justicedao/ipfs_state_laws huggingface dataset:
735-063-0210 CDL or CLP Medical Standards (1) DMV adopts 49 CFR 391.41 to 391.49 in effect as of April 1, 2022, pertaining to physical qualifications and medical examination of drivers of CMVs. (2) Any person who certifies a driving type of non-excepted interstate must meet the medical qualifications described in 49 CFR 391.41 to 391.49 or be exempted from those medical qualifications pursuant to 49 USC 31135 and 31136(e) and 49 CFR 381.300 to 381.330 to be issued or to retain an Oregon CDL or CLP. (3) Any person who certifies a driving type of excepted interstate or non-excepted intrastate must: (a) Meet the medical qualifications in section (2) of this rule to be issued or retain an Oregon CDL or CLP; or (b) Meet the medical qualifications for a Waiver of Physical Disqualification issued by DMV and described in 735-063-0240 to be issued or retain a restricted Oregon CDL or CLP. Statutory/Other Authority: ORS 184.619, 802.010, 807.040 & 809.419 Statutes/Other Implemented: ORS 807.040, 807.100, 809.419 & 49 CFR §391.41 – §391.49 History: DMV 13-2022, amend filed 09/21/2022, effective 09/21/2022 DMV 38-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 21-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 28-2018, minor correction filed 08/16/2018, effective 08/16/2018 Renumbered from 735-063-0050, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12 DMV 7-2011, f. & cert. ef. 6-21-11 DMV 8-2010, f. & cert. ef. 3-17-10 DMV 4-2009, f. & cert. ef. 2-20-09 Renumbered from 735-074-0260, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08 DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08 DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05 DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0140 MV 11-1992, f. & cert. ef. 9-28-92 MV 6-1990, f. & cert. ef. 4-2-90 MV 24-1988, f. & cert. ef. 7-1-88 MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0730
735-063-0230 Medical Qualification Procedures for CDL or CLP (1) An applicant for a CDL or CLP must be medically examined and certified in accordance with 49 CFR 391.43 as physically qualified to operate a CMV by a medical examiner, as defined in 49 CFR 390.5. The medical certification information is uploaded by a medical examiner to the National Registry and transmitted electronically to DMV. The information provided to DMV is proof of medical qualification, as described in OAR 735-063-0220. DMV will not issue a CDL or CLP if the person does not have a valid Medical Examiner’s Certification on file or if DMV receives information from the National Registry that a person’s proof of medical qualification is denied, rescinded, voided or revoked. (2) To maintain proof of medical qualification to operate a CMV, the holder of a CDL or CLP must have valid medical certification information in the CDLIS driver record. Proof of medical qualification must be electronically transmitted from the National Registry to DMV to be accepted by DMV. (3) DMV is not responsible for any expenses a CDL or CLP applicant or holder may incur to obtain and maintain medical certification or to update the National Registry. Statutory/Other Authority: ORS 184.619, 802.010 & 807.040 Statutes/Other Implemented: ORS 807.040, 807.100 & 807.150 History: DMV 3-2025, amend filed 03/25/2025, effective 06/23/2025 Renumbered from 735-063-0065, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 12-2012, f. & cert. ef. 9-20-12 DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12 DMV 7-2011, f. & cert. ef. 6-21-11 DMV 4-2009, f. & cert. ef. 2-20-09 Renumbered from 735-074-0290, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08 DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08 DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0170 DMV 11-1998, f. & cert. ef. 9-14-98 MV 6-1990, f. & cert. ef. 4-2-90 MV 4-1987, f. & ef. 5-18-87 MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0760
