justicedao/ipfs_state_laws huggingface dataset:
735-062-0310 Definitions The following definitions apply to OAR 735-062-0300 to 735-062-0390: (1) “Bioptic telescopic lens” means an optical system used to magnify distant objects by including a small telescope that is mounted in or above a spectacle lens in a manner to allow an unobstructed view of the horizontal visual field through a person’s normal distance corrective lens; (2) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation; (3) “Daylight hours” means the period of time from sunrise to sunset but does not include periods where adverse weather or other conditions significantly reduce visibility on the roadway; (4) “Educational facility” includes any public school district, education service district, community college district, any facility for the deaf operated under ORS 346.010, the Hillcrest School of Oregon, MacLaren School for Boys, tribal schools, state and federal schools, public agencies, and any parochial, private-or home-school facility meeting the requirements of OAR 581-045-0535 and ORS 345.505. (5) “Limited vision condition” means visual acuity in the better eye with best lens correction that is no better than 20/80 and no worse than 20/200. (6) “Rehabilitation training program” means a program designed to train a person with a limited vision condition to use a bioptic telescopic lens while operating a motor vehicle. (7) “Rehabilitation training specialist” or “specialist” means a person certified by the Department of Transportation to provide a rehabilitation training program; (8) “Report of Limited Vision Examination” (DMV Form Number 735-24A) means a certification completed by a licensed vision specialist (ophthalmologist or optometrist) that a person with a limited vision condition meets the requirements under ORS 807.359. (9) “Special limited vision condition learner’s permit” means a permit issued by the department to a person with a limited vision condition that allows the person to enroll in a rehabilitation training program; and (10) “TSO” means the Oregon Department of Transportation, Transportation Safety Office. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 807.368 Statutes/Other Implemented: ORS 807.355, 807.359, 807.363, 807.368 & 807.369 History: DMV 37-2023, minor correction filed 11/21/2023, effective 11/21/2023 DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 20-2009, f. & cert. ef. 10-27-09 DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04
735-062-0320 Special Limited Vision Condition Learner’s Permit (1) DMV will issue a special limited vision condition learner's permit when: (a) An applicant has submitted a report from a licensed vision specialist certifying that the person meets the visual standards set forth in ORS 807.359, has been fitted with a bioptic telescopic lens mounted on or above a carrier lens, and would be aided by using a bioptic telescopic lens when operating a motor vehicle; (b) An applicant submits proof to DMV that the person has been accepted and has enrolled in a rehabilitation training program with a specialist certified by DMV to train persons with a limited vision condition using a bioptic telescopic lens to drive; (c) An applicant has passed the knowledge test required under ORS 807.070(2); and (d) An applicant pays a $13 fee, as required by ORS 807.370. (2) The special limited vision condition learner's permit will: (a) Be valid for six months; (b) Be in the form of a letter rather than a laminated card with picture; (c) Specify that the applicant may only drive when accompanied by the specialist(s) named on the permit; (d) Include the following restrictions: (A) Driving during daylight hours only; and (B) The person must wear a bioptic telescopic lens device while driving. (e) Be mailed to the rehabilitation training program with which the applicant has enrolled. (3) If a person discontinues the required training or fails to make satisfactory progress toward a Certificate of Competency, the specialist must notify DMV immediately with a recommendation to terminate or extend the person's training program. (4) If the specialist's recommendation is to terminate the applicant's training program or the applicant withdraws from the program, DMV will cancel the special limited vision condition learner's permit issued to the applicant. If the permit is cancelled, the applicant must reapply for a new permit and satisfy all the requirements set forth in section (1) of this rule. Knowledge test scores remain valid for two years. (5) If the specialist's recommendation is to extend the applicant's training program, DMV will re-issue a special limited vision condition learner's permit for an additional six-month period if the applicant provides proof of continued enrollment in a rehabilitation training program, as set forth in subsection (1)(b) of this rule, and pays a $13 fee. (6) A copy of the special limited condition learner's permit must be kept in the applicant's file at the school offering the rehabilitation training program. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 807.350 & 807.368 Statutes/Other Implemented: ORS 807.355 – 807.368 History: DMV 12-2008, f. 6-23-08, cert. ef. 7-1-08 DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08 DMV 31-2005, f. & cert. ef. 12-14-05 DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04
