reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0360

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0370

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0380

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0390

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules, OAR 735-061-0400 through
			 735-061-0470, is to establish
			 criteria for an on-going program by which a third party testing business is
			 authorized to give a Class C non-commercial drive test on behalf of DMV and to
			 describe when such a service may be used by an applicant for an Oregon driver
			 license.
(2) The rules are adopted
			 under the authority of ORS
			 802.600 allowing the department
			 to enter into an agreement with a person who is not an employee of the
			 department to transact a function on behalf of the department and to adopt
			 rules to carry out the provisions of ORS
			 802.600.
(3) Entities that qualify to be a Class C
			 third party testing business will be selected through a competitive procurement
			 process before entering into an agreement with DMV to be authorized to
			 administer drive tests. DMV may enter into agreements with governmental
			 entities to participate in the program as third party testing businesses under
			 ORS chapter 190.
Statutory/Other Authority: ORS
				  184.619,
				  802.010 &
				  802.600
Statutes/Other Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0410 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to terms in OAR
				735-061-0400 through
				735-061-0470:
(1) "Applicant" means a person who during the
			 process to obtain a Class C non-commercial driver license utilizes the services
			 of a third party testing business.
(2) "Class C" or "Class C non-commercial"
			 means, for purposes of these rules, the driving privileges described in ORS
			 807.031(4).
(3) "Class C third party testing business" or
			 "testing business" means a private provider that has entered into an agreement,
			 under ORS 802.600, with DMV to administer
			 Class C drive tests.
(4) "DMV"
			 means the Driver and Motor Vehicle Services Division of the Oregon Department
			 of Transportation.
(5) "Drive test"
			 means an actual demonstration of the applicant's ability to operate a motor
			 vehicle without endangering the safety of persons or property.
(6) "Examiner" means an individual who is
			 authorized to administer a drive test for an applicant for a Class C
			 non-commercial driver license.
(7)
			 "Private provider" means:
(a) A Class C Third
			 Party Testing business that is a certified Commercial Driver Training School,
			 has approved provider status with TSO's Driver Education program, and is
			 compliant with OAR 737-015-0010 to
			 737-015-0130; or
(b) A privately owned and currently
			 contracted CDL Third Party Testing Business that is compliant with OAR
			 735-060-0001 to
			 735-060-0145.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0420 - When an Applicant May Use Class C Third Party Testing and General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Class C third party testing program is for the purpose of administering drive
			 tests only.
(2) A person seeking to
			 obtain Class C non-commercial driving privileges must take a drive test. A
			 person may not take the test with a third party testing business, and must test
			 with DMV, if the person is required to test because the person is in the
			 At-Risk Driver Program.
(3) An
			 applicant is responsible for payment of fees charged by the testing business.
			 Any fee charged by the testing business is separate from the DMV licensing
			 fees.
(4) An applicant may request
			 that an examiner show the applicant identification provided by the testing
			 business demonstrating that the examiner is authorized to provide a Class C
			 drive test under the Class C Third Party Testing Program. Upon request, the
			 examiner must show the identification to the applicant.
(5) An applicant may be required by a testing
			 business to use a vehicle provided by the testing business for the purpose of
			 administering the drive test.
(6)
			 If an applicant provides the vehicle in which the examiner is to administer the
			 drive test, the testing business must ensure that the examiner administers the
			 drive test only in a vehicle that is both legal and safe to be on the road. If
			 an examiner determines that the applicant's vehicle presents a health or safety
			 risk to the examiner, the applicant or the general public, the examiner may
			 refuse to administer a drive test in the applicant's vehicle. The applicant's
			 vehicle must:
(a) Be properly insured and
			 registered prior to the test.
(b)
			 Have properly functioning safety equipment, including but not limited to turn
			 signals, lights and seat belts.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0430 - Qualifications for a Class C Third Party Testing Business

