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Oregon Bulletin

November 1, 2012

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

Rule Caption: Restrictions Added to Commercial Driver License or Instruction Permit and Cancellation Action.

Adm. Order No.: DMV 12-2012

Filed with Sec. of State: 9-20-2012

Certified to be Effective: 9-20-12

Notice Publication Date: 8-1-2012

Rules Amended: 735-063-0065, 735-063-0067, 735-063-0070

Subject: FMCSR section 383.153 requires that states place certain restrictions on a commercial driver license (CDL) or a commercial instruction driver permit if the driver meets particular physical or medical criteria. On January 30, 2012, changes to the federal regulations related to proof of medical qualification requirements for CDL holders and commercial instruction driver permit holders went into effect. A “V” restriction is required if the driver has a medical variance. DMV has amended OAR 735-063-0065 to specify when a “V” restriction is required. For more clarity and consistency, DMV also specified when a “K” restriction is required in OAR 735-063-0065 and removed that information from OAR 735-063-0070. Amended OAR 735-063-0067 also authorizes DMV to cancel a CDL or commercial instruction driver permit if the person does not meet DMV’s requirement to have a “V” or “K” restriction added.

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

735-063-0065

Medical Qualification Procedures for CDL or Commercial Instruction Driver Permit

(1) An applicant for a CDL or commercial instruction driver permit must have proof of medical qualification as described in OAR 735-063-0060. DMV will not issue a CDL or commercial instruction driver permit if any proof of medical qualification is denied, expired or revoked.

(2) The CDL or commercial instruction driver permit of a driver who is issued a notice of exemption or SPE certificate by FMSCA, as described in OAR 735-063-0060(1), must have a “V” restriction. DMV will add a “V” restriction to the CDL or commercial instruction driver permit.

(3) The CDL or commercial instruction driver permit of a driver who is issued a Waiver of Physical Disqualification by DMV, as described in OAR 735-063-0070, must have a “K” restriction limiting the driver to operating a CMV in intrastate commerce. DMV will add a “K” restriction to the CDL or commercial instruction driver permit.

(4) An applicant for a CDL or commercial instruction driver permit who certifies a driving type of non-excepted interstate must also certify on the application or renewal form that he or she meets the driver qualification requirements contained in FMSCR Part 391.

(5) To maintain proof of medical qualification to operate a commercial motor vehicle, the holder of a CDL or commercial instruction driver permit must have a valid medical examiner’s certificate. Proof of medical qualification must be provided to DMV when requested. If proof is not provided within 60 days following the expiration of the holder’s current proof of medical qualification as described in OAR 735-063-0060, DMV will cancel the holder’s CDL or commercial instruction driver permit as provided in OAR 735-063-0067.

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

(7) DMV is not responsible for any expenses an applicant may incur from the acquisition of an approved medical examiner’s certificate or duplicate medical examiner’s 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; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 12-2012, f. & cert. ef. 9-20-12

735-063-0067

Cancellation or Suspension of CDL or Commercial Instruction Driver Permit Due to No Valid Proof of Medical Qualification or Failure to Have Restriction on the License or Permit when Required

(1) DMV will cancel a person’s CDL or commercial instruction driver permit if any proof of medical qualification, as described in OAR 735-063-0060, is denied, expired or revoked.

(2) DMV will cancel a person’s CDL or commercial instruction driver permit if proof of medical qualification, as described in OAR 735-063-0060, is not submitted when requested by DMV. Such requests will be made only when DMV does not already have proof of medical qualification.

(3) A CDL or commercial instruction driver permit cancelled under Section (1) or (2) of this rule may be reissued if the person submits proof of medical qualification as described in OAR 735-063-0060.

(4) Failure of a person to obtain the “V” restriction as required by OAR 735-063-0065(2) within the time period specified by DMV will result in cancellation of the commercial driver license or commercial instruction driver permit in accordance with ORS 807.010(1) and 809.310(1).

(5) Failure of a person to obtain the “K” restriction as required by OAR 735-063-0065(3) within the time period specified by DMV will result in cancellation of the commercial driver license in accordance with ORS 807.010(1) and 809.310(1).

