reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise provided in these OAR 735, division 63
				rules the following definitions apply to OAR 735, division 63:
(1) "AAMVA" means the American Association of
			 Motor Vehicle Administrators.
(2)
			 "Accident records" include, but are not limited to DMV records, police reports,
			 crash reports or other reports from motor carriers.
(3) "CDL" means commercial driver
			 license.
(4) "CDLIS" means the
			 Commercial Driver's License Information System operated by AAMVA for
			 FMCSA.
(5) "CDL Third Party
			 Examiner" means an individual certified by DMV to administer CDL skills tests
			 through a CDL Third Party Tester.
(6) "CDL skills test" means a three-part test
			 to determine a CDL applicant's driver competency, consisting of: a pre-trip
			 vehicle inspection, a basic control skills test and an on-road drive
			 test.
(7) "CDL Third Party Tester"
			 means a person authorized by DMV to operate a CDL skills testing program and
			 provide CDL Third Party Examiner(s) to administer CDL skills test.
(8) "CLP" means a commercial learner driver
			 permit issued under ORS 807.285.
(9) "CMV" means commercial motor vehicle, as
			 defined in ORS 801.208.
(10)
			 "Conviction record" means an official record showing a determination of guilt
			 by a court of law upon a plea, verdict, finding, or unvacated bail
			 forfeiture.
(11) "CSTIMS", means
			 the Commercial Skills Test Information Management System, a web-based system
			 for scheduling and reporting CDL skills tests information and
			 results.
(12) "Disqualifying
			 condition" is a medical condition(s) not meeting FMCSA physical qualification
			 standards as set forth in  49 CFR 391.41(b).
(13) "DMV" means the Oregon Department of
			 Transportation, Driver and Motor Vehicle Services Division.
(14) "Driving type" means a certification by
			 an applicant or holder of a CDL or CLP for one of the following:
(a) Non-excepted interstate: the person
			 operates or expects to operate in interstate commerce;
(b) Excepted interstate: the person operates
			 or expects to operate in interstate commerce but engages exclusively in
			 transportation or operations excepted under  49 CFR 390.3(f), 391.2, 391.68 or 398.3; or
(c) Non-excepted
			 intrastate: the person operates only in intrastate commerce.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0210 - CDL or CLP Medical Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0220 - Proof of Medical Qualification for a CDL or CLP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Proof of medical qualification for a
			 person who certifies a driving type of non-excepted interstate is:
(a) A CDLIS record that indicates the person
			 is medically qualified to operate a CMV in interstate commerce; or
(b) A valid unexpired Medical Examiner's
			 Certificate that conforms to the requirements of
			 49 CFR
			 391.43. When indicated on the certificate,
			 the Medical Examiner's Certificate must be accompanied by one or both of the
			 following:
(A) A valid unexpired notice of
			 exemption issued by FMCSA under the provisions of
			 49 CFR
			 381.300 to
			 381.330.
(B) A valid unexpired SPE certificate issued
			 by FMCSA under the provisions of
			 49
			 CFR 391.49.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0230 - Medical Qualification Procedures for CDL or CLP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for a CDL or CLP must have
			 proof of medical qualification as described in OAR
			 735-063-0220. DMV will not issue
			 a CDL or CLP if any proof of medical qualification is denied, expired,
			 rescinded, voided or revoked.
(2)
			 An applicant for a CDL or CLP who certifies a driving type of non-excepted
			 interstate must also certify on the application or renewal form that the
			 applicant meets the driver qualification requirements contained in 49 CFR part
			 391.
(3) To maintain proof of
			 medical qualification to operate a CMV, the holder of a CDL or CLP must have a
			 valid Medical Examiner's Certificate. Proof of medical qualification must be
			 provided to DMV when requested. If proof is not provided as required following
			 the expiration of the holder's current proof of medical qualification as
			 described in OAR 735-063-0220, DMV will cancel
			 the holder's commercial driving privileges as provided in OAR
			 735-063-0340.
(4) DMV is not responsible for any expenses
			 an applicant may incur for the acquisition of a valid Medical Examiner's
			 Certificate or duplicate Medical Examiner's Certificate.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  807.040
Stats. Implemented: ORS
				  807.040,
				  807.100 &
				  807.150
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0240 - Waiver of Physical Disqualification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule is applicable to holders of or
			 applicants for a CDL, CLP or Class C non-commercial license issued by DMV, who
			 intend to operate a CMV only in Oregon intrastate commerce or are exempt from
			 the physical qualification requirements in
			 49 CFR
			 391.41 and
			 391.43
			 under
			 49 CFR
			 390.3(f),
			 391.2,
			 391.68
			 or
			 398.3
			 but must have a medical certificate under ORS 807.100.
(2) For purposes of this rule, CMV means a
			 commercial motor vehicle as defined in
			 49
			 CFR 390.5 and includes a driver employed or
			 applying for employment to operate a CMV by a for-hire carrier as defined in
			 ORS 825.005.
(3) DMV may issue or
			 renew a Waiver of Physical Disqualification if the person is otherwise
			 disqualified from operating a CMV under
			 49 CFR
			 391.41(b) because of one or
			 more of the following disqualifying conditions:
(a) Loss or impairment of limb;
(b) Seizure disorder; or
(c) Hearing loss.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0250 - Knowledge Testing and Requirements for Issuance of CLP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for commercial driving
			 privileges must first apply for a CLP, except as specified in OAR 735-063-
			 0260(1).
(2) The class of CLP that
			 DMV will issue, and the endorsements and restrictions that DMV will place on
			 the CLP, are dependent on the knowledge tests that the applicant takes and
			 passes and current CDL that the applicant possesses, or, if the applicant is
			 applying for a replacement CLP, on the current CLP that the applicant
			 possesses.
(3) The provisions of
			 OAR 735-062-0040 also apply to the
			 knowledge tests given to an applicant for a CLP.
(4) For purposes of the issuance of a CLP, a
			 passing score for a knowledge test is valid for six months. Test scores have
			 validity as specified in OAR
			 735-063-0260(8).
(5) Except as provided for in section (6) of
			 this rule, all applicants for a CLP must have a valid score for the CDL general
			 knowledge test and additional knowledge test(s) as follows:
(a) An applicant for a Class A CLP must have
			 a valid score for the combination vehicles knowledge test.
(b) An applicant for a CLP with a passenger
			 endorsement must have a valid score for the passenger endorsement
			 test.
(c) An applicant for a CLP
			 with a school bus endorsement must have a valid score for the passenger
			 endorsement knowledge test and for the school bus endorsement test.
(d) An applicant for a CLP with a tank
			 endorsement must have a valid score for the tank endorsement knowledge
			 test.
(e) An applicant for a CLP
			 who wants to operate a CMV with air brakes must have a passing score for the
			 air brake knowledge test.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0260 - CDL Testing and Requirements for Issuance of CDL

