justicedao/ipfs_state_laws huggingface dataset:
735-063-0390 CMV Used In Human Trafficking (1) For the purposes of ORS 809.520(2) and this rule: (a) DMV adopts the following defined terms in effect as of January 1, 2021: (A) 22 USC 7102(1) - Abuse or threatened abuse of law or legal process; (B) 22 USC 7102(3) - Coercion; (C) 22 USC 7102 (4) - Commercial sex act; (D) 22 USC 7102(7) - Debt bondage; (E) 22 USC 7102(8) - Involuntary servitude; and (F) 22 USC 7102(12) - Sex trafficking. (b) “Severe forms of trafficking in persons” has the meaning provided in 22 USC 7102(11) in effect as of January 1, 2021, and includes, but is not limited to, the following convictions: (A) ORS 163.266 (Trafficking in persons); (B) ORS 163.413 (Purchasing sex from a minor); (C) ORS 167.008 (Commercial sexual solicitation); (D) ORS 167.017 (Compelling prostitution); (E) ORS 163.263 (Subjecting another person to involuntary servitude in the second degree); (F) ORS 163.264 (Subjecting another person to involuntary servitude in the first degree); (G) 18 U.S.C. §1584(a) (Involuntary servitude); (H) 18 U.S.C. §1589(a) (Forced labor); (I) 18 U.S.C. §1591 (Sex trafficking of children or by force, fraud, or coercion); (J) 18 U.S.C. §2423(a) (Transportation of minor - Transportation With Intent To Engage in Criminal Sexual Activity); and (K) 18 U.S.C. §2423(b) (Transportation of minor - Travel With Intent To Engage in Illicit Sexual Conduct). (2) DMV will permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record of conviction for a crime in which a commercial motor vehicle was used and that involved an act or practice of severe forms of trafficking in persons. (3) DMV will permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a conviction with a U11 ACD code, using a CMV in the commission of severe forms of trafficking in persons . (4) A request for an administrative review of a permanent suspension of a commercial driving privileges under this rule must comply with the requirements established under ORS 809.440 and OAR 735-001-0050. Statutory/Other Authority: ORS 184.619, 802.010 & 809.520 Statutes/Other Implemented: 809.440, 809.520, 809.545 & 49 CFR 383,51 History: DMV 9-2022, adopt filed 09/21/2022, effective 09/21/2022
735-064-0005 Definitions As used in Division 64 rules, unless the context requires otherwise: (1) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation. (2) “DUII” means driving under the influence of intoxicants. (3) “Fee” means an amount described in ORS 807.370. (4) “IID” means ignition interlock device. (5) “Intoxicant” has the meaning set forth in Oregon Laws 2023, Chapter 498. (6) “Immediate family” means the applicant's spouse or partner in a domestic partnership, children, stepchildren, brother, sister, mother, father, mother-in-law, father-in-law, grandmother or grandfather. (7) “Family member” means any of the following relatives who live within the same household as the applicant: the applicant's spouse or partner in a domestic partnership, children, stepchildren, brother, sister, mother, father, mother-in-law, father-in-law, grandmother or grandfather. (8) “Necessary Services” means driving to and from grocery shopping, driving the applicant or the applicant's children to and from school, driving to and from childcare, driving to and from medical appointments and caring for elderly family members. (9) “Care for elderly family member” means driving to and from the residence of the elderly family member. (10) “Oregon resident” means a person who is domiciled in this state as defined by ORS 803.355 or is a resident of this state as defined by ORS 807.062(4) and (5). (11) “Private transportation” means family members, friends or fellow employees who are able to serve the applicant's transportation needs. (12) “Public transportation” means bus, shuttle or commuter service that is able to serve the applicant's transportation needs. Statutory/Other Authority: ORS 184.619, 802.010, 807.240 & 807.270 Statutes/Other Implemented: ORS 807.240 & 813.520 History: DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 21-2023, amend filed 09/19/2023, effective 09/19/2023 DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021 DMV 35-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 26-2018, minor correction filed 08/16/2018, effective 08/16/2018 DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 2-2013, f. & cert. ef. 3-22-13 DMV 12-1996, f. & cert. ef. 12-20-96; DMV 2-2001, f. & cert. ef. 1-17-01: DMV 15-2001, f. & cert. ef. 9-21-01; DMV 2-2006, f. & cert. ef. 2-15-06; DMV 17-2006, f. & cert. ef. 11-17-06; DMV 5-2008, f. & cert. ef. 2-4-08
