Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 74 - AT-RISK DRIVER PROGRAM - MANDATORY REPORT FOR MEDICAL PROFESSIONALS › Section 735-074-0140 - DMV Response to Mandatory Report - Suspension, Opportunity to Re-Test, Reinstatement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV will
			 review a report received under OAR 735-074-0120  to determine if sufficient
			 information has been provided. If the report does not contain the information
			 required by OAR 735-074-0120  DMV may contact or return the form to the
			 reporting physician or health care provider for completion. If the report does
			 not meet the requirements of a mandatory report, but if the report is of a
			 possible mental or physical condition or impairment that indicates the person
			 is no longer qualified to hold a driver license, driver permit or endorsement
			 or may no longer be able to drive safely, DMV will review the report under the
			 non-mandatory program described in OAR chapter 735, division 76 to determine
			 what action, if any, is appropriate.
(2) Using the standards set forth in OAR
			 735-074-0130, or when otherwise recommended by the Medical Determination
			 Officer, DMV will suspend driving privileges or the right to apply for driving
			 privileges under ORS 809.419(3), if it is determined from the report submitted
			 under OAR 735-074-0120  that the person has a mental or physical condition or
			 impairment that affects the person's ability to safely operate a motor vehicle
			 upon the highways. Driving privileges or the right to apply for driving
			 privileges will be immediately suspended if DMV has reason to believe the
			 person may endanger people or property if not immediately suspended.
(3) If DMV receives a report that indicates
			 that a person's vision does not meet the vision standards set forth in OAR
			 735-062-0050, DMV will immediately suspend the person's driving privileges or
			 right to apply for driving privileges under ORS 809.419(3). To be eligible for
			 reinstatement of driving privileges the person must: submit proof from a
			 licensed optometrist or physician who specializes in the diagnosis and
			 treatment of eye diseases that the person's vision, with or without corrective
			 lenses, meets the vision standards set forth in OAR 735-062-0050.
(4) A person whose driving privileges and
			 right to apply for driving privileges are suspended because of a functional
			 impairment may request to be tested by DMV to demonstrate that notwithstanding
			 the impairment, the person is qualified to safely operate a motor vehicle. If
			 the request is granted, DMV will administer a vision screening under OAR
			 735-062-0050, a knowledge test under 735-062-0040  and a DMV drive test under
			 735-062-0070. DMV will deny the request if it has reason to believe the person
			 is unable to safely operate a motor vehicle during a drive test. If the request
			 is denied, DMV may give the person tests if the person:
(a) Receives a determination of eligibility
			 from the Medical Determination Officer;
(b) Submits proof of successful completion of
			 a driver rehabilitation program conducted by a rehabilitation
			 specialist;
(c) Submits proof of
			 successful completion of a driver training course conducted by an ODOT
			 certified commercial driver training school; or
(d) Submits proof that the person's motor
			 vehicle is equipped with an appropriate adaptive device(s), such as hand
			 controls, and provides documentation that the person knows how to use and has
			 practiced with the adaptive devices(s).