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for a CDL must first be issued a CLP and pass a CDL skills test unless the
			 applicant qualifies for one of the following exceptions:
(a) The applicant currently holds an Oregon
			 CDL and is applying to renew or replace a CDL granting the exact same
			 privileges.
(b) The applicant
			 currently holds an Oregon CDL, is qualified for and has passed the knowledge
			 test to add one or more of the following endorsements:
(A) Tank;
(B) Hazardous Materials;
(C) Doubles/Triples.
(c) The applicant surrenders a CDL that is
			 valid or expired less than one year and was issued by another state or the
			 District of Columbia and the applicant:
(A)
			 Meets the qualifications set forth in OAR
			 735-062-0080 subsections (1)(a)
			 - (e);
(B) Surrenders a CDL that is
			 the same class as the CDL for which the application is made;
(C) Passes the vision screening;
			 and
(D) Complies with OAR
			 735-063-0250(8)(a) to
			 (d).
(d) The applicant meets the requirements of
			 OAR 735-063-0280 to be issued an
			 Oregon CDL based on the applicant's military training and experience operating
			 CMVs.
(e) The applicant surrenders
			 a valid, unexpired Licencia Federal de Conductor issued by the United Mexican
			 States or a valid, unexpired CDL issued by a Canadian Province or Territory in
			 conformity with the Canadian National Safety Code and meets the requirements
			 described in OAR 735-063-0263.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0260 - CDL Testing and Requirements for Issuance of CDL