735-064-0060 Standards for Issuance of Hardship Permits (1) All hardship permits are restricted to minimally meet the applicant’s needs. Upon request, the permit holder must submit verification of those needs to DMV or law enforcement. The person must have the hardship permit in addition to a valid driver license in the person's possession at all times when driving. (2) DMV may issue hardship permits only for the following purposes: (a) Occupational and employment purposes; (b) Occupational training or education that is required by the applicant’s employer; (c) Transportation to and from a gambling addiction, alcohol or drug treatment or rehabilitation program; (d) To seek employment; (e) To obtain medical treatment on a regular basis for the person or a member of the person’s immediate family; and (f) For necessary services, as defined in OAR 735-064-0005. (3) A hardship permit will not be issued for more than 12 hours of driving on any one day, except for transportation to and from a gambling addiction, alcohol or drug treatment or rehabilitation program. (4) A hardship permit holder may obtain vehicle fuel while driving within the restrictions of the permit. (5) A hardship permit issued to seek employment will not be issued for a period of more than 120 days at a time. (6) DMV may deny a hardship permit to an applicant who has public or private transportation available which is sufficient to serve the applicant’s transportation needs as established in section (2) of this rule. (7) DMV will determine whether public or private transportation is sufficient to serve the applicant’s need based upon the following criteria: (a) Convenience in terms of hours and distance; (b) Requirements of occupation or employment; (c) Physical limitations of applicant; and (d) Personal safety of applicant. (8) An applicant with multiple suspensions, multiple revocations under ORS 809.600, or combination of suspensions(s) and revocations(s), must satisfy the requirements for each type of suspension and revocation to obtain a hardship permit. (9) If the applicant is suspended under ORS 809.260 the applicant may apply either for privileges granted under a hardship permit as described in this rule or an emergency permit as described in OAR 735-064-0230, but not both. Statutory/Other Authority: ORS 184.619, 807.240 & 802.010 Statutes/Other Implemented: ORS 807.240 History: DMV 35-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 2-2013, f. & cert. ef. 3-22-13 DMV 25-2003, f. 12-15-03 cert. ef. 1-1-04 DMV 12-1996, f. & cert. ef. 12-20-96 MV 17-1991, f. 9-18-91, cert. ef. 9-29-91 MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0105 MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87 MV 17-1986, f. & ef. 10-1-86 MV 7-1984, f. 6-29-84, ef. 7-1-84
735-064-0080 How the Hardship Permit Is Issued (1) DMV will mail a hardship permit to the address the applicant submitted on the applicant's hardship permit application, or DMV may print a hardship permit for the applicant at any DMV office, when all of the documents are received by DMV and a hardship permit is approved. (2) A replacement license is included in the fee for the hardship driver permit application imposed under ORS 807.370(1)(L). The applicant must apply for and pay the applicable driver license renewal or original issuance fee set forth in ORS 807.370 to renew a driver license or to be issued an original driver license. (3) A Real ID issued under this section shall be subject to any fee imposed under ORS 807.460. (4) The hardship permit will contain specific restrictions applicable to the applicant. The person must carry the hardship permit in addition to a valid driver license at all times while driving. (5) Notwithstanding