reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0100 - Hardship or Probationary Permit Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person issued a hardship or
			 probationary permit must not do any of the following:
(a) The person must not drive outside the
			 hardship or probationary permit driving restrictions;
(b) The person must not be convicted of or
			 forfeit bail for more than one traffic offense listed in ORS
			 809.600(2)(b)
			 (including city traffic offenses and similar offenses under federal or state
			 law) within any 12-month period. See OAR
			 735-064-0220 for a list of
			 offenses and statutory references;
(c) The person must not be convicted of or
			 forfeit bail for an offense as specified in ORS
			 809.600(1)(a) through
			 (g). These offenses are: murder,
			 manslaughter, criminally negligent homicide, assault, recklessly endangering
			 another person, menacing, or criminal mischief resulting from the operation of
			 a motor vehicle; reckless driving, driving while under the influence of
			 intoxicants, failure to perform the duties of a driver involved in an accident
			 or collision, criminal driving while suspended or revoked, fleeing or
			 attempting to elude a police officer, aggravated vehicular homicide or
			 aggravated driving while suspended or revoked;
(d) The person must not use intoxicants and
			 drive;
(e) The person must not
			 refuse to submit to a chemical breath test, blood test or urine test;
(f) The person must not be convicted of or
			 forfeit bail for an offense under ORS
			 811.170 or
			 811.481; or
(g) The person must not falsify any
			 information appearing on the Hardship/Probationary Application.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0110 - Consequences of Violations of Restrictions, Conditions, Limitations or Requirements of a Hardship or Probationary Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV will suspend a person's hardship or
			 probationary permit when a person fails to maintain any of the requirements
			 listed in this section. The suspension will remain in effect until the person
			 complies with the requirement or until the requirement is no longer a condition
			 of the hardship or probationary permit, as follows:
(a) Failure to maintain a future
			 responsibility filing required by ORS
			 807.240(3)(e);
(b) Failure to maintain installation of an
			 ignition interlock device as required by ORS
			 813.602(1)(a);
(c) Failure to maintain a recommendation from
			 a program approved by OHA as required by OAR
			 735-064-0040(5);
			 or
(d) Failure to maintain a
			 recommendation from the judge that convicted the person as required by ORS
			 807.250.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0220 - Traffic Offenses Used in Habitual Offender, Driver Improvement, CMV Serious Offenses and Hardship Driver Permit Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A conviction for an offense listed in
			 Table 1 or Table 2 of this rule counts toward:
(a) The Habitual Offender Program pursuant to
			 ORS 809.600(2);
(b) The Provisional Driver Improvement
			 Program and Adult Driver Improvement Program outlined in Oregon Administrative
			 Rule chapter 735, division 72;
(c)
			 Motor vehicle traffic control offenses connected to a fatal accident as
			 described in OAR 735-063-0360 that can lead to a
			 suspension of commercial driving privileges; and
(d) Revocation of a hardship permit pursuant
			 to OAR 735-064-0100 and
			 735-064-0110.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0230 - Emergency Driver Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An emergency
			 driver permit authorizes operation of only those vehicles that the holder of a
			 Class C non-commercial driver license may operate, and does not include
			 operation of any vehicle that requires commercial driving privileges or an
			 endorsement.
(2) DMV may issue an
			 emergency driver permit to a person between 14 and 18 years of age for an
			 emergency situation only, and not for convenience. An emergency situation
			 includes, but is not limited to, the need for a person to drive to and from:
(a) Medical appointments and treatment for
			 the person or a member of the person's immediate family when no other means of
			 transportation is available;
(b)
			 Work or on the job when no other transportation is available and the person's
			 employment is essential to the welfare of the person's family;
(c) Work or on the job when the person's
			 employment is necessary to help harvest crops that may go unharvested or be
			 lost if the person is unable to drive; and
(d) Grocery stores when no other means of
			 transportation is available.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0235 - Special Student Driver Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A special student driver permit
			 authorizes operation of only those vehicles that the holder of a Class C driver
			 license may operate, and does not include operation of any vehicle that
			 requires commercial driving privileges or an endorsement.