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for a CDL must first be issued a CLP and pass a CDL skills test unless the
			 applicant qualifies for one of the following exceptions:
(a) The applicant currently holds an Oregon
			 CDL and is applying to renew or replace a CDL granting the exact same
			 privileges.
(b) The applicant
			 currently holds an Oregon CDL, is qualified for and has passed the knowledge
			 test to add one or more of the following endorsements:
(A) Tank;
(B) Hazardous Materials;
(C) Doubles/Triples.
(c) The applicant surrenders a CDL that is
			 valid or expired less than one year and was issued by another state or the
			 District of Columbia and the applicant:
(A)
			 Meets the qualifications set forth in OAR
			 735-062-0080 subsections (1)(a)
			 - (e);
(B) Surrenders a CDL that is
			 the same class as the CDL for which the application is made;
(C) Passes the vision screening;
			 and
(D) Complies with OAR
			 735-063-0250(8)(a) to
			 (d).
(d) The applicant meets the requirements of
			 OAR 735-063-0280 to be issued an
			 Oregon CDL based on the applicant's military training and experience operating
			 CMVs.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0262 - Entry-Level Driver Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
This rule establishes the requirements to complete ELDT for
				commercial knowledge and skills testing.
(1) Unless exempt under section (2) of this
			 rule, an applicant must complete all required ELDT from a certified training
			 provider listed in the TPR. An applicant:
(a)
			 For a Class A CDL, must successfully complete the Class A CDL ELDT prior to
			 taking a Class A CDL skills test. An applicant for a Class A CDL may optionally
			 fulfill this requirement by successfully completing the Class B to Class A
			 upgrade ELDT prior to taking the Class A CDL skills test if the person
			 previously held a Class B CDL.
(b)
			 For a Class B CDL, must successfully complete the Class B ELDT prior to taking
			 the Class B CDL skills test. An applicant for a Class B CDL may optionally
			 fulfill this requirement by successfully completing the Class A ELDT prior to
			 taking the Class B CDL skills test.
(c) For the hazardous materials endorsement,
			 must successfully complete the hazardous materials endorsement ELDT prior to
			 taking the hazardous materials endorsement knowledge test.
(d) For the passenger endorsement, must
			 successfully complete the passenger endorsement ELDT prior to taking the
			 passenger endorsement CDL skills test.
(e) For the school bus endorsement, must
			 successfully complete the school bus endorsement ELDT prior to taking the
			 school bus endorsement CDL skills test.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0263 - CDL Transfer from Canada or Mexico

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual
			 may apply to transfer a valid, unexpired Licencia Federal de Conductor issued
			 by a United Mexican State or a valid, unexpired CDL issued by a Canadian
			 Province or Territory for an equivalent Oregon CDL if the individual and their
			 employer meet all requirements described in this rule.
(2) An Oregon-based trucking company, as
			 defined in section (5) of this rule, that sponsors and employs an individual as
			 described in this rule must first contact DMV Driver Programs at
			 DMV_CDLPolicyUnit@odot.oregon.gov to establish eligibility for the transfer of
			 the individual's CDL.
(3) To
			 establish the individual's and employer's eligibility for CDL transfer under
			 this rule, the employer must provide the following information:
(a) The individual applicant's name, date of
			 birth and residence address;
(b) A
			 copy of the applicant's EB-3 visa;
(c) Evidence of the applicant's valid,
			 unexpired Licencia Federal de Conductor issued by the United Mexican States or
			 valid, unexpired CDL issued by a Canadian Province or Territory in conformity
			 with the Canadian National Safety Code that DMV is able to verify through the
			 Commercial Driver's License Information System;
(d) A statement from the company that it
			 withholds Oregon income tax for the applicant; and
(e) The information required in section (6)
			 of this rule to determine if the company meets the definition of an
			 Oregon-based trucking company, as defined in section (5) of this
			 rule.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0263 - CDL Transfer from Canada or Mexico

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of OAR 735-063-0260(1)(c),
			 an applicant may surrender a valid CDL issued by Canadian Provinces and
			 Territories or the United Mexican States. DMV may accept for surrender only:
(a) A Licencia Federal de Conductor issued by
			 the United Mexican States; or
(b) A
			 CDL issued by a Canadian Province or Territory in conformity with the Canadian
			 National Safety Code.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0265 - Issuance of Limited Term Non-Real ID CLP or CDL

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0268 - Issuance of Limited Term Real ID CDL

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0270 - Acceptance of Tests Conducted Out-of-State

