justicedao/ipfs_state_laws huggingface dataset:
735-070-0130 Fatal Accident Suspension (1) DMV will use the following definitions when determining whether to issue a suspension order under ORS 809.417(3): (a) "Criminal negligence" is as defined in ORS 161.085(10) which states "that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation." (b) "Incompetence" means driving in a manner that indicates lack of ability or fitness to safely operate a motor vehicle. (c) "Recklessness" is as defined in ORS 161.085(9), which states "that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation." (d) "Unlawful operation" means driving in a manner that would constitute commission of a traffic offense as defined by ORS 801.555 and includes any traffic offense under any federal law or any law of another state, including subdivisions thereof, that substantially conforms to a traffic offense as defined by Oregon statute. (2) A suspension under ORS 809.417(3) will be for a period of one year. Statutory/Other Authority: ORS 184.616, 184.619 & 809.417 Statutes/Other Implemented: ORS 809.417 History: DMV 22-2003, f. 12-15-03 cert. ef. 1-1-04 DMV 6-1997, f. & cert. ef. 7-15-97 MV 13-1989, f. & cert. ef. 3-20-89
735-070-0145 Counting Convictions Toward Habitual Offender Revocation (1) In accordance with ORS 801.020(11)(c), if a person is convicted of more than one offense arising from the same incident as described in: (a) ORS 809.600(1), only one of the convictions will count toward the Habitual Offender Program. (b) ORS 809.600(2), only one of the convictions will count toward the Habitual Offender Program. (2) In accordance with ORS 801.020(11)(c), if a person is convicted of more than one offense arising from the same incident, with at least one offense described in ORS 809.600(1) and at least one offense described in ORS 809.600(2), the more serious offense as described in ORS 809.600(1) will count toward the Habitual Offender Program. (3) If DMV orders a five-year revocation based on three convictions within five years for offenses described in ORS 809.600(1) or for 20 convictions within five years for offenses described in ORS 809.600(2), those convictions will not be counted toward a possible future revocation under the Habitual Offender Program. (4) DMV will not count an out-of-state conviction under the habitual offender program when the conviction is entered to the record at the time Oregon becomes the person’s state of record. Statutory/Other Authority: ORS 184.619, 802.010 & 802.200 Statutes/Other Implemented: ORS 801.020, 802.200, 809.600, 809.610 & 809.640 History: DMV 15-2025, amend filed 11/13/2025, effective 01/01/2026 DMV 14-2019, adopt filed 06/21/2019, effective 06/21/2019
735-070-0170 Hearing Regarding Civil Penalty for Violation of an Out-of-Service Order or Notification of Violation (1) When a civil penalty is imposed under ORS 813.055, the operator of a commercial motor vehicle has a right to a contested case hearing in accordance with ORS 183.745. The amount of the civil penalty is not an issue at the hearing, and the administrative law judge presiding at the contested case hearing may not reduce the amount of the civil penalty. (2) The schedule of civil penalties is assessed as follows: (a) $3,861 for the first violation of an out-of-service order or notice. (b) $7,723 for a second or subsequent violation of an out-of-service order or notice. Statutory/Other Authority: ORS 184.619, 802.010 & 813.055 Statutes/Other Implemented: ORS 813.055, 49 CFR §383.53 & Appendix B to 49 CFR Part 386, paragraph (b)(1) History: DMV 6-2024, amend filed 05/14/2024, effective 05/14/2024 DMV 16-2023, amend filed 07/18/2023, effective 07/18/2023 DMV 16-2022, amend filed 11/17/2022, effective 01/01/2023 DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 17-2008, f. & cert. ef. 7-23-08 MV 13-1993, f. 10-22-93, cert. ef. 11-4-93
735-072-0000 Application of the Driver Improvement Program (1) All drivers in this state are subject to the provisions of one of the Driver Improvement Programs established by this division. (2) The provisional driver improvement program applies to drivers who have reached 14 years of age but who have not yet reached 18 years of age. (3) The adult driver improvement program applies to drivers 18 years of age or older. Statutory/Other Authority: ORS 184.616, 184.619 & 809.480 Statutes/Other Implemented: ORS 809.480 History: DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02 DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02 DMV 10-1994, f. 9-30-94, cert. ef. 10-1-94 MV 23-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-031-0300 MV 24-1985, f. 12-31-85, ef. 1-1-86
735-072-0010 Purpose of the Driver Improvement Program This division establishes the Driver Improvement Programs as authorized by ORS 809.480. Both the Provisional and Adult Driver Improvement Programs have as their goal the reduction of traffic convictions and especially accidents. Statutory/Other Authority: ORS 184.616, 184.619 & 809.480 Statutes/Other Implemented: ORS 809.480 History: DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02 DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02 MV 24-1985, f. 12-31-85, ef. 1-1-86, Renumbered from 735-031-0305
