Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 76 - AT-RISK DRIVER PROGRAM - NON-MANDATORY REPORTING › Section 735-076-0002 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "DMV" means the Driver and Motor Vehicle
			 Services Division of the Oregon Department of Transportation.
(2) "Health care provider" means a person
			 licensed, certified or otherwise authorized or permitted by law to administer
			 health care in the State of Oregon. For purposes of these rules, the term
			 health care provider is limited to: a chiropractic physician, nurse
			 practitioner, occupational therapist, physical therapist, optometrist,
			 physician associate and podiatric physician or surgeon.
(3) "Immediate suspension or cancellation"
			 means the suspension or cancellation of driving privileges or the right to
			 apply for driving privileges before the person is given an opportunity for a
			 hearing to contest the suspension.
(4) "Loss of consciousness or control" means
			 an unpredictable medical event experienced at any time by an individual in
			 which the normal control of the individual's body is compromised due to the
			 event rendering the individual unconscious, unable to experience normal sensory
			 perception or unable to initiate the physical motion required to safely operate
			 a motor vehicle. "Loss of consciousness or control" includes but is not limited
			 to; seizure, syncope, narcolepsy, hypoglycemia, sleep apnea or
			 black-out.
(5) "Medical
			 Determination Officer" means a physician, nurse practitioner or physician
			 associate, licensed to provide health care services by the State of Oregon, and
			 employed or designated by DMV to make medical determinations of a person's
			 medical eligibility for driving privileges.
(6) "Non-mandatory reporting or a
			 non-mandatory report" means a voluntary report to DMV of either a medical
			 condition or impairment that may affect a driver's ability to safely operate a
			 motor vehicle, or a report of actual driving behavior that may indicate the
			 person is no longer able to safely operate a motor vehicle. A non-mandatory
			 report does not include a report that must be filed by a physician or health
			 care provider as required under OAR chapter 735, division 74 of a severe and
			 uncontrollable impairment that affects a person's ability to safely operate a
			 motor vehicle.
(7) "Physician" has
			 the meaning set forth in ORS 807.710.
(8) "Problem condition involving alcohol,
			 cannabis, psilocybin, inhalants or controlled substances" has the meaning set
			 forth in ORS 813.040.
(9)
			 "Recertification" or "recertify" means the process for requiring the person to
			 reestablish eligibility for driving privileges at periodic intervals by
			 submitting a Driver Medical Report form (DMV form 735-6587), or by submitting a
			 Certificate of Vision form (DMV form 735-024) or passing a DMV vision
			 screening. The process may also include DMV tests, receiving a determination of
			 eligibility from the Medical Determination Officer, or both, if determined
			 necessary by DMV.
(10) "Tests" are
			 examinations under ORS 807.070 that establish a person's eligibility for
			 driving privileges. Tests include a DMV vision screening, a knowledge test and
			 a drive test.
(11) "Unsafe or
			 dangerous driving behavior" means a driver is unable to perform basic driving
			 tasks in a safe and responsible manner. Examples include, but are not limited
			 to, the following:
(a) The driver is prevented
			 from causing an accident by an evasive maneuver by another driver(s);
(b) The driver impedes traffic or fails to
			 yield the right of way, such as: driving too slowly; driving in more than one
			 lane of traffic; turning from the wrong lane; or turning into the wrong lane;
			 and
(c) Failure to obey or
			 difficulty obeying a traffic control device, such as: running a red light or
			 stop sign; stopping beyond the designated stop line at a traffic light or stop
			 sign; failing to stop for a pedestrian in a marked crosswalk; or driving the
			 wrong way on a one-way street.