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010
Stats. Implemented: ORS
				  807.070,
				  807.072,
				  807.080
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0280 - Military Skills Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0290 - Requirements for Issuance and Retention of a Hazardous Materials Endorsement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To obtain,
			 retain or renew a CDL with a hazardous materials endorsement, a person must be
			 qualified. To qualify for a hazardous materials endorsement a person must:
(a) Qualify for commercial driving privileges
			 or have a valid Oregon CDL.
(b)
			 Pass a hazardous materials endorsement knowledge test for an original
			 endorsement or a renewal.
(c) Pass
			 a security threat assessment (security check) from the Transportation Security
			 Administration (TSA) in accordance with 49 CFR Part 1572, including receipt by
			 DMV of a notice from TSA showing the person does not pose a security threat. A
			 person must pass a TSA security check:
(A)
			 Within four years and nine months prior to the date DMV issues an original
			 hazardous materials endorsement;
(B) At intervals of not more than five years
			 from the date of the person's most recent TSA security check; and
(C) Any other time required by DMV.
(d) Pay all required fees, which
			 include, but may not be limited to, any applicable issuance fee and hazardous
			 materials knowledge test fee.
(e)
			 Successfully complete the hazardous materials endorsement ELDT in accordance
			 with OAR 735-063-0262.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0310

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.200,
				  802.210,
				  802.540,
				  807.040,
				  807.045,
				  807.050,
				  807.060,
				  807.070,
				  807.150,
				  807.170 &
				  809.310
Stats. Implemented: ORS
				  802.200
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0311 - Driver Records for CDL-Holders and CMV Operators; Enforcement of Federally Required CDP Suspensions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule and
			 OAR 735-010-0110 apply to an
			 individual with a conviction or withdrawal, as designated in section (2) of
			 this rule, incurred while operating a commercial motor vehicle or while holding
			 commercial driving privileges, as described in ORS
			 807.018.
(2) DMV adopts and incorporates by reference
			 Appendix A: ACD Codes, Descriptions, and Abbreviations, from the AAMVA Code
			 Dictionary Manual, r5.2.2 (effective date November 30, 2018) as the list of
			 conviction and withdrawal codes used in driver records for individuals subject
			 to this rule.
(3) When DMV
			 receives a record, report or notice of a conviction or withdrawal, DMV shall
			 enter the appropriate code into the individual's driver records.
(4) When an individual changes the
			 individual's state of record from another jurisdiction in the United States,
			 DMV shall integrate the driving history from the other jurisdiction into the
			 Oregon driver record and add any convictions and withdrawals to the Oregon
			 driver record using the appropriate code. DMV does not integrate a driver
			 record from non-United States jurisdictions into the Oregon driver
			 record.
(5) DMV integrates into the
			 Oregon driver record convictions and withdrawals received from other
			 jurisdictions electronically through CDLIS, or by mail, fax, or email. DMV
			 retains withdrawal in Oregon driver records for informational purposes and to
			 allow DMV to make suspension determinations as described in section (6) of this
			 rule.
(6) When DMV determines that
			 either this state or another jurisdiction did not apply an appropriate sanction
			 to a driver record for an offense described in section (4) of this rule, DMV
			 applies the sanctions within the appropriate retention period for the specific
			 offense. DMV determines a sanction was not applied based on the presence or
			 absence of a withdrawal in the driver history record. If DMV later receives a
			 record of withdrawal reflecting the correct sanction period, DMV shall remove
			 its replacement sanction. If DMV determines that the other jurisdiction
			 sanctioned the driver for part of the federally-required minimum period, the
			 department shall impose a sanction for the remainder of the period
			 required.
(7) For the purposes of
			 ORS 809.510 to
			 809.540, a "record," "report" or
			 "notice" includes:
(a) An entire driver
			 record from another jurisdiction, received electronically, by mail, fax, or
			 email; and
(b) An individual or
			 grouped series of convictions from another jurisdiction, received
			 electronically, by mail, fax or email.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0320 - Report of Positive Drug Test Result from Medical Review Officer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A report
			 submitted by a medical review officer under ORS
			 825.410 or
			 825.415 must include a Report of
			 Positive Drug Test Under ORS
			 825.410 or
			 825.415 (DMV form 735-7200) and:
(a) A legible copy of a completed Federal
			 Custody and Control Form, Copy 2 - Medical Review Officer Copy; or
(b) Either an original or legible copy of a
			 document that contains, at a minimum, the following information:
(A) Full name of the person tested;
(B) Specimen ID number;
(C) Place of Specimen Collection;
(D) Date of Specimen Collection;
(E) Collector's name;
(F) Whether a split specimen was collected;
(G) The signature of the person
			 tested, certifying that: he or she provided an unadulterated specimen to the
			 collector; the specimen bottle was sealed with a tamper evident seal in the
			 person's presence; and the information on the label affixed to the specimen
			 bottle was correct;
(H) The date
			 the medical review officer verified the test result; and
(I) Signature of the medical review officer.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0330 - Hearing Request for Entry of Positive Drug Test Result on Employment Driving Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When DMV
			 receives a report described in OAR
			 735-063-0320, DMV will notify
			 the person who is the subject of the report that the person has a right to
			 request a hearing to determine whether a positive drug test result will be
			 placed on the person's employment driving record.
(2) A hearing request must be in writing and
			 must include:
(a) The person's full name;
(b) The person's complete mailing
			 address;
(c) The person's Oregon
			 driver license number; and
(d) A
			 brief statement of the issues the person proposes to raise at the hearing. The
			 issues are limited to those set forth in ORS
			 825.412(3) or
			 825.418(3).
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0340 - Cancellation or Suspension of Commercial Driving Privileges Due to No Valid Proof of Medical Qualification or Failure to Have Restriction on the CDL or CLP when Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV
			 will cancel a person's commercial driving privileges if any proof of medical
			 qualification, as described in OAR
			 735-063-0220, is denied,
			 expired, rescinded, voided or revoked.
(2) DMV will cancel a person's commercial
			 driving privileges if proof of medical qualification, as described in OAR
			 735-063-0220, is not submitted
			 when requested by DMV.
(3) When a
			 person's commercial driving privileges have been cancelled under section (1) or
			 (2) of this rule, DMV will restore the person's commercial driving privileges
			 if the person submits proof of medical qualification as described in OAR
			 735-063-0220.
(4) Failure of a person to obtain the "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 commercial driving privileges in accordance with ORS
			 807.010(1) and
			 809.310(1).
(5) Failure of a person to obtain the "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 commercial driving privileges in accordance with ORS
			 807.010(1) and
			 809.310(1).
(6) DMV will suspend, for one year, a
			 person's commercial driving privileges and the person's right to apply for
			 commercial driving privileges if DMV determines that the person submitted false
			 information to DMV for the purpose of establishing or maintaining qualification
			 to operate a CMV; or hold a CDL or a CLP.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  807.040,
				  807.100 &
				  809.415(6)
Statutes/Other Implemented: ORS
				  807.040,
				  807.100 &
				  809.415(6)
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0350 - Denial or Revocation of an Oregon Waiver of Physical Disqualification