(4) DMV will suspend, for one year, a person’s commercial driving privileges and the person’s right to apply for commercial driving privileges if DMV determines that the person submitted false information to DMV for the purpose of establishing or maintaining qualification to operate a commercial motor vehicle, hold a CDL, or hold a commercial instruction driver permit.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.040, 807.100, 809.415
Stats. Implemented: ORS 807.040, 807.100, 809.415
Hist.: DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 12-2012, f. & cert. ef. 9-20-12

735-063-0070

Waiver of Physical Disqualification

(1) This rule is applicable to holders of or applicants for a CDL, CDL instruction driver 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 instruction 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 waiver is valid for a period not to exceed the expiration date of the driver’s medical certificate.

(11) 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.

(12) 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; DMV 12-2012, f. & cert. ef. 9-20-12


 

Rule Caption: Driving Privilege and Identification Card Cancellation and Suspension Actions Under ORS 809.310.

Adm. Order No.: DMV 13-2012

Filed with Sec. of State: 9-20-2012

Certified to be Effective: 9-20-12

Notice Publication Date: 8-1-2012

Rules Amended: 735-070-0004

Subject: ORS 809.310 authorizes, but does not require, the suspension and cancellation of driving privileges or an identification card when DMV determines that a person has committed an act listed in ORS 809.310(3). OAR 735-070-0004 establishes the specific situations where DMV will suspend and cancel a person’s driving privileges or identification card, including those situations where the person has provided false or fictitious information. A person may obtain an Oregon driver license or identification card by providing a false or fictitious address to DMV for various reasons, including avoidance of DEQ vehicle emissions testing requirements or avoidance of out-of-state sales tax when purchasing a new vehicle in Oregon. DMV has concluded that false or fictitious address information does not impact highway or public safety and that the potential penalties imposed for improperly registering a vehicle are sufficient deterrents. DMV has amended OAR 735-070-0004 to clarify that it will cancel, but not suspend, driving privileges or an identification card when the person has given a false or fictitious address. The amendment will align administrative rule with current DMV policy and procedure.

 DMV also updated a statutory citation in Section (1) of the rule, which results from amendments to ORS 807.400.

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

735-070-0004

Cancellation and Suspension Actions Under ORS 809.310

(1) Pursuant to ORS 809.310(1) and (2) and 807.400(17), DMV will cancel any driver license, driver permit or identification card when DMV determines that it was issued on the basis of false information given to DMV or determines that the person is not entitled to driving privileges or the identification card. The cancellation action may be taken in addition to the suspension actions authorized by section (3) of this rule.

(2) When DMV cancels a person’s driver license, driver permit or identification card under section (1) of this rule, DMV may cancel any other driver license, driver permit or identification card issued to the person to which the person is not entitled or which was issued on the basis of false information given to DMV.

(3) Pursuant to ORS 809.310(3) and 809.415(5), DMV will suspend driving privileges and the right to apply for driving privileges if DMV determines that a person has knowingly committed any of the acts identified in ORS 809.310(3)(a) through (h). The suspension will be imposed regardless of when the act occurred.

(4) When DMV suspends a person’s driving privileges pursuant to ORS 809.411(9) because the person has been convicted of any of the acts identified in 809.310(3) (a) through (h), or because DMV has determined the person knowingly committed any of the acts identified in 809.310(3)(a) through (h), DMV will suspend any other driving privileges issued to the person and the person’s right to apply for driving privileges.

(5) Notwithstanding sections (3) and (4) of this rule, when DMV has determined a person gave a false or fictitious address to DMV, DMV will cancel but not suspend the person’s driver license, driver permit or identification card under section (1) of this rule.

Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 809.310 & 809.320
Hist.: MV 8-1989, f. & cert. ef. 2-1-89; MV 18-1993, f. 12-17-93, cert. ef. 1-1-94; DMV 16-1994, f. & cert. ef. 12-20-94; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 11-2011, f. & cert. ef. 11-23-11; DMV 13-2012, f. & cert. ef. 9-20-12

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, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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