Loading

Oregon Bulletin

August 1, 2011

 

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

Rule Caption: Collection of Biometric Data for Driver License, Driver Permit or Identification Card.

Adm. Order No.: DMV 6-2011

Filed with Sec. of State: 6-21-2011

Certified to be Effective: 6-21-11

Notice Publication Date: 5-1-2011

Rules Amended: 735-062-0016

Subject: ORS 807.024 requires each person who applies for a driver license, driver permit or identification card to submit to the collection of biometric data. ORS 801.163 defines biometric data as the physical characteristics of a person’s face that can be used to authenticate a person’s identity. A person submits to the collection of biometric data by having his or her photograph taken. DMV uses facial recognition technology to determine if the person photographed is the same person who was issued previously under that identity and if the person has ever been issued under another identity. The facial recognition technology requires a clear view of the person’s iris and pupil of each eye as well as the structure of the face. DMV recently updated this rule to require the removal of eye glasses or face covering, but more recent occurrences in field offices have shown that the rule needs to more clearly state what is not allowed in order to collect the biometric data with the photograph. Therefore DMV has amended the rule to include language that disallows face paint, novelty contact lenses and other products designed to distort a person’s appearance.

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

735-062-0016

Requirements for Establishing Identity Under ORS 807.024 and Consequences of Applicant’s Failure to Establish Identity

(1) An applicant for an original, renewal or replacement driver license, driver permit or identification card must submit to the collection of biometric data, as provided in ORS 807.024, for the purpose of establishing identity, unless the applicant meets the requirements of OAR 735-062-0120 or 735-062-0125.

(2) To collect biometric data DMV will take a digital photograph of the applicant which must:

(a) Be full-faced;

(b) Clearly show the iris and pupil of each eye; and

(c) Capture the applicant’s natural appearance in accordance with the requirements set forth in section (3) of this rule.

(3) To comply with Section (2) of this rule, DMV will require the applicant to:

(a) Remove any eyeglasses;

(b) Remove any contact lens that significantly changes the appearance of the applicant’s eye;

(c) Remove any clothing or similar material that partially or completely covers the applicant’s face;

(d) Remove any head covering, including a hat or cap, unless the head covering is for medical or religious reasons. A head covering worn for medical or religious reasons must not cover or distort the applicant’s face; and

(e) Remove makeup, face paint, jewelry, sticker or other temporary substance that covers or distorts all or part of the face so as to significantly alter the applicant’s natural appearance and which DMV determines is likely to affect the biometric measurements of the digital photograph.

(4) Except as provided in OAR 735-062-0120 and 735-062-0125, if an applicant’s identity is not established by the biometric data submitted pursuant to subsection (1) of this rule, the applicant must provide documentation or other evidence sufficient to establish the applicant’s identity to the satisfaction of DMV. The documents or other evidence may include, but are not limited to, one or more of the following:

(a) Documents listed in OAR 735-062-0020 that provide proof of the applicant’s identity and date of birth to the satisfaction of DMV.

(b) The applicant’s SSN and proof and verification of the SSN as provided in OAR 735-062-0005.

(c) A letter from a treating physician that identifies the person and states a medical reason for the person’s change in appearance.

(d) A document or letter from a law enforcement agency verifying identity.

(e) A court document verifying identity.

(5) Except as provided in OAR 735-062-0120 and 735-062-0125, DMV will not issue a driver license, driver permit or identification card, if the applicant’s identity is not established under this rule.

(6) Pursuant to ORS 809.310(3) and OAR 735-070-0004, DMV will suspend an applicant’s driving privileges or identification card and the person’s right to apply for driving privileges and an identification card, if the person fails to establish his or her identity as required by this rule and the failure to establish identity is the result of the applicant’s committing any of the acts identified in ORS 809.310(3)(a) through (h).

(7) Pursuant to ORS 809.310(1), 807.400(14), and OAR 735-070-0004, DMV will cancel a driver license, driver permit or identification card issued to an applicant who fails to establish his or her identity as required by this rule when applying for the license, permit or identification card.