(2) A special student driver permit
			 authorizes a person to only drive between the person's home and the closest
			 alternate means of transportation, or if alternate transportation does not
			 exist, between home and the school, college or other educational institution in
			 which the person is enrolled and is attending for an educational purpose. An
			 educational purpose includes participation in extra-curricular activities as
			 long as the student drives only to the student's school, college or educational
			 institution for which the permit is issued.
(3) Except as provided in section (4) of this
			 rule, an applicant for a special student driver permit must:
(a) Submit a completed Student Driver's
			 Permit Application, Form 735-0009, that is:
(A) Signed by the applicant's parent or legal
			 guardian;
(B) Approved by the
			 sheriff of the county in which the applicant resides; and
(C) Signed by the principal of the school or
			 educational institution, or registrar of the college, in which the applicant is
			 enrolled;
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 64 - SPECIAL DRIVER PERMITS › Section 735-064-0237 - Cancellation of an Emergency Driver Permit or Special Student Driver Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person issued
			 an emergency driver permit or special student driver permit shall not drive
			 outside the permit driving restrictions. DMV will cancel an emergency driver
			 permit or special student driver permit if DMV determines that the permit
			 holder has driven outside the permit driving restrictions.
(2) In making a determination under section
			 (1) of this rule, DMV may rely on information that indicates the person has
			 driven outside the permit restrictions including, but not limited to the
			 following:
(a) A police report which
			 indicates the permit holder has driven outside of the permit driving
			 restrictions;
(b) An accident
			 report which indicates the permit holder has driven outside of the permit
			 driving restrictions;
(c) A letter,
			 on Sheriff's Department letterhead, signed by the sheriff of the county in
			 which the permit holder resides, which indicates the permit holder has driven
			 outside of the permit driving restrictions;
(d) A letter, on school letterhead, signed by
			 the principal of the school the permit holder attends, which indicates the
			 permit holder has driven outside of the permit driving restrictions;
(e) Any court conviction which indicates the
			 permit holder has driven outside of the permit driving restrictions;
			 or
(f) A written report from any
			 individual which indicates the permit holder has driven outside of the permit
			 driving restrictions. The report must be signed by the author and must identify
			 the author in a manner which will allow DMV to contact him/her for further
			 information, if necessary.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0000 - Driver License Cancellations - Not Entitled to Driving Privileges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV will, under
			 the provisions of ORS
			 807.350 and
			 809.310(1),
			 cancel a person's driving privileges if DMV determines the person is not
			 entitled to or no longer qualified for a driver permit or driver
			 license.
(2) A person is not
			 entitled to a driver permit or driver license if the person does not meet the
			 eligibility requirements of ORS
			 807.024,
			 807.040,
			 807.060,
			 807.062,
			 807.065,
			 807.066 and
			 807.070.
(3) A person is not entitled to a driver
			 permit or driver license if the person's driving privileges are suspended or
			 revoked in any jurisdiction.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  802.010
Stats. Implemented: ORS
				  802.540,
				  807.040,
				  807.050,
				  807.060,
				  807.070,
				  807.120,
				  807.150,
				  807.400 &
				  809.310
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0006 - Reinstatement of Driving Privileges Suspended for Obtaining False ID

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Chapter 14,
			 Oregon Law 2012 allows DMV to reinstate driving privileges prior to the full
			 year suspension required under ORS
			 809.415(5) if
			 DMV determines the person committed an act constituting an offense described in
			 ORS 809.310(3)(a) or
			 (b) when he or she was under 21 years of age
			 and the only reason for the act was to obtain a driver license, driver permit
			 or identification card that would make the person appear old enough to purchase
			 or consume alcohol or to enter licensed premises prohibited to
			 minors.
(2) A person may request
			 reinstatement of driving privileges if the person's driving privileges or right
			 to apply for driving privileges are suspended under ORS
			 809.415(5) and
			 OAR 735-070-0004(3)
			 for committing an act that constitutes an offense under ORS
			 809.310(3)(a) or
			 (b). To request reinstatement, the person
			 must submit a written request for an administrative review. The request for an
			 administrative review must include a signed statement describing how and for
			 what purpose the person obtained a driver license or identification card when
			 he or she committed the act under ORS
			 809.310(3)(a) or
			 (b).
