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Oregon Bulletin

July 1, 2013

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

Rule Caption: Future Responsibility Filing Following a Mandatory Suspension or Revocation

Adm. Order No.: DMV 6-2013

Filed with Sec. of State: 5-23-2013

Certified to be Effective: 5-23-13

Notice Publication Date: 4-1-2013

Rules Amended: 735-050-0100

Subject: Before DMV may reinstate driving privileges following a mandatory suspension or revocation for conviction of certain crimes, a person must file proof of future financial responsibility. OAR 735-050-0100 establishes when the requirement to file future responsibility following a mandatory suspension or revocation will begin. DMV has amended OAR 735-050-0100 to update the requirements for a future responsibility filing to include ORS 809.411(7) (suspension for a conviction of gasoline theft) and (10) (suspension for a conviction of assault in the second, third or fourth degree resulting from the operation of a motor vehicle), and court-ordered restoration of driving privileges following a permanent revocation under ORS 809.235.

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

735-050-0100

Future Responsibility Filing Requirements Following Mandatory Suspension or Revocation

(1) For purposes of this rule, “proof” means proof of future responsibility filings as described in OAR 735-050-0050.

(2) The requirement to file proof following a suspension or revocation of the person’s driving privileges begins on the scheduled expiration date of the following:

(a) The suspension or revocation of the person’s driving privileges under ORS 813.400, 809.411(2), (3), (4), (5), (6), (7), (10), 809.417(2), or 809.409(2), (3), (4), (5);

(b) The revocation of the person’s driving privileges under ORS 809.235.

(3) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will reflect the filing requirement by making an entry on the person’s driving record of the Proof Required Until (PRU) date. The PRU date is three years after the expiration date of the suspension or revocation.

(4) Thirty days before the expiration of the suspension or revocation described in section (2)(a) of this rule, DMV will send the person a notice that a suspension under ORS 809.415(3) will be imposed for failure to make future responsibility filings unless proof is filed. The suspension notice will specify the suspension for failure to file proof will begin on the expiration date of the suspension or revocation. Once a suspension for failure to file proof is imposed, it remains in effect until the PRU date or until the person files proof, whichever comes first.

(5) When DMV receives a court order to restore driving privileges under ORS 809.235(5), DMV will not reinstate driving privileges until the person provides proof. In addition, upon receipt of the court order DMV will send the person a notice that a suspension under 809.415(3) will be imposed in 30 days unless proof is filed. Once a suspension for failure to file proof is imposed, it remains in effect until the PRU date or until the person files proof, whichever comes first.

(6) A suspension for failure to file proof will not take effect if the person files proof before the effective date of the suspension.

Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 806.240, 806.245, 809.235 809.409, 809.411, 809.415, 809.417 & 813.400
Hist.: MV 5-1989, f. & cert. ef. 1-17-89; DMV 6-1998, f. & cert. ef. 6-19-98; DMV 6-2013, f. & cert. ef. 5-23-13


 

Rule Caption: DMV Snowmobile Rule Updates

Adm. Order No.: DMV 7-2013

Filed with Sec. of State: 5-23-2013

Certified to be Effective: 5-23-13

Notice Publication Date: 4-1-2013

Rules Amended: 735-164-0000, 735-164-0010, 735-164-0020

Subject: This rulemaking amended DMV snowmobile rules OAR 735-164-0000, 735-164-0010 and 735-164-0020 to update fee amounts to be consistent with statutory requirements, and to correct references to repealed rules. Other non-substantive changes simplify rule language to improve readability.

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

735-164-0000

Snowmobile Fees Relating to Registration

Pursuant to ORS 821.080, snowmobile registration is administered in the same manner and has the same effect as the registration of vehicles under ORS Chapter 803. In addition to the fees established for snowmobile registration and registration renewal under 821.320 and consistent with 803.575, the following issuance fees apply:

(1) $5 for a duplicate or replacement registration card.

(2) $5 for a replacement registration decal issued at the time of registration or $10 for a replacement at any other time.

(3) $10 for replacement registration stickers.

(4) $5 for a replacement registration decal and replacement registration stickers when issued together at registration renewal, or $10 when issued together at any other time.

(5) The fees paid under sections (2), (3) and (4) of this rule include the cost of any duplicate or replacement registration card issued.