735-072-0020 Driver Improvement Program Definitions The following definitions apply to rules for the Provisional Driver Improvement Program and Adult Driver Improvement Program: (1) “Adult driver” means a driver 18 years of age or older. (2) “Conviction” means a determination of guilt by a court of law upon a plea, verdict, finding, or unvacated bail forfeiture. (3) “DMV” means the Driver and Motor Vehicle Services Division of the Department of Transportation. (4) “Driver improvement program” includes the Provisional Driver Improvement Program and the Adult Driver Improvement Program. (5) “Driver improvement offense” means: (a) A preventable accident; or (b) One conviction for an offense listed in OAR 735-064-0220. (6) “Driver license” has the meaning specified in ORS 801.245. (7) “Preventable accident” means a traffic accident reported by a police officer that indicates a driver failed to do everything a driver reasonably could have done to prevent the accident. (8) “Provisional driver” means a driver who has reached 14 years of age but has not yet reached 18 years of age. (9) “Record review date” means the date on which DMV reviews a driving record to: (a) Record a driver improvement offense to a person’s driving record; (b) Grant driving privileges or fully reinstate the driving privileges following a suspension or revocation; or (c) Consolidate multiple driving records into a single customer record, upon determining that DMV created more than one record for the same person. Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 809.480 Statutes/Other Implemented: ORS 802.200 & 809.480 History: DMV 20-2025, amend filed 11/14/2025, effective 01/01/2026 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 11-2019, minor correction filed 04/26/2019, effective 04/26/2019 DMV 3-2013, f. 4-22-13, cert. ef. 5-1-13 DMV 2-2011, f. & cert. ef. 3-2-11 DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02 DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02 DMV 10-1994, f. 9-30-94, cert. ef. 10-1-94 MV 23-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-031-0310 MV 24-1985, f. 12-31-85, ef. 1-1-86
735-072-0027 Adult Driver Improvement Program (1) A driver whose record review date is on or after the person has reached 18 years of age is subject to the Adult Driver Improvement Program. DMV will look back from the record review date to the incident date that resulted in a conviction or the date of a preventable accident to determine if a person is subject to the Adult Driver Improvement Program. (2) DMV will restrict the license or instruction permit of an adult driver who within the 24-month period immediately prior to the record review date has three driver improvement offenses. (3) The following apply to adult restrictions: (a) DMV will restrict the license or instruction permit of an adult driver to prohibit driving between the hours of 12 midnight and 5 a.m., unless driving between home and work or driving for purposes of employment. (b) DMV will impose the restriction for a period of 30 days. DMV will notify the adult driver by letter that the restriction will begin 30 days from the date of the letter. During the restriction period, the adult driver must carry the restriction letter at all times the person is driving a motor vehicle. (c) DMV will not impose a restriction for an adult driver who does not have valid driving privileges at the time of the record review date. (4) DMV will suspend the driving privileges or right to apply for driving privileges of an adult driver who within the 24-month period immediately prior to the record review date has five driver improvement offenses. (5) For each subsequent driver improvement offense, DMV will suspend the driving privileges or right to apply for driving privileges of an adult driver, regardless of a previous or current Driver Improvement Program suspension(s), who within the 24-month period immediately prior to the record review date has five or more driver improvement offenses. (6) The suspension period under sections (4) and (5) of this rule will be for 30 days. The suspension will run concurrently with any other suspension, revocation, or cancellation in effect at the time the suspension begins. Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 809.480 Statutes/Other Implemented: ORS 802.200 & 809.480 History: 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 19-2004, f. & cert. ef. 8-20-04 DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02 DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
735-072-0041 DMV Determination of Driver Improvement Offenses for the Driver Improvement Program (1) A conviction for an offense listed in OAR 735-064-0220 and a preventable accident arising from a single incident each count as a separate driver improvement offense. DMV will add no more than two driver improvement offenses to the record for a single incident. (2) If a person is convicted of more than one offense arising from a single traffic stop, the convictions for separate offenses constitute one conviction and are a driver improvement offense if at least one of the convictions is for an offense listed in OAR 735-064-0220. (3) DMV will not count an out-of-state conviction under the driver improvement program when the conviction is entered to the record at the time Oregon becomes the person’s state of record. (4) DMV may determine if an accident is preventable. Factors DMV uses to determine preventability include but are not limited to: (a) Violations of the law, even if a citation is not issued; (b) Failure to use defensive driving techniques; (c) Road conditions existing at the time of the accident; and (d) Speed of the driver’s vehicle. Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 809.480 Statutes/Other Implemented: ORS 802.200 & 809.480 History: DMV 15-2025, amend filed 11/13/2025, effective 01/01/2026 DMV 40-2020, adopt filed 12/11/2020, effective 01/01/2021 DMV 22-2020, temporary adopt filed 06/25/2020, effective 07/06/2020 through 01/01/2021
