applicant to:
  • (A) Provide proof of ownership as described in OAR 735-034-0050;
  • (B) Sign a certification stating that the applicant has not been issued recreational vehicle trip permits that, when included with the permit being applied for, would grant more than 10 days vehicle operation for the preceding 12 months;
  • (C) Provide the insurance company name and policy number if the trip permit is for a motor home; and
  • (D) Sign the certificate on the permit, stating that the recreational vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and will continue to be covered as long as the permit is valid if the trip permit is for a motor home.
  • (f) A person authorized to issue a trip permit under section (1) of this rule:
  • (A) Must send DMV’s copy of the permit to DMV within seven (7) days of the date a permit is issued; and
  • (B) May not loan, transfer or assign a trip permit to any other person.
  • (3) Any alteration of the permit information will automatically void the permit:
  • (a) When a trip permit is voided, the trip permit agent, vehicle dealer, or towing business must return the vehicle (purchaser’s) copy and DMV’s copy to DMV within seven (7) days of the date it was voided, along with an explanation of why the permit was voided. If either copy of the voided permit is unavailable for submission to DMV, the explanation must state the reason; and
  • (b) If DMV is satisfied that a prepaid permit was not altered or used for the operation of a vehicle, DMV will refund the prepaid permit fee to the trip permit agent, vehicle dealer or towing business that purchased the permits from DMV.
  • (4) Upon receipt of a written request from a trip permit agent, vehicle dealer or towing business subject to this rule, DMV will refund the fee amount for each unissued prepaid permit.
  • (5) Upon DMV’s written request, a trip permit agent, vehicle dealer or towing business subject to this rule must immediately cease issuing permits and immediately return all unused trip permits to DMV. DMV will issue a refund to the trip permit agent, vehicle dealer or towing business for any unused prepaid permits returned to DMV.
  • (6) DMV may revoke the authority of a trip permit agent, vehicle dealer or towing business to issue trip permits:
  • (a) For failure to comply with any provision of this rule;
  • (b) If DMV determines the issuance of permits is not in the interest of the public; or
  • (c) A change in state or federal law or regulation prohibits the issuance of trip permits as described under this rule or OAR Chapter 735, Division 034.
  • (7) The failure of a trip permit agent, vehicle dealer or towing business to comply with the provisions of this rule may result in the revocation of the authority to issue trip permits.
  • Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.600
  • Stats. Implemented: ORS 803.565, 803.600, 803.602, 803.645, 806.080
  • Hist.: MV 19-1986, f. & ef. 12-1-86; Administrative Renumbering 3-1988, Renumbered from 735-110-0060; MV 2-1989, f. & cert. ef. 1-3-89; MV 13-1991, f. 9-18-91, cert. ef. 9-29-91; DMV 9-1998, f. & cert. ef. 8-20-98; DMV 14-2001, f. & cert. ef. 8-13-01; DMV 28-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 8-2002, f. & cert. ef. 4-12-02; DMV 28-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04; DMV 9-2004, f. & cert. ef. 5-24-04; DMV 7-2005, f. & cert. ef. 2-16-05; DMV 3-2011, f. & cert. ef. 3-16-11
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  • 735-154-0005
  • Authority of Towing Business to Issue 10-day Trip Permits
  • (1) A towing business may issue 10-day trip permits as provided in ORS 803.600, if the towing business:
  • (a) Submits a completed and signed agreement to issue trip permits to DMV; and
  • (b) Agrees to abide by the Oregon statutes and administrative rules relating to the issuance and sale of 10-day trip permits, including but not limited to ORS 803.600 and OAR 735-034-0010.
  • (2) DMV may revoke the authority of a towing business to issue 10-day trip permits if the towing business fails to comply with the requirements of ORS 803.565 and OAR 735-034-0010.
  • Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.600, 822.205, 822.215
  • Stats. Implemented: ORS 803.600, 822.215
  • Hist.: DMV 28-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04; DMV 9-2004, f. & cert. ef. 5-24-04; DMV 3-2011, f. & cert. ef. 3-16-11
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  • Rule Caption: Disabled Person Parking Permits and Parking Identification Card.