735-063-0265 Temporarily suspended until 04/10/2026. This rule language is not currently in effect. Issuance of Limited Term Non-Real ID CLP or CDL (1) An applicant who is lawfully present in the United States on a temporary basis may qualify for a limited term non-Real ID CLP or limited term non-Real ID CDL by providing one of the following documents: (a) Arrival/Departure Record (I-94 or CBI I94-A) issued by the United States Department of Homeland Security or Custom and Border Protection presented with or within a valid unexpired foreign passport. (b) Employment Authorization Document(I-766), unexpired. (2) DMV will not accept any document issued by the United States Immigration and Customs Enforcement Agency containing the statement: (a) Under Docket Control; (b) Under the Order of Supervision; or (c) Notice of Immigration Bond Cancelled. (3) DMV will not accept as the proof required by section (1) of this rule a document that is not verified through the Systematic Alien Verification for Entitlements (SAVE) system. (4) DMV will not accept any document as proof of lawful status in the United States that is: (a) Stamped cancelled; (b) Hole-punched; (c) Marked with clipped corners; (d) Altered; or (e) Amended, unless the amendments were completed by the issuing authority. (5) After determining that an applicant has met all requirements for a non-Real ID CLP or non-Real ID CDL and has provided proof of lawful status in the United States on a temporary basis, as described in this rule, DMV will issue a limited term non-Real ID CDL or limited term non-Real ID CLP and mail it to the address provided by the applicant at the time of the application. The expiration date of a limited term CLP or limited term CDL is a described in ORS 807.130(3). Statutory/Other Authority: ORS 184.619, 802.010, 807.730 & 49 CFR §§ 383.21, 383.23, 383.71 Statutes/Other Implemented: ORS 807.730 History: DMV 13-2025, temporary suspend filed 10/13/2025, effective 10/13/2025 through 04/10/2026 DMV 26-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2023, temporary amend filed 07/12/2023, effective 07/13/2023 through 01/08/2024 DMV 11-2023, amend filed 03/09/2023, effective 03/09/2023 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 14-2017, adopt filed 09/26/2017, effective 09/26/2017
735-063-0268 Temporarily suspended until 04/10/2026. This rule language is not currently in effect. Issuance of Limited Term Real ID CDL (1) An applicant who is lawfully present in the United States on a temporary basis may qualify for a limited term Real ID CDL by providing one of the following documents: (a) Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by an Arrival/Departure Record (I-94 or CBI I94-A) or a valid I-797A Notice of Action issued by the United States Department of Homeland Security or Custom and Border Protection documenting the applicants most recent admittance into the United States. (b) Employment Authorization Document (I-766), unexpired. (2) DMV will not accept any document issued by the United States Immigration and Customs Enforcement Agency containing the statement: (a) Under Docket Control; (b) Under the Order of Supervision; or (c) Notice of Immigration Bond Cancelled. (3) DMV will not accept as the proof required by section (1) of this rule a document that is not verified through the Systematic Alien Verification for Entitlements (SAVE) system. (4) DMV will not accept any document as proof of lawful status in the United States that is: (a) Stamped cancelled; (b) Hole-punched; (c) Marked with clipped corners; (d) Altered; or (e) Amended, unless the amendments were completed by the issuing authority. (5) After determining that an applicant has met all requirements for a limited term Real ID CDL and has provided proof of lawful status in the United States on a temporary basis, as described in this rule, DMV will issue a limited term Real ID CDL and mail it to the address provided by the applicant at the time of the application. The expiration date of a limited term Real ID CDL is described in OAR 735-062-0008(11). Statutory/Other Authority: ORS 184.619, 802.010, 807.730 & 49 CFR §§ 383.21, 383.23, 383.71 Statutes/Other Implemented: ORS 807.110 & 807.730 History: DMV 13-2025, temporary suspend filed 10/13/2025, effective 10/13/2025 through 04/10/2026 DMV 26-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2023, temporary amend filed 07/12/2023, effective 07/13/2023 through 01/08/2024 DMV 11-2023, amend filed 03/09/2023, effective 03/09/2023 DMV 24-2020, adopt filed 06/25/2020, effective 07/06/2020
735-063-0270 Acceptance of Tests Conducted Out-of-State When an applicant has received training in the operation of CMVs in another state and has taken and passed the CDL skills test in that state, DMV will accept the certification of a driver’s competency as evidenced by the entry of passing test scores in CSTIMS, as provided in 49 CFR 383.79. The ability of a CDL Third Party Examiner to access CSTIMS demonstrates that the Examiner has been approved to administer CDL skills tests by the driver licensing agency in that state. Statutory/Other Authority: ORS 184.616, 184.619 & 802.010 Statutes/Other Implemented: ORS 807.070, 807.072 & 807.080 History: DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