(8) Pursuant to ORS 809.310(2), 807.400(14), and OAR 735-070-0004, DMV will cancel a driver license, driver permit or identification card issued to an applicant who fails to establish his or her identity as required by this rule when applying for the license, permit or identification card, and the failure to establish identity is the result of the applicant’s providing false information to DMV.

(9) If, based on the identification procedures required under section (1) or section (2) of this rule, DMV determines that an applicant has used different names to identify himself or herself in different applications submitted to DMV and the different names are not the result of the applicant’s having legally changed his or her name, DMV may take the actions authorized by ORS 809.135.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.024 & 2008 OL Ch. 1

Stats. Implemented: ORS 807.024, 807.400, 809.135, 809.310, 807.400, 809.411 & 2008 OL Ch. 1

Hist.: DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 13-2010, f. & cert. ef. 7-30-10; DMV 6-2011, f. & cert. ef. 6-21-11

 

Rule Caption: Medical Standards, Certificates and Waivers for Drivers of Commercial Motor Vehicles.

Adm. Order No.: DMV 7-2011

Filed with Sec. of State: 6-21-2011

Certified to be Effective: 6-21-11

Notice Publication Date: 5-1-2011

Rules Amended: 735-063-0000, 735-063-0050, 735-063-0060, 735-063-0065, 735-063-0070

Subject: There are federal medical standards that a person must meet to qualify for a commercial driver license (CDL) and to operate a commercial motor vehicle (CMV). The Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV) may issue a waiver of physical disqualification to a driver who operates a CMV in Oregon intrastate commerce but does not meet all federal physical qualification standards required for a CDL. Certain drivers employed by for-hire carriers are not required to have a CDL but they are required to have a medical certificate or a waiver of physical disqualification in order to operate a CMV in Oregon. DMV has amended 735-063-0070 to specify that DMV may issue such drivers a waiver of physical disqualification if they qualify.

      Other drivers, exempted under certain Federal Motor Carrier Safety Regulations from physical qualification requirements while operating in interstate commerce, but not exempt from the requirement to have a CDL, are required to have a medical certificate or a waiver of physical disqualification in order to operate a CMV in Oregon. This operation is not limited only to Oregon intrastate commerce and DMV has amended 735-063-0070 to clarify this requirement.

      Other amendments were made to correct references to federal regulations or for clarity.

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

735-063-0000

Definitions

As used in this division the following definitions apply:

(1) “Accident/conviction records” are records used to establish when a Waiver of Physical Disqualification issued by DMV may be denied or suspended. Accident records include, but are not limited to DMV records, police reports, crash reports or other reports from motor carriers. A conviction record is an official record showing a determination of guilt by a court of law upon a plea, verdict, finding, or unvacated bail forfeiture.

(2) “CDL” means commercial driver license.

(3) “CMV” means commercial motor vehicle.

(4) “Disqualifying condition” is a medical condition(s) not meeting FMCSA physical qualification standards as set forth in FMCSR Sec. 391.41(b).

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

(6) “FMCSA” means the Federal Motor Carrier Safety Administration of the United States Department of Transportation.

(7) “FMCSR” means the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, CFR Title 49 parts 300 to 399.

(8) “Intrastate commerce” is defined in FMCSR Sec. 390.5 and includes any trade, traffic or transportation exclusively within Oregon.

(9) “Medical Determination Officer” is a physician, nurse practitioner or physician assistant, licensed to provide health care services by the State of Oregon, and employed or designated by DMV to make medical determinations of a driver’s medical eligibility for driving privileges.

(10) “Medical Specialist” is a person who is licensed as a doctor of medicine, a doctor of osteopathy, an optometrist or an audiologist.

(11) “Physician” is defined in ORS 807.710.

(12) “SPE certificate” is a Skill Performance Evaluation certificate issued by the FMCSA pursuant to FMCSR Sec. 391.49 to a person who demonstrates the ability to safely operate a CMV in spite of limb impairment or loss.

(13) “Waiver of Physical Disqualification” or “waiver” means a waiver issued by the Oregon Department of Transportation to a driver who does not meet certain physical qualifications required for drivers of commercial motor vehicles as set forth in FMCSR Sec. 391.41(b). A Waiver of Physical Disqualification only authorizes the holder to operate a commercial motor vehicle in intrastate commerce.

