OAR Chapter 735 — Department of Transportation, Driver and Motor Vehicle Services Division

Division 1 PROCEDURAL RULES

Or. Admin. R. 735-001-0020 Issuance of Final Orders in Contested Cases

(1) An administrative law judge (ALJ) is authorized to issue a final order without first issuing a proposed order in a contested case hearing conducted for the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) except under the following circumstances:

(a) DMV provides written notice to the Chief Administrative Law Judge of the Office of Administrative Hearings that the ALJs conducting hearings for DMV must issue proposed orders as set forth in OAR 137-003-0645 for the types of actions specified in the notice; or

(b) Prior to the commencement of a contested case hearing DMV provides written notice to the ALJ conducting the hearing and to the party(s) that the ALJ must issue a proposed order as set forth in OAR 137-003-0645.

(2) Exceptions to a proposed order issued under section (1) of this rule shall be filed with the ALJ within 20 days of the issuance and mailing date of the proposed order. The administrative law judge will review the exceptions and issue a written response or revised proposed order to the party and to DMV as set forth in OAR 137-003-0650, unless DMV requests the ALJ to conduct a further hearing under OAR 137-003-0655.

(3) If no exceptions are filed, a proposed order issued by an ALJ becomes the final order 30 days from the issuance and mailing date of the proposed order, unless DMV provides notice in writing to the party(s) and the ALJ that DMV will issue the final order. If exceptions to the proposed order are filed, the proposed order or revised order becomes the final order 30 days after the issuance and mailing date of the written response to exceptions or the issuance and mailing date of the revised proposed order, unless DMV gives notice to the party(s) and the ALJ that DMV will issue the final order. If DMV issues the final order, it will follow the procedures set forth in OAR 137-003-0655.

History

Statutory/Other Authority: ORS 802.010 & 813.410
Statutes/Other Implemented: ORS 183.470
DMV 23-2004, f. & cert. ef. 11-17-04
DOT 1-1988, f. & cert. ef. 8-16-88, Renumbered from 735-001-0010
MV 11-1984, f. & ef. 8-31-84

Or. Admin. R. 735-001-0040 DMV Representation at Contested Case Hearings

(1) Subject to periodic review and reauthorization by the Attorney General, an officer or employee of DMV is authorized to appear on behalf of DMV in the following types of contested case hearings conducted by an Administrative Law Judge assigned from the Office of Administrative Hearings:

(a) Suspension, revocation and cancellation of driving privileges;

(b) Non-issuance of driver licenses and identification cards;

(d) Suspension, revocation, cancellation, probation and denial of vehicle dealer certificates;

(e) Suspension, revocation, cancellation and denial of dismantler certificates;

(f) Suspension, revocation, denial and refusal to issue or renew a towing company certificate;

(g) Revocation and denial of a vehicle transporter certificate;

(h) Civil penalties assessed on unlicensed dealers and on licensed dealers who violate the laws and rules relating to the sale of vehicles under the authority of ORS 822.009 and OAR chapter 735, division 150;

(i) Civil penalties for violations related to dismantlers assessed under authority of ORS 822.137 and OAR chapter 735, division 152;

(j) Cancellation of vehicle title and registration under authority of ORS 809.090 and 809.095;

(k) Refusal to renew motor vehicle registration related to toll enforcement under the authority of ORS 809.100, 381.312 and 383.035;

(l) Implied consent cases under ORS 813.410 and OAR 735, division 90;

(m) Denial, suspension or revocation of a commercial driving school certificate; and

(n) Denial, suspension or revocation of a commercial driver training instructor certificate.

(2) The administrative law judge shall not allow an agency representative appearing under section (1) of this rule to present legal argument as defined in this rule.

(a) “Legal Argument” includes arguments on:

(A) The jurisdiction of the agency to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and

(b) “Legal Argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of the agency in handling similar situations;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the contested case hearing.

(3) If the administrative law judge determines that statements or objections made by an agency representative appearing under section (1) involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the agency representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing.

(4) An agency representative appearing under section (1) must read and be familiar with the most recently published Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which is maintained by the Oregon Department of Justice and available on its website at http://www.doj.state.or.us.

History

Statutory/Other Authority: ORS 183.415, 183.450, 183.452, 184.619 & 802.010
Statutes/Other Implemented: ORS 183.450 & 183.452
DMV 6-2026, amend filed 03/12/2026, effective 03/20/2026
DMV 16-2014, f. & cert. ef. 12-19-14
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
MV 9-1992, f. & cert. ef. 8-17-92
MV 3-1991, f. & cert. ef. 5-16-91, Renumbered from 735-070-0100
MV 16-1988, f. & cert. ef. 5-18-88

Or. Admin. R. 735-001-0050 Administrative Review

(1) A person who is entitled to an administrative review by DMV under ORS chapter 809 or section (4) of this rule may request an administrative review. An administrative review may be requested by:

(a) Completing a request on-line at https://DMV2U.oregon.gov;

(b) Faxing a request to (503) 945-5497; or

(2) A request for an administrative review must include sufficient information for DMV to identify the person.

(3) A request for an administrative review may include the following information:

(a) The person's full name, date of birth, mailing address, and customer number; and

(b) Any evidence that shows the person is not subject to the suspension, cancellation, or revocation that is the subject of the administrative review.

(4) In addition to those circumstances specified in ORS 809.140 and 809.440, Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will provide an administrative review of a suspension, revocation, cancellation or denial of issuance action for:

(a) Failure to install or maintain installation of an ignition interlock device under ORS 813.602;

(b) Failure to complete and pass a security threat assessment required for a hazardous materials endorsement from the federal Transportation Security Administration (TSA) or being assessed as a security threat by TSA under ORS 807.173;

(d) Failure to pay a judgment under ORS 809.415(1);

(e) A lapse in making future financial responsibility filings under ORS 809.415(3)(c) or 807.240(3)(e);

(f) Notification from the superintendent of a hospital under ORS 807.700;

(g) A request by a school superintendent or a school district board under ORS 339.254;

(h) Notice received by DMV that a vehicle is totaled, wrecked, dismantled, disassembled or substantially altered under ORS 819.030.

(i) Cancellation of commercial driving privileges due to failure to complete entry-level driver training as required by rules adopted pursuant to ORS 807.085.

(j) Instances when the federal Drug and Alcohol Clearinghouse indicates the driver is prohibited from operating a commercial motor vehicle under ORS 807.166 and OAR 735-063-0315.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 809.440
Statutes/Other Implemented: ORS 809.440
DMV 33-2024, amend filed 12/04/2024, effective 12/04/2024
DMV 31-2024, temporary amend filed 11/05/2024, effective 11/14/2024 through 05/12/2025
DMV 9-2022, amend filed 09/21/2022, effective 09/21/2022
DMV 2-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 22-2019, amend filed 11/26/2019, effective 01/01/2020
DMV 2-2013, f. & cert. ef. 3-22-13
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 10-2010, f. & cert. ef. 5-18-10
DMV 23-2004, f. & cert. ef. 11-17-04
MV 27-1991, f. & cert. ef. 12-16-91

Or. Admin. R. 735-001-0062 DMV/DOC Program for an Adult in Custody Obtaining a Driver License or Identification Card Prior to Release

(1) The Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV) and the Oregon Department of Corrections (DOC) have established, through interagency agreement, the following program to help an adult in custody obtain a driver license or identification card prior to the adult in custody's release from custody.

(2) For purposes of this rule, the term “adult in custody” means any person under the supervision of the DOC and who is not on parole, probation or post-prison supervision status.

(3) Notwithstanding OAR 735-062-0016, DMV may issue a renewal or replacement driver license or an identification card containing the last photograph of the adult in custody on file with DMV. The photograph on file must not be older than nine years. DMV will issue as follows:

(a) A replacement driver license to an adult in custody whose driving privileges are valid or are reinstated at the time of issuance;

(b) A renewal driver license to an adult in custody whose driving privileges are valid or are reinstated at the time of issuance and whose driver license is within the allotted time for early renewal as described in OAR 735-062-0090(8) or has been expired for less than two years; or

(A) Who is not eligible for driving privileges under sections (4) or (7) of this rule;

(B) Whose previous driver license has been expired for more than two years;

(D) Who has never been issued or does not currently qualify for a driver license under ORS 807.040.

