justicedao/ipfs_state_laws huggingface dataset:
735-074-0120 The Mandatory Report to DMV (1) To report a severe and uncontrollable functional or cognitive impairment as required by OAR 735-074-0110, the reporting physician or health care provider must complete and submit to DMV a Mandatory Impairment Referral form (DMV form 735-7230). A report may also be submitted by proxy on a form approved by DMV and substantially similar to DMV Form 735-7230 containing all required content, including the statement “Proxy for DMV’s Mandatory Impairment Referral form (DMV form 735-7230).” (2) To report visual acuity or field of vision not meeting DMV standards as required by OAR 735-074-0100, the reporting physician or health care provider must complete and submit to DMV a Mandatory Impairment Referral form (DMV form 7230). A report may also be submitted by proxy on a form approved by DMV and substantially similar to DMV Form 735-7230 containing all required content, including the statement “Proxy for DMV’s Mandatory Impairment Referral form (DMV form 735-7230).” (3) A form described in section (2) of this rule must contain the following information: (a) The name, address, date of birth, sex, and Oregon driver license or identification card number (if known) of the person being reported; (b) The functional or cognitive impairment(s) being reported, as described in OAR 735-074-0100 or 735-074-0110; (c) A description of how the person reported is affected by the impairment; (d) The name, professional license or certification number and signature of the reporting physician or health care provider; and (e) The date of the person's most recent examination, within the prior six months of the date the form is submitted to DMV. (4) If available, and applicable, the following information may be included on the form: (a) Any underlying medical diagnosis or condition related to the reported impairments; (b) The date of the person's last episode of loss of consciousness or control, date of cerebrovascular accident (CVA), cardiac event or intoxicant use or relapse; (c) Medication prescribed that may interfere with safe driving behaviors or medication prescribed to treat the impairment(s) reported; and (d) The address and phone number, of the reporting physician or health care provider. Statutory/Other Authority: ORS 184.619, 802.010 & 807.710 Statutes/Other Implemented: ORS 807.710 History: DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025 DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021 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 6-2006, f. & cert. ef. 5-25-06 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0185 When a Driver Medical Report Form or Certificate of Vision Form is Required (1) When DMV determines a Driver Medical Report form (DMV form 735-6587) is necessary to determine the person’s medical eligibility for driving privileges, as described in OAR Chapter 735, Division 74, DMV will send the form to the person and notify them that the form must be submitted to DMV for a determination of medical eligibility by DMV’s Medical Determination Officer. The form must be completed by the person’s treating physician or health care provider managing the condition and returned to DMV. The Driver Medical Report form response must include: (a) The signature of the person’s treating physician or health care provider managing the condition and the date signed; (b) The date of most recent clinical contact or exam, which must be after the date of incident or examination on which the report to DMV was based; (c) The condition or diagnosis related to the driving concern(s), and responses addressing the condition and all of the reported concerns; (d) The nature of the condition, whether it is acute, chronic, progressive, or resolved; (e) Whether the patient's condition is new or has increased in severity in the last six months; (f) Whether the patient's condition is well controlled, including the duration of stability; (g) Whether the patient is compliant with medication and or treatment; and (h) The name, professional license or certification number, and signature of the treating physician or health care provider. (2) When DMV determines a Certificate of Vision form (DMV form 735-024) is necessary to determine the person’s eligibility for driving privileges, as described in OAR Chapter 735, division 074, DMV will send the form to the person and inform the person that the form must be completed by their vision specialist and show that their vision meets state standards, as defined in OAR 735-062-0050. The form must be submitted to DMV. Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419 Statutes/Other Implemented: ORS 807.340 History: DMV 12-2025, adopt filed 07/24/2025, effective 07/24/2025