735-063-0280 Military Skills Waiver (1) DMV may waive the CDL skills test for an applicant for a Class A or B CDL if the applicant has military experience driving a Class A or B CMV and meets the following requirements: (a) The applicant holds or is eligible for an Oregon Class C driver license; (b) The applicant submits a completed Application for Military Skills Test Waiver and that application is approved within one year of qualifying service as a military service member, including the Commanding Officer’s certification of commercial driving experience, showing the applicant meets the conditions for a waiver of skills testing set forth in 49 CFR § 383.77(b); and (c) DMV determines, based on documentary evidence submitted by the applicant or any military department or agency of the United States Department of Defense that: (A) The class of CMV operated by the applicant in the military is equivalent to the class of CDL for which the applicant is applying; and (B) One of the applicant’s primary duties while serving in the military was operation of a CMV and included operation of a CMV on public roadways. (2) DMV shall issue a CDL skills test waiver to a successful applicant. The CDL skills test waiver is valid for six months from the date of issuance. (3) The skills test waiver waives only the skills test, as described in the letter, and does not waive a knowledge test or other DMV requirements for commercial driving privileges. (4) For the purposes of this rule: (a) “Military service member” means a member of the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, and their associated reserve, and National Guard units; and (b) “Qualifying service” means an individual who is regularly employed, or was regularly employed within the last year, in a military position requiring operation of a CMV. Statutory/Other Authority: ORS 184.619, 802.010 & 49 CFR § 383.77(b) Statutes/Other Implemented: ORS 807.070 & 807.072 History: DMV 38-2020, amend filed 12/11/2020, effective 01/01/2021 DMV 21-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
735-063-0315 Commercial Driving Privileges; Federal Drug and Alcohol Clearinghouse; Cancellations (1) In accordance with ORS 807.166, DMV shall query DACH prior to issuance, renewal or replacement of commercial driving privileges, including upgrading, adding restrictions and transferring a person’s CDL privileges. (2) DMV may not issue CDP to an applicant or renew an applicant’s CDL when the query described in section (1) of this rule indicates the driver is prohibited from operating a CMV due to a violation of 49 CFR part 382, subpart B. (3) DMV may initiate a query with DACH, or receive information from DACH without initiating a query, regarding an Oregon CDP holder. (4) DMV shall cancel a person’s CDP if DMV determines information from DACH indicates the CDP holder is prohibited from operating a CMV. (5) After DMV cancels a person’s CDP under section (4) of this rule, the person may apply to regain an Oregon CDP. When the person applies for CDP, DMV will query DACH as described in section (1) of this rule. DMV will issue CDP to the person only if DACH indicates the person is not prohibited from operating a CMV and all other requirements for issuance of CDP are met. (6) A person whose CDP has been cancelled under section (4) of this rule may be issued a Class C noncommercial driver license described in ORS 807.031(5) or an identification card described in ORS 807.400, if all other requirements for issuance are met. (7) If FMCSA notifies DMV that a CDP driver was erroneously placed in a prohibited status in DACH, DMV shall remove any reference to the driver’s prohibited status from the CDLIS driver history and terminate the cancellation imposed under this rule. DMV will remove the cancellation from the driver record and restore the record to the status as it existed before the erroneous notification. (8) Notwithstanding section (9) of this rule, DMV shall record a new sanction added to a CDLIS driver record during the period when DMV records show the driver had a prohibited status. (9) DMV may not include any details of a DACH cancellation in the CDLIS driver history record for the CDP driver, including: a State-to-State Status request, State-to-State History request, and a Change State of Record request. Statutory/Other Authority: ORS 184.619, 802.010, 807.166 & 809.310 Statutes/Other Implemented: ORS 807.166 & 49 CFR Part 382 History: DMV 33-2024, adopt filed 12/04/2024, effective 12/04/2024 DMV 31-2024, temporary adopt filed 11/05/2024, effective 11/14/2024 through 05/12/2025