(4) DMV will make an inquiry to the National Driver Register/Problem Driver Pointer System and the State Pointer Exchange Service to determine if the adult in custody's driving privileges are suspended, revoked, cancelled or otherwise not valid in any other jurisdiction. An adult in custody whose driving privileges are not valid in any other jurisdiction is not eligible to replace or renew driving privileges in Oregon.

(5) DOC may complete an application packet for each eligible adult in custody within 180 days prior to the adult in custody's date of release from DOC custody. The application packet must include:

(a) A completed Valid with Previous Photo DL/ID Card (VWPP) Application, DMV Form 735-171C, signed by the adult in custody. The application must include the adult in custody's Social Security Number (SSN) or a written statement that the person has not been assigned a SSN. DMV must verify, or have previously verified, the SSN with the Social Security Administration, as required by OAR 735-062-0005;

(b) Proof of legal name as required by OAR 735-062-0014;

(d) In addition to the certifications described in OAR 735-018-0040, the adult in custody applying for replacement of any driver license or driver permit must certify to all of the following:

(A) Does not have a vision condition or impairment that impacts the applicant's ability to drive safely, which has not been corrected by the use of glasses or contact lenses;

(B) Does not have a mental or physical condition or impairment that affects the applicant's ability to drive safely; and

(C) Does not have a problem condition with an intoxicant, as defined in Oregon Laws 2023, Chapter 498 that affects the applicant's ability to drive safely.

(6) On the application DOC must certify:

(a) That the copies of the documents submitted to meet the requirements of section (5) of this rule are true copies of the original documents and that the documents pertain to the adult in custody for whom DOC is submitting the VWPP application; and

(b) That the adult in custody will be living in Oregon when released and the address provided on the application meets the requirements for residence or mailing address as outlined in the interagency agreement.

(7) An adult in custody who is eligible to renew their driving privileges, and is or will be 65 years of age or older at the time their driving privileges expire, must meet the requirements of OAR 735-062-0060. As the adult in custody will not be at a DMV field office for the vision screening, DOC must provide a vision examination form, Certificate of Vision, DMV Form 735-24, completed by a licensed ophthalmologist or optometrist with the VWPP application. If no Certificate of Vision form is included or the adult in custody does not meet the vision standards set forth in 735-062-0050, the adult in custody is only eligible for an identification card.

(8) When an adult in custody's driving privileges are valid (not suspended, revoked, cancelled or expired more than two years) the adult in custody must surrender driving privileges in order to be eligible for an identification card. A completed Surrender of Driving Privilege(s), DMV Form 735-7206, must be included with the VWPP application of any adult in custody who is surrendering driving privileges. A person who surrenders driving privileges must pass all tests and pay all fees associated with an original driver license to regain driving privileges at a later date.

(9) DOC will pay the fee listed in ORS 807.370 or 807.410, as appropriate, for each adult in custody issued a driver license or identification card in a manner outlined in the interagency agreement.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.087 & 807.110
Statutes/Other Implemented: ORS 802.087
DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 13-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 13-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 3-2015, f. 6-19-15, cert. ef. 7-1-15
DMV 5-2013, f. & cert. ef. 5-3-13
DMV 16-2012, f. 12-21-12, cert. ef. 1-1-13

Or. Admin. R. 735-001-0100 Refunds

DMV will issue a refund of moneys received in excess of the amount legally due:

(1) If DMV determines a person has made an overpayment of more than $10; or

(2) Upon written request from a person who made an overpayment, or the person's legal representative, if the request is submitted to DMV within three years of the date that DMV received the overpayment.

History

Statutory/Other Authority: ORS 184.616, 184.619, 293.445, 802.010 & 802.110
Statutes/Other Implemented: ORS 293.445 & 802.110
DMV 1-2017, f. 1-24-17, cert. ef. 2-1-17
DMV 5-2006, f. & cert. ef. 5-25-06

Division 10 PROCESSING AND RECORDS

Or. Admin. R. 735-010-0000 What is Used to Calculate the Actual Cost of Providing a Public Record

(1) ORS 192.324 provides that any public body may establish fees reasonably calculated to reimburse it for actual costs in making records available to the public, government agencies or commercial firms.

(2) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will use the following to calculate the actual cost of providing a public record:

(a) All computer costs. This includes programmer/analyst services, and time to run and produce the required record;

(b) All time spent by staff to produce a record. This includes phone time, data entry, and search efforts;

(d) All materials which are used to provide a record.

History

Statutory/Other Authority: ORS 192.324, 283.110, 802.010, 802.220 & 802.230
Statutes/Other Implemented: ORS 802.230
DMV 9-2018, minor correction filed 06/26/2018, effective 06/26/2018
DMV 6-2012, f. & cert. ef. 6-27-12
MV 10-1984, f. 6-29-84, cert. ef. 7-1-84
MV 9-1983, f. 10-5-83, cert. ef. 10-15-83
DOT 1-1988, f. & cert. ef. 8-16-88, Renumbered from 735-032-0020
MV 5-1982, f. 1-12-82, cert. ef. 2-1-82

Or. Admin. R. 735-010-0005 Purpose of Record Requests Rules

In 1997, new laws were enacted that prohibit the disclosure of personal information obtained in connection with a motor vehicle record (ORS 802.175 through 802.191). ORS 802.179 sets out specific exemptions from the disclosure prohibition. OAR 735-010-0010 through 735-010-0040 establish criteria and fees for the receipt of motor vehicle records as set out in ORS 802.175 through 802.270. OAR 735-010-0200 through 735-010-0230 establish criteria for the receipt of personal information obtained in connection with motor vehicle records.

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.179 & 802.183
Statutes/Other Implemented: ORS 802.175 - 802.270
DMV 10-2018, minor correction filed 06/26/2018, effective 06/26/2018
DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98

Or. Admin. R. 735-010-0008 Definitions

As used in division 10 rules, the following definitions apply:

(1) “Bulk distribution” means the distribution of surveys, marketing materials and solicitations, regardless of the medium used for distribution, including but not limited to:

(a) Material distributed to a targeted group of people to tell them about the suitability or quality of a product or service;

(b) Market research which involves contacting individuals;

(d) Political material designed to encourage membership in a political organization, or to gain support for individuals seeking election to public office, or solicit money or labor for a political campaign or election.

(2) “Business entity” means a corporation, organization, firm, association, partnership, governmental agency, lawful commercial enterprise or other legal entity, other than an individual.

(3) “Business address” means the physical address of the place in which or from which a business entity operates.

(4) “Business name” is the name, including an abbreviation or acronym, by which a business is designated in official records and under which it conducts business.

(5) “Conducting business with DMV” includes any business with DMV that results in the creation of a customer record or change to an existing customer record.

(6) “Confidential Information” includes:

(a) A person’s photograph, social security number, mother’s maiden name and place of birth;

(b) Records of driver licenses, identification cards or vehicles used for undercover purposes by law enforcement, parole and probation agencies;

(d) Medical information; and

(e) Drug test information.

(7) “County of use” means the county in which a vehicle is primarily used, when that county is:

(a) Other than the county of the owner’s residence or business address; and

(b) Other than the county of the vehicle address provided to DMV.

(8) “Customer number” means the distinguishing number assigned by DMV to each individual or business entity for which a customer record has been created.

(9) “Customer record” means the computer record created by DMV at the time an individual or business entity first conducts business with DMV.

(10) “Descriptive address” means information sufficient to identify the location of a residence or business entity if there is no actual street or rural route address, or to explain where a person lives if the person has no fixed residence.

(11) “Disseminator” means a person whose primary business function is the sale or distribution of information, including personal information in response to an individual record inquiry from a person who is authorized by DMV to receive the information under ORS 802.179.

(12) “DMV” means the Oregon Department of Transportation, Driver and Motor Vehicle Services Division.

(13) “Employment address” means the address of the public agency employing a police officer or eligible public employee as provided in ORS 802.250.

(14) “Full legal name” means an individual’s first name, middle name(s), and last or surname, without use of initials or nicknames.