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010
Stats. Implemented: ORS
				  807.040,
				  807.150
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0360 - Serious Traffic Offenses

Current through Register Vol. 63, No. 7, July 1, 2024
This rule lists the traffic offenses DMV has determined to be
				serious traffic offenses and provides the Oregon statutes and corresponding
				AAMVA Code Dictionary codes for those offenses.
(1) An offense under this section is a
			 serious traffic offense if the conviction directly results in the revocation,
			 cancellation, or suspension of the CLP or CDL-holder's license or non-CMV
			 driving privileges by this state, another state or territory of the United
			 States, or by another country. While operating a non-CMV and holding commercial
			 driving privileges, a serious traffic offense means an offense of:
(a) Speeding excessively, involving any speed
			 of 15 miles per hour or more above a regulated, posted, or basic rule speed
			 limit; ACD codes S15, S16, S21, S26, S31, S36, S41, S71, S81, S91, and
			 S92.
(b) Reckless driving - ORS
			 811.140; ACD code M84.
(c) Failure to drive within a lane - ORS
			 811.370; ACD code M42.
(d) Unsafe passing on the left - ORS
			 811.410; ACD code M42.
(e) Unsafe passing on the right - ORS
			 811.415; ACD code M42.
(f) Following too closely - ORS
			 811.485; ACD code M34.
(g) Any violation of a motor vehicle traffic
			 control law if the violation has the same offense date as a fatal accident, and
			 the accident and violation occurred in the same incident - ACD code U31.
			 Violations under this subsection are those listed in OAR
			 735-064-0220 and include city
			 traffic offenses, offenses under federal law, the laws of another state or
			 territory of the United States, or by another country. This subsection does not
			 apply to violations of parking laws or laws regulating vehicle weight or
			 equipment.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0370 - Effect of Suspension, Cancellation or Revocation on Commercial Driving Privileges