(3) Upon receipt of a request described under
			 section (2) of this rule, DMV will conduct an administrative review to
			 determine if the person's driving privileges or right to apply for driving
			 privileges should be reinstated. DMV will authorize reinstatement of driving
			 privileges or the right to apply, only if DMV determines the circumstances of
			 the person's commission of an act under ORS
			 809.310(3)(a) or
			 (b) meets all of the following criteria:
(a) The person was under 21 years of age at
			 the time the person committed the act;
(b) The person's driving privileges were not
			 suspended or revoked at the time the person committed the act;
(c) The person did not commit more than one
			 act described in ORS 809.310(3)(a) or
			 (b); and
(d) It appears from the statement provided
			 that the act was committed solely for the purpose of attempting to purchase,
			 purchasing, consuming or acquiring alcoholic beverages or entering or
			 attempting to enter licensed premises posted or otherwise identified as being
			 prohibited to the use of minors.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0010 - Reinstatement Following Cancellation or Suspension Under ORS 807.220, 807.230, 807.350, 809.310 and 809.320

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 DMV will reissue a driver permit, driver license or identification card to a
			 person whose driving privileges or identification card is canceled under ORS
			 809.310(1)
			 because the person is not entitled only if the person corrects the condition
			 that caused the cancellation and otherwise meets all requirements for driving
			 privileges or an identification card.
(2) DMV will reissue a driver permit, driver
			 license or identification card canceled under ORS
			 809.310(2)
			 because there is an error, i.e. wrong class of license or permit, incorrect
			 endorsement; incorrect date of birth, name, expiration date or issue date once
			 the person surrenders the driver permit, driver license or identification card
			 with the error. If the information on the driver permit, driver license or
			 identification card is wrong because of a DMV error, a no fee replacement will
			 be issued.
(3) DMV will reissue a
			 driver permit, driver license or identification card canceled under ORS
			 809.310(2)
			 because the address is not the person's residence address as required by law
			 once the person surrenders the driver permit, driver license or identification
			 card with the incorrect information and the person provides DMV with acceptable
			 documentary proof of residence address as described in OAR
			 735-062-0030(1)
			 and pays all applicable fees.
(4)
			 Notwithstanding sections (1), (2) and (3) of this rule, when a person whose
			 driving privileges or identification card are canceled under ORS
			 809.310(1) or
			 809.310(2) is
			 not a resident of Oregon, DMV will rescind the cancellation to allow the person
			 to obtain driving privileges or an identification card in another jurisdiction
			 but will not reissue an Oregon driver license, driver permit, or identification
			 card. The person must:
(a) Request that DMV
			 rescind the cancellation;
(b) Have
			 corrected all applicable conditions that caused the cancellation except for the
			 domicile or residency requirements under ORS
			 807.062; and
(c) Provide verification from another
			 jurisdiction that:
(A) The person has applied
			 and meets the requirements for driving privileges or an identification card in
			 that jurisdiction;
(B) The person
			 has surrendered their Oregon driver license or identification card to the
			 jurisdiction, or has stated that the card was surrendered to DMV or that it was
			 lost, destroyed or mutilated; and
(C) The cancellation must be rescinded in
			 order for the person to qualify for driving privileges or an identification
			 card in the other jurisdiction.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0015 - NDR/PDPS and CDLIS Checks at Reinstatement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before reinstating suspended driving
			 privileges, DMV will make an inquiry to the National Driver Register/Problem
			 Driver Pointer System (NDR/PDPS) and the Commercial Driver License Information
			 System (CDLIS) to determine if the person's driving privileges are suspended,
			 revoked, canceled, or otherwise not valid in any other jurisdiction.
(2) DMV will not reinstate suspended driving
			 privileges until the person's driving privileges are reinstated or otherwise
			 valid in all jurisdictions, unless the only remaining reinstatement requirement
			 in another jurisdiction is proof of financial responsibility. Nothing in this
			 section prohibits DMV from reinstating a regular Class C driver license to a
			 person whose commercial driving privileges are not valid in all other
			 jurisdictions as long as the person's regular Class C or equivalent driving
			 privileges are valid in all other jurisdictions.