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify as a testing business, a
			 provider must:
(a) Be a private provider of a
			 traffic safety education course that is certified under ORS
			 336.800 and in accordance with
			 OAR Chapter 737, Division 15, and have continuously provided the traffic safety
			 education course for a minimum of two years immediately prior to executing an
			 agreement with DMV; or be a private provider who is currently contracted to
			 administer CDL skills tests in accordance with OAR Chapter 735, Division
			 60.
(b) Enter into a written
			 agreement with DMV, in accordance with ORS
			 802.600 and abide by all terms
			 and conditions of the agreement.
(c) Maintain a business office or facility
			 within the State of Oregon where driver testing records are securely kept and
			 are available for inspection or audit by DMV. To qualify as a business office
			 or facility, the location must be staffed and open during posted business hours
			 or have a business phone with an answering service, answering machine or voice
			 mail service, with the ability to return all business related messages no later
			 than the following business day.
(d) Safeguard an applicant's personal
			 information as defined in ORS
			 802.175, and not disclose an
			 applicant's personal information or test scores to any person unless authorized
			 by DMV in writing prior to the disclosure.
(e) Be in compliance with all applicable
			 federal, state and local laws or regulations, including all business and zoning
			 requirements.
(f) Pass an
			 inspection conducted by DMV prior to signing an agreement with DMV to
			 administer drive tests. This inspection includes, but is not limited to, office
			 and testing facilities, any vehicle that may be used for administering tests,
			 security of applicant personal information and one or more drive test routes to
			 be used by the third party testing business.
(g) Designate at least one testing business
			 representative, who may be the owner or an employee of the Class C third party
			 testing business. If more than one representative is designated, the
			 responsibilities of each must be clearly described, in writing, to the
			 satisfaction of DMV. A representative must have basic computer skills and
			 complete administrative training as required and provided by DMV.
(h) Submit to DMV a schedule of all testing
			 services offered and the fee charged for each of those services, if the testing
			 business is compensated for testing services.
(i) Submit to DMV one or more proposed Class
			 C drive test routes that meet the specifications provided by DMV. DMV must
			 approve a test route before it can be used for testing.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0440 - Administering the Drive Test