735-062-0340 Qualifications to be Certified by DMV as a Rehabilitation Training Specialist DMV will certify a person to be a rehabilitation training specialist for the express purpose of training limited vision condition applicants using a bioptic telescopic lens when the applicant meets the following qualifications: (1) Has successfully completed the following three courses approved by TSO: (a) Foundation of Traffic Safety Education; (b) Fundamentals of Behind-the-Wheel Instruction; and (c) Fundamentals of Classroom Traffic Safety Instruction; (2) Has either: (a) A current valid certification by DMV as a commercial driver training instructor; or (b) Approval by TSO as an educational facility traffic safety education instructor; (3) Is currently employed by or works as an independent contractor for either: (a) A DMV certified drive school operator that offers or proposes to offer a driver training program for persons with a limited vision condition who use a bioptic telescopic lens; or (b) An education facility that offers or proposes to offer a driver training program for persons with a limited vision condition who use a bioptic telescopic lens. (4) Has a minimum of 1000 hours of experience conducting behind-the-wheel driver training; and (5) Has enrolled in and successfully completed either: (a) A DMV sponsored or approved course that addresses how to screen, train and assess the driving potential of persons with a limited vision condition who use a bioptic telescopic lens; or (b) A DMV approved training program with a certified rehabilitation training specialist or an equivalent specialist in another state that includes at least 20 hours of observation and learning experiences in how to screen, train and assess the driving potential of persons with a limited vision condition who use a bioptic telescopic lens. (6) If the person has been previously certified as a rehabilitation training specialist, but that certification is canceled, the person is not eligible for re-certification for three years after the effective date of the cancellation. Statutory/Other Authority: ORS 184.616, 184.619 & Sec. 5 & Ch. 277. OL 2003 Statutes/Other Implemented: Ch. 277 & OL 2003 History: DMV 38-2023, minor correction filed 11/21/2023, effective 11/21/2023 DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04
735-062-0350 Rehabilitation Training Specialist Certificates DMV will issue a certificate to a person DMV certifies as a rehabilitation training specialist. (1) The certificate will: (a) Include the name of the school for which the specialist is an instructor; (b) Be valid for the calendar year in which it is granted; (c) Include a unique certification number; and (2) If the person’s is certified as a commercial driver training instructor and that certificate is suspended, revoked, or not renewed for any reason, the same action will apply to the person’s rehabilitation training specialist certificate. (3) A specialist who is not a certified commercial driver training school instructor will lose certification as rehabilitation training specialist if that person is no longer approved by TSO. (4) If the person is certified as a commercial driver training instructor that certificate will not be affected if the person’s rehabilitation training specialist certificate is suspended for violation under OAR 735-062-0360. (5) The rehabilitation training specialist certificate must be displayed in the school business location. A copy of the certificate must be kept in the rehabilitation specialist file maintained by the school. Statutory/Other Authority: ORS 184.619, 184.619 & Sec. 5 & Ch. 277. OL 2003 Statutes/Other Implemented: Ch. 277 & OL 2003 History: DMV 39-2023, minor correction filed 11/21/2023, effective 11/21/2023 DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04