OAR 735-064-0110, a hardship permit is valid until one of the following occurs, whichever comes first: (a) The end date of the suspension or revocation, if the permit holder was eligible for a hardship permit as provided in OAR 735-064-0040(1)(a); (b) The date the permit holder provides proof of treatment or is no longer required to provide proof of treatment to DMV under ORS 813.022, if the permit holder was eligible for a hardship permit as provided in OAR 735-064-0040(1)(b); (c) The date the permit holder is no longer required to install and use an IID on any vehicle the person operates, if the permit holder was eligible for a hardship permit as provided in OAR 735-064-0040(1)(b); (d) The end date of the hardship permit, if the permit was issued for the purposes of seeking employment under OAR 735-064-0060(5); or (e) The expiration date of the person’s driver license. (6) A hardship permit holder must pay a renewal fee to extend the expiration date of a hardship permit. The fee upon renewal of a hardship driver permit is the same fee as that charged for renewal of a driver license under ORS 807.370(5)(a). (7) If a hardship permit holder is renewing a driver license and the person’s hardship permit is valid until the expiration date of the person’s driver license as provided in section (5) of this rule, DMV will charge one renewal fee for the driver license to renew both the driver license and the hardship permit. Statutory/Other Authority: ORS 184.619, 802.010 & 807.240 Statutes/Other Implemented: ORS 807.240 History: DMV 17-2025, amend filed 11/13/2025, effective 01/01/2026 DMV 20-2021, amend filed 09/13/2021, effective 09/13/2021 DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 4-2002, f. & cert. ef. 3-14-02 DMV 12-1996, f. & cert. ef. 12-20-96 MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0110 MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87 MV 17-1986, f. & ef. 10-1-86 MV 7-1984, f. 6-29-84, ef. 7-1-84
735-064-0090 How to Change the Hardship Permit Driving Restrictions (1) When a person needs to change the driving restrictions on a hardship permit, the person must submit a request with new information, as described in this rule, to the Driver Sanctions Unit, DMV, 1905 Lana Avenue N.E., Salem, Oregon 97314, or online at https://DMV2U.oregon.gov. (2) A person must submit verification of employment as required by OAR 735-064-0040, if the change requested is employment related and the person is required to drive as part of the person's job description. (3) A person who is eligible to drive to and from medical treatment as described in OAR 735-064-0040, must submit a signed statement from the physician as required in OAR 735-064-0040. (4) After receiving the information described in section (1) and either section (2) or (3) of this rule, DMV will mail the applicant a hardship permit with new driving restrictions. The person must have the hardship permit in addition to a valid driver license in the person's possession at all times while driving. (5) If a person is requesting a change to a hardship or probationary permit issued before January 1, 2019, any requirement in an applicable statute or administrative rule in effect immediately before January 1, 2019, applies. Statutory/Other Authority: ORS 184.619, 802.010 & 807.240 Statutes/Other Implemented: ORS 807.240 History: DMV 20-2021, amend filed 09/13/2021, effective 09/13/2021 DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 2-2006, f. & cert. ef. 2-15-06 DMV 12-1996, f. & cert. ef. 12-20-96 MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0115 MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87 MV 17-1986, f. & ef. 10-1-86 MV 7-1984, f. 6-29-84, ef. 7-1-84