(15) “Insurance support organization,” as used in ORS 802.179(6), means a person who regularly engages in assembling or collecting information about a natural person for the primary purpose of providing the information to an insurer or insurance agent in connection with claims investigation activities, antifraud activities, underwriting or rating. “Insurance support organization” does not include an insurer, an insurance agent, a governmental institution, medical care institution or medical professional.

(16) “Legitimate business” means a lawful business enterprise operating in compliance with federal, state and local law.

(17) “Mailing address” means an address other than an actual residence or business address to which a person’s or business entity’s mail is delivered, including a post office box or address of a service provider.

(18) “Motor vehicle record” means any record that pertains to a grant of driving privileges, an identification card, vehicle title or vehicle registration issued by DMV. “Motor vehicle record” does not mean a record pertaining to a manufactured structure.

(19) “Person” means an individual, an organization or an entity but does not include the State of Oregon or any agency thereof.

(20) “Personal information” means the following information that identifies an individual:

(a) Driver license, driver permit, identification card or customer number;

(b) Name;

(d) Telephone number.

(21) “Primary residence” means the state, jurisdiction or physical location where an individual lives, during any 12-month period, more than the individual lives elsewhere during that period.

(22) “Records list” means a list of driver or vehicle records compiled by selecting records that meet one or more general criteria, where the criteria is not specific to any one individual or vehicle. Records lists would include such things as a list of vehicle records of a given manufacturer or a list of licensed drivers over the age of 65. A records list would not include records that were selected by a specific identifier, such as an individual’s driver license number or a vehicle’s registration plate number.

(23) “Registration address” means the vehicle address if one is provided or if a vehicle address is not provided:

(a) The vehicle owner’s residence address if the owner is an individual; or

(b) The vehicle owner’s business address if the owner is other than an individual. Some examples may include a business, school district, organization or place of worship.

(24) “Residence address” means the actual address at which an individual resides more than the individual lives elsewhere during a 12-month period. If an individual resides an equal amount of time at two or more addresses, the individual must determine which address is the individual’s residence address and use that as the residence address in conducting business with DMV. A residence address must not be that of a service provider, except for purposes of titling or registering a vehicle owned by the service provider or obtaining an Oregon driver license, driver permit or identification card by the service provider.

(25) “Security Question” means data or information used by DMV to authenticate the identity of a DMV customer.

(26) “Service Provider” means a business which facilitates the collection or delivery of mail, or businesses that provide vehicle registration services for another party. A mail service is considered to be a Service Provider.

(27) “Vehicle address” means the residence or business address where the vehicle is primarily housed, or from where the vehicle is primarily dispatched when different than the actual residence or business address of the owner.

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.179, 802.183, 803.370 & 807.050
Statutes/Other Implemented: ORS 802.175 - 802.270, 803.220, 803.370, 807.050, 807.420, 807.560, 807.725 & 821.080
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 11-2018, minor correction filed 06/26/2018, effective 06/26/2018
DMV 6-2012, f. & cert. ef. 6-27-12
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 10-2000, f. & cert. ef. 9-21-00
DMV 6-1999, f. & cert. ef. 12-17-99
DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98

Or. Admin. R. 735-010-0010 Exclusions From and Requirements to Obtain a Public Record

(1) DMV will not disclose confidential information except as provided by law.

(2) DMV will only disclose personal information, as defined in OAR 735-010-0008, if the record is ordered by the individual whose record it is or if the person ordering the record qualifies to receive personal information. Otherwise the record will be sanitized with the personal information removed.

(3) Fees for records must be paid in advance or billed to an account, except:

(a) If a fee is not set by law, DMV reserves the right to waive a charge for records when the cost to collect the fee would be more than the cost to provide a record;

(b) DMV may provide information without charge on an exchange basis, to other states, federal agencies, or appropriate designee, or motor vehicles associations if DMV, in turn, is not charged for information it receives; or

(4) A request for a public record must allow DMV a reasonable period of time to provide the record so that DMV’s activities or operations are not unduly disrupted.

History

Statutory/Other Authority: ORS 184.619, 192.324, 283.110, 802.010, 802.220, 802.230 & 802.530
Statutes/Other Implemented: ORS 802.220
DMV 20-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 12-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 6-2012, f. & cert. ef. 6-27-12
DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98
MV 25-1986, f. 12-31-86, ef. 1-1-87
MV 10-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-010-0020 Procedures for Record Inquiry Accounts

(1) DMV will establish a Record Inquiry Account for any person or business entity who:

(a) Submits a completed Record Inquiry Account Application (DMV Form 735-6037A), including the required account qualification certification and supporting documents;

(b) DMV determines to be qualified to receive personal information after reviewing the Record Inquiry Account Application, qualification certification and supporting documents; and

(2) In addition to the requirements of section (1) of this rule, if the applicant is a dealer of new or used motor vehicles, the applicant must be certified as a vehicle dealer by DMV under ORS Chapter 822 before a Record Inquiry Account may be established. DMV may require proof of certification before establishing a Record Inquiry Account.

(3) An invoice summarizing the billings for the prior month will be sent monthly to each account holder.

(4) DMV will change the status of a Record Inquiry Account to delinquent if the account holder has not paid an invoice within 30 days of the date of invoice. If an account status is delinquent, the account cannot be used to order or access DMV records. DMV will re-activate the account once the full account balance payment is processed.

(5) DMV may immediately close any Record Inquiry Account if any of the following events occur:

(a) An account has been delinquent for 120 days and the account is not paid within 15 days of written notification of payment demand by DMV;

(b) The Record Inquiry Account holder no longer qualifies to receive personal information from motor vehicle records;

(c) The Record Inquiry Account holder fails to immediately notify the department of a change in qualification status for receipt of personal information;

(d) DMV receives a notice of bankruptcy for the account holder;

(e) The account holder submits a written request that DMV close the account; or

(f) The account holder uses or discloses personal information from DMV records in violation of applicable law.

(6) Any account that has been closed under section (5) of this rule cannot be reopened. A new account must be established by:

(a) Submitting a new account application and meeting all requirements of sections (1) and (2) of this rule, including payment of any fees required; and

(b) Payment, in full, of any previously delinquent account balances.

(7) A Record Inquiry Account holder must keep records for five years that identifies:

(a) The DMV record accessed;

(b) The personal information used;

(d) Whether this information was released to another person; and

(e) If released, how the person is eligible to receive personal information.

(8) DMV Records Policy Unit may inspect account holder records or request information on a specific record inquiry made by an account holder for reasons including, but not limited to, any indication that personal information is being misused or released to a person who is not eligible to receive personal information. The account holder shall submit any requested record or information to DMV upon request of DMV’s Records Policy Unit.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.179, 802.183, 802.220 & 802.230
Statutes/Other Implemented: ORS 802.179, 802.183, 802.220 & 802.230
DMV 5-2019, amend filed 02/21/2019, effective 02/21/2019
DMV 21-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 13-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 2-2017, f & cert. ef. 1-24-17
DMV 7-2014, f. & cert. ef. 8-29-14
DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99
MV 44-1989, f. & cert. ef. 10-16-89
MV 9-1984, f. 6-29-84, cert. ef. 7-1-84
MV 19-1983, f. 12-30-83, cert. ef. 1-1-84, Renumbered from 735-041-0020
MV 6-1978, f. 10-3-78, ef. 12-1-78

Or. Admin. R. 735-010-0030 Types of Driver and Identification Card Records Available and Their Fees

This rule specifies the types of driver records available from DMV’s driver records database and the fee amounts for the records:

(1) Abstract of Employment Driving Record — Computer-produced record of an individual’s employment driving record. The record includes employment-related accidents, suspensions and convictions for violation of motor vehicle laws, as set forth in ORS 802.200(9). The record covers the three-year period preceding the date of the request. Miscellaneous administrative entries may also be included as determined by DMV. The record does not include convictions for offenses that result in a mandatory revocation or suspension under ORS 809.409, 809.411, 809.413 and 813.400. The record will include information of a positive drug test result, posted in accordance with ORS 825.412, only if the requestor provides written permission from the person who was subject to the drug test. The fee for each record is;

(a) $2 for a certified record ordered by mail or through DMV’s Interactive Voice Response System (IVR);

(b) $2 for an uncertified record provided through the Driving Record Web Service;

(2) Abstract of Non-employment Driving Record — Computer-produced record of an individual’s non-employment driving record. The record includes motor vehicle accidents, convictions for violations of motor vehicle laws, other than those included in the employment driving record, and DUII diversion agreements for the three years preceding the date of the record request. The record also includes suspensions, revocations or cancellations of driving privileges, except those suspensions where DMV has received notice to reinstate the person’s driving privileges under ORS 809.220. Miscellaneous administrative entries may also be included as determined by the department. The fee for each record is:

(a) $1.50 for a certified record ordered by mail or through IVR;

(b) $2 for an uncertified record provided through the Driving Record Web Service.