  • Adm. Order No.: DMV 4-2011
  • Filed with Sec. of State: 3-16-2011
  • Certified to be Effective: 3-16-11
  • Notice Publication Date: 2-1-2011
  • Rules Adopted: 735-080-0046
  • Rules Amended: 735-080-0020, 735-080-0040
  • Subject: These administrative rules describe when DMV will issue various types of disabled person parking permits and when DMV will replace or renew a disabled person parking permit. DMV revised the application form for an individual, wheelchair or temporary disabled person parking permit to make the process more efficient and less confusing for applicants so some references to specific application forms were removed from the rules. DMV clarified the requirements for obtaining a foreign visitor permit and formatted the rules in a way that an applicant can more easily find information on the type of permit for which he or she is applying. DMV adopted OAR 735-080-0046 so that the process for renewing a disabled person parking permit is in a separate rule from the replacement information contained in OAR 735-080-0040, making it easier to find the correct information.
  • Rules Coordinator: Lauri Kunze—(503) 986-3171
  •  
  • 735-080-0020
  • Issuance of Disabled Person Parking Permits
  • (1) Individual - The Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) will issue an individual disabled person parking permit or decal, or both, as described in ORS 811.605 to an applicant whose completed application (DMV form 735-265) includes:
  • (a) The applicant’s name and address;
  • (b) The applicant’s driver license number, disability golf cart driver permit number or identification card number; and
  • (c) A certificate, as required by ORS 811.604, that the applicant is a person with a disability.
  • (2) Wheelchair User — DMV will issue a wheelchair user disabled person parking permit or decal, as described in ORS 811.613, to an applicant whose completed application (DMV form 735-265) includes:
  • (a) The applicant’s name and address;
  • (b) The applicant’s driver license number, disability golf cart driver permit number or identification card number;
  • (c) A certificate, as described in ORS 811.604, showing that the applicant is a person with a disability and the person has a condition that requires the use of a wheelchair or similar low-powered motorized or mechanically propelled vehicle designed specifically for use by a person with a physical disability; and
  • (d) The applicant certifies that he or she uses a wheelchair or similar vehicle and requires a van accessible parking space.
  • (3) Temporary Disability — DMV will issue a temporary disabled person parking permit, valid for a maximum of six months, to a person whose completed application (DMV form 735-265) includes:
  • (a) The applicant’s name and address;
  • (b) The applicant’s driver license number, disability golf cart driver permit number, identification card number, or customer number, if one has been assigned by DMV; and
  • (c) A certificate, as required by ORS 811.604, except that it certifies that the applicant is temporarily disabled for less than four years. If the certificate specifies an ending date of the disability that is less than six months, that date will be used as the expiration date of the permit.
  • (4) Foreign Visitor — DMV will issue a foreign visitor permit valid for 30 days to a person who meets the requirements of ORS 811.611. If the person does not have a disabled person permit or certificate issued by the country that issued the person’s passport or visa, the person must provide a certificate meeting the requirements of ORS 811.604(1).
  • (5) Program — DMV will issue a program disabled person parking permit, as described under ORS 811.607, to a program that regularly operates at least one vehicle for the transportation of persons with disabilities, including, but not limited to a nonprofit organization, an agency, a residential care facility, an assisted living facility, a medical or persons with disabilities transportation service, or an adult foster care home. The program’s completed application (DMV form 735-265 PP) must include:
  • (a) The program’s name and address;
  • (b) The name of the program’s contact person;
  • (c) A certification that the program is an organization, agency or business that regularly transports persons with disabilities; and
  • (d) The number of vehicles in the program that regularly transports persons with disabilities.
  • (6) Family — DMV will issue a family disabled person parking permit to a family that has more than one person with disabilities residing in the same household. The applicant must be an adult family member and the applicant’s completed application (DMV form 735-265 FPP) must include;
  • (a) The name and address of the applicant;
  • (b) A certificate, as required by ORS 811.609, that the family includes at least two persons with a disability, including the name of each family member with a disability; and
  • (c) The number of vehicles regularly used by the family to transport those family members with a disability.
  • Stat. Auth.: ORS 801.235, 802.010, 811.602, 811.607 & 811.609
  • Stats. Implemented: ORS 811.602 & 811.604, 811.605, 811.606, 811.607 & 811.609
  • Hist.: MV 11-1985, f. 9-19-85, ef. 9-20-85; MV 30-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-110-08810; MV 38-1989, f. & cert. ef. 10-3-89; MV 20-1991, f. 9-18-91, cert. ef. 9-29-91; DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 29-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 4-2011, f. & cert. ef. 3-16-11
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  • 735-080-0040
  • Replacement of Disabled Person Parking Permits
  • (1) DMV may replace a disabled person parking permit, including an individual permit, a wheelchair user permit, a temporary permit, a temporary duplicate permit, and a permit with a parking identification card as described in OAR 735-080-0060. To replace a permit or decal, the holder may apply for replacement in person at a DMV field office or by mail to the DMV Driver Issuance Unit — Parking Permits Clerk at 1905 Lana Ave NE, Salem, OR, 97314. All replacements for program and family permits are required to apply by mail to the DMV Driver Issuance Unit — Parking Permits Clerk at 1905 Lana Ave NE, Salem, OR, 97314. The holder must submit an Application for a Person with a Disability Parking Permit (DMV form 735-265) as described in OAR 735-080-0020 or 735-080-0060 that includes:
  • (a) The name, address and Oregon driver license or permit number (ODL), identification card number (ID) or customer number;
  • (b) A certification that the original disabled person parking permit is lost or destroyed; and
  • (c) A certification that the applicant continues to qualify for the permit.