735-064-0110 Consequences of Violations of Restrictions, Conditions, Limitations or Requirements of a Hardship Permit (1) DMV will suspend a person’s hardship permit when a person fails to maintain any of the requirements listed in this section. The suspension will remain in effect until the person complies with the requirement or until the requirement is no longer a condition of the hardship permit, as follows: (a) Failure to maintain a future responsibility filing required by ORS 807.240(3)(e); (b) Failure to maintain installation of an ignition interlock device as required by ORS 813.602(1)(a); (2) DMV will revoke a person’s hardship permit when a person commits a violation of any of the restrictions or conditions of a hardship permit as listed in OAR 735-064-0100. (3) DMV will revoke the hardship permit for 30 days, during which period the person is not eligible for another hardship permit. (4) At the end of a permit revocation period, the person may apply for another hardship permit, if otherwise eligible. The person must submit a new application, pay all required fees and meet all other permit requirements. (5) A person whose hardship permit is revoked based on a notice from a court as specified in ORS 809.140, is entitled to an administrative review under 809.440(2). The revocation will remain in effect pending the outcome of the administrative review. (6) A person whose hardship permit is revoked based on information other than that described in ORS 809.140, is entitled to a contested case hearing under 183.310 to 183.550. The revocation will not go into effect pending the outcome of the hearing. (7) A person whose hardship permit is suspended due to failure to maintain a requirement of the permit is entitled to an administrative review under OAR 735-001-0050. The suspension will remain in effect pending the outcome of the administrative review. Statutory/Other Authority: ORS 184.619, 802.010 & 807.240 Statutes/Other Implemented: ORS 807.240 History: DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 2-2013, f. & cert. ef. 3-22-13 DMV 28-2008, f. & cert. ef. 12-15-08 DMV 2-2006, f. & cert. ef. 2-15-06 DMV 4-2002, f. & cert. ef. 3-14-02 DMV 12-1996, f. & cert. ef. 12-20-96 DMV 5-1995, f. & cert. ef. 3-9-95 MV 17-1991, f. 9-18-91, cert. ef. 9-29-91 MV 4-1991, f. 6-18-91, cert. ef. 7-1-91 MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0125 MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87 MV 17-1986, f. & ef. 10-1-86 MV 7-1984, f. 6-29-84, ef. 7-1-84
735-064-0220 Traffic Offenses Used in Habitual Offender, Driver Improvement, CMV Serious Offenses and Hardship Driver Permit Programs (1) A conviction for an offense listed in Table 1 or Table 2 of this rule is a conviction for purposes of: (a) The Habitual Offender Program pursuant to ORS 809.600(2); (b) The Provisional Driver Improvement Program and Adult Driver Improvement Program authorized by ORS 809.480 and described in OAR 735, division 72; (c) Suspending the commercial driving privileges of a person under ORS 809.525 and OAR 735-063-0360 for committing a serious traffic offense, if the person violated a motor vehicle traffic control law and the offense is connected to a fatal accident; and (d) Revocation of a hardship permit pursuant to ORS 807.240, and OAR 735-064-0100 and 735-064-0110. (2) Table 1 (effective date March 17, 2025) lists the offenses and the citation to the Oregon statute, and any related administrative rule and federal regulation, for Oregon offenses used in the programs identified in section (1) of this rule. [Table 1 attached] (3) Offenses from other states are posted to driver records using an AAMVA Code Dictionary (ACD) code. Table 2 (effective date March 17, 2025) identifies the ACD code that appears on the driver record, a description of the ACD code offense and the citation to the Oregon statute, and any related administrative rule and federal regulation, describing a similar offense in Oregon. [Table 2 attached] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 184.619, 802.010, 809.480, 809.535 & 809.605 Statutes/Other Implemented: ORS 807.240, 809.480, 809.535, 809.600(2) & 809.605 History: DMV 7-2025, minor correction filed 05/14/2025, effective 05/14/2025 DMV 2-2025, amend filed 03/13/2025, effective 03/17/2025 DMV 40-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 22-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 28-2017, amend filed 12/19/2017, effective 01/01/2018 DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 5-2015, f. 6-19-15, cert. ef. 7-8-15 DMV 18-2011, f. 12-22-11, cert. ef. 1-1-12 DMV 28-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 