Stat. Auth.: ORS 184.616, 184.619, 802.010

Stats. Implemented: ORS 807.040 & 807.100

Hist.: DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10; DMV 7-2011, f. & cert. ef. 6-21-11

735-063-0050

Medical Standards for Drivers of Commercial Motor Vehicles

(1) DMV adopts FMCSR sections 391.41 through 391.49 in effect on January 31, 2011 pertaining to physical qualifications and medical examination of drivers of commercial motor vehicles. Except as provided in section (2) of this rule, to qualify for a Class A, B, or C CDL or commercial driver permit a person must obtain an approved medical certificate meeting the requirements of these federal regulations.

(2) DMV may issue a Class A, B, or C CDL or commercial driver permit to a person who does not meet all physical qualifications set forth in FMCSR Sec. 391.41(b) if the person is issued:

(a) A Waiver of Physical Disqualification for the disqualifying condition, under OAR 735-063-0070;

(b) An exemption for the disqualifying condition by the FMCSA pursuant to 49 USC sections 31136 and 31135, and FMCSR sections 381.300 to 381.330; or

(c) An SPE certificate for the disqualifying condition issued by the FMCSA pursuant to FMCSR Sec. 391.49.

(3) DMV will issue a restricted Class A, B or C CDL or commercial driver permit if the waiver, exemption or SPE certificate described in section (2) of this rule indicate any applicable restrictions, conditions or limitations for issuance of a commercial license.

(4) DMV will suspend a Class A, B or C CDL or commercial driver permit if a Waiver of Physical Disqualification is denied, not renewed or is revoked for any reason or for any length of time.

(5) DMV will suspend a Class A, B or C CDL or commercial driver permit if notified that FMCSA has revoked or not renewed the SPE certificate issued to the driver under the provisions of FMCSR Sec. 391.49.

(6) DMV will suspend a Class A, B or C CDL or commercial driver permit if notified that FMCSA has revoked or not renewed an exemption to physical qualifications issued to a driver under the provisions of 49 U.S.C. sections 31135 and 31136(e) and FMCSR sections 381.300 to 381.330.

(7) DMV will suspend a Class A, B, or C CDL or commercial driver permit if notified by the Medical Determination Officer that the driver no longer meets the physical qualifications outlined in FMCSR Sec. 391.41(b).

(8) A person suspended under section (4), (5), or (6) of this rule may reinstate commercial driving privileges if the person obtains a medical certificate as described in section (1) of this rule or is reissued a waiver by DMV or an exemption or SPE certificate by FMCSA as described in section (2) of this rule.

(9) A person suspended under section (7) of this rule may reinstate commercial driving privileges if the person is determined by the Medical Determination Officer to meet the physical qualifications for a Class A, B or C CDL or commercial driver permit.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.040 & 809.419

Stats. Implemented: ORS 807.040, 807.100 & 809.419

Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0730; MV 24-1988, f. & cert. ef. 7-1-88; MV 6-1990, f. & cert. ef. 4-2-90; MV 11-1992, f. & cert. ef. 9-28-92; DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0140; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08; Renumbered from 735-074-0260, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10; DMV 7-2011, f. & cert. ef. 6-21-11

735-063-0060

Approved Medical Certificates

(1) DMV approves the following as medical certificates for use when driving a CMV within Oregon:

(a) Any medical certificate that complies with FMCSR sections 391.41 through 391.49. The medical certificate must state that in accordance with these federal regulations the person is qualified; or

(b) An Oregon School Bus Driver’s Certificate or Oregon School Bus Driver’s Permit, issued by the Oregon Department of Education, as provided in OAR 581-053-0006.

(2) If indicated on the certificate, the medical certificate described in section (1) of this rule must also be accompanied by a current:

(a) Waiver of Physical Disqualification issued by DMV;

(b) SPE certificate issued by the FMCSA; or

(c) Exemption issued by the FMCSA.