(3) This rule does not apply if:
(a) The person has never been issued Oregon
			 driving privileges;
(b) The
			 person's Oregon-issued driving privileges are expired, revoked or cancelled;
			 or
(c) The person's Oregon-issued
			 driving privileges are suspended but the person has subsequently been issued
			 driving privileges in another jurisdiction.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0020 - Hearing Following a Cancellation

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 grant a contested case
			 hearing for cancellation actions in accordance with sections (5) and (6) of
			 this rule.
(2) A request for a
			 hearing on the cancellation of a driver permit, driver license or
			 identification card must comply with the requirements established in OAR
			 735-070-0110.
(3) When DMV receives a timely request for a
			 hearing on the cancellation of a driver permit, driver license, or
			 identification card, the cancellation will not go into effect pending the
			 outcome of the hearing, except in the following situations:
(a) When DMV determines that there is a
			 serious danger to the public health, safety, or welfare;
(b) When the cancellation is due to a
			 person's inability to establish identity as required in ORS
			 807.024 and OAR
			 735-062-0016;
(c) When the cancellation is for withdrawal
			 of parent's consent; or
(d) When
			 the cancellation has gone into effect.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0030 - Suspension/Revocation for Out-of-State Conviction, Suspension or Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 ORS 809.400(1):
(a) The date a notice of conviction is
			 received by the Driver and Motor Vehicle Services Division of the Oregon
			 Department of Transportation (DMV) is:
(A) The
			 date the notice of conviction is date stamped by the Driver Records Unit;
			 or
(B) The date the notice of
			 conviction is electronically transmitted to Oregon DMV from the reporting
			 jurisdiction.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0035 - Effect of Commercial Driving Privilege Withdrawal on Non-Commercial Driving Privileges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV may
			 withdraw a person's commercial driving privileges without withdrawing the
			 person's non-commercial driving privileges
(2) DMV may not issue a hardship permit to
			 operate a commercial motor vehicle.
(3) When DMV withdraws a person's commercial
			 driving privileges without withdrawing a person's non-commercial driving
			 privileges, the person shall surrender the person's commercial driver license
			 and apply for a Class C driver license.
(4) For the purpose of this rule, "withdraw"
			 or "withdrawal" means cancellation, suspension, revocation, or disqualification
			 of commercial driving privileges by this state or by another
			 jurisdiction.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  802.200 & 807
Statutes/Other Implemented: ORS
				  809.240 &
				  49 CFR
				  384.210
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0037 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010,
				  802.200
Stats. Implemented: ORS
				  801.477,
				  809.413
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0050 - Designated Agents for Vehicle Suspensions

Current through Register Vol. 63, No. 7, July 1, 2024
The Driver and Motor Vehicle Services Division of the
				Department of Transportation may designate any peace officer as its agent for
				the purposes of assisting in the maintaining, storage, and disposing of license
				plates and vehicle registration cards secured under ORS
				809.020(2)(a).
Stat. Auth.: ORS 809
Stats. Implemented: ORS
				  809.020
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0054 - Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A police
			 report required by ORS
			 813.100 must be submitted to the
			 Driver and Motor Vehicle Services Division of the Oregon Department of
			 Transportation (DMV) on forms approved and distributed by the
			 department.
(2) For DMV to suspend
			 a person's non-commercial Class C driving privileges, commercial driving
			 privileges or both or right to apply for driving privileges or a commercial
			 driving privileges under ORS
			 813.410 for failure of a breath
			 test or for refusal of a breath, blood or urine test, the implied consent
			 form(s) must:
(a) Be received by DMV on or
			 before the 30th day after the date of arrest; and
(b) Contain the following information:
(A) Specify all of the following that apply:
(i) The person failed a breath
			 test;
(ii) The person refused a
			 breath test;
(iii) The person
			 refused a blood test;
(iv) The
			 person refused a urine test;
(v)
			 The person was operating a commercial motor vehicle;
(vi) The person was operating a vehicle
			 transporting hazardous materials.
(B) A date of arrest; and
(C) The reporting officer's signature below
			 the statement, "I affirm by my signature that the foregoing events occurred."