735-074-0190 Tests Required Tests required under these rules may include one or more of the following: (1) A knowledge test for the class of license and endorsement(s) held; (2) A vision test; (3) A drive test for the class of license held including any endorsement(s); or (4) Any other examination or test that DMV determines may be necessary in establishing eligibility or fitness to operate a motor vehicle (e.g., special drive test for basic needs license). Statutory/Other Authority: ORS 184.619, 802.010 & 807.340 Statutes/Other Implemented: ORS 807.070 & 807.340 History: DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0200 Testing Process (1) The driver must test in the driver's current license class, unless the driver voluntarily chooses to test for a lower class of license. (2) Before DMV may conduct a drive test, the person must successfully complete all other required tests. (3) The waiting periods between knowledge or drive tests are listed in OAR 735-062-0040 and 735-062-0070, respectively. (4) As set forth in OAR 735-062-0073, DMV may refuse to conduct or continue a drive test if a DMV employee reasonably believes that the person is likely to endanger persons or property while being tested. Further testing may be denied and driving privileges cancelled if DMV determines the person is likely to endanger persons or property during subsequent testing. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 807.340 Statutes/Other Implemented: ORS 807.070 & 807.340 History: DMV 6-2006, f. & cert. ef. 5-25-06 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
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 these OAR 735, division 074, rules, who is otherwise eligible for driving privileges, may obtain a Restricted Applicant Temporary Permit for the express purpose of taking driving lessons for a Class C noncommercial driver license in accordance with OAR 735-074-0212. Statutory/Other Authority: ORS 184.619, 802.010 & 807.120 Statutes/Other Implemented: ORS 807.120 History: DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025 DMV 8-2011, f. & cert. ef. 6-21-11 DMV 6-2006, f. & cert. ef. 5-25-06 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0220 Hearing Request for Suspension or Cancellation of Driving Privileges Under Division 74 and Division 76 Rules A person issued a notice of suspension or cancellation under these rules has the right to request a contested case hearing. The following apply to a hearing request: (1) Except as provided in section (2) of this rule, a person issued a notice of suspension or cancellation under these rules must request a hearing within 20 days from the date on the notice. Except as provided in section (2) of this rule, the suspension or cancellation will not go into effect pending the outcome of the hearing. (2) A person issued a notice of an immediate suspension or an immediate cancellation must request a hearing within 90 days from the date on the notice. The suspension or cancellation will remain in effect and will not be rescinded or stayed by DMV pending the outcome of the hearing. (3) A hearing request must be in writing and must include: (a) The person's full name; (b) The person's complete mailing address; (c) The person's Oregon driver license number; and (d) A brief statement of the issues the person proposes to raise at the hearing. (4) A hearing request should also include: (a) The person's date of birth; (b) The telephone number where the person can be reached between 8 a.m. and 5 p.m.; and (c) The dates and times the person or the person's attorney cannot appear at a hearing. (5) The administrative law judge must give DMV sufficient opportunity to obtain and present in the contested case hearing any testimony or documents deemed necessary by the agency to respond to evidence offered by the person on any factual or legal defense. (6) In order for a request for hearing to be timely, the request must be postmarked or received by DMV within the time periods established in sections (1) and (2) of this rule. If the request for hearing is not timely received, the person waives his or her right to a hearing, except as provided in OAR 137-003-0528 and the notice becomes the final order by default. The time periods will be computed as set forth in 137-003-0520(11). (7) DMV will not accept a hearing request postmarked or received by DMV more than 60 calendar days after the notice becomes a final order by default. (8) To be received by DMV, the hearing request must be: (a) Personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR; (b) Delivered by mail to DMV Headquarters, 1905 Lana Avenue NE, Salem OR 97314; (c) Received by facsimile machine at FAX number (503) 945-5521; or (d) Requested on-line at dmv2u.oregon.gov. Statutory/Other Authority: ORS 184.619, 802.010 & 809.440 Statutes/Other Implemented: ORS 809.440 History: DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025 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 23-2004, f. & cert. ef. 11-17-04 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-076-0000 Policy, Objective and Purpose of the At-Risk Program — Non-Mandatory Reporting (1) It is the policy of DMV to promote safety for all persons who travel or otherwise use the public highways of this state. (2) The underlying policy of the Department's rules on at-risk drivers is to preserve the independence, dignity, and self-esteem that result from providing one's own mobility, so long as it is possible to do so without risk to oneself or to others. (3) It is therefore an objective of these OAR 735, division 076, rules to establish a program for the non-mandatory reporting to DMV of those drivers who have a mental or physical condition or impairment that may affect driving ability, or drivers who have demonstrated unsafe or dangerous driving behaviors. (4) DMV may receive information that indicates a person may no longer be qualified to hold a driver license, driver permit or endorsement or may no longer be able to drive safely. Information about a person may come from many sources, including but not limited to, a report from any