(3) The medical certificate must not be expired.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.040

Stats. Implemented: ORS 807.040, 807.100

Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; MV 4-1987, f. & ef. 5-18-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0750; MV 24-1988, f. & cert. ef. 7-1-88; MV 24-1989, f. & cert. ef. 10-3-89; MV 6-1990, f. & cert. ef. 4-2-90; MV 16-1991, f. 9-18-91, cert. ef. 9-29-91; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0160; DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08; Renumbered from 735-074-0280, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10; DMV 7-2011, f. & cert. ef. 6-21-11

735-063-0065

Medical Certificate Procedures

(1) DMV will issue a Class A, B, or C CDL or commercial driver permit only to applicants who present an approved medical certificate as described in OAR 735-063-0060 and, if required, a Waiver of Physical Disqualification, an exemption or SPE certificate when applying for an original or renewal of a Class A, B, or C CDL or commercial driver permit.

(2) An applicant for a Class A, B, or C CDL or commercial driver permit used in interstate commerce must also certify on the application or renewal form that he or she meets all of the driver qualification requirements as required by FMSCR sections 383.71(a) and 383.71(c)(1).

(3) DMV may issue a Class C non-commercial driver license to a person who applies for the renewal of a Class A, B, or C CDL if the person does not present an approved medical certificate as required or fails to certify he or she meets the driver qualification requirements as required in subsections (1) and (2) of this rule.

(4) A driver who needs to replace a medical certificate because it is lost, mutilated, or destroyed may obtain a duplicate from the same source from which they obtained the original medical certificate.

(5) DMV is not responsible for any expenses an applicant may incur from the acquisition of an approved medical certificate or duplicate medical certificate.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.040

Stats. Implemented: ORS 807.040, 807.100 & 807.150

Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0760; MV 4-1987, f. & ef. 5-18-87; MV 6-1990, f. & cert. ef. 4-2-90; DMV 11-1998, f. & cert. ef. 9-14-98; DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0170; DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08; Renumbered from 735-074-0290, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 4-2009, f. & cert. ef. 2-20-09; DMV 7-2011, f. & cert. ef. 6-21-11

735-063-0070

Waiver of Physical Disqualification

(1) This rule is applicable to holders of or applicants for a CDL, CDL permit or Class C non-commercial license issued by DMV, who intend to operate a CMV only in Oregon intrastate commerce or are exempt from the physical qualification requirements in FMCSR sections 391.41 and 391.43 under FMCSR sections 390.3(f), 391.2, 391.68 or 398.3 but must have an approved medical certificate under ORS 807.100. For purposes of this rule, CMV means a commercial motor vehicle as defined in FMCSR Sec. 390.5 and includes a driver employed (or applying for employment) to operate a CMV by a for-hire carrier as defined in ORS 825.005.

(2) DMV may issue or renew a Waiver of Physical Disqualification if the person is otherwise disqualified from operating a CMV under FMCSR Sec. 391.41(b) because of one or more of the following disqualifying conditions:

(a) Loss or impairment of limb;

(b) Diabetes;

(c) Seizure disorder;

(d) Impaired vision; or

(e) Hearing loss.

(3) Except as provided in Sections (2) and (13) of this rule, DMV will not issue or renew a Waiver of Physical Disqualification to a person who does not meet the physical qualification standards set forth in FMCSR Sec. 391.41(b).

(4) To apply for a Waiver of Physical Disqualification, an applicant must do the following:

(a) Submit a completed waiver application form and:

(A) A current FMCSA medical examination report completed by a licensed physician, chiropractic physician, physician assistant or nurse practitioner. The report must show that notwithstanding the disqualifying condition, the applicant meets all other physical qualification standards as set forth in FMCSR Sec. 391.41(b);

(B) Current medical information regarding the disqualifying condition from a treating medical specialist specializing in the assessment and treatment of the type of disqualifying condition for which the applicant is requesting a waiver; and

(C) If requested by DMV, a copy of the applicant’s out-of-state driver record(s) if the applicant has held a driver license in another jurisdiction during the three year period preceding the date of application.

(b) Provide additional information showing that the disqualifying condition does not impair the person’s ability to safely operate a CMV in intrastate commerce, if requested by DMV.

(5) The Medical Determination Officer will review an application for an original waiver or for renewal of a waiver and make a recommendation to DMV whether to approve or deny the waiver.