19-2007, f. 12-24-07, cert. ef. 1-1-08 DMV 28-2005, f. & cert. ef. 12-14-05 DMV 21-2005(Temp), f. 9-19-05, cert. ef. 10-1-05 thru 3-29-06 DMV 4-2004, f. & cert. ef. 2-23-04 DMV 33-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04 DMV 11-2002, f. 6-24-02, cert. ef. 6-30-02 DMV 27-2001(Temp), f. 12-14-01, cert. ef. 1-1-02 thru 6-29-02 DMV 8-1998, f. & cert. ef. 6-19-98 DMV 5-1997, f. & cert. ef. 2-20-97 DMV 8-1995, f. & cert. ef. 6-19-95 MV 26-1991, f. & cert. ef. 11-18-91 MV 18-1991, f. 9-18-91, cert. ef. 9-29-91 MV 7-1990, f. & cert. ef. 5-16-90 MV 32-1989, f. & cert. ef. 10-3-89 MV 33-1987, f. & ef. 11-2-87, Renumbered from 735-031-0180 MV 17-1986, f. & ef. 10-1-86
735-064-0237 Cancellation of an Emergency Driver Permit or Special Student Driver Permit (1) A person issued an emergency driver permit or special student driver permit shall not drive outside the permit driving restrictions. DMV will cancel an emergency driver permit or special student driver permit if DMV determines that the permit holder has driven outside the permit driving restrictions. (2) In making a determination under section (1) of this rule, DMV may rely on information that indicates the person has driven outside the permit restrictions including, but not limited to the following: (a) A police report which indicates the permit holder has driven outside of the permit driving restrictions; (b) An accident report which indicates the permit holder has driven outside of the permit driving restrictions; (c) A letter, on Sheriff's Department letterhead, signed by the sheriff of the county in which the permit holder resides, which indicates the permit holder has driven outside of the permit driving restrictions; (d) A letter, on school letterhead, signed by the principal of the school the permit holder attends, which indicates the permit holder has driven outside of the permit driving restrictions; (e) Any court conviction which indicates the permit holder has driven outside of the permit driving restrictions; or (f) A written report from any individual which indicates the permit holder has driven outside of the permit driving restrictions. The report must be signed by the author and must identify the author in a manner which will allow DMV to contact him/her for further information, if necessary. (3) DMV will reissue driving privileges to a person whose special student driver permit is cancelled as outlined in OAR 735-070-0010(12). (4) DMV will reissue driving privileges to a person whose emergency driver permit is cancelled as outlined in OAR 735-070-0010(13). (5) The person whose emergency driver permit or special student driver permit is canceled will be provided notice and opportunity for an administrative hearing under ORS 809.310(1) and OAR 735-070-0020(6). Statutory/Other Authority: ORS 184.616, 184.619, 807.220 & 807.230 Statutes/Other Implemented: ORS 807.220 & 807.230 History: DMV 19-2006, f. & cert. ef. 12-13-06 DMV 4-1998, f. & cert. ef. 4-15-98
735-070-0000 Driver License Cancellations — Not Entitled to Driving Privileges (1) DMV will, under the provisions of ORS 807.350 and 809.310(1), cancel a person’s driving privileges if DMV determines the person is not entitled to or no longer qualified for a driver permit or driver license. (2) A person is not entitled to a driver permit or driver license if the person does not meet the eligibility requirements of ORS 807.024, 807.040, 807.060, 807.062, 807.065, 807.066 and 807.070. (3) A person is not entitled to a driver permit or driver license if the person’s driving privileges are suspended or revoked in any jurisdiction. Statutory/Other Authority: ORS 184.616, 184.619 & 802.010 Statutes/Other Implemented: ORS 802.540, 807.040, 807.050, 807.060, 807.070, 807.120, 807.150, 807.400 & 809.310 History: DMV 9-2010, f. & cert. ef. 4-28-10 DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08 DMV 3-2002, f. & cert. ef. 3-14-02 MV 16-1992, f. & cert. ef. 12-16-92 MV 14-1992, f. & cert. ef. 10-16-92 MV 8-1989, f. & cert. ef. 2-1-89 MV 19-1988, f. & cert. ef. 6-1-88 MV 11-1988(Temp), f. & cert. ef. 4-1-88 MV 16-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0061