of the following: (a) A physician or health care provider; (b) A physician or health care provider from another jurisdiction; (c) Any member of the public, including a family member, friend or neighbor; (d) A report from a police officer or a court; (e) A DMV representative; or (f) The person, when the person seeks issuance, renewal or replacement of their driving privileges from DMV, or when the person voluntarily requests to take a DMV test. (5) A report may describe: (a) A possible mental or physical condition or impairment, a vision problem, or a possible problem condition involving an intoxicant that indicates the person is no longer qualified to hold a driver license, driver permit or endorsement; (b) An unsafe or dangerous driving behavior that indicates the person is not able to drive safely; (c) That the person no longer has the skills necessary to safely operate a motor vehicle; or (d) That the person could have a loss of consciousness or control while driving, resulting in loss of control of a motor vehicle. (6) These OAR 735, division 076, rules provide procedures for: (a) Review of non-mandatory reports; (b) Obtaining of required information necessary to determine if a person remains qualified for driving privileges; and (c) Taking of necessary action when a determination is made that the person is no longer qualified for driving privileges. Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419 Statutes/Other Implemented: ORS 807.340 History: DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025 DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021 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 36-2018, amend filed 08/22/2018, effective 08/22/2018 DMV 6-2006, f. & cert. ef. 5-25-06 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03 MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0440
735-076-0008 Designating At-Risk Medical Determination Standards DMV adopts the “At-Risk Medical Determination Standards,” revised May 2025, as the standards used by DMV’s Medical Determination Officers when determining a person’s medical eligibility for driving privileges and whether one or more of the following are required: (1) Additional medical information; (2) Successful completion of DMV tests; or (3) Medical recertification at a later date. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419 Statutes/Other Implemented: ORS 807.340 History: DMV 12-2025, adopt filed 07/24/2025, effective 07/24/2025
735-076-0009 Voluntary Request to Test (1) A person who currently holds a valid driver license may voluntarily request to take a knowledge test, a drive test, or both as a way to verify the person possesses the knowledge and skill needed to safely operate a motor vehicle. (2) DMV will test a person who is not applying for additional driving privileges, if the person expresses a concern to DMV staff regarding the retention of the knowledge and skills necessary to safely operate a motor vehicle. (3) A person may request to take a knowledge test, a drive test, or both tests. (4) A person must successfully pass DMV’s vision screening or provide DMV with a completed Certificate of Vision (DMV form 735-24) that shows the person’s vision meets the standards established in OAR 735-062-0050 before DMV may perform a drive test. (5) The failure to pass a test taken as part of a voluntary request to test is an indication that the person may no longer have the knowledge or skills necessary to safely operate a motor vehicle. To retain driving privileges, the person must pass DMV testing in accordance with OAR 735-076-0010. Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419 Statutes/Other Implemented: ORS 807.070, 809.419 & 807.340 History: DMV 8-2025, minor correction filed 07/16/2025, effective 07/16/2025 DMV 36-2018, adopt filed 08/22/2018, effective 08/22/2018
735-076-0010 The Testing Process (1) If DMV determines a person must reestablish eligibility by taking tests as described in OAR 735-076-0007(2) or after failing a test voluntarily requested as described in OAR 735-076-0009, DMV will issue a notice to the person that the person must reestablish eligibility by successfully completing DMV’s vision, knowledge and drive tests within 90 days of issuing the notice. (2) The person may request an extension within 30 days of the date of issuing the notice. DMV may grant an extension, not to exceed 60 additional days, if: (a) The person is seriously ill or injured and a physician, nurse practitioner or physician associate 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 has passed the vision and knowledge tests and the first available appointment for a drive test is after the effective date of the suspension for failure to pass tests. (3) The person must test in the person’s current license class, unless the person voluntarily chooses to test for a lower class of license. (4) Before DMV will conduct a drive test, the person must successfully complete all other required tests. (5) If the person is unable to pass the DMV vision screening, DMV will require the person to have a vision specialist complete a Certificate of Vision form (DMV form 735-024). DMV will only provide a knowledge or drive test if the completed form indicates that the person's vision meets DMV's standards as set forth in OAR 735-062-0050. (6) The waiting periods between knowledge tests are listed in OAR 735-062-0040. (7) As set forth in OAR 735-062-0073, DMV may refuse to continue a drive test if a DMV employee reasonably believes that the person is likely to endanger persons or property while being tested, and further testing may be denied and driving privileges cancelled if DMV determines the person is likely to endanger persons or property during subsequent testing. Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419 Statutes/Other Implemented: ORS 807.070, 807.340 & 809.419 History: DMV 17-2024, minor correction filed 06/10/2024, effective 06/10/2024 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 36-2018, amend filed 08/22/2018, effective 08/22/2018 DMV 6-2006, f. & cert. ef. 5-25-06 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03 MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0450