			 The officer's signature will be considered acceptable if located anywhere on
			 the line of the form directly below the statement.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0055 - Withdrawal of Implied Consent Forms by Police Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Driver and Motor Vehicle Services
			 Division of the Oregon Department of Transportation (DMV) shall allow the
			 withdrawal of any form issued under ORS
			 813.100 when DMV receives
			 written notice from the original reporting police agency or, if the police
			 agency no longer exists, from the district attorney's office in the
			 jurisdiction of the originating police agency. The notice of withdrawal shall:
(a) State which requirements under ORS
			 813.120 were not met;
(b) Be written on official police agency
			 letterhead or on letterhead of the district attorney's office if the police
			 agency no longer exists;
(c) Be
			 signed by the head of the police agency that issued the form or another
			 superior officer in the agency, or the district attorney or the district
			 attorney's designee if the police agency no longer exists;
(d) State the name of the person to whom any
			 form issued under ORS
			 813.100 was issued and the date
			 of the arrest; and
(e) Be submitted
			 to DMV.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0060 - Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 Oregon Department of Transportation, Driver and Motor Vehicle Services Division
			 (DMV) must verify to its satisfaction that it has suspended the driving
			 privilege of the wrong person under ORS
			 813.410, DMV must receive
			 written notice from the original reporting police agency or, if the police
			 agency no longer exists, from the District Attorney's office in the
			 jurisdiction of the originating police agency. The notice:
(a) Must be signed by the reporting officer
			 or a superior officer, or the district attorney if the police agency no longer
			 exists;
(b) Must state the name of
			 the person whose name was falsely used;
(c) Should include the name, address and date
			 of birth of the person actually arrested for driving under the influence of
			 intoxicants, if known; and
(d)
			 Should include the date of arrest.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0080 - Ignition Interlock Device (IID) as Requirement Following DUII Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person convicted by an Oregon Court of
			 Driving Under the Influence of Intoxicants (DUII) must install and use an IID
			 for the period of time specified in ORS 813.602(1) or (2).
(2) DMV will suspend driving privileges for
			 the period of time specified in ORS 813.620 for failure to install an IID if
			 proof that an approved IID has been installed in the person's vehicle is not
			 submitted to DMV by the ending date of the DUII suspension. The proof must be
			 an installation report form showing an approved device, as described in OAR
			 735-118-0010.
(3) A person may
			 operate a vehicle(s) without an IID, if the person is medically unable to
			 operate a vehicle equipped with an IID, and DMV grants a medical exemption from
			 the IID requirement. To avoid suspension of driving privileges for failure to
			 install an IID, the person must apply before the last day of the DUII
			 suspension and submit to DMV:
(a) A written,
			 signed statement from an IID provider that the provider is unable to adapt an
			 IID to accommodate usage by the person because of the person's medical
			 condition; and
(b) A written,
			 signed statement from the person's medical doctor, doctor of osteopathic
			 medicine, naturopathic doctor, physician associate or nurse practitioner
			 containing the following information:
(A) The
			 name of the exempting condition;
(B) Whether the condition is temporary or
			 permanent and if temporary, when the condition will no longer prevent usage of
			 an IID; and
(C) Whether the
			 exemption is required because the condition results in the inability to sustain
			 an exhaled breath sampling of five pounds of pressure for five seconds required
			 to operate the device or results in a ketone level in the person's breath which
			 will not allow the driver to successfully complete the test.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0082 - Medical Exemption from IID Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A person may qualify for a medical exemption from the ignition interlock device
			 (IID) requirement under ORS 813.602(1) and (2) if the person provides
			 satisfactory evidence to DMV that due to a medical condition or impairment the
			 person is unable to operate an IID or unable to safely operate a motor vehicle
			 equipped with an IID. The following definitions apply:
(a) A "health care provider" is a person
			 licensed, certified or otherwise authorized or permitted by law to administer
			 health care in the State of Oregon. For purposes of these rules, the term
			 health care provider is limited to: a chiropractic physician, nurse
			 practitioner, and physician associate.
(b) A "primary care provider" is a physician
			 or health care provider who is responsible for supervising, coordinating and
			 providing a person's initial and ongoing health care.