735-063-0340 Cancellation or Suspension of CDP Due to No Valid Proof of Medical Qualification or Failure to Have Restriction on the CDL or CLP when Required (1) DMV shall cancel a person’s CDP when the person’s proof of medical qualification, as described in OAR 735-063-0220, is denied, rescinded, voided or revoked. (2) DMV shall cancel a person’s CDP when the person’s proof of medical qualification, as described in OAR 735-063-0220, is not updated through the National Registry when requested by DMV. (3) After DMV cancels a person’s CDP under sections (1) or (2) of this rule, the person may apply to regain Oregon CDP. When the person applies for CDP, DMV must receive proof of medical certification as described in OAR 735-063-0220. DMV will issue CDP to the person only if the CDLIS driver record indicates the person is medically certified to operate a CMV and all other requirements for issuance of CDP are met. (4) Failure of a person to obtain a “V” restriction, as required by OAR 735-063-0300(8), within the time period specified by DMV will result in cancellation of the person’s CDP, in accordance with ORS 807.010(1) and 809.310(1). (5) After DMV cancels a person’s CDP under sections (4) of this rule, the person may apply to regain an Oregon CDP. DMV will issue CDP to the person only if the CDLIS driver record indicates a “V” restriction has been added to the CDP credential or the person no longer requires a federal variance to be medically certified for a CDP and all other requirements for issuance of CDP are met. (6) Failure of a person to obtain a “K” restriction, as required by OAR 735-063-0300(5), within the time period specified by DMV will result in cancellation of the person’s CDP, in accordance with ORS 807.010(1) and 809.310(1). (7) After DMV cancels a person’s CDP under sections (6) of this rule, the person may apply to regain an Oregon CDP. DMV will issue CDP to the person only if the CDLIS driver record indicates a “K” restriction has been added to the CDP credential or the intrastate only restriction is no longer required and all other requirements for issuance of CDP are met. (8) A person whose CDP has been cancelled under sections (1) (2) (4) or (6) of this rule may be issued a Class C noncommercial driver license described in ORS 807.031(5) or an identification card described in ORS 807.400, if all other requirements for issuance are met. Statutory/Other Authority: ORS 184.619, 802.010, 807.040 & 807.100 Statutes/Other Implemented: ORS 807.040 & 807.100 History: DMV 3-2025, amend filed 03/25/2025, effective 06/23/2025 DMV 8-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020 DMV 6-2019, amend filed 02/21/2019, effective 03/01/2019 DMV 33-2018, minor correction filed 08/16/2018, effective 08/16/2018 Renumbered from 735-063-0067, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 12-2012, f. & cert. ef. 9-20-12 DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
735-063-0350 Denial or Revocation of an Oregon Waiver of Physical Disqualification (1) A holder of a Waiver of Physical Disqualification who violates any of the requirements set forth in OAR 735-063-0240(9), in addition to any other actions authorized by law, will be subject to revocation of the waiver for up to 180 days upon DMV’s determination of the driver’s second violation of waiver conditions within the preceding 12 months. (2) DMV will deny or revoke a Waiver of Physical Disqualification if DMV determines that the applicant or waiver holder does not qualify for the waiver under the requirements set forth in OAR 735-063-0240(8). (3) DMV will deny or revoke a Waiver of Physical Disqualification if the waiver holder fails to provide information requested under 735-063-0240(7) within the required 60 day time period. (4) DMV will deny or revoke a Waiver of Physical Disqualification if, as a result of a review conducted under 735-063-0240(6), DMV determines the person no longer qualifies for the waiver. Statutory/Other Authority: ORS 184.616, 184.619 & 802.010 Statutes/Other Implemented: ORS 807.040 & 807.150 History: Renumbered from 735-063-0075, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 8-2010, f. & cert. ef. 3-17-10 DMV 4-2009, f. & cert. ef. 2-20-09 Renumbered from 740-300-0140, DMV 9-2008, f. & cert. ef. 3-21-08 Reverted to MCTB 4-2001, f. & cert. ef. 11-9-01 Renumbered from 740-300-0140, DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08 MCTB 4-2001, f. & cert. ef. 11-9-01 MCTB 4-2000, f. & cert. ef. 6-12-00