735-076-0015 When a Driver Medical Report Form or Certificate of Vision Form is Required (1) When DMV determines a Driver Medical Report form (DMV form 735-6587) is necessary to determine the person’s continuing eligibility for driving privileges, as described in OAR 735-076-0007(4), DMV will send the form to the person and notify them that the form must be submitted to DMV for a determination of medical eligibility by DMV’s Medical Determination Officer. The form must be completed by the person’s treating physician or health care provider managing the condition and returned to DMV within 60 days of the date on the notice. If DMV does not timely receive the completed form, DMV will suspend the person’s driving privileges. (2) The completed Driver Medical Report form must include all of the following: (a) The signature of the person’s treating physician or health care provider managing the condition and the date signed. (b) The date of most recent clinical contact, which must be after the date of incident or examination on which the report to DMV was based. (c) The condition or diagnosis related to the driving concern, and responses addressing the condition and all of the reported concerns. (d) Whether the condition is: (A) Acute, chronic, progressive, or resolved; (B) New or has increased in severity in the last six months; and (C) Well controlled, including the duration of stability. (e) Whether the patient complies with medication and treatment. (f) The name, professional license or certification number and signature of the treating physician, health care provider or treating physician or health care provider from another jurisdiction. (3) When DMV determines a Certificate of Vision form (DMV form 735-024) is necessary to determine the person’s continuing eligibility for driving privileges, as described in OAR 735-076-0007(3), DMV will send the form to the person and inform the person that the form must be completed by their vision specialist and show that their vision meets state standards, as defined in OAR 735-062-0050. The date of the clinical contact must be within the six months prior to the date of signature by the treating vision specialist. The form must be completed and submitted to DMV within 60 days of the date on the notice. If DMV does not timely receive the completed form, DMV will suspend the person’s driving privileges. Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419 Statutes/Other Implemented: ORS 807.340 History: DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025 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 6-2006, f. & cert. ef. 5-25-06
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 these OAR 735, division 076, rules, who is otherwise eligible for driving privileges, may obtain a Restricted Applicant Temporary Permit for the express purpose of taking driving lessons for a Class C noncommercial driver license in accordance with OAR 735-076-0052. Statutory/Other Authority: ORS 184.619, 802.010, 807.120, 807.340 & 809.419 Statutes/Other Implemented: ORS 807.120 & 807.340 History: DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025 DMV 8-2011, f. & cert. ef. 6-21-11 DMV 6-2006, f. & cert. ef. 5-25-06 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03 MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0490
735-076-0060 Hearing Provisions A person issued a notice of suspension or cancellation under these rules has the right to request a contested case hearing. To request a hearing, the person must submit a hearing request that meets the requirements of OAR 735-074-0220. Statutory/Other Authority: ORS 184.616, 184.619, 807.340 & 809.410 Statutes/Other Implemented: ORS 807.340 History: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03 MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0495
735-080-0011 Definitions For the purposes of ORS 811.604 and OAR 735-080-0011 to 735-080-0080 the following definitions apply: (1) “DMV” means the Oregon Department of Transportation, Driver and Motor Vehicle Services. (2) “Person with a disability” has the meaning set forth in ORS 801.387. (3) “Physician” means a person who is licensed as a Medical Doctor, Doctor of Osteopathic Medicine or Doctor of Podiatric Medicine. (4) “Travel” means to park a vehicle in a disabled person parking space that requires a permit and then to travel to a location outside of the person’s county of residence where the person will use the duplicate permit to park a different vehicle. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 801.387, 807.090, 811.602, 811.603, 811.604, 811.606, 811.609 & 811.611 History: DMV 1-2024, adopt filed 01/26/2024, effective 01/26/2024