(3) Insurance Abstract of Non-employment Driving Record — Computer-produced record containing certain entries of an individual’s non-employment driving record as described in section (2) of this rule. The record includes motor vehicle accidents, convictions for violations of motor vehicle laws, other than those included in the employment driving record, DUII diversion agreements and suspensions, revocations or cancellations of driving privileges, except those suspensions where DMV has received notice to reinstate the person’s driving privileges under ORS 809.220. This record is available only to insurers or insurance support organizations. An individual may request his or her own insurance abstract to obtain an insurance discount under ORS 746.265(3). The fee for each record is:

(a) $1.50 for a certified record ordered by mail;

(b) A $1.50 search fee for any record requested under this subsection but not found in DMV’s driver records database.

(4) Driver License Information Report — Information on the report includes driver name, address, license number, license type, license expiration date, license restrictions, license issue date and status of license. Driver license information may be provided orally or by computer-produced certified print. The fee for each report is:

(a) $1.50 for a computer-produced certified report or for an oral report from a DMV employee requested in person or over the phone. Information over the phone will only be provided to a record account holder. DMV will charge a search fee of $1.50 for any information requested under this paragraph but not found in DMV’s driver records database;

(b) $1.20 for a report obtained through IVR. DMV will charge a search fee of $1.20 for any information requested under this paragraph but not found through IVR.

(5) Identification Card (ID card) Information Report — Information on the report includes ID card holder’s name, address, ID card number, ID card expiration date, issue date, and status of ID card. ID card information may be provided orally through IVR or by computer-produced certified print. The fee for each report is:

(b) $1.20 for a report obtained through IVR. DMV will charge a search fee of $1.20 for any information requested under this paragraph but not found in IVR.

(6) Oregon Police Traffic Crash Report — The fee for a copy of an Oregon Police Traffic Crash Report is $9.50 for a certified copy or $8.50 for an uncertified copy. DMV will charge a search fee of $8.50 for an Oregon Police Traffic Crash Report that is requested but not found.

(7) Driver License/ID Card Application History — The fee for a person’s application history which includes copies of any application for an original, renewal or duplicate driver license or ID card is $18.50 for a certified history or $17.50 for an uncertified history.

(8) Miscellaneous Driver Document Copy — Copies of any document or transaction related to a person’s driving record, driver license, or driving privilege. The fee for a miscellaneous driver document is $5 for a certified copy or $4 for an uncertified copy.

(9) Driver Purged File History — Computer-produced print containing all entries shown on the computer file for a driver, except those entries exempted under the Oregon Public Records Law, ORS 192.410 to192.505. The fee for a driver purged file history is $2. DMV will charge a search fee of $1.50 for any driver file requested under this subsection but not found in DMV’s driver records database.

(10) Court Print — Computer-produced record of an individual’s employment and non-employment driving record. The record includes convictions for major traffic offenses, DUII diversion agreements and any alcohol rehabilitation entries for the ten years preceding the date of the request, and convictions for minor traffic offenses and motor vehicle accidents for the five years preceding the date of the request. The record also includes suspensions, cancellations, revocations and miscellaneous administrative entries, but does not include information exempt from disclosure under the Oregon Public Records Law. Court Print with CDL Medical Certification — Computer-produced record of a person considered to hold commercial driving privileges under ORS 807.018, employment and non-employment driving record as described above. The record also includes medical certification data that shows if the holder of commercial driving privileges is medically qualified to drive commercial motor vehicles. The fee for each record is:

(a) $3 for a certified print ordered by mail, through IVR or through the Automated Reporting Service (A.R.S);

(b) $2 for a record accessed through the Driving Record Web Service;

(11) Suspension Package — Certified court print and certified copies of any of the following documents needed for a court proceeding: a suspension, revocation or cancellation notice; returned envelope, signed receipt, or affidavit showing service of the notice; hardship permit application; license restrictions; or any letter sent by DMV informing the person of a suspension, revocation or cancellation. The fee for a suspension package is $11.50. There is a $1.50 search fee if a court print requested under this subsection cannot be found in DMV’s driver records database;

(12) Driver Records List — Computer produced list of driver names, addresses or other record information created using selection criteria. For example, the selection criteria may be the names and addresses of all licensed drivers of a specific age group. The following apply to a request for a driver records list:

(a) The requester must describe how the list will be used. If the purpose of the list is for bulk distribution, as defined in OAR 735-010-0008, the list will only include individuals who have requested that their personal information be provided to bulk distributors.

(b) DMV’s computer system must be programmed to use the selection criteria requested. If the selection criteria requested requires additional computer programming, DMV will not provide the list unless DMV computer programming resources are available and the requester pays the actual programming costs as set forth in OAR 735-010-0000.

(13) Purged Driver Record Information — Copy of a microfilmed driving record containing entries that have been purged from DMV’s driver records database. The fee for a purged information driving record is $2.50 for a certified copy or $1.50 for an uncertified copy.

(14) Insurance Information Search — A search of DMV records to identify the insurance company and policy number for a vehicle or individual. This information may be provided orally by a DMV employee if requested in person or over the phone or by letter from DMV. The fee for an insurance information search is $10, regardless of whether the information is actually found in DMV records.

(15) Automated Reporting Service (A.R.S) — A court print sent automatically to an enrolled record account holder when an accident, conviction, DUII diversion or suspension, revocation or cancellation is posted to a listed individual’s driving record. The fee for an A.R.S. court print is $3.00. If the account holder requests that DMV add or delete an individual from A.R.S. there is a $2.00 fee. There is no fee to add or delete an individual if the record account holder uses DMV’s online system.

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.010, 802.179, 802.183, 802.200, 802.220 & 802.230
Statutes/Other Implemented: ORS 802.200, 746.265, 802.230, 802.220 & 825.412
DMV 14-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 11-2013, f. & cert. ef. 9-24-13
DMV 6-2012, f. & cert. ef. 6-27-12
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 16-2009, f. 9-29-09 cert. ef. 10-1-09
DMV 5-2005, f. & cert. ef. 2-16-05
DMV 1-2002, f. & cert. ef. 1-17-02
DMV 20-2001, f. & cert. ef. 10-18-01
DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99
MV 12-1992, f. & cert. ef. 10-16-92
MV 15-1990, f. 8-30-90, cert. ef. 9-1-90
MV 44-1989, f. & cert. ef. 10-16-89
MV 20-1987, f. 9-21-87, ef. 10-1-87, Renumbered from 735-032-0035
MV 8-1985, f. & ef. 8-1-85
MV 10-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-010-0040 Types of Vehicle Records Available and Their Fees

The types of vehicle records available and the fees for these records are:

(1) Vehicle Record — Includes vehicle description, registered owner, security interest holders, lessors and other related information. Vehicle record information may be provided orally or by computer-produced certified print:

(a) The fee for a certified vehicle record ordered by mail, fax or on-line is $4. There is a $2.50 search fee if the vehicle record ordered cannot be found in the department’s computer file.

(b) The fee for vehicle record information provided orally by an operator to an account user is $2.50. There is a $2.50 search fee if the vehicle record ordered cannot be found in the department’s computer file.

(2) Vehicle Title History — Details of all title transactions dating back to when the vehicle was first titled in Oregon or to the extent DMV has kept such records. Information includes, but is not limited to, owner information, vehicle description, odometer information (if available), title status, title number, title issuance date and brand information. Information will be provided in a certified letter format. The fee for a certified vehicle title history is $22.50.