(c) "Unable to safely operate a motor vehicle
			 equipped with an IID" means the person's medical condition or functional
			 impairment prevents the person from safely operating a motor vehicle when
			 requested to perform an IID rolling retest while operating a motor vehicle
			 equipped with an IID.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0085 - Proof of Treatment Completion Required for Reinstatement of DUII Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in section (3) of this rule, a person whose driving privileges are
			 suspended due to a conviction in an Oregon court of driving under the influence
			 of intoxicants (DUII) must provide as proof that the person completed a
			 treatment program to which the person was referred under ORS
			 813.021, a DUII Treatment
			 Completion Certificate (Certificate), DMV Form 735-6821. The Certificate must
			 be completed by an authorized representative of an Oregon DUII treatment
			 program approved by the Director of the Oregon Health Authority (OHA) or by an
			 authorized representative of OHA on behalf of an Oregon DUII treatment provider
			 or an out-of-state DUII treatment provider.
(2) If the person has more than one
			 suspension of driving privileges resulting from DUII convictions, the
			 Certificate required under section (1) of this rule is sufficient for
			 reinstatement of all DUII suspensions with arrest dates that were before the
			 date treatment was completed. For purposes of this section, the Certificate
			 must show the date treatment was completed.
(3) If the person does not provide the proof
			 described in section (1) of this rule, DMV will not reinstate driving
			 privileges following a suspension for DUII unless:
(a) The person submits an order from the
			 circuit court of the county in which the person was convicted showing that the
			 person has taken sufficient steps to satisfy the requirement under ORS
			 813.021 to complete a treatment
			 program;
(b) It has been 15 years
			 or more since the person's last DUII conviction in an Oregon court; or
(c) The suspension of driving
			 privileges resulted from a conviction in another jurisdiction for the statutory
			 counterpart to ORS 813.010(DUII).
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616, ORS
				  809.421 & ORS
				  809.480
Stats. Implemented: ORS
				  807.120, ORS
				  809.421 & ORS
				  809.480
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0110 - Hearing Requests Under the Administrative Procedures Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 establishes the hearing request requirements for DMV suspension, revocation and
			 cancellation hearings conducted pursuant to the Administrative Procedures Act,
			 ORS 183.413 to
			 183.500. This rule does not
			 apply to a hearing request for:
(a) An
			 implied consent hearing under ORS
			 813.132,
			 813.410 or
			 813.460;
(b) An administrative review under ORS
			 809.440(2);
			 and
(c) A post-imposition hearing
			 under ORS 809.440(4).
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0130 - Fatal Accident Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 DMV will use the following definitions when determining whether to issue a
			 suspension order under ORS
			 809.417(3):
(a) "Criminal negligence" is as defined in
			 ORS 161.085(10)
			 which states "that a person fails to be aware of a substantial and
			 unjustifiable risk that the result will occur or that the circumstance exists.
			 The risk must be of such nature and degree that the failure to be aware of it
			 constitutes a gross deviation from the standard of care that a reasonable
			 person would observe in the situation."
(b) "Incompetence" means driving in a manner
			 that indicates lack of ability or fitness to safely operate a motor
			 vehicle.
(c) "Recklessness" is as
			 defined in ORS 161.085(9),
			 which states "that a person is aware of and consciously disregards a
			 substantial and unjustifiable risk that the result will occur or that the
			 circumstance exists. The risk must be of such nature and degree that disregard
			 thereof constitutes a gross deviation from the standard of care that a
			 reasonable person would observe in the situation."
(d) "Unlawful operation" means driving in a
			 manner that would constitute commission of a traffic offense as defined by ORS
			 801.555 and includes any traffic
			 offense under any federal law or any law of another state, including
			 subdivisions thereof, that substantially conforms to a traffic offense as
			 defined by Oregon statute.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0145 - Counting Convictions Toward Habitual Offender Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with ORS 801.020(11)(c),
			 if a person is convicted of more than one offense arising from the same
			 incident as described in:
(a) ORS
			 809.600(1),
			 only one of the convictions will count toward the Habitual Offender
			 Program.