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of the drive test is for the third party examiner to:
(a) Evaluate the applicant's ability to
			 operate a vehicle in a safe and legal manner under actual driving
			 conditions;
(b) Determine if the
			 applicant demonstrates safe and legal driving methods and knowledge of traffic
			 laws; and
(c) Evaluate the
			 applicant's ability to perform required maneuvers according to the examiner
			 training provided by DMV and DMV's scoring criteria.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0450 - Eligibility Check and Results Entry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to administering the drive test,
			 the third party examiner must use DMV's website, in accordance with OAR
			 735-018-0020, to verify the
			 drive test applicant meets all requirements set forth in OAR
			 735-061-0420.
(2) If the applicant does not meet
			 qualifications for testing as set forth in OAR
			 735-061-0420, the third party
			 examiner must refer the applicant to DMV and must not conduct the drive
			 test.
(3) If the applicant meets
			 qualifications for testing as set forth in OAR
			 735-061-0420, the third party
			 examiner may administer the test.
(4) After completing the drive test, the
			 third party examiner must:
(a) Provide the
			 applicant with a receipt for the test;
(b) Enter the drive test results using
			 electronic means determined by DMV within 24 hours of the completion of the
			 test; and
(c) Comply with
			 provisions set forth in OAR
			 735-018-0020 for electronic
			 transactions.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0460 - Customer Feedback Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 the conclusion of the testing process, a third party examiner must give an
			 applicant a Class C Third Party Testing Feedback form (DMV form 735-7414),
			 regardless of whether the applicant passed or failed the drive test.
(2) The Class C Third Party Testing Feedback
			 form is designed to give the applicant necessary information to provide DMV
			 with feedback regarding the experience of testing with a testing business. The
			 form provides contact information for the Class C Third Party Testing Program
			 at DMV including a mailing address, a fax number and a method to submit the
			 form to DMV electronically.
(3) DMV
			 may contact an applicant to get additional information or investigate a
			 complaint raised by an applicant.
(4) If DMV requires a testing business to
			 respond to a particular applicant's complaint, the testing business must do so
			 within 10 calendar days.
(5) DMV
			 may compile data from the Class C Third Party Testing Feedback forms to
			 evaluate the effectiveness of the Class C Third Party Testing
			 Program.
Statutory/Other Authority: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Statutes/Other Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0470 - Code of Ethics and Rules of Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The standards of professional conduct for
			 a testing business for any owner, officer, agent, director, manager, examiner
			 or employee must be consistent with the standards of professional conduct
			 expected of a person employed by DMV who administers Class C drive tests.
			 Therefore, DMV requires the testing business and any person employed by or
			 associated with the testing business to be professional and respectful in all
			 dealings with applicants and other persons while ensuring the safety of Oregon
			 roads.
(2) A testing business may
			 not engage in or allow any owner, officer, agent, director, manager or employee
			 to engage in any of the following:
(a)
			 Assisting or allowing an applicant falsely:
(A) Receive a passing score on the drive test
			 when the applicant either failed the test, did not take the test, did not take
			 the complete test, or took a test that was not administered in accordance with
			 the training provided by DMV; or
(B) Obtain driving privileges for which the
			 applicant is ineligible or is not qualified to obtain.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these chapter 735, division 62, rules is to establish the various requirements
			 for the issuance, replacement or renewal of a Class C non-commercial driver
			 license, driver permit or identification card.
(2) A Real ID or non-Real ID Class C
			 non-commercial driver license is the base privilege a person must possess to be
			 issued a commercial learner driver permit or Real ID or non-Real ID commercial
			 driver license. Rules in chapter 735, division 63 establish requirements and
			 processes that are specific to the granting of commercial driving privileges.
			 These division 62 rules apply to the base privileges portion of a Real ID or
			 non-Real ID commercial driver license or commercial learner driver permit,
			 except where specified in chapter 735, division 63.
(3) A Real ID is issued to an applicant who
			 meets federal issuance standards established by the Real ID Act of 2005,
			 P.L.
			 109-13 and the REAL ID Modernization Act, Pub L No
			 116-260, Division U, Title X, section 1001 (Dec. 27, 2020). These standards
			 apply to proof of lawful status, identity, date of birth, SSN and residence
			 address only. Except as otherwise specified in sections (4) and (5) of this
			 rule or any rule within OAR chapter 735, division 62, all other rules in OAR
			 735, division 62, are applicable both to Real ID and non-Real ID driver
			 licenses, permits and identification cards.
(4) The following rules in OAR 735, division
			 62, apply to Real ID only:
(a) OAR
			 735-062-0006;
(b) OAR
			 735-062-0008;
(c) OAR
			 735-062-0011;
(d) OAR
			 735-062-0022;
(e) OAR
			 735-062-0023;
(f) OAR
			 735-062-0031; and
(g) OAR
			 735-062-0295.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0002 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these OAR 735, division 62, rules the following
				definitions apply:
(1) "AAMVA" means
			 the American Association of Motor Vehicle Administrators.
(2) "Biometric data" means measurements of
			 the physical characteristics of person's face that can be used to authenticate
			 the identity of the person.
(3)
			 "Caregiver" means an individual who has any level of responsibility for the
			 safety and well-being of a minor.
(4) "CDLIS" means the Commercial Driver's
			 License Information System operated by AAMVA for the Federal Motor Carrier
			 Safety Administration.
(5) "DMV"
			 means the Oregon Department of Transportation, Driver and Motor Vehicle
			 Services Division.
(6) "First-time
			 Real ID" means the first time DMV issues an Oregon Real ID to an applicant and
			 may be issued as an original, renewal or replacement driver license, driver
			 permit or identification card, depending on the privilege that the applicant
			 possesses.
(7) "Lawful status," for
			 the purpose of applying for a Real ID driver license, driver permit or
			 identification card, has the meaning set forth in
			 6 CFR
			 §
									37.3.
(8) "LexisNexis Database" means a database of
			 personal information provided by the LexisNexis corporation that is used to
			 verify the identification of an individual.
(9) "NDR" means National Driver Register, a
			 division in the National Center for Statistics and Analysis under the National
			 Highway Traffic Safety Administration.
(10) "PDPS" means the Problem Driver Pointer
			 System, a database operated by NDR.
(11) "Proctor" means a caregiver of the
			 applicant who is at least 21 years of age and whose identity (name, date of
			 birth and address) has been verified through the LexisNexis database.
(12) "Real ID" has the meaning set forth in
			 ORS 807.450, and is marked with the
			 distinguishing feature of a star in the upper right corner.
(13) "S2S" means State to State Verification
			 Services operated by AAMVA.
(14)
			 "SAVE" means Systemic Alien Verification for Entitlements program, administered
			 by the United States Citizenship and Immigration Services, a component of the
			 Department of Homeland Security.
(15) "SPEXS" means the State Pointer Exchange
			 Services, the platform that supports S2S and CDLIS.
(16) "SSA" means the Social Security
			 Administration.
(17) "SSN" means
			 Social Security number.
(18)
			 "USPVS" means United States Passport Verification Services which allows
			 licensing agencies to verify US Passport document data against the Department
			 of Homeland Security's backend systems and is operated by AAMVA.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  807.021,
				  807.050,
				  807.450,
				  807.460 &
				  6 CFR
				  §
											37.3
Statutes/Other Implemented: ORS 801.163, 802.200, 807.021,
				  807.024, 807.050 & 807.450
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0005 - SSN - Requirements for Collection and Verification of SSN or a Statement No SSN Assigned