(3) Previous Owner Information — Details the last title transaction containing previous owner(s). Information will be provided in a certified letter format. The fee for a certified previous owner information letter is $14.

(4) Insurance Information Search — A search of DMV records to identify the insurance company and policy number provided to DMV for a vehicle or individual. This information will be provided in a certified letter format. The fee for an insurance information search is $10 even if no information is found.

(5) Miscellaneous Vehicle Document — Copies of any transaction dealing with motor vehicle business. The fee for a miscellaneous vehicle document if not certified is $4, $5 if certified.

(6) Automated Meter Skips — Includes vehicle description, registered owner name, address, expiration date and title date. No security interest holder information is given. Requests for automated meter skips must be made via a file transfer protocol that encrypts the data such as FTPS or SFTP. The fee for an automated meter skip is $.02 ($20 per thousand).

(7) Vehicle Records List — A records list of vehicle records meeting some specific criteria set by the requester, such as a list of all vehicle records of a particular year or make. Records lists are produced upon request if available selection criteria are used. The requester shall describe how the records list will be used. If the purpose of the records list is for bulk distribution as defined in OAR 735-010-0008, the records list shall only include individuals who have requested their names and addresses be provided on such lists. The vehicle records list is furnished via a file transfer protocol that encrypts the data such as FTPS or SFTP. The fee for a vehicle records list using available criteria is $700. Records lists that require additional programming will not be provided unless other DMV priority demands on available data processing resources have been met. The fee for a vehicle records list that requires additional programming will be determined by the actual cost to produce the list using the criteria set forth in OAR 735-010-0000.

(8) Odometer History Search — Includes a search of the vehicle records for all odometer readings provided to DMV on or after January 1, 1986, for a given vehicle. Information will be provided in a certified letter format. The fee for an odometer history search is $25 even if no odometer reading is found.

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.010, 802.179, 802.183, 802.220 & 802.230
Statutes/Other Implemented: ORS 802.177, 802.179, 802.183, 802.200, 802.220 & 802.230
DMV 9-2019, amend filed 03/21/2019, effective 03/21/2019
DMV 8-2019, minor correction filed 03/18/2019, effective 03/18/2019
DMV 15-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 6-2012, f. & cert. ef. 6-27-12
DMV 20-2001, f. & cert. ef. 10-18-01
DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99
MV 12-1992, f. & cert. ef. 10-16-92
MV15-1990, f. 8-30-90, cert. ef. 9-1-90
MV 44-1989, f. & cert. ef. 10-16-89
MV 20-1987, f. 9-21-87, cert. ef. 10-1-87, Renumbered from 735-032-0040
MV 5-1986, f. & cert. ef. 3-3-86
MV 9-1985, f. & cert. ef. 8-1-85
MV 10-1984, f. 6-29-84, cert. ef. 7-1-84

Or. Admin. R. 735-010-0045 Other Department Records and Their Fees

(1) Other records available and the fees for the records are:

(a) Driving Under the Influence of Intoxicants Convictions and Alcohol Diversion Enrollment List (DUII and Diversion Lists) — A list of persons who have been convicted of driving under the influence of intoxicants or have enrolled in an alcohol diversion program. The list includes the name, address if known, date of birth, arrest date, conviction or enrollment date, the court type and location and the zip code, if available. The list is available weekly at a fee of $7.50 per list.

(b) Duplicate Photo Image — A copy of a duplicate image of a driver license or identification card photograph is available exclusively to law enforcement officials at a fee of $6.50 per photograph.

(c) Hearing Recordings — Upon request, a copy of the recording of a hearing will be provided to qualified requestors. The request must be in writing and accompanied by a fee of $6 per recording.

(2) Personal information will not be included in any motor vehicle record requested unless the requester qualifies to receive such information under ORS 802.175 to 802.179 and OAR 735-010-0200 to 735-010-0230.

(3) Requests for information where a fee is not specified in rule or law will be charged actual cost only, using the criteria set forth in OAR 735-010-0000.

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.179, 802.183, 802.220 & 802.230
Statutes/Other Implemented: ORS 802.177, 802.179, 802.200, 802.220 & 802.230
DMV 16-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 14-2007, f. & cert. ef. 12-24-07
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 21-2002, f. & cert. ef. 11-18-02
DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99

Or. Admin. R. 735-010-0055 Definition of Law Enforcement Official

For purposes of ORS 807.115, "law enforcement official" means:

(1) An Oregon peace officer;

(2) A person granted the statutory authority of an Oregon peace officer;

(3) An employee of a law enforcement agency of another state, sovereign nation, or the federal government who exercises the equivalent authority as an Oregon peace officer; or

(4) Any federal or state official who oversees criminal investigations, including the Oregon Attorney General, the Oregon Governor, the United States Attorney General, or a district attorney of the State of Oregon.

History

Statutory/Other Authority: ORS 184.619 & 192.324
Statutes/Other Implemented: ORS 807.115
DMV 17-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 9-2001, f. & cert. ef. 5-14-01

Or. Admin. R. 735-010-0070 Submission of Change of Address and Update of DMV Records

(1) DMV maintains a customer database that contains information on all DMV customers. A single notice of address change is sufficient for a customer to comply with ORS 807.560 (address changes related to driver licensing), ORS 803.220 (address changes related to titling and registering vehicles) and ORS 807.420 (address changes related to identification cards), as long as DMV is provided with sufficient information to identify the customer.

(2) DMV accepts a notice of a change of address:

(a) In person at a DMV field office;

(b) Electronically as set forth in OAR 735-018-0100; or

(3) DMV accepts a notice of change of address for any person whose address is protected by law:

(a) In writing by mail; or

(b) Any method described in section (2) of this rule.

(4) An organization as defined in OAR 735-018-0010 may not notify DMV electronically of a change of address. The organization must submit a notice of change of address in writing.

History

Statutory/Other Authority: ORS 184.619, 803.220, 807.420, 807.560 & ORS 803.220
Statutes/Other Implemented: ORS 803.220, 807.420 & 807.560
DMV 35-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 17-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 24-2003, f. 12-15-03 cert. ef. 1-1-04
DMV 1-1995, f. & cert. ef. 1-23-95

Or. Admin. R. 735-010-0100 Purpose

An applicant for a driver license, driver permit or vehicle registration is required by ORS 803.370 and 807.050 to provide full legal name and actual residence address to DMV. DMV has the authority to accept something other than an actual residence or post office address, if the applicant does not have one. This may occur if, for example, the applicant is homeless or travels continuously. The purpose of OAR 735-010-0110 through 735-010-0170 is to:

(1) Specify how a customer establishes or changes a name;

(2) Establish a consistent means for determining full legal name for individuals and business name on existing DMV records;

(3) Define the different types of addresses and establish when DMV will require or accept each type of address; and

(4) Establish how the name and address information on the customer record will be used in corresponding with customers.

History

Statutory/Other Authority: ORS 184.616, 184.619, 803.370 & 807.050
Statutes/Other Implemented: ORS 802.200, 802.250, 802.260, 803.220, 803.370, 807.050, 807.420, 807.560, 821.080 & 2008 OL Ch 1
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 6-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-010-0110 Customer Record for Persons

(1) DMV shall maintain, as part of a customer record, information identifying a person including, but not limited to, the name, residence address and customer number. DMV shall maintain only one customer record per person, except as provided in this section. DMV may have more than one customer record for an individual, if, for example:

(a) Information the applicant provided when conducting business with DMV is insufficient to either locate an existing customer record for that individual or confirm the applicant is the same individual covered by an existing customer record; or

(b) Vehicle records existing prior to DMV’s establishment of customer records contain insufficient information to connect that vehicle record to an individual’s driving record or driver license, driver permit or identification card record.

(2) If an individual has no existing customer record or DMV is unable to locate a driving record, DMV shall create a customer record and shall assign the individual a customer number when the individual conducts business with DMV or when Oregon law requires the Department of Transportation to maintain a record. If the individual has been issued an Oregon driver license, driver permit or identification card, DMV shall use the number assigned to that document as the customer number.