735-063-0370 Effect of Suspension, Cancellation or Revocation on Commercial Driving Privileges (1) Oregon Class C non-commercial driving privileges are the base privileges upon which commercial driving privileges are added. A person who has a valid Oregon CLP or CDL also has valid Oregon Class C non-commercial privileges. (2) Any suspension, cancellation or revocation of the person’s Class C non-commercial privileges is also a suspension, cancellation or revocation of the person’s commercial driving privileges. (3) If a person is subject to a period of suspension of commercial driving privileges in addition to a suspension of the Class C non-commercial privileges, DMV will notify the person of the proposed suspension of commercial driving privileges in a separate notice. This section does not apply to a proposed suspension under Oregon’s Implied Consent Laws, ORS 813.095 – 813.136. (4) If the person is subject to a suspension, cancellation or revocation of the person’s commercial driving privileges only, DMV will notify the person that the sanction applies only to the person’s commercial driving privileges. If a consecutive suspension is required under Oregon law, the notice will inform the person of the effective dates of the consecutive suspension. (5) A person whose commercial driving privileges are suspended, cancelled or revoked but whose Class C non-commercial driving privileges are valid may downgrade the person’s commercial driving privileges, surrender the CDL, and obtain a Class C non-commercial license. A person who downgrades the commercial driving privileges granted by a CDL may regain the downgraded privileges, without retesting, within three years after the privileges are downgraded or within three years after the effective date of the earliest suspension or cancellation of commercial driving privileges that was in effect at the time of downgrade, whichever is earlier. This ability to regain surrendered commercial driving privileges is conditioned upon meeting all requirements for issuance of a CDL, other than testing, and does not apply to a CLP. Statutory/Other Authority: ORS 184.616, 184.619 & 802.010 Statutes/Other Implemented: ORS 809.360, 809.380, 809.430 & 809.510 – 809.540 History: DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
735-063-0380 Reinstatement of CDL Disqualification (1) To be eligible to apply under ORS 809.520(4) for reinstatement of a lifetime suspension of commercial driving privileges imposed by DMV under ORS 809.520(3), the person must: (a) Meet all requirements for issuance of a CDL or CLP; (b) Provide any information requested sufficient for DMV to find there is good cause for reinstatement; and (c) Successfully complete rehabilitation as approved by DMV and provide proof of such completion. (2) In determining whether good cause for reinstatement has been shown, DMV will consider the person's driving record for the 10 years preceding the date of application for reinstatement. DMV will not reinstate commercial driving privileges if any of the following appear on the person's driving record in this state or in any other jurisdiction: (a) A conviction for an offense involving the operation of a CMV. (b) A conviction for any offense listed in ORS 809.510. (c) A conviction for the offense described in ORS 809.520(1). (d) A conviction for any offenses listed in OAR 735-063-0360. (e) A conviction for reckless endangering a highway worker in any vehicle. (f) A suspension of driving privileges under the Driver Improvement Program or a similar program in another jurisdiction appears on the person's driving record within the three years preceding the date of application for reinstatement. (3) The following courses are approved by DMV as meeting the rehabilitation requirement: (a) National Safety Council, DDC Attitudinal Dynamics of Driving; and (b) National Safety Council, DDC Professional Truck Drivers. (4) If a required course listed in section (3) of this rule is not available in Oregon, DMV will accept proof the person has successfully completed the on-line version of the course. If a required course is not available in Oregon and there is no on-line version available, DMV may accept proof of successful completion of an equivalent rehabilitation course or program. Statutory/Other Authority: ORS 184.619, 802.010 & 809.520 Statutes/Other Implemented: ORS 809.520 History: DMV 9-2022, amend filed 09/21/2022, effective 09/21/2022 DMV 35-2018, minor correction filed 08/20/2018, effective 08/20/2018 DMV 19-2017, minor correction filed 11/28/2017, effective 11/28/2017 Renumbered from 735-063-0180, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16 Renumbered from 735-070-0200, DMV 5-2015, f. 6-19-15, cert. ef. 7-8-15 DMV 15-2006, f. 10-13-06, cert. ef. 11-1-06