735-072-0050 Rights to a Hearing or Administrative Review Hearing and administrative review procedures for suspensions under OAR 735-072-0023 and 735-072-0027 are as established by ORS 809.440(1), (2) and (5). (1) A person whose suspension is based solely on conviction records received from a court is entitled to an administrative review. (2) A person whose suspension is based, in any part, on a report of a preventable accident is entitled to a contested case hearing. (3) It shall be a defense to a suspension under OAR 735-072-0023 and 735-072-0027 if the person can establish that all of the convictions on which the department’s suspension action is based occurred when the person had valid driving privileges issued by another jurisdiction. Statutory/Other Authority: ORS 184.616, 184.619 & 809.480 Statutes/Other Implemented: ORS 809.480 History: DMV 2-2011, f. & cert. ef. 3-2-11 DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02 DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02 MV 19-1991, f. & cert. ef. 9-18-91 MV 24-1985, f. 12-31-85, ef. 1-1-86, Renumbered from 735-031-0325
735-074-0050 Policy and Objective (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 medically 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 rules, OAR 735, division 074, to establish a program for the mandatory reporting to DMV of those drivers who have functional and cognitive impairments that may affect the person's driving ability. OAR 735, division 076, also authorizes acceptance of a mandatory report as a non-mandatory report when the report fails to meet mandatory reporting requirements, but does meet non-mandatory reporting requirements. 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 6-2006, f. & cert. ef. 5-25-06 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0060 Purpose (1) DMV recognizes that some persons have, or may develop, cognitive or functional impairments that affect driving ability. DMV acknowledges that the purpose of these OAR 735, division 074, rules is to prevent injury or death by establishing requirements for the mandatory reporting by physicians and health care providers of those persons with severe and uncontrollable cognitive or functional impairments affecting a person's ability to safely operate a motor vehicle. (2) These OAR 735, division 074, rules designate: (a) Those physicians and health care providers required to report and the cognitive or functional impairments that must be reported to DMV under ORS 807.710; (b) The procedures for making a mandatory report to DMV; (c) The process followed by DMV when it receives a report; and (d) The process a person who wants to keep or regain their driving privileges must follow. 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 6-2006, f. & cert. ef. 5-25-06 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0070 Authority to Obtain Medical Information and DMV Use of Medical Information (1) DMV is authorized by law, ORS 807.710, to receive protected health information from covered health entities for the purpose of preventing injury which may be caused by drivers who are unable to safely operate a motor vehicle because of severe and uncontrollable cognitive or functional impairments. DMV is the state agency responsible for public health matters relating to the monitoring of drivers who may be ineligible for driving privileges because of a mental or physical disease or disability resulting in a cognitive or functional impairment that affects the driver’s ability to safely operate a motor vehicle. (2) DMV will use the medical information provided by physicians and health care providers only to determine whether or not a person can safely operate a motor vehicle and is qualified for driving privileges, and for taking any action deemed necessary by DMV. The protected health information required to be reported by these rules is the minimum necessary to accomplish the purposes of ORS 807.060, 807.090, 807.350, 807.710 and 809.410. Statutory/Other Authority: ORS 184.616, 184.619 & 807.710 Statutes/Other Implemented: ORS 807.710 History: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0072 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; and (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 & 807.710 Statutes/Other Implemented: ORS 807.710 History: DMV 12-2025, adopt filed 07/24/2025, effective 07/24/2025