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 who has been assigned a SSN is required to provide the SSN assigned to the
			 applicant by SSA to DMV when applying for a driver license, driver permit or
			 identification card.
(2) An
			 applicant applying for a non-Real ID non-commercial driver license or driver
			 permit or identification card who has not been assigned a SSN must provide a
			 written statement that says the person has not been assigned a SSN.
(3) When an applicant provides a SSN as
			 required by section (1) of this rule, DMV will submit the SSN to the SSA for
			 verification, unless the SSN was previously verified under this rule. An
			 applicant's SSN is verified when SSA notifies DMV that the applicant's SSN,
			 name and date of birth are confirmed by SSA's records.
(4) Notwithstanding section (3) of this rule,
			 a SSN is not considered verified if the SSA notifies DMV that the SSN provided
			 is inactive, invalid, impossible, not verifiable for other reasons or if there
			 is a system error.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  807.021 &
				  807.050
Statutes/Other Implemented: ORS
				  802.200,
				  807.021,
				  807.022 &
				  807.050
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0006 - Real ID Requirements for Collection and Verification of SSN or Proof of Ineligibility for a SSN

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 applicant who is eligible for an SSN applies for any first-time, renewal, or
			 replacement Real ID, the applicant must provide to DMV the SSN assigned to the
			 applicant by the SSA.
(2) An
			 applicant who applies for a first-time, renewal, or replacement non-commercial
			 Real ID and claims to be ineligible for an SSN must provide proof that the
			 applicant is not eligible for an SSN. An applicant may prove ineligibility for
			 an SSN by presenting documents issued by the United States Department of
			 Homeland Security or other federal agencies, which demonstrate that the
			 applicant is not eligible to be assigned an SSN by the SSA. The applicant must
			 also certify that the applicant is ineligible for an SSN.
(3) DMV will not accept proof of
			 ineligibility for an SSN from any applicant for a Real ID who presents proof of
			 being a citizen or lawful permanent resident of the United States or proof of
			 being legally present with authorization for employment in the United
			 States.
(4) When an applicant
			 provides an SSN as required by section (1) of this rule for a first-time or
			 renewal Real ID, DMV will submit the SSN to the SSA for verification. An
			 applicant's SSN is verified when SSA notifies DMV that the applicant's SSN,
			 name and date of birth matches SSA's records.
(5) Notwithstanding section (4) of this rule,
			 an SSN is not considered verified if the SSA notifies DMV that the SSN provided
			 is inactive, invalid, impossible, not verifiable for other reasons or if there
			 is a system error. DMV will not issue a Real ID to an applicant with an SSN
			 that is not verified.
(6) An
			 applicant for a replacement Real ID must provide their SSN or proof of
			 ineligibility for SSN as required by sections (1) to (3) of this rule. If there
			 has been any change to the applicant's SSN, DMV will submit the SSN to the SSA
			 for verification as described in section (4) of this rule.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  807.021,
				  807.050,
				  807.455,
				  807.480,
				  6 CFR §
											37.11,
				  6 CFR §
											37.13,
				  6 CFR
				  §
											37.23 &
				  6 CFR
				  §
											37.25
Statutes/Other Implemented: ORS 802.200, 807.021, 807.022,
				  807.050, 807.455, 807.480 &
				  PL
				  116-260
				  (2020)
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0007 - Driver Permits or Driver Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before DMV will issue a driver permit or
			 driver license, the applicant for the driver permit or driver license must:
(a) Satisfy all requirements set forth in ORS
			 807.040 and
			 807.060(2)(a)
			 if under the age of 18. For purposes of ORS
			 807.060 and this subsection:
(A) "Mother" means the biological or adoptive
			 mother of the applicant, whose parental rights have not been
			 terminated;
(B) "Father" means the
			 biological or adoptive father of the applicant, whose parental rights have not
			 been terminated; and
(C) "Legal
			 guardian" means an individual, or the authorized representative of an entity,
			 private or public institution or agency appointed as guardian of the applicant
			 by a court having jurisdiction.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0008 - Real ID Driver Licenses or Driver Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before DMV will issue a first-time Real
			 ID driver license or driver permit, the applicant applying for the Real ID
			 driver permit or driver license must:
(a)