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010
Stats. Implemented: ORS
				  809.360,
				  809.380,
				  809.430,
				  809.510-
				  809.540
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0380 - Reinstatement of CDL Disqualification

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 63 - COMMERCIAL DRIVING PRIVILEGE PROVISIONS › Section 735-063-0390 - CMV Used In Human Trafficking

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For the purposes of ORS
			 809.520(2) and
			 this rule:
(a) DMV adopts the following
			 defined terms in effect as of January 1, 2021:
(A)
										22
			 USC 7102(1) - Abuse or
			 threatened abuse of law or legal process;
(B)
										22
			 USC 7102(3) -
			 Coercion;
(C)
										22
			 USC 7102(4) - Commercial sex
			 act;
(D)
										22
			 USC 7102(7) - Debt
			 bondage;
(E)
										22
			 USC 7102(8) - Involuntary
			 servitude; and
(F)
										22
			 USC 7102(12) - Sex
			 trafficking.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in Division 64 rules, unless the context requires
				otherwise:
(1) "DMV" means the Driver
			 and Motor Vehicle Services Division of the Oregon Department of
			 Transportation.
(2) "DUII" means
			 driving under the influence of intoxicants.
(3) "Fee" means an amount described in ORS
			 807.370.
(4) "IID" means ignition interlock
			 device.
(5) "Intoxicant" has the
			 meaning set forth in Oregon Laws 2023, Chapter 498.
(6) "Immediate family" means the applicant's
			 spouse or partner in a domestic partnership, children, stepchildren, brother,
			 sister, mother, father, mother-in-law, father-in-law, grandmother or
			 grandfather.
(7) "Family member"
			 means any of the following relatives who live within the same household as the
			 applicant: the applicant's spouse or partner in a domestic partnership,
			 children, stepchildren, brother, sister, mother, father, mother-in-law,
			 father-in-law, grandmother or grandfather.
(8) "Necessary Services" means driving to and
			 from grocery shopping, driving the applicant or the applicant's children to and
			 from school, driving to and from childcare, driving to and from medical
			 appointments and caring for elderly family members.
(9) "Care for elderly family member" means
			 driving to and from the residence of the elderly family member.
(10) "Oregon resident" means a person who is
			 domiciled in this state as defined by ORS
			 803.355 or is a resident of this
			 state as defined by ORS
			 807.062(4) and
			 (5).
(11) "Private transportation" means family
			 members, friends or fellow employees who are able to serve the applicant's
			 transportation needs.
(12) "Public
			 transportation" means bus, shuttle or commuter service that is able to serve
			 the applicant's transportation needs.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  807.240 &
				  807.270
Statutes/Other Implemented: ORS
				  807.240 &
				  813.520
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010,
				  807.240,
				  807.252 &
				  807.270
Stats. Implemented: ORS
				  807.062,
				  807.240,
				  807.250,
				  807.270,
				  809.265,
				  809.380,
				  809.390,
				  809.419,
				  809.421,
				  813.500 &
				  813.602
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  807.240&
				  807.270
Stats. Implemented: ORS
				  807.240,
				  807.270 &
				  813.520
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0040 - Application Requirements for a Hardship Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Oregon resident whose driving
			 privileges are suspended, or revoked under ORS
			 809.600 as a habitual offender,
			 may apply for a hardship permit. DMV may not issue a hardship permit when:
(a) DMV is prohibited by law from issuing a
			 hardship permit.
(b) The suspension
			 of the person's driving privileges is ordered under ORS
			 809.419 whereby the person is
			 unable to demonstrate that the person is not incompetent to drive because of a
			 mental or physical condition or impairment that affects the person's ability to
			 safely operate a motor vehicle.
(c)
			 The suspension is an immediate suspension of the person's driving privileges
			 ordered under ORS 809.417(3)(c)
			 for causing or contributing to an accident resulting in death while operating a
			 motor vehicle. When DMV has reason to believe that the person may endanger
			 people or property if the person's driving privileges are not immediately
			 suspended, a condition of the immediate suspension is that the person may not
			 be issued a hardship permit.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0060 - Standards for Issuance of Hardship Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All hardship permits are restricted to
			 minimally meet the applicant's needs. Upon request, the permit holder must
			 submit verification of those needs to DMV or law enforcement. The person must
			 have the hardship permit in addition to a valid driver license in the person's
			 possession at all times when driving.
(2) DMV may issue hardship permits only for
			 the following purposes:
(a) Occupational and
			 employment purposes;
(b)
			 Occupational training or education that is required by the applicant's
			 employer;
(c) Transportation to and
			 from a gambling addiction, alcohol or drug treatment or rehabilitation
			 program;
(d) To seek
			 employment;
(e) To obtain medical
			 treatment on a regular basis for the person or a member of the person's
			 immediate family; and
(f) For
			 necessary services, as defined in OAR
			 735-064-0005.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0070 - Ignition Interlock Device (IID) Requirement for Issuance of Hardship, Probationary or Hardship/Probationary Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a person whose driving privileges
			 are suspended or revoked applies for a hardship or, probationary permit, DMV
			 will require the applicant to install an IID in any vehicle operated by the
			 applicant if the applicant's driving record shows any of the following:
(a) A current suspension based on a
			 conviction for DUII in an Oregon court;
(b) A current IID required:
(A) As a condition of a DUII Diversion
			 Agreement;
(B) By ORS
			 813.602(1) or
			 (2) following the end of a suspension or
			 revocation of driving privileges based on a conviction for DUII or any crime
			 that carries a statutory minimum one, two or five year IID requirement;
			 or
(C) As a result of DMV not
			 receiving an IID Certification - No Negative Report (DMV form 735-7379) that
			 would end the applicant's IID requirement.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0080 - How the Hardship Permit Is Issued