(a) The Medical Determination Officer review will be conducted using medical waiver guidelines. These are criteria maintained by the Medical Determination Officer and available from DMV.

(b) The Medical Determination Officer may request additional information from DMV or the applicant before making a recommendation.

(6) Records relating to an applicant or the holder of a current waiver may be reviewed at any time by DMV to determine if the person is or remains qualified to hold the waiver and is complying with the restrictions and conditions of the waiver. The review may include a recommendation from the Medical Determination Officer. DMV may use the information from these records or a recommendation from the Medical Determination Officer as a basis for denial of a waiver or for revocation of an existing waiver as specified in OAR 735-063-0075(4). Records include but are not limited to:

(a) Driving record;

(b) Accident/conviction record; and

(c) Medical records.

(7) If DMV has reason to believe the holder of a Waiver of Physical Disqualification is no longer qualified for the waiver, DMV:

(a) May immediately revoke the waiver as specified in OAR 735-063-0075;

(b) May request in writing that the holder submit any information requested by DMV in order for DMV to determine if the holder remains eligible for the waiver. The holder must submit any requested information to DMV within 60 days of the date the written request is mailed. Failure to submit the requested information will result in revocation of the waiver as set forth in OAR 735-063-0075(3). DMV may grant an additional 30 days if:

(A) The person is seriously ill or injured and a physician requests an extension in writing;

(B) The person is temporarily out of state and a written request is received from the person; or

(C) The person can show that the information was requested from another party within the 60 day time period and the delay in submitting the information was caused by the other party.

(8) To be eligible for a Waiver of Physical Disqualification, a driver must:

(a) Qualify for commercial driving privileges, have a valid Oregon CDL or commercial driver permit, or be an Oregon licensed driver employed (or applying for employment) by a for-hire carrier to operate a CMV only in Oregon intrastate commerce;

(b) Not have driving privileges suspended, revoked, cancelled or withdrawn in Oregon or any other jurisdiction;

(c) Not have a Waiver of Physical Disqualification that is currently denied or revoked as specified in OAR 735-063-0075(1) or 735-063-0075(4);

(d) Apply for the Waiver of Physical Disqualification as explained in section (4) of this rule; and

(e) Receive a recommendation for waiver approval from the Medical Determination Officer.

(9) Any driver issued a waiver must comply with the following conditions:

(a) Notify DMV within 10 days of any change in the driver’s physical condition or any other condition pertaining to the need for the waiver, modification of the waiver or revocation of the waiver;

(b) Notify DMV of all crashes, arrests or convictions involving the use of a motor vehicle within 30 days of the crash or within 10 days of the arrest or conviction;

(c) Notify DMV within 10 days of any suspension, cancellation, revocation or withdrawal of driving privileges in a jurisdiction other than Oregon;

(d) Notify DMV within 10 days of changing employers and provide the employer with a copy of the waiver;

(e) Carry a copy of the medical waiver and any listed waiver conditions at all times while operating a CMV and make the waiver and waiver conditions available to enforcement personnel upon request;

(f) Only operate a CMV in Oregon intrastate commerce. This subsection does not apply to a driver who is exempt from the physical qualification requirements in FMCSR sections 391.41 and 391.43 under FMCSR sections 390.3(f), 391.2, 391.68 or 398.3, but must have an approved medical certificate under ORS 807.100; and

(g) Comply with all waiver conditions related to the disqualifying condition as noted on the Waiver of Physical Disqualification.

(10) The Oregon CDL or commercial driver permit of a waiver holder must have a “K” restriction limiting the driver to operating a CMV in intrastate commerce.

(a) DMV will notify waiver holders in writing of the requirement to have a CDL or commercial driver permit with a “K” restriction.

(b) Failure of the driver to add the “K” restriction within 60 days of the date of written notification will result in cancellation of the commercial driver license in accordance with ORS 807.010(1) and ORS 809.310(1). DMV is not responsible for any expenses a waiver holder may incur from the acquisition of a replacement license with the “K” restriction.

(11) The waiver is valid for a period not to exceed the expiration date of the driver’s medical certificate.

(12) Incomplete waiver applications are invalid after 180 days and DMV will take no action to deny or approve the application. After this period, the person must reapply for a waiver in accordance with all of the requirements of this rule.