			 Satisfy all requirements set forth in ORS
			 807.040 and, if under the age of
			 18, 807.060(2)(a). For purposes of ORS
			 807.060 and this subsection:
(A) "Mother" means the biological or adoptive
			 mother of the applicant, whose parental rights have not been
			 terminated;
(B) "Father" means the
			 biological or adoptive father of the applicant, whose parental rights have not
			 been terminated; and
(C) "Legal
			 guardian" means an individual, or the authorized representative of an entity,
			 private or public institution or agency appointed as guardian of the applicant
			 by a court having jurisdiction.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0010 - Identification Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 ORS 807.400 and as provided in this
			 rule, DMV will issue an identification card to a person who does not have a
			 valid driver license or driver permit issued in Oregon or another
			 jurisdiction.
(2) An applicant
			 applying for an identification card must:
(a)
			 Satisfy all identification card requirements set forth in ORS
			 807.400 and
			 807.410, except as described
			 under section (9) of this rule;
(b)
			 Provide a verifiable SSN assigned to the applicant or a written statement that
			 the applicant has not been assigned a SSN as provided in OAR
			 735-062-0005;
(c) Submit to the collection of biometric
			 data for the purpose of establishing identity as provided in ORS
			 807.024 and OAR
			 735-062-0016;
(d) Provide proof of the person's identity
			 and date of birth as provided in OAR
			 735-062-0020; and
(e) Provide proof of the person's residence
			 address as provided in OAR
			 735-016-0070 and
			 735-062-0030.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0011 - Real ID Identification Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 807.400 and 6 CFR part 37 and as
			 provided in this rule, DMV will issue a Real ID identification card to a person
			 who does not have a valid Real ID or non-Real ID driver license or driver
			 permit.
(2) Before DMV will issue a
			 first-time Real ID identification card, the applicant must:
(a) Satisfy all identification card
			 requirements set forth in ORS
			 807.400 and
			 807.410, except as described
			 under section (9) of this rule;
(b)
			 Provide the applicant's SSN or proof of ineligibility of SSN as provided in OAR
			 735-062-0006;
(c) Provide proof of identity, date of birth
			 and lawful status as provided in OAR
			 735-062-0022;
(d) Provide proof of legal name as provided
			 in OAR 735-062-0023;
(e) Provide proof of the applicant's identity
			 and date of birth as provided in OAR
			 735-062-0020;
(f) Provide proof of the applicant's
			 residence address as provided in OAR
			 735-062-0031; and
(g) Provide proof, as provided in OAR
			 735-016-0070, that the applicant
			 is domiciled in or a resident of Oregon.
(h) Submit to the collection of biometric
			 data for the purpose of establishing identity as provided in ORS
			 807.024 and OAR
			 735-062-0016.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0012 - Veteran Designation on a Driver License, Driver Permit or Identification Card

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person who is
			 a veteran, as defined in ORS
			 408.225, may request that DMV
			 add a veteran designation to the person's driver license, driver permit or
			 identification card.
(2) DMV will
			 accept the following as proof the person is a veteran:
(a) For discharge from military service in
			 1950 or after, a U.S. Defense Department Form 214, Certificate of Release or
			 Discharge from Active Duty (DD 214), or a Correction to DD 214 Form (DD 215);
			 or
(b) For discharge from military
			 service before 1950, a separation document or form issued by a branch or
			 department of the US Armed Services.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0013 - Physical Description on Driver License, Driver Permit or Identification Card

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for a driver license, driver permit or identification card must provide the
			 applicant's height, weight, sex, hair color and eye color to DMV when applying
			 for a driver license, driver permit or identification card.
(2) DMV captures in its records an
			 applicant's height, weight, hair color, eye color and sex. Hair color is
			 contained within DMV records but does not appear on the driver license, driver
			 permit or identification card.
(3)
			 As required by ORS 807.110(1)(b),
			 for purposes of identification, a brief description of the person to whom the
			 driver license, driver permit or identification card is issued will appear on
			 the front of the card. Those descriptors are:
(a) Height shown in feet and
			 inches;
(b) Weight shown in pounds;
			 and
(c) Sex shown as "M" for male,
			 "F" for female or "X" for not-specified.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0014 - Proof of Legal Name