735-062-0360 Regulation of Rehabilitation Specialists and Programs Offered DMV will regulate a person certified as a rehabilitation training specialist as well as the training program that the specialist provides to persons issued a special limited vision condition learner’s permit. (1) DMV may, without prior notice, send a representative to observe any part of the training given by a specialist to a person with a limited vision condition who uses a bioptic telescopic lens. If DMV determines that the training provided does not meet the requirements of OAR 735-062-0330 DMV may: (a) Issue a written warning describing areas that must be improved within 30 days or the rehabilitation training specialist certificate will be suspended until improvement is made; or (b) Require the person to attend more training on the usage of bioptic telescopic lens for driving, within three months, in order to retain the rehabilitation training specialist certificate. (2) The specialist must provide records to the school for a driver with telescopic lens to be retained as required for any other student of the commercial driver training school or educational facility. (3) A specialist must not provide behind-the-wheel training to the person with a limited vision condition until the person’s special limited vision condition learner’s permit is received. A failure to comply with the restriction of the special limited vision condition learner’s permit will result in the sanctioning of the rehabilitation training specialist certificate as follows: (a) A 30-day suspension for the first offense; (b) A 60-day suspension for the second offense within a three year period; and (c) Cancellation for the third offense within a three year period. (4) Failure to comply with OAR 735-062-0320(6), 735-062-0350(5), or 735-062-0360(2) will result in: (a) For a first offense a written warning; (b) For a second offense a suspension of the rehabilitation specialist certificate for five days; (c) For a third offense a suspension of the rehabilitation driver training specialist certificate for 30 days. (5) If a limited vision condition applicant is unable to pass a DMV drive test in two attempts, DMV may question the validity of the Certificate of Competency issued by the specialist. DMV may require the specialist to accompany the applicant and a DMV representative on a drive. If the applicant clearly does not demonstrate driving ability to be issued a Certificate of Competency as described in OAR 735-062-0370, DMV may suspend the rehabilitation specialist certificate until the specialist can show that he or she has attended additional specific instruction in the training of limited vision condition drivers using a bioptic telescopic lens deemed acceptable by DMV or the emphasis of the training has changed to properly train a limited vision condition driver. Statutory/Other Authority: ORS 184.616, 184.619 & Sec. 5 & Ch. 277. OL 2003 Statutes/Other Implemented: Ch. 277 & OL 2003 History: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04
735-062-0370 Issuance of Certificate of Competency (1) Before DMV will issue a driver license or driver permit to a person with a limited vision condition, a specialist must issue a Certificate of Competency showing the person has successfully completed a rehabilitation training program. (2) To issue a Certificate of Competency, the specialist must certify the person: (a) Has successfully completed a rehabilitation training program; (b) Has demonstrated the physical, mental and social driving skills necessary to safely operate a motor vehicle in a manner that does not increase the likelihood of hazard or collision under the restricted driving conditions allowed for a driver with a limited vision condition; and (c) Is able to effectively use the bioptic telescopic lens for visual assistance in safely operating a motor vehicle. Statutory/Other Authority: ORS 184.616, 184.619 & Sec. 5 & Ch. 277. OL 2003 Statutes/Other Implemented: Ch. 277 & OL 2003 History: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04
735-062-0380 Issuance of a Permit or Driver License to a Person with a Limited Vision Condition When a person with a limited vision condition has successfully completed a rehabilitation training program as described in OAR 735-062-0320(1)(b), and has received a certificate of competency from the specialist who conducted the person's training, the person may apply to DMV for an instruction permit or a driver license. To obtain an instruction permit or driver license, the person must meet all applicable requirements, except the eyesight check described in OAR 735-062-0050. (1) To be issued a driver license, the person must successfully pass the drive test described in OAR 735-062-0070 and pay all required fees. (2) DMV will issue a restricted driver license or instruction permit to a person with a limited vision condition as follows: (a) Driving during daylight hours only, except as provided in OAR 735-062-0390; and (b) The person must wear a bioptic telescopic lens device while driving. (3) An instruction permit allows the person to operate a motor vehicle only when accompanied by a licensed driver at least 21 years of age. Statutory/Other Authority: ORS 184.616, 184.619, Sec. 5, Ch. 277. OL 2003, Ch. 588 & OL 2007 Statutes/Other Implemented: Ch. 277, OL 2003, Ch. 588 & OL 2007 History: DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08 DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04