  • (2) If a required certificate as described in ORS 811.604 or 811.609 is not on file with DMV, DMV will not replace a lost or stolen disabled person parking permit. The person must apply for an original disabled person permit as set forth in OAR 735-080-0020.
  • Stat. Auth.: ORS 184.616, 184.619, 811.602, 811.607 & 811.609
  • Stats. Implemented: ORS 811.602, 811.604, 811.605, 811.606, 811.607 & 811.609
  • Hist.: MV 11-1985, f. 9-19-85, ef. 9-20-85; MV 30-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-110-0830; MV 38-1989, f. & cert. ef. 10-3-89; MV 20-1991, f. 9-18-91, cert. ef. 9-29-91; DMV 6-1996, f. & cert. ef. 8-15-96; DMV 12-2000, f. & cert. ef. 9-21-00; DMV 18-2001(Temp), f. & cert. ef. 9-21-01 thru 3-19-01; DMV 6-2002, f. & cert. ef. 3-14-02; DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 29-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 4-2011, f. & cert. ef. 3-16-11
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  • 735-080-0046
  • Expiration and Renewal of Disabled Person Parking Permits
  • (1) An individual or wheelchair user permit or decal expires on the expiration date of the person’s driver license, disability golf cart permit, identification card or parking identification card. The permit or decal must be renewed within one year from the date of expiration of the permit. To renew a permit or decal, the holder must appear in person at a DMV field office if also renewing a driver license, disability golf cart permit or identification card. Otherwise, the holder may renew by mail by submitting:
  • (a) The Parking Placard and Driver license or ID card Renewal Reminder (DMV form 735-7353) that includes a Certificate of Disability completed by the holder’s physician; or
  • (b) An Application for a Person with a Disability Parking Permit, on DMV form 735-265 as described in OAR 735-080-0020, that includes a Certificate of Disability completed by the holder’s physician, certified nurse practitioner or physician assistant.
  • (2) To renew a disabled person parking permit with a parking identification card as described in OAR 735-080-0060 the holder must submit by mail, to the DMV Driver Issuance Unit — Parking Permits Clerk at 1905 Lana Ave NE, Salem, OR, 97314, a completed Non-Photo Parking ID Card and Disabled Person’s Parking Permit Application (DMV form 735-265) that includes a Certificate of Disability completed by the holder’s physician, certified nurse practitioner or physician assistant.
  • (3) A program permit expires eight years from the date of issuance. DMV will renew and issue new permit(s) if the program continues to qualify and completes DMV form 735-265PP. The form must be mailed to DMV, Driver Issuance Unit, 1905 Lana Avenue NE, Salem, Oregon 97314. The permit must be renewed within one year from the date of expiration of the permit.
  • (4) A family permit expires eight years from the date of issuance. DMV will renew and issue new permit(s) if a family continues to qualify and completes DMV form 735-265FPP. The form must be mailed to DMV, Driver Issuance Unit, 1905 Lana Avenue NE, Salem, Oregon 97314. The permit must be renewed within one year from the date of expiration of the permit.
  • (5) A temporary disabled person parking permit expires six months from the date of issuance. The permit may not be renewed, but the person may re-apply for a temporary disabled person parking permit by complying with OAR 735-080-0020(3) if the person’s temporary disability continues beyond a six-month period.
  • (6) A temporary duplicate permit expires 30 days after issuance. A person may not renew a temporary duplicate permit.
  • (7) A disabled person parking permit automatically expires and becomes invalid when the individual, wheelchair user, program or family no longer meets the qualifying conditions. The permit must be returned immediately to DMV. A disabled person parking permit may not be transferred to any other person.
  • Stat. Auth.: ORS 184.616, 184.619, 811.602, 811.607 & 811.609
  • Stats. Implemented: ORS 811.602, 811.604, 811.605, 811.606, 811.607 & 811.609
  • Hist.: DMV 4-2011, f. & cert. ef. 3-16-11

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.

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