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant must provide proof of the applicant's current legal name.
(2) There must be sufficient connection
			 between information shown on the identity document and the proof of the
			 applicant's current legal name for DMV to determine that the applicant is the
			 person named in the identity document. Examples of connecting information
			 include first name, middle name or middle initial, previous surnames used, date
			 of birth, place of birth, social security number or mother's maiden
			 name.
(3) DMV may accept an
			 identity document listed in OAR
			 735-062-0020 as proof of the
			 applicant's current legal name.
(4)
			 If the applicant's proof of legal name does not establish the applicant is the
			 same person named in the document submitted as proof of identity or DMV records
			 do not show the person's current legal name, the applicant must provide
			 documentary proof of a legal name change. Documentary proof of an applicant's
			 legal name change may include, but is not limited to: an official
			 government-issued marriage document, a divorce decree, a certificate of
			 registered domestic partnership, a judgment of dissolution or annulment of
			 marriage or domestic partnership, an adoption decree, and a court decree, order
			 or judgment legally changing the applicant's name.
Statutory/Other Authority: ORS
				  184.619 &
				  802.010
Statutes/Other Implemented: ORS
				  802.260,
				  807.050,
				  807.110,
				  807.400 &
				  807.455
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  807.021,
				  807.022 & Or Laws 2018, ch.
				  60, sec. 3
Statutes/Other Implemented: ORS
				  807.021,
				  807.022 & Or Laws 2018, ch.
				  60, sec. 3
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0016 - Requirements for Establishing Identity Under ORS 807.024 and Consequences of Applicant's Failure to Establish Identity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for an original, renewal or
			 replacement driver license, driver permit or identification card must submit to
			 the collection of biometric data, as provided in ORS
			 807.024, for the purpose of
			 establishing identity, unless the applicant meets the requirements of OAR
			 735-062-0120 or
			 735-062-0125.
(2) To optimize the collection of biometric
			 data DMV will take a digital photograph of the applicant which must:
(a) Be full-faced;
(b) Clearly show the iris and pupil of each
			 eye; and
(c) Capture the
			 applicant's natural appearance in accordance with the requirements set forth in
			 section (4) of this rule.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0022 - Proof of Identity, Date of Birth and Lawful Status for Real ID

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for a Real ID, whether first-time, renewal or replacement, must provide valid
			 documentary proof of identity, date of birth, and that the applicant has lawful
			 status in the United States. The documents provided must be original or
			 certified copies; photocopies are not acceptable.
(2) Notwithstanding section 1 of this rule,
			 an applicant for a renewal or replacement of a previously issued Real ID will
			 not need to provide the proof required in section (1) if the applicant's DMV
			 record shows DMV has previously issued a Real ID and shows that the applicant
			 is a citizen, permanent legal resident of the United States or a citizen of the
			 Federated States of Micronesia, the Marshall Islands or Palau.
(3) Documents acceptable as proof of
			 identity, date of birth and U.S. citizenship include:
(a) A birth certificate issued by a U.S.
			 Territorial government, the District of Columbia or the government of a state
			 or political subdivision of a state of the United States. DMV will not accept a
			 hospital-issued birth certificate, hospital card or birth registration or
			 baptismal certificate.
(b) U.S.
			 Consular Report of Birth Abroad (FS-240).
(c) U.S. government-issued Certification of
			 Report of Birth (DS-1350 or FS-545).
(d) United States passport,
			 unexpired.
(e) United States
			 passport card, unexpired.
(f) U.S.
			 Territory passport, unexpired.
(g)
			 Certificate of Citizenship (N560 and N561).
(h) Certificate of Naturalization (N550, N570
			 and N578).
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0023 - Proof of Legal Name, Real ID