(b) ORS
			 809.600(2),
			 only one of the convictions will count toward the Habitual Offender
			 Program.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0160

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  809.660
Stats. Implemented: ORS
				  809.390,
				  809.650 &
				  809.660
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0170 - Hearing Regarding Civil Penalty for Violation of an Out-of-Service Order or Notification of Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a civil penalty is imposed under ORS
			 813.055, the operator of a
			 commercial motor vehicle has a right to a contested case hearing in accordance
			 with ORS 183.745. The amount of the civil
			 penalty is not an issue at the hearing, and the administrative law judge
			 presiding at the contested case hearing may not reduce the amount of the civil
			 penalty.
(2) The schedule of civil
			 penalties is assessed as follows:
(a) $3,861
			 for the first violation of an out-of-service order or notice.
(b) $7,723 for a second or subsequent
			 violation of an out-of-service order or notice.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0185 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  802.010
Stats. Implemented: ORS
				  825.410,
				  825.412, Ch. 163 OL
				  2013
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0190 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  802.010
Stats. Implemented: ORS
				  825.410,
				  825.412, Ch. 163 OL
				  2013
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 70 - DRIVER LICENSES - REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT › Section 735-070-0200 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010,
				  809.404
Stats. Implemented: ORS
				  809.404
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 72 - DRIVER IMPROVEMENT › Section 735-072-0000 - Application of the Driver Improvement Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All drivers in this state are subject to
			 the provisions of one of the Driver Improvement Programs established by this
			 division.
(2) The provisional
			 driver improvement program applies to drivers who have reached 14 years of age
			 but who have not yet reached 18 years of age.
(3) The adult driver improvement program
			 applies to drivers 18 years of age or older.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619 & ORS
				  809.480
Stats. Implemented: ORS
				  809.480
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 72 - DRIVER IMPROVEMENT › Section 735-072-0010 - Purpose of the Driver Improvement Program

Current through Register Vol. 63, No. 7, July 1, 2024
This division establishes the Driver Improvement Programs as
				authorized by ORS 809.480. Both the Provisional
				and Adult Driver Improvement Programs have as their goal the reduction of
				traffic convictions and especially accidents.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619 & ORS
				  809.480
Stats. Implemented: OR
				  809.480
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 72 - DRIVER IMPROVEMENT › Section 735-072-0020 - Driver Improvement Program Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to rules for the Provisional
				Driver Improvement Program and Adult Driver Improvement Program:
(1) "Adult Driver" means a driver 18 years of
			 age or older.
(2) "Conviction"
			 means a determination of guilt by a court of law upon a plea, verdict, finding,
			 or unvacated bail forfeiture.
(3)
			 "DMV" means the Driver and Motor Vehicle Services Division of the Department of
			 Transportation.
(4) "Driver
			 Improvement Program" includes the Provisional Driver Improvement Program and
			 the Adult Driver Improvement Program.
(5) "Driver Improvement Offense" means:
(a) A preventable accident; or
(b) One conviction for an offense listed in
			 OAR 735-064-0220.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 72 - DRIVER IMPROVEMENT › Section 735-072-0023 - Provisional Driver Improvement Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Drivers who have reached 14 years of age
			 but who have not yet reached 18 years of age are subject to the Provisional
			 Driver Improvement Program. The Provisional Driver Improvement Program is
			 designed to have an immediate impact on young drivers who are convicted of
			 traffic offenses or involved in preventable accidents. The Provisional Driver
			 Improvement Program applies to driver improvement offenses and preventable
			 accidents that occur when the driver is 14, 15, 16 or 17 years of age, and
			 whose record review date occurs before the person has reached 18 years of
			 age.
(2) On the record review date,
			 DMV will review the person's driving record and restrict the driving privileges
			 of any provisional driver who has two driver improvement offenses.
(3) All of the following apply to provisional
			 restrictions:
(a) DMV will restrict the
			 license or instruction permit of a provisional driver to drive only to and from
			 or for employment or school.
(b)
			 Only the driver's parent, stepparent or guardian may be a passenger in the
			 vehicle.
(c) DMV will impose the
			 restriction for a period of 90 days or until the driver becomes 18 years of
			 age. DMV will notify the provisional driver by letter that the restriction will
			 begin five days from the date of the letter. During the 90-day restriction
			 period, the provisional driver must carry the restriction letter at all times
			 while the person is driving a motor vehicle.