(3) In accordance with ORS 802.200(9), DMV shall maintain a driving record on:

(a) Every person who is granted driving privileges under a driver license, driver permit, or a statutory grant of driving privileges under ORS 807.020;

(b) Every person whose driving privileges have been suspended, revoked, or canceled under the Oregon Vehicle Code;

(d) Every person who is required to provide future responsibility filings under ORS 806.200, 806.230, 806.240, 809.415 or 809.417.

(4) DMV shall record on the non-employment driving record a conviction for any:

(a) Traffic crime;

(b) A crime that involves the operation of a motor vehicle if that offense results in the suspension or revocation of driving privileges;

(d) An offense described in OAR 735-064-0220.

(5) DMV shall record on the employment driving record any conviction described in section (4) of this rule, unless otherwise prohibited by ORS 802.200.

(6) At the time DMV issues to a person an Oregon driving privilege or identification card, the driver history record received by DMV from another jurisdiction shall become part of the person’s driving record in this state. Any convictions from the other jurisdiction’s driving record will be transferred to the person’s Oregon driving record using the AAMVAnet Code Dictionary (ACD) code.

(7) When DMV receives a driver history record from another jurisdiction and the person does not hold an Oregon identification card or Oregon driving privileges, DMV will review the driver record to determine if the person is domiciled in Oregon. If DMV determines the person is domiciled in Oregon, Oregon becomes the state of record and DMV shall include the driver history record received from the other jurisdiction as part of the person’s driver record in this state. Any convictions from the other jurisdiction’s driver history record will be transferred to the person’s Oregon driver record using the AAMVAnet Code Dictionary (ACD) code.

(8) DMV may request or receive driver history records from other jurisdictions for use in Oregon when:

(a) The person applies for driving privileges or an identification card in Oregon; or

(b) The person does not hold Oregon driving privileges or an Oregon identification card, but DMV determines that Oregon is to be the state of record.

(9) DMV may use the driver history record information received from other jurisdictions, as described in sections (6), (7) and (8) of this rule, for any purpose authorized by law, unless otherwise specified in the applicable law.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 802.200
Statutes/Other Implemented: ORS 802.200, 802.260, 803.220, 807.050, 807.420, 807.560 & 821.080
DMV 15-2025, amend filed 11/13/2025, effective 01/01/2026
DMV 32-2024, amend filed 12/04/2024, effective 01/01/2025
DMV 26-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 6-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-010-0120 Customer Record for Business Entities

(1) DMV shall maintain, as part of a customer record, information relating to a business entity which includes, but is not limited to, the business name, business address and customer number. If a business entity transacts business with DMV using more than one business name as provided in OAR 735-010-0140, DMV shall establish a separate customer record and assign a customer number for each business name.

(2) DMV shall create a customer record and shall assign a customer number to each business entity conducting business with DMV or where Oregon law requires the Department of Transportation to maintain a record.

History

Statutory/Other Authority: ORS 184.616 & 184.619
Statutes/Other Implemented: ORS 802.200, 802.260, 803.220, 803.370, 807.050, 807.420, 807.560 & 821.080
DMV 6-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-010-0130 Establishment and Use of Full Legal Name by an Individual

All of the following apply to establishment and use of a full legal name by an individual:

(1) When first applying for an Oregon driver license, driver permit or identification card, an applicant establishes the applicant’s full legal name by presenting one or more documents proving:

(a) Identity and date of birth, as required under OAR 735-062-0020; or

(b) Proof of current legal name, as required under OAR 735-062-0014.

(2) When completing an application for vehicle title or registration purposes, the applicant must provide the applicant’s full legal name. If there is a discrepancy between the applicant’s name, as it appears on the application, and the full legal name established by the applicant, as described in section (1) of this rule, DMV will use the applicant’s full legal name when issuing title or registration documents. If the applicant has not established a full legal name, as described in section (1) of this rule, DMV will use the name as it appears on the application when issuing title or registration documents.

(3) An individual must use the same name in conducting all business with DMV. The individual must also provide the DMV-assigned customer number shown on the driver license, driver permit or identification card, if known.

(4) An individual's full legal name does not include a title or honorific such as, but not limited to, Mr., Mrs., Reverend or Doctor.

(5) DMV will maintain an individual’s full legal name in its records using letters of the Roman alphabet, hyphens, apostrophes and spaces. A suffix to the name may contain Roman numerals or ordinal numbers.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 802.010
Statutes/Other Implemented: ORS 801.562, 803.015, 803.050, 803.140, 803.220, 803.370, 807.050, 807.110, 807.400, 807.420, 807.560, 809.135 & 821.080
DMV 11-2017, f. & cert. ef. 7-24-17
DMV 27-2008, f. 12-15-08, cert. ef. 1-1-09
DMV 23-2008(Temp), f. 9-11-08, cert. ef. 9-15-08 thru 3-13-09
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08
DMV 6-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-010-0140 Establishment, Use and Change of a Name by a Business

(1) When conducting any business with DMV, a business entity shall use only one business name, including use of the same name for different locations, branches or divisions. Nothing in this section shall preclude the use of different names for portions of a business entity that conducts business under separate business names (e.g. a parent company and subsidiary companies). Examples of a business name include, but shall not be limited to:

(a) The name of a corporation or an abbreviation or acronym on file with the Secretary of State; or

(b) The name of an agency established by law, which includes government agencies.

(2) A business entity may provide, if known, the DMV-assigned customer number in all business it conducts with DMV.

(3) If the name of a business entity that is exempt from ORS 803.220 changes, the business entity may provide DMV with the following information:

(a) The old and new name of the business whose name has changed; and

(b) Any DMV-assigned customer numbers to which the name change applies.

(4) This rule does not apply to those vehicles registered under ORS 805.060.

History

Statutory/Other Authority: ORS 184.616 & 184.619
Statutes/Other Implemented: ORS 801.562, 803.015, 803.050, 803.140, 803.220, 803.370, 807.050, 807.420, 807.560 & 821.080
DMV 6-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-010-0150 Address Requirements for Individuals

(1) An individual conducting business with DMV, as defined in OAR 735-010-0008, shall provide and maintain current address information as established by statute and this rule.

(2) An individual shall provide DMV with a residence address as defined in OAR 735-010-0008, unless:

(a) The individual is exempt from providing a residence address as provided in ORS 802.250, and instead provides an employment address;

(b) The individual is a household member with an eligible party who provides an employment address under ORS 802.250; or

(3) A residence address shall include sufficient information for DMV to determine the exact location of the individual’s residence. In addition to the name of the city, county and state, a residence address shall include:

(a) The street and residence number, including an apartment or space number, if applicable, and the zip code; or

(b) The rural route and box number and zip code.

(4) An individual shall also provide DMV with a vehicle address for any vehicle primarily housed or dispatched from a location other than the residence address provided.

(5) A vehicle address shall contain sufficient information to determine the exact location from which the vehicle is dispatched or where it is housed. In addition to the city, county and state, a vehicle address shall include:

(a) The street name and number, the apartment, suite or office number, if applicable, and the zip code; or

(b) The rural route and box number and zip code.

(6) An employment address shall be the address as defined in OAR 735-010-0008. An employment address shall include sufficient information for DMV to determine the exact location of the public agency. In addition to the name of the city, county and state, the employment address shall include:

(a) The street name and number, including any applicable suite or office number and the zip code, or;

(b) The rural route and box number and zip code.

(7) An individual who does not have an actual residence address shall:

(a) Satisfy DMV that he or she is a resident of or domiciled in Oregon as provided in OAR 735-016-0030 and 735-016-0040; and

(b) Provide DMV with a descriptive address as defined in OAR 735-010-0008 and a mailing address.

(8) A descriptive address may include, but may not be limited to:

(a) The road name and distance from or direction from a landmark such as a milepost or prominent building, in addition to the city, state, county and zip code, if there is no specific street address;

(b) The address of a homeless shelter or reference to another location where the individual stays overnight, if the individual is homeless, but residing in Oregon; or

(d) A descriptive address shall not be that of a service provider, except for purposes of registering a vehicle or obtaining a driver license, drive permit or identification card owned by the service provider.