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If a first-time Real ID applicant's legal name is different from the name in
			 the document submitted to prove identity and lawful status pursuant to OAR
			 735-062-0022, the applicant must
			 provide proof of the current legal name sufficient to establish that the
			 applicant is the same person named in the document submitted as proof of
			 identity and lawful status.
(2)
			 There must be sufficient connection between information shown on the identity
			 and lawful status document and the proof of the applicant's current legal name
			 for DMV to determine that the applicant is the person named in the identity and
			 lawful status document. Examples of connecting information include first name,
			 middle name or middle initial, previous surnames used, date of birth, place of
			 birth, social security number or mother's maiden name.
(3) DMV may accept an identity document
			 listed in OAR 735-062-0020 as proof of the
			 applicant's current legal name.
(4)
			 DMV may use the applicant's DMV record to help establish a connection between
			 the identity document and the document used to establish identity and lawful
			 status.
(5) If the applicant's
			 proof of legal name does not establish the applicant is the same person named
			 in the document submitted as proof of identity and lawful status, or the
			 applicant's identity document or DMV record do not show the person's current
			 legal name, the applicant must provide documentary proof of a legal name
			 change. Documentary proof of an applicant's legal name change may include, but
			 is not limited to:
(a) An official
			 government-issued marriage document;
(b) A divorce decree;
(c) A certificate of registered domestic
			 partnership;
(d) A judgment of
			 dissolution or annulment of marriage or domestic partnership;
(e) An adoption decree;
(f) A court decree; or
(g) An order or judgment legally changing the
			 applicant's name.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0032

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  807.310
Stats. Implemented: ORS
				  807.310
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0033

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  807.405
Stats. Implemented: ORS
				  807.405
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0035 - Proof of School Attendance, Completion or Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV may not issue a driving privilege to
			 an applicant under 18 years of age unless the applicant provides proof of
			 graduation from high school, a certificate for passing an approved high school
			 equivalency test, such as the General Education Development (GED) test, or a
			 certification from a parent or legal guardian that the applicant is attending
			 school or is exempt from school attendance requirements.
(2) The following are proof of high school
			 graduation:
(a) The applicant's high school
			 diploma, modified diploma, or a copy thereof;
(b) A certified copy of the applicant's high
			 school transcript showing that the applicant has graduated; or
(c) A letter on school letterhead and signed
			 by the principal or the principal's designee stating the applicant has
			 graduated from high school.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0040 - Knowledge Test

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants for
			 an original driver license, driver permit or endorsement must pass the
			 knowledge test(s) required under ORS
			 807.070(2).
(2) The knowledge test(s) will be specific to
			 the class of license or endorsement sought. The test(s) will examine the
			 applicant's knowledge and understanding of traffic laws, safe driving practices
			 and factors that cause accidents.
(3) All knowledge tests are closed book.
			 During a test an applicant is not allowed to use any study guides, manuals,
			 notes, electronic devices or any other items to assist the applicant in
			 obtaining answers to the test questions. During a test an applicant may not
			 obtain an answer to any test question from another person.
(4) The applicant must take the knowledge
			 test at DMV's website or in a DMV office. The first knowledge test for a driver
			 license, driver permit or endorsement may be conducted the day the applicant is
			 not ineligible for driving privileges, including meeting the minimum age
			 requirement for the driving privileges for which the applicant is
			 applying.
(5) Applicants may take a
			 knowledge test at DMV's website if the applicant has failed three or fewer
			 online knowledge tests taken on DMV's website, in accordance with section (6)
			 and either of the following:
(a) The
			 applicant is under 18 years of age and is applying for a Class C non-commercial
			 driver license; or
(b) The
			 applicant is applying for a motorcycle endorsement.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0050 - Eyesight Check Content and Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Driver and Motor Vehicle Services
			 Division of the Department of Transportation (DMV) will check the following
			 items when testing the eyesight of an applicant for a driver permit or driver
			 license:
(a) Acuity; and
(b) Field of vision.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0060 - Periodic Check of Driver's Eyesight

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All licensed drivers 65 years of age and
			 older must renew their driver license in person at a DMV office and either:
(a) Have their eyesight tested by DMV;
			 or
(b) Submit a Certificate of
			 Vision form (DMV Form 735-24), that shows their eyesight meets the eyesight
			 test standard indicated in OAR
			 735-062-0050, as tested by a
			 licensed vision specialist (ophthalmologist or optometrist) within the previous
			 six months. The form must be completed by a licensed ophthalmologist or
			 optometrist and be submitted to DMV along with the driver license renewal
			 application.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0070 - Drive Test