(13) DMV will renew a Waiver of Physical Disqualification issued for a sleep disorder or cardiac condition if the waiver was in effect on August 10, 2009 and all other requirements set forth in section (8) of this rule are met.

Stat. Auth.: ORS 184.616, 184.619 & 802.010

Stats. Implemented: ORS 807.040 & 807.150

Hist.: MCTB 4-2000, f. & cert. ef. 6-12-00; Renumbered from 740-100-0140, DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08; Renumbered from 740-100-0140, DMV 9-2008, f. & cert. ef. 3-21-08; DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10; DMV 7-2011, f. & cert. ef. 6-21-11

 

Rule Caption: Issuing Restricted Driving Privileges for Taking Lessons when Privileges are Suspended under At-Risk Program.

Adm. Order No.: DMV 8-2011

Filed with Sec. of State: 6-21-2011

Certified to be Effective: 6-21-11

Notice Publication Date: 5-1-2011

Rules Amended: 735-074-0210, 735-074-0212, 735-076-0050, 735-076-0052

Subject: A person whose driving privileges are suspended under the At-Risk Driver Program may wish to take driving lessons prior to taking a DMV drive test. DMV may issue either a restricted license or restricted applicant temporary permit for the express purpose of taking driving lessons. DMV may issue a restricted license (under OAR 735-074-0210 or 735-076-0050) pursuant to ORS 807.120 when the person has driving privileges that are suspended. DMV may issue a restricted applicant temporary permit (under OAR 735-074-0212 or 735-076-0052) pursuant to ORS 807.310 when the person does not have driving privileges to restrict. The person’s driving privileges may have expired, been surrendered, cancelled under OAR 735-062-0073 Denial of Further Testing, or the person may never have been granted Oregon driving privileges.

      DMV amended OAR 735-074-0210(2) and 735-076-0050(2) to remove the requirement that all applicants provide documentation from a medical provider or rehabilitation specialist before a restricted license or permit will be issued and to remove the requirement that a person who completes driving lessons must prove they should be allowed to take a DMV drive test. It is only when a person is denied a drive test under OAR 735-062-0073 that the person must provide such proof.

      DMV amended OAR 735-074-0212 and 735-076-0052 to clarify when a person whose right to apply for driving privileges has been suspended and is eligible for a restricted applicant temporary permit and the requirements for issuance. These rule amendments also clarify that the suspension will be rescinded for 60 days but will be re-imposed without further notice or hearing if the person does not pass a drive test within that time period or is not otherwise eligible for driving privileges when the permit expires.

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

735-074-0210

Restricted Licenses

(1) DMV may issue a restricted license to a person who passes the required tests when DMV determines a restriction on the license is necessary to insure the safe operation of a motor vehicle by the person. These restrictions may include but are not limited to the following:

(a) Daylight driving only;

(b) Driving only on a certain, restricted route;

(c) Driving only during certain hours of the day; or

(d) Driving only with certain vehicle equipment or adaptive devices.

(2) A person whose driving privileges are suspended under division 74 rules, who is otherwise eligible for driving privileges, may obtain a 60-day restricted license for the express purpose of taking driving lessons. The suspension will be rescinded for the 60-day period the restricted license is valid. Driving lessons must be provided by a commercial driving instructor, a rehabilitation specialist or other licensed driver approved by DMV as an instructor. The restricted license will only allow the person to drive with an instructor during instruction. No other driving, under any circumstances, will be allowed by the restricted license. All the following must occur before DMV will issue a restricted license under this section:

(a) If required by DMV, the person must receive a determination of medical eligibility from the Medical Determination Officer;

(b) The person must pass a DMV vision screening or submit a Certificate of Vision showing that the person’s vision meets DMV standards; and

(c) The person must pass a DMV knowledge test.

(3) A restricted license issued under section (2) of this rule will include a notification that at the end of the 60-day period the suspension will be re-imposed without further notice and without the opportunity for a contested case hearing if the person has not successfully passed a driving test given by a DMV employee.