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV will mail a hardship permit to the
			 address the applicant submitted on the applicant's Hardship Permit Application
			 when all of the documents are received by DMV and a hardship permit is
			 approved.
(2) A replacement license
			 is included in the fee for the hardship driver permit application imposed under
			 ORS 807.370(1)(L).
			 The applicant must apply for and pay the applicable driver license renewal or
			 original issuance fee set forth in ORS
			 807.370 to renew a driver
			 license or to be issued an original driver license.
(3) A Real ID issued under this section shall
			 be subject to any fee imposed under ORS
			 807.460.
(4) The hardship permit will contain specific
			 restrictions applicable to the applicant. The person must carry the hardship
			 permit in addition to a valid driver license at all times while
			 driving.
(5) Notwithstanding OAR
			 735-064-0110, a hardship permit
			 is valid until one of the following occurs, whichever comes first:
(a) The end date of the suspension or
			 revocation;
(b) The end date of the
			 hardship permit, if the permit was issued for the purposes of seeking
			 employment under OAR 735-064-0060(5);
			 or
(c) The expiration date of the
			 person's driver license.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0090 - How to Change the Hardship Permit Driving Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a person
			 needs to change the driving restrictions on a hardship permit, the person must
			 submit a request with new information, as described in this rule, to the Driver
			 Sanctions Unit, DMV, 1905 Lana Avenue N.E., Salem, Oregon 97314, or online at
https://DMV2U.oregon.gov
.
(2) A person must submit verification of
			 employment as required by OAR
			 735-064-0040, if the change
			 requested is employment related and the person is required to drive as part of
			 the person's job description.
(3) A
			 person who is eligible to drive to and from medical treatment as described in
			 OAR 735-064-0040, must submit a
			 signed statement from the physician as required in OAR
			 735-064-0040.
(4) After receiving the information described
			 in section (1) and either section (2) or (3) of this rule, DMV will mail the
			 applicant a hardship permit with new driving restrictions. The person must have
			 the hardship permit in addition to a valid driver license in the person's
			 possession at all times while driving.
(5) If a person is requesting a change to a
			 hardship or probationary permit issued before January 1, 2019, any requirement
			 in an applicable statute or administrative rule in effect immediately before
			 January 1, 2019, applies.
Statutory/Other Authority: ORS
				  184.619,
				  802.010 &
				  807.240
Statutes/Other Implemented: ORS
				  807.240