735-074-0090 Physicians and Health Care Providers Required to Report to DMV (1) If providing health care services to a person meeting the criteria set forth in OAR 735-074-0100 or 735-074-0110, the following physicians and healthcare providers must submit a report to DMV as described in OAR 735-074-0120: (a) The person’s primary care provider. (b) A physician or healthcare provider providing emergency healthcare services. (c) A physician or a health care provider providing a specialist evaluation or ongoing specialist healthcare services for a cognitive or functional impairment meeting the criteria set forth in OAR 735-074-0110. (d) A hospitalist serving as the primary care provider while the patient is hospitalized. (2) A physician or health care provider providing a specialist evaluation or specialist healthcare services related to a cognitive or functional impairment meeting the criteria set forth in OAR 735-074-0110, must: (a) Submit a report to DMV; or (b) Provide one or more of the following to the referring provider: (A) Applicable findings. (B) Test results. (C) An evaluation or treatment report. (3) Upon receipt of any of the items identified in subsection (2)(b) of this rule, the referring provider must submit a report to DMV when the cognitive or functional impairment meets the criteria set forth in OAR 735-074-0110. (4) An ophthalmologist or optometrist providing health care services to a person who does not meet the DMV vision standards set forth in OAR 735-062-0050 with corrective lenses or devices must: (a) Submit a report to DMV; or (b) Provide the findings or test results to the person’s primary care provider. Upon receipt of findings from the ophthalmologist or optometrist, the primary care provider must submit a report to DMV. (5) Notwithstanding section (1) of this rule, a physician or health care provider providing health care services to a person meeting the criteria set forth in OAR 735-074-0100 and 735-074-0110, is not required to submit a report to DMV if the person is incapacitated and not expected to regain the ability to drive. 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 14-2024, minor correction filed 06/10/2024, effective 06/10/2024 DMV 12-2013, f. & cert. ef. 9-24-13 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0100 Report of Visual Acuity or Field of Vision not Meeting DMV Standards (1) A physician or health care provider must submit a report to DMV if providing health care services to a person whose vision does not meet the standards established in OAR 735-062-0050(2). (2) Notwithstanding section (1) of this rule, a report is not required if by use of corrective lenses the person’s vision meets DMV vision standards under OAR 735-062-0050 and a use of corrective lenses restriction is on the person’s driver license. For purposes of this rule, corrective lenses do not include bioptic or telescopic lenses. Statutory/Other Authority: ORS 184.616, 184.619 & 807.710 Statutes/Other Implemented: ORS 807.710 History: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0110 Severe and Uncontrollable Impairments that must be Reported to DMV As required by OAR 735-074-0090, a physician or health care provider must submit a report, as described in 735-074-0120, to DMV when providing health care services to a person, 14 years of age or older, and who has one or more of the following cognitive or functional impairments which is severe and uncontrollable: (1) Functional impairments include sensory impairments affecting peripheral sensation of extremities, including but not limited to: tingling and numbness and loss of position sense in extremities affecting the ability to feel, grasp, manipulate or release objects or use foot controls effectively. (2) Functional impairments include motor impairments affecting the following areas: (a) Strength, including but not limited to: (A) The inability to consistently maintain a firm grip on objects; (B) The inability to apply consistent pressure to objects with legs and feet; (C) Weakness or paralysis of muscles affecting the ability to maintain sitting balance; or (D) Weakness or paralysis in extremities affecting the ability to feel, grasp, manipulate or release objects or use foot controls effectively. (b) Flexibility, including but not limited to: rigidity or limited range of mobility in neck, torso, arms, legs or joints. (c) Motor planning and coordination, including but not limited to: (A) Difficulty and slowness in initiating movement; (B) Vertigo, dizziness, loss of balance or other motor planning conditions; (C) Involuntary muscle movements; or (D) Loss of muscle control. (3) Cognitive impairments affecting the following areas: (a) Attention, including but not limited to: (A) Decreased awareness; (B) Reduction in the ability to efficiently switch attention between multiple objects; or (C) Reduced processing speed. (b) Judgment and problem solving, including but not limited to: (A) Reduced processing speed; (B) An inability to understand a cause and effect relationship; or (C) A deficit in decision making ability. (c) Reaction time, including but not limited to a delayed reaction time. (d) Planning and sequencing, including but not limited to: (A) A deficit in the ability to anticipate or react to changes in the environment; or (B) Problems with sequencing activities. (e) Impulsivity, including but not limited to: (A) Lack of emotional control; or (B) Lack of decision making skills. (f) Visuospatial, including but not limited to problems determining spatial relationships. (g) Memory, including but not limited to: (A) Problems with confusion or memory loss; or (B) A decreased working memory capacity. (h) Loss of consciousness or control. Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 807.710 Statutes/Other Implemented: ORS 807.710 History: DMV 6-2006, f. & cert. ef. 5-25-06 DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03