(4) If, at the end of the 60-day restricted license period under section (2) of this rule, the person has not successfully completed a driving test given by a DMV employee, DMV will re-impose the suspension of the person’s driving privileges and right to apply for driving privileges. When a suspension is re-imposed under this section, DMV is not required to provide the person with further notice or an opportunity for a contested case hearing.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.120

Stat. Implemented: ORS 807.120

Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06; DMV 8-2011, f. & cert. ef. 6-21-11

735-074-0212

Restricted Applicant Temporary Permit

(1) When a person does not have Oregon driving privileges and his or her right to apply for driving privileges is suspended under OAR division 74, DMV may issue a 60-day restricted applicant temporary permit that allows the person to take driving lessons. An applicant for a permit under this section must meet all eligibility requirements listed in section (5) of this rule. The suspension will be rescinded for the 60-day period the restricted applicant temporary permit is valid. If, at the end of the 60-day restricted permit period, the person has not successfully completed a driving test given by a DMV employee, or is not otherwise eligible for driving privileges, DMV will re-impose the suspension of the person’s right to apply for driving privileges. When a suspension is re-imposed under this section, DMV is not required to provide the person with further notice or an opportunity for a contested case hearing.

(2) If a person’s driving privileges are cancelled and the driver is denied further testing under OAR 735-062-0073, the person may apply for a 60-day restricted applicant temporary permit for the express purpose of taking driving lessons if DMV determines that with driving lessons the person may learn to safely operate a motor vehicle. An applicant for a permit under this section must, in addition to meeting all eligibility requirements listed in section (5) of this rule, provide sufficient information to show that there is a reasonable likelihood that driving lessons will improve the person’s ability to safely operate a motor vehicle. Such information may include, but is not limited to:

(a) Medical information;

(b) Information from a rehabilitation specialist that the person may benefit from lessons to learn to use an adaptive device or technique; or

(c) An affidavit from a person(s) with information to show that with driving lessons the applicant is likely to learn to safely operate a motor vehicle.

(3) Driving lessons must be provided by a certified commercial driving instructor, rehabilitation specialist or other licensed driver approved by DMV as an instructor.

(4) A restricted applicant temporary permit only allows the person to drive with an instructor during driving lessons and at no other time.

(5) To be eligible for a restricted applicant temporary permit under section (1) and (2) of this rule, the person must:

(a) If required by DMV, receive a determination of medical eligibility from the Medical Determination Officer;

(b) Apply for driving privileges, and specifically request a restricted license or permit for the purpose of taking driving lessons prior to taking a drive test;

(c) Pass a DMV vision screening or submit a Certificate of Vision showing that the person’s vision meets DMV standards; and

(d) Pass a DMV knowledge test.

(6) A restricted permit issued under section (1) of this rule will include a notification that at the end of the 60-day period the suspension will be re-imposed without further notice and without the opportunity for a contested case hearing if the person has not successfully passed a driving test given by a DMV employee or is not otherwise eligible for driving privileges.

(7) A restricted permit issued under section (2) of this rule will include a notification that at the end of the 60-day period the permit expires and the person no longer has driving privileges until he or she has successfully passed a DMV driving test and is eligible for driving privileges.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.120, 807.310, 807.340

Stats. Implemented: ORS 807.120, 807.310, 807.340

Hist.: DMV 6-2006, f. & cert. ef. 5-25-06; DMV 8-2011, f. & cert. ef. 6-21-11

735-076-0050

Restricted License

(1) DMV may issue a restricted license to a person who passes the required tests when DMV determines a restriction on the license is necessary to insure the safe operation of a motor vehicle by the person. These restrictions may include but are not limited to the following:

(a) Daylight driving only;

(b) Driving only on a certain, restricted route;

(c) Driving only during certain hours of the day; or

(d) Driving only with certain vehicle equipment or adaptive devices.

(2) A person whose driving privileges are suspended under division 76 rules, who is otherwise eligible for driving privileges, may obtain a 60-day restricted license for the express purpose of taking driving lessons. The suspension will be rescinded for the 60-day period the restricted license is valid. Driving lessons must be provided by a commercial driving instructor, a rehabilitation specialist or other licensed driver approved by DMV as an instructor. The restricted license will only allow the person to drive with an instructor during instruction. No other driving, under any circumstances, will be allowed by the restricted license. All the following must occur before DMV will issue a restricted license under this section:

(a) If required by DMV, the person must receive a determination of medical eligibility from the Medical Determination Officer;

(b) The person must pass a DMV vision screening or submit a Certificate of Vision showing that the person’s vision meets DMV standards; and

(c) The person must pass a DMV knowledge test.