(9) An individual may provide a mailing address in addition to any required residence or vehicle address.

(10) An individual shall provide the county of use for any vehicle that is primarily used in a county other than the county of the residence or vehicle address.

(11) A change of address, as described in OAR 735-010-0070, shall be made to a customer record when written notice is provided to DMV or given verbally in person at a DMV office by the individual with the address change. If the change of address is to an employment address:

(a) The request must be submitted on DMV Form 735-6438A by the individual requesting use of an employment address; and

(b) When DMV receives notification from the public agency that the individual is no longer employed by that public agency, DMV will not change the address from the public agency address, until the notice of change of address required by ORS 802.250 or another request described in subsection (a) of this section is received.

History

Statutory/Other Authority: ORS 184.616, 184.619, 803.370 & 807.050
Statutes/Other Implemented: ORS 802.250, 802.260, 803.220, 803.370, 807.050, 807.420, 807.560 & 821.080
DMV 6-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-010-0160 Address Requirements for Businesses

(1) A business entity, when conducting business with DMV as defined in OAR 735-010-0008, shall provide and maintain current address information as established by this rule.

(2) A business entity shall provide DMV with a business address as defined in OAR 735-010-0008, unless the vehicle is registered under ORS 805.060 or the business entity is the security interest holder or lessor of the vehicle.

(3) A business address, as defined in OAR 735-010-0008, shall include sufficient information for DMV to determine the exact physical location of the business. In addition to the name of the city, county and state, the business address shall include:

(a) The street name and number, and any applicable apartment, suite or office number, and the zip code;

(b) The rural route and box number, and zip code; or

(c) A post office address of the business, as long as a vehicle address is also provided when the business entity is shown as the owner on a vehicle registration.

(4) A business address shall not be that of a service provider, except for purposes of registering a vehicle owned by the service provider.

(5) A business entity shall provide DMV with a vehicle address for any vehicle that is primarily housed or dispatched from a location other than the business address provided, or when the business address given is an out-of-state address or post office address.

(6) A vehicle address shall contain sufficient information to determine the exact location from which the vehicle is dispatched or where it is housed. In addition to the city, county and state, a vehicle address shall include:

(a) The street name and number, the apartment, suite or office number, if applicable, and the zip code; or

(b) The rural route and box number, and zip code.

(7) A business may provide a mailing address in addition to any required business or vehicle address.

(8) A business entity shall provide the county of use for any vehicle that is primarily used in a county other than the county of the business or vehicle address.

(9) A change of address, as described in OAR 735-010-0070, shall be made to a customer record when notice is provided to DMV or verbally in person at a DMV office by the business entity with the address change.

History

Statutory/Other Authority: ORS 184.616, 184.619, 803.370 & 807.050
Statutes/Other Implemented: ORS 802.260, 803.220, 803.370, 807.050, 807.420, 807.560 & 821.080
DMV 6-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-010-0170 Vehicle Registration Addresses and County of Use

In order to clarify how the registration address relates to other requirements of vehicle registration, the following apply:

(1) Unless the owners provide DMV with information indicating differently, when the vehicle title record lists two or more owners with different residence or business addresses, and does not give a vehicle address, DMV shall consider the registration address to be the residence or business address of the first owner listed on the title record.

(2) When a county of use is provided, the registration address as defined in OAR 735-010-0008 shall be used to determine if a vehicle is:

(a) Subject to vehicle pollution control requirements as covered in ORS 803.350, 803.465, and 815.295; or

(b) Subject to any county or district registration fee as provided in ORS 801.040.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 803.370
Statutes/Other Implemented: ORS 801.040(6) & (7), 803.350, 803.465 & 815.295
DMV 6-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-010-0200 General Qualifications for Obtaining Personal Information

(1) A person may qualify to receive personal information from a motor vehicle record under more than one subsection of ORS 802.179.

(2) Personal information obtained under any subsection of ORS 802.179 shall only be used for the purpose authorized in the specific statutory subsection(s) under which the personal information was obtained and if applicable, shall only be used for the purpose authorized by administrative rule.

(3) Only personal information contained in a records list, obtained under ORS 802.179(11), shall be used for bulk distribution purposes.

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.179 & 802.183
Statutes/Other Implemented: ORS 802.175 - 802.179
DMV 18-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98

Or. Admin. R. 735-010-0210 Requests for Personal Information by a Legitimate Business

(1) In order for DMV to make a determination of whether a business is legitimate under ORS 802.179(3), the business must provide evidence to DMV’s satisfaction which includes:

(a) One of the following:

(A) A current and valid business, professional, occupational or commercial license issued by a governmental body that regulates that type of business, profession, trade or commercial activity;

(B) A Certificate of Existence or Authorization issued by the Secretary of State under ORS 60.027, 62.065, 63.027, or 65.027;

(C) A current copy of the Articles of Incorporation or Articles of Organization, including proof that they have been filed with the Secretary of State, or if a foreign corporation or foreign limited liability company, proof that it has been authorized by the Secretary of State to transact business in Oregon or that it has been formed in accordance with the laws of the jurisdiction in which it is incorporated or organized;

(D) A current copy of the business Partnership Agreement;

(E) A copy of the business income tax form filed for the latest tax period for which filing was required;

(F) A certification from the Office of Minority, Women and Emerging Small Businesses or similar governmental organization; or

(b) At least two of the following:

(A) A business invoice issued by the business within the last three months showing the sale of a product or service the business provides;

(B) A current business card;

(C) A resume of work completed or products sold within the last three months, with names and phone numbers of customers who may be contacted for verification;

(D) A copy of a signed contract for work performed within the last six months;

(E) A copy of a current rental, lease or purchase agreement for the business premises, or proof of ownership of the business premises;

(F) A copy of a current rental or lease agreement for business equipment or a receipt or purchase agreement showing the purchase of business equipment. "Business equipment" means equipment necessary for the business to manufacture or provide a product or deliver a service and includes such things as a computer, photocopier, business vehicle, cash register, etc;

(G) A copy of a business related loan agreement;

(H) A copy of or reference to a current business advertisement, including but not limited to the yellow pages, newspaper, television or other media of general circulation. If from a reference DMV is unable to verify the advertisement, documentation of the advertisement may be required.

(2) Personal information obtained from DMV by a legitimate business may be used for the purposes specified in ORS 802.179(3).

(3) Only an individual who is an employee or owner of the business may obtain personal information from DMV. No other business or individual may act as a third party to obtain personal information on behalf of a legitimate business.

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.179 & 802.183
Statutes/Other Implemented: ORS 802.179
DMV 19-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06
DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98

Or. Admin. R. 735-010-0215 Determination that a Person is a Disseminator

(1) In order for DMV to determine if a person is in the business of disseminating information, the person must provide the following:

(a) Sufficient evidence that the person is a legitimate business as set forth in OAR 735-010-0210(1);

(b) A description of the business;

(c) A description of the method used to ensure that personal information will be resold or redisclosed only to qualified persons or entities who are authorized by DMV to receive personal information;

(d) A copy of or reference to a current business advertisement, including but not limited to the yellow pages, newspaper, television, internet or other media of general circulation. If from a reference DMV is unable to verify the advertisement, documentation of the advertisement may be required; and

(e) Names and phone numbers of customers who may be contacted for verification.

(2) DMV may periodically require a disseminator to update the information described in section (1) of this rule and may use the information to monitor the disseminator’s compliance with the requirements for the resale and redisclosure of personal information.

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.010, 802.179 & 802.183
Statutes/Other Implemented: ORS 802.179
DMV 22-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06

Or. Admin. R. 735-010-0220 Requests for Personal Information Resulting from the Unsafe Operation of a Motor Vehicle

(1) To qualify to receive personal information under ORS 802.179(17), a person must submit a copy of one of the following reports, or if the person does not have a copy, information that enables DMV to locate such report if it has been filed with DMV. The report must contain information showing that the person was physically injured or that property they own was damaged as the result of the unsafe operation of a vehicle:

(a) A police crash report;

(b) A police incident report; or

(2) Except as otherwise provided by rule or law, a person who qualifies for personal information under section (1) of this rule shall be eligible to obtain:

(a) Personal information about any owner, driver or occupant of a vehicle involved in the unsafe operation and identified from the police crash report, the police incident report or the Oregon Traffic Collision and Insurance Report provided to DMV; and

(b) Personal information about any witness to the unsafe operation listed on the police crash report, the police incident report or the Oregon Traffic Collision and Insurance Report provided to DMV.