735-062-0385 Maintaining Qualification Under the Limited Vision Condition Program or Cancellation (1) Beginning two years from the date of issuance and at least every two years thereafter, a person issued a license under ORS 807.363 must be examined by a licensed vision specialist and submit to DMV a Report of Limited Vision Examination form signed by the licensed vision specialist certifying the person meets the vision requirements under ORS 807.359. If the person’s driving privileges are not restricted to daylight driving only, the Report of Limited Vision Examination form must indicate that the person is able to safely operate a motor vehicle at night. (2) Approximately 90 days before the vision requirements described in section (1) of this rule are due DMV will issue the person a notice of cancellation and Report of Limited Vision form (DMV form 735-24A) for completion by the person’s vision specialist. DMV will cancel the person’s driving privileges if the Report of Limited Vision Examination form (DMV form 735-24A) is not completed and submitted to DMV within 90 days of the date DMV issues a notice of cancellation or the person fails to meet the vision requirements as set forth in section (1) of this rule. (3) DMV will issue a driver license with a daylight driving only restriction if the Report of Limited Vision Examination form (DMV form 735-24A) submitted pursuant to section (1) of this rule does not include the nighttime driving vision specialist certification. (4) A Report of Limited Vision Examination form (DMV form 735-24A) must be received by DMV no later than two years from the examination date of the most recently submitted report. (5) DMV will reissue the driving privileges cancelled for less than one year under section (2) of this rule when the person: (a) Submits a Report of Limited Vision Examination form (DMV form 735-24A) showing the person meets the vision requirements under ORS 807.359; (b) Passes a DMV drive test demonstrating the person is fit to operate a vehicle safely on the highways of this state; and (c) Pays the appropriate licensing fees at the time of reissuance. (6) DMV will issue driving privileges, in accordance with ORS 807.363, to a person whose driving privileges have been cancelled for a year or more under section (2) of this rule when the person successfully completes a rehabilitation training program along with meeting the requirements of section (5) of this rule. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 807.363, 807.350 & 809.310 History: DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 6-2018, amend filed 05/18/2018, effective 05/18/2018 DMV 18-2013, f. 12-20-13, cert. ef. 1-1-14 DMV 20-2009, f. & cert. ef. 10-27-09
735-062-0387 Hearing Following a Cancellation of Driving Privileges Issued to a Person with a Limited Vision Condition (1) A person may request a contested case hearing for a cancellation ordered under OAR 735-062-0385 (3). (2) A request for a must be in writing and must: (a) Include the person’s full name; (b) Be received by DMV or postmarked within 90 days of the date of the notice. (3) Be submitted on the form to request an APA hearing on DMV’s website, mailed or personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, Oregon 97314, or if sent by facsimile machine (FAX), received by DMV at FAX number (503) 945-5521. (4) A hearing request should also include the person’s: address; driver license number; date of birth; and telephone number. (5) The cancellation will not be rescinded pending the outcome of the hearing as DMV has determined there is a serious danger to the public health, safety, or welfare when a person has not provided necessary documentation that their vision continues to meet necessary standards to be issued driving privileges under the program for persons with a limited vision condition. (6) The Office of Administrative Hearings will conduct hearings held on driver permit or driver license cancellations cases in accordance with 183.310 to 183.550. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 807.350 & 807.363 History: DMV 6-2018, adopt filed 05/18/2018, effective 05/18/2018