(3) A restricted license issued under section (2) of this rule will include a notification that at the end of the 60-day period the suspension will be re-imposed without further notice and without the opportunity for a contested case hearing if the person has not successfully passed a driving test given by a DMV employee.

(4) If, at the end of the 60-day restricted license period under section (2) of this rule, the person has not successfully completed a driving test given by a DMV employee, DMV will re-impose the suspension of the person’s driving privileges and right to apply for driving privileges. When a suspension is re-imposed under this section, DMV is not required to provide the person with further notice or an opportunity for a contested case hearing.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.120, 807.340 & 809.419

Stats. Implemented: ORS 807.120, 807.340

Hist.: MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0490; DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06; DMV 8-2011, f. & cert. ef. 6-21-11

735-076-0052

Restricted Applicant Temporary Permit

(1) When a person does not have Oregon driving privileges and his or her right to apply for driving privileges is suspended under OAR division 76, DMV may issue a 60-day restricted applicant temporary permit that allows the person to take driving lessons. An applicant for a permit under this section must meet all eligibility requirements listed in section (5) of this rule. The suspension will be rescinded for the 60-day period the restricted applicant temporary permit is valid. If, at the end of the 60-day restricted permit period, the person has not successfully completed a driving test given by a DMV employee or is not otherwise eligible for driving privileges, DMV will re-impose the suspension of the person’s right to apply for driving privileges. When a suspension is re-imposed under this section, DMV is not required to provide the person with further notice or an opportunity for a contested case hearing.

(2) If a person’s driving privileges are cancelled and the driver is denied further testing under OAR 735-062-0073, the person may apply for a 60-day restricted applicant temporary permit for the express purpose of taking driving lessons if DMV determines that with driving lessons the person may learn to safely operate a motor vehicle. An applicant for a permit under this section must, in addition to meeting all eligibility requirements listed in section (5) of this rule, provide sufficient information to show that there is a reasonable likelihood that driving lessons will improve the person’s ability to safely operate a motor vehicle. Such information may include, but is not limited to:

(a) Medical information;

(b) Information from a rehabilitation specialist that the person may benefit from lessons to learn to use an adaptive device or technique; or

(c) An affidavit from a person(s) with information to show that with driving lessons the applicant is likely to learn to safely operate a motor vehicle.

(3) Driving lessons must be provided by a certified commercial driving instructor, rehabilitation specialist or other licensed driver approved by DMV as an instructor.

(4) A restricted applicant temporary permit only allows the person to drive with an instructor during driving lessons and at no other time.

(5) To be eligible for a restricted applicant temporary permit under sections (1) and (2) of this rule, the person must:

(a) If required by DMV, receive a determination of medical eligibility from the Medical Determination Officer;

(b) Apply for driving privileges, and specifically request a restricted permit for the purpose of taking driving lessons prior to taking a drive test;

(c) Pass a DMV vision screening or submit a Certificate of Vision showing that the person’s vision meets DMV standards; and

(d) Pass a DMV knowledge test.

(6) A restricted permit issued under section (1) of this rule will include a notification that at the end of the 60-day period the suspension will be re-imposed without further notice and without the opportunity for a contested case hearing if the person has not successfully passed a driving test given by a DMV employee or is not otherwise eligible for driving privileges.

(7) A restricted permit issued under section (2) of this rule will include a notification that at the end of the 60-day period the permit expires and the person no longer has driving privileges until he or she has successfully passed a DMV driving test given by a DMV employee and is otherwise eligible for driving privileges.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.120, 807.310, 807.340

Stats. Implemented: ORS 807.120, 807.310, 807.340

Hist.: DMV 6-2006, f. & cert. ef. 5-25-06; DMV 8-2011, f. & cert. ef. 6-21-11

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

© 2013 State of Oregon All Rights Reserved​