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A DMV drive
			 test examiner or a third party drive test examiner certified by DMV will
			 conduct the actual demonstration of an applicant's ability to drive a motor
			 vehicle (the drive test) required under ORS
			 807.070(3). The
			 test(s) must be conducted in a vehicle that can be driven only with the license
			 class for which the application is made. For example, the drive test examiner
			 will test a person applying for a Class C non-commercial driver license in a
			 vehicle that can be driven only by a person with a Class C non-commercial
			 driver license.
(2) prior to
			 conducting a drive test, a drive test examiner will ask the applicant for proof
			 of compliance with financial responsibility requirements as described in OAR
			 735-050-0120 or proof of a
			 uniform financial responsibility certificate as described in OAR
			 735-050-0050.
(3) Prior to conducting a drive test, the
			 drive test examiner will determine if the vehicle being used for the drive test
			 has required equipment (for example, lights, rearview mirrors, seat belts) that
			 is in working order and may be operated in a safe condition. The examiner may
			 refuse to conduct a drive test in a vehicle that is determined to present
			 health or safety risks for the examiner.
(4) The drive test examiner will conduct the
			 drive test on public streets and highways.
(5) The drive test may include checks of the
			 applicant's ability to safely and skillfully do the following:
(a) Operate vehicle equipment and
			 controls;
(b) Start the
			 vehicle;
(c) Stop the
			 vehicle;
(d) Turn and steer the
			 vehicle;
(e) Change
			 lanes;
(f) Merge with other
			 traffic;
(g) Signal;
(h) Use lanes properly and maintain lane
			 position;
(i) Control speed and
			 obey speed limits;
(j) Back the
			 vehicle;
(k) Observe signs,
			 signals, other traffic and pedestrians;
(L) Use courtesy on the road and defensive
			 driving techniques; and
(m)
			 Demonstrate general driving ability and vehicle control.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0073 - Denial of Further Testing

Current through Register Vol. 63, No. 7, July 1, 2024
DMV may refuse to continue a test or conduct further testing if
				the department determines that the person does not meet the qualifications for
				the class of license or endorsement for which the person is being tested. To
				show qualification for a license or endorsement, a person must demonstrate
				knowledge and understanding of the traffic laws of this state and must
				demonstrate the person's ability to operate a motor vehicle without endangering
				the safety of persons or property:
(1)
			 A DMV employee may refuse to conduct or to continue a behind the wheel drive
			 test if the employee reasonably believes that the person is likely to endanger
			 persons or property while being tested.
(2) DMV may deny a drive test, and deny
			 further testing, prior to the start of the test if there are observable reasons
			 to believe the person may endanger the safety of persons or property during a
			 drive test. Observable reasons to deny a drive test before starting the test
			 may include but are not limited to the following:
(a) The person is visibly confused;
(b) The person is unable to follow simple
			 directions needed to prepare for the drive test; or
(c) The person is unable to perform the
			 safety check on the person's vehicle before beginning the drive test.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0075 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010,
				  807.045,
				  807.050,
				  807.070,
				  807.120 &
				  807.170
Stats. Implemented: ORS
				  807.031,
				  807.045,
				  807.070 &
				  807.120
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 62 - DRIVER LICENSING › Section 735-062-0078 - Waiving Knowledge Test for Motorcycle Endorsement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 807.072, DMV will waive the
			 knowledge test for a motorcycle endorsement required by ORS
			 807.070(2) and
			 OAR 735-062-0040 if:
(a) DMV has determined that the knowledge
			 test given as part of a motorcycle rider education course established under ORS
			 802.320 is, at least, equivalent
			 to the test given by DMV, and proof of the applicant's course completion
			 information is submitted as described in OAR
			 735-062-0140; or
(b) The applicant:
(A) Passes the knowledge test given as part
			 of an approved motorcycle rider education course listed in section (2) of this
			 rule from a provider outside of this state, effective on or after March 2,
			 2022;
(B) Is temporarily residing
			 outside of this state, but is domiciled in Oregon as described in ORS
			 803.355 and in accordance with
			 OAR 735-016-0030; and
(C) Applies and is issued a motorcycle
			 endorsement within two years from the date of course completion, unless a
			 shorter validity timeframe is listed on the course completion card provided by
			 the applicant. When a shorter validity timeframe is provided on the course
			 completion card, the applicant must apply and be issued a motorcycle
			 endorsement within the timeframe provided on the course completion
			 card.