Stat. Auth.: ORS 184. 616, 184.612, 802.010 & 821.080
Stats. Implemented: ORS 821.080 & 803.575
Hist.: MV 30-1987, f. & ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-120-0060; DMV 7-2013, f. & cert. ef. 5-23-13

735-164-0010

Snowmobiles — Title and Registration Requirements

Unless otherwise exempt, snowmobiles are subject to DMV statutes and rules relating to title and registration. This includes:

(1) For title, ORS 803.010 through 803.230, except odometer disclosure requirements as provided in OAR 735-028-0010;

(2) For registration, ORS 803.300 through 803.455, except an odometer disclosure under 803.370(3);

(3) For registration cards, ORS 803.500 through 803.510, except the mileage of the vehicle under 803.500(5);

(4) For registration stickers, ORS 803.555 through 803.560;

(5) For registration fees and the disposition of plates, replacement and refunds, ORS 803.585, 803.575 and 803.590; and

(6) For temporary registration permits, ORS 803.615, 803.625 and 803.640.

Stat. Auth.: ORS 802.010, 803.030, 803.035, 803.305, 803.310, 821.060 & 821.080
Stats. Implemented: ORS 821.060 & 821.080
Hist.: MV 30-1987, f. & ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-120-0070; DMV 7-2013, f. & cert. ef. 5-23-13

735-164-0020

Placement of Snowmobile Registration Decal

Registration numbers assigned to snowmobiles are issued by DMV in the form of a registration decal. Snowmobile registration decals must be affixed on the left side of the snowmobile in an area that is visible during operation.

Stat. Auth.: ORS 184. 616, 184.619, 802.010 & 821.080
Stats. Implemented: ORS 821.080
Hist.: MV 7-1985, f. 6-14-85, ef. 6-16-85; Administrative Renumbering 3-1988, Renumbered from 735-071-0092; DMV 7-2013, f. & cert. ef. 5-23-13


 

Rule Caption: Requirement for Installation of an Ignition Interlock Device following a DUII Conviction

Adm. Order No.: DMV 8-2013

Filed with Sec. of State: 5-23-2013

Certified to be Effective: 5-23-13

Notice Publication Date: 4-1-2013

Rules Amended: 735-070-0080

Subject: Chapter 66, Oregon Laws 2012 (HB 4017) amends ORS 813.602 to include a five year requirement for installing and using an ignition interlock device (IID) at the end of a suspension or revocation under specified circumstances. This required DMV to amend OAR 735-070-0080 which previously referred to the one year and a two year IID requirement. DMV has deleted references to specific time requirements in the rule and states that the requirements are as specified in ORS 813.602(1) or (2).

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

735-070-0080

Ignition Interlock Device (IID) as Requirement Following DUII Suspension

(1) A person convicted by an Oregon Court of Driving Under the Influence of Intoxicants (DUII) must install and use an IID for the period of time specified in ORS 813.602 (1) or (2).

(2) DMV will suspend driving privileges for failure to install an IID if proof that an approved IID has been installed in the person’s vehicle is not submitted to DMV by the ending date of the DUII suspension. The proof must be an installation report form showing an approved device, as described in OAR 735-118-0010, completed and signed by the provider who installed the device.

(3) A person may operate a vehicle(s) without an IID, if the person is medically unable to operate a vehicle equipped with an IID, and DMV grants a medical exemption from the IID requirement. To avoid suspension of driving privileges for failure to install an IID, the person must apply before the last day of the DUII suspension and submit to DMV:

(a) A written, signed statement from an IID provider that the provider is unable to adapt an IID to accommodate usage by the person because of the person’s medical condition; and

(b) A written, signed statement from the person’s medical doctor, doctor of osteopathy, naturopathic doctor, physician assistant or nurse practitioner containing the following information:

(A) The name of the exempting condition;

(B) Whether the condition is temporary or permanent and if temporary, when the condition will no longer prevent usage of an IID; and

(C) Whether the exemption is required because the condition results in the inability to sustain an exhaled breath sampling of five pounds of pressure for five seconds required to operate the device or results in a ketone level in the person’s breath which will not allow the driver to successfully complete the test.

(4) When the application for a medical exemption is made under section (3) of this rule and approved by DMV, DMV will issue a medical exemption letter. The person must carry a copy of DMV’s medical exemption letter while operating a vehicle that would otherwise require installation and use of an IID.

(5) DMV will reinstate driving privileges if during the suspension period for failure to install an IID, the person installs an IID or DMV grants the person a medical exemption.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 813.602
Stats. Implemented: ORS 813.602
Hist.: MV 39-1987, f. 12-11-87, cert. ef. 1-1-88; Administrative Renumbering 3-1988, Renumbered from 735-031-0078; MV 20-1988, f. & cert. ef. 6-1-88; MV 14-1989, f. & cert. ef. 5-17-89; MV 18-1989(Temp), f. 8-31-89, cert. ef. 9-5-89; MV 4-1990, f. & cert. ef. 3-2-90; DMV 5-1994, f. & cert. ef. 7-21-94; DMV 15-2001, f. & cert. ef. 9-21-01; DMV 12-2007, f. 11-30-07, cert. ef. 1-1-08; DMV 8-2013, f. & cert. ef. 5-23-13

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, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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