(d) A person who violates the Provisional
			 Driver Improvement Program restriction, may be cited under ORS
			 807.010, operating in violation
			 of license restrictions, which is a Class B traffic violation.
(e) DMV will delay imposition of a
			 restriction to driving privileges and place a pending restriction code on the
			 person's driving record of any provisional driver:
(A) Whose driving privileges are cancelled,
			 suspended or revoked, until DMV grants driving privileges or fully reinstates
			 driving privileges;
(B) Who has not
			 been granted driving privileges, until DMV grants driving privileges in the
			 form of a provisional driver license or instruction permit; or
(C) Unless that provisional driver gets
			 another driver improvement offense or preventable accident while under the age
			 of 18. In that case, DMV will suspend the driving privileges or right to apply
			 for driving privileges as set forth in section (5) of this rule. This
			 suspension will supersede the pending restriction and the pending restriction
			 code will be removed from the person's driving record.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 72 - DRIVER IMPROVEMENT › Section 735-072-0027 - Adult Driver Improvement Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A driver whose record review date is on
			 or after the person has reached 18 years of age is subject to the Adult Driver
			 Improvement Program. DMV will look back from the record review date to the
			 incident date that resulted in a conviction or the date of a preventable
			 accident to determine if a person is subject to the Adult Driver Improvement
			 Program.
(2) DMV will restrict the
			 license or instruction permit of an adult driver who within the 24-month period
			 immediately prior to the record review date has three driver improvement
			 offenses.
(3) The following apply
			 to adult restrictions:
(a) DMV will restrict
			 the license or instruction permit of an adult driver to prohibit driving
			 between the hours of 12 midnight and 5 a.m., unless driving between home and
			 work or driving for purposes of employment.
(b) DMV will impose the restriction for a
			 period of 30 days. DMV will notify the adult driver by letter that the
			 restriction will begin 30 days from the date of the letter. During the
			 restriction period, the adult driver must carry the restriction letter at all
			 times the person is driving a motor vehicle.
(c) DMV will not impose a restriction for an
			 adult driver who does not have valid driving privileges at the time of the
			 record review date.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 72 - DRIVER IMPROVEMENT › Section 735-072-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are not included in rule text.
Click here for PDF copy of
				  table(s).
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  809.480
Stats. Implemented: ORS
				  809.480
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 72 - DRIVER IMPROVEMENT › Section 735-072-0041 - DMV Determination of Driver Improvement Offenses for the Driver Improvement Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A conviction
			 for an offense listed in OAR
			 735-064-0220 and a preventable
			 accident arising from a single incident each count as a separate driver
			 improvement offense. DMV will add no more than two driver improvement offenses
			 to the record for a single incident.
(2) If a person is convicted of more than one
			 offense arising from a single traffic stop, the convictions for separate
			 offenses constitute one conviction and are a driver improvement offense if at
			 least one of the convictions is for an offense listed in OAR
			 735-064-0220.
(3) An out-of-state conviction that becomes
			 part of an Oregon driving record when a person changes the state of record to
			 become an Oregon licensed driver is not a driver improvement offense.
(4) DMV may determine if an accident is
			 preventable. Factors DMV uses to determine preventability include but are not
			 limited to:
(a) Violations of the law, even
			 if a citation is not issued;
(b)
			 Failure to use defensive driving techniques;
(c) Road conditions existing at the time of
			 the accident; and
(d) Speed of the
			 driver's vehicle.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 72 - DRIVER IMPROVEMENT › Section 735-072-0050 - Rights to a Hearing or Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
Hearing and administrative review procedures for suspensions
				under OAR 735-072-0023 and
				735-072-0027 are as established
				by ORS 809.440(1), (2) and
				(5).
(1) A person whose suspension is based solely
			 on conviction records received from a court is entitled to an administrative
			 review.
(2) A person whose
			 suspension is based, in any part, on a report of a preventable accident is
			 entitled to a contested case hearing.
(3) It shall be a defense to a suspension
			 under OAR 735-072-0023 and
			 735-072-0027 if the person can
			 establish that all of the convictions on which the department's suspension
			 action is based occurred when the person had valid driving privileges issued by
			 another jurisdiction.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  809.480
Stats Implemented: ORS
				  809.480