735-062-0390 Driving Privileges without a Daylight Hours Restriction for Persons with a Limited Vision Condition (1) When an applicant meets the requirements in OAR 735-062-0320 for a special limited vision condition learner’s permit, DMV will issue the special limited vision condition learner’s permit without a driving during daylight hours only restriction, if the applicant also submits: (a) A report from a licensed vision specialist certifying that the person’s vision condition will allow the person to safely operate a motor vehicle at night; and (b) Proof of enrollment in a nighttime driving training program as described in OAR 735-062-0330 (8). (2) To participate in behind-the-wheel nighttime driving training, a person with a special limited vision condition learner’s permit, an instruction permit or a driver license that has a driving during daylight hours only restriction must provide DMV with: (a) The name of the rehabilitation specialist; (b) Date(s) of the nighttime training; and (c) A report from a licensed vision specialist certifying that the person’s vision condition will allow the person to safely operate a motor vehicle at night. (3) If the person qualifies, DMV will send a modified restriction letter to the rehabilitation training specialist to allow the person to drive during nighttime training. (4) DMV may issue an instruction permit or regular driver license without a driving during daylight hours only restriction to a person with a limited vision condition, or may remove the restriction from the person’s driving privileges if the person submits to DMV: (a) A report from a licensed vision specialist certifying that the person’s vision condition will allow the person to safely operate a motor vehicle at night. If this report also certifies that the person’s vision meets the vision requirements under ORS 807.359, no other vision report will be required for two years; and (b) A certificate issued by a rehabilitation training specialist certifying that the person has completed a nighttime driving training program as described in OAR 735-062-0330 (8) and can safely operate a motor vehicle at night. (5) If DMV has issued an instruction permit without a daylight only restriction to a person who later qualifies for a driver license, that license will be issued without a daylight only restriction as well. Statutory/Other Authority: ORS 184.619, 802.010 & 807.369 Statutes/Other Implemented: 807.369, ORS 807.359 & 807.363 History: DMV 6-2018, amend filed 05/18/2018, effective 05/18/2018 DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08
735-063-0200 Temporary rule language in effect until 04/10/2026. Purpose (1) Chapter 735, division 63 establishes rules for those requirements and processes that are specific to the granting of commercial driving privileges, the retention of those privileges and DMV’s sanctioning of those privileges. A person applying for commercial driving privileges must already have a Class C non-commercial license issued by the State of Oregon, or must meet all qualifications for the license. The administrative rules in OAR 735, division 62, regarding the procedures related to the issuance, renewal or replacement of a Class C non-commercial driver license or driver permit also apply to a non-Real ID CDL or a CLP except as specified in these rules. The administrative rules in OAR 735, division 62, regarding the procedures related to the issuance, renewal or replacement of a Real ID Class C non-commercial driver license also apply to a Real ID CDL except as specified in these rules. (2) The following rules in OAR 735, division 62 do not apply to a CDL or a CLP: (a) OAR 735-062-0002; (b) OAR 735-062-0005; (c) OAR 735-062-0010; (d) OAR 735-062-0035; (e) OAR 735-062-0080; (f) OAR 735-062-0085; and (g) OAR 735-062-300 to 735-062-0390. (3) The other rules in OAR 735, division 62, are applicable to commercial driving privileges either in whole or as specified in the rules below. (4) Due to FMCSA’s Interim Final Rule, “Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses,” 90 Fed. Reg. 46509 to 46526 (2025) (effective September 29, 2025), DMV is pausing the issuance of an original, renewal, or replacement limited-term CLP or CDL. This pause includes amending, correcting, reprinting, or otherwise duplicating a previously issued limited-term CLP or CDL or completing any transaction that results in the production of a card or interim card. To comply with FMCSA’s Interim Final Rule, DMV’s pause is effective as of September 29, 2025. Statutory/Other Authority: ORS 184.619, 802.010 & 807.455 Statutes/Other Implemented: ORS 807.018, 807.031, 807.035, 807.045, 807.120, 807.173, 807.285, 809.510, 809.515, 809.520, 809.525, 809.530, 809.535, 809.540, 809.545 & 49 CFR Parts 383 and 384, Interim Final Rule, 90 Fed Reg 46509-46526 (September 29, 2025) History: DMV 13-2025, temporary amend filed 10/13/2025, effective 10/13/2025 through 04/10/2026 DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020 DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16