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.010, 802.179 & 802.183
Statutes/Other Implemented: ORS 802.179
DMV 32-2024, amend filed 12/04/2024, effective 01/01/2025
DMV 23-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 10-2000, f. & cert. ef. 9-21-00
DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98

Or. Admin. R. 735-010-0230 Request for Personal Information by a Person with Financial Interest in a Vehicle

(1) This rule provides for release of personal information from DMV motor vehicle records to a person who has a financial interest in a vehicle, as authorized by ORS 802.179(16). Personal information shall only be released by DMV, to a person with a financial interest in a vehicle under ORS 802.179(16), for use in titling and registration of the vehicle.

(2) Except as otherwise provided in this rule, to have a financial interest in a vehicle a person must:

(a) Hold an interest in a vehicle that is reflected on the current title or salvage title;

(b) Be the owner of a vehicle as defined in ORS 801.375(1). An owner also includes a person who has acquired an ownership interest, but is not shown on the current title because the title has not been issued showing current ownership;

(d) Be the lessor of the vehicle under a lease agreement;

(e) Be a person entitled to the possession and use of the vehicle under a security agreement;

(f) Have a security interest in the vehicle; or

(g) Be a vehicle dealer who has acquired an ownership interest of the type described in subsection (2)(b) of this rule but is exempt from obtaining a title reflecting such interest under ORS 803.105.

(3) A person must submit documentation or information sufficient for DMV to verify their financial interest in the vehicle. Except as otherwise provided in this rule, such information or documentation includes:

(a) The current title or salvage title or the title or salvage title record of this state or of the jurisdiction in which the vehicle is titled. If registered in a state which does not issue title, the current registration document;

(b) An application for Oregon title or salvage title that is submitted or presented to DMV, that reflects the ownership interest and is supported by a primary ownership document(s) or other documentary evidence of ownership, as described in OAR 735-020-0010; or

(c) A verification from another jurisdiction that an application for title or a salvage title has been submitted that reflects that person's ownership interest;

(d) A notice of transfer of a vehicle to a vehicle dealer submitted to DMV under the provisions of ORS 803.105, or verification from another jurisdiction that such notice has been filed with that jurisdiction under similar provisions.

(4) DMV may consider other information or documents as verification of a financial interest if the document(s) covered in section (3) of this rule are not available and where the person can otherwise show they have acquired an ownership interest in the vehicle. Other information or documents that may be considered include, but are not limited to:

(a) A bill of sale signed by the owner(s) of record. "Owner of record" means the person(s) shown as the current owner in the vehicle records of the department;

(b) A security or purchase agreement for the vehicle;

(d) A completed and notarized affidavit to establish financial interest in a vehicle, DMV Form 7116(A); or

(e) A transitional ownership document submitted to DMV and which is not invalidated or rejected.

(5) Information or documents used for verification of a financial interest in a vehicle for the purpose of this rule shall:

(a) Indicate who has an interest in the vehicle. Information shall be sufficient for DMV to determine that the interest is of a type that would qualify as a financial interest as covered in section (2) of this rule; and

(b) Include a description of the vehicle sufficient to identify the vehicle in which the person has an interest.

(6) DMV may rely on the following to determine if personal information will be provided to a person who has a financial interest:

(a) Information or documents in DMV's possession;

(b) Information or documents available to DMV from other sources; or

(7) Except as otherwise provided in this rule, the information or a document(s) required to verify a financial interest shall be submitted to DMV or presented to DMV for review and DMV must be satisfied as to the validity of the information or document(s).

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.179 & 802.183
Statutes/Other Implemented: ORS 802.179
DMV 24-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98

Or. Admin. R. 735-010-0240 Authorization by DMV to Resell or Redisclose Personal Information

(1) A person or government agency authorized under ORS 802.179 to receive personal information from motor vehicle records may only resell or redisclose personal information to a person or government agency authorized by DMV to receive the information. To be authorized by DMV, a person must provide evidence to DMV sufficient to establish that the person is qualified to obtain personal information under ORS 802.179.

(2) A government agency that uses personal information for a governmental purpose is authorized by DMV and does not need to establish that it is qualified to obtain personal information.

History

Statutory/Other Authority: ORS 184.619, 192.324, 802.010, 802.179 & 802.183
Statutes/Other Implemented: ORS 802.179
DMV 25-2018, minor correction filed 06/27/2018, effective 06/27/2018
DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06

Or. Admin. R. 735-010-0250 Notification of Name and Address to the Director of Veterans’ Affairs

(1) This rule specifies the procedures and the method for the Director of Transportation to notify the Director of Veterans' Affairs of the name, residence or mailing address, and electronic mail address of a member or veteran of a uniformed service, as authorized under ORS 406.073.

(2) The following definitions apply:

(a) “Authorization” means written consent signed by a member or veteran allowing DMV to provide the name, residence or mailing address, and electronic mail address of the member or veteran to ODVA. An authorization includes an electronic transaction as described in OAR 735-018-0130.

(b) “DMV” means the Director of Transportation, the Department of Transportation, and the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(d) “Member or veteran” means a member or veteran of a “uniformed service” as that term is defined in ORS 406.073.

(3) Except when vehicle registration renewals are prohibited in OAR 735-018-0115, in conjunction with an application for driving privileges, identification card, vehicle title or vehicle registration, DMV will provide a written authorization that may only be completed by an applicant who is a member or veteran of a uniformed service. DMV will not verify whether a person who has completed an authorization is a member or veteran of a uniformed service.

(4) Upon receipt of an authorization as described in section (2)(a) of this rule, DMV will enter the person's name, residence or mailing address, and electronic mail address into an electronic file, provided that this information is available in DMV records.

(5) No later than the 5th day of each month, the electronic file described in section (4) of this rule will be transmitted electronically to ODVA using a secure file transfer protocol.

History

Statutory/Other Authority: ORS 184.619, 406.073, 802.010 & 802.179
Statutes/Other Implemented: ORS 406.073
DMV 14-2025, amend filed 10/27/2025, effective 01/01/2026
DMV 7-2019, amend filed 02/21/2019, effective 02/21/2019
DMV 20-2013, f. & cert. ef. 12-20-13

Or. Admin. R. 735-010-0260 DMV’s Method of Serving Notice of Suspension/Cancellation/Revocation

The purpose of this rule is to provide the method DMV uses to send both driver and vehicle related notices to customers.

(1) Except as specified in section (2) of this rule, when DMV is authorized or required to suspend, revoke or cancel a person's driving privileges, commercial driving privileges or the right to apply for driving privileges or commercial driving privileges, DMV will inform the person by sending a notice of suspension, notice of cancellation or notice of revocation to the person by first class mail to the person's address in DMV records.

(2) If violation of a suspension or revocation would constitute the offense described in ORS 811.182, DMV will inform the person by sending a notice of suspension or revocation by mailing the notice by certified mail, restricted delivery, return receipt requested, to the person's address in DMV records.

(3) When DMV issues a notice as required by ORS 809.090 initiating cancellation of a vehicle’s registration, title or both, DMV will send a notice of cancellation by first class mail to the holder’s address in DMV records.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 809.430
Statutes/Other Implemented: ORS 809.090, 809.416, 809.430
DMV 28-2020, amend filed 09/29/2020, effective 01/01/2021
DMV 14-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 27-2019, adopt filed 12/17/2019, effective 01/01/2020

Division 14 MOTOR VEHICLE ACCIDENT PREVENTION COURSES

Or. Admin. R. 735-014-0000 Standards for Approval of Motor Vehicle Accident Prevention Courses

(1) Course Content — The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall approve motor vehicle accident prevention courses for purposes of ORS 802.075 if the course curriculum includes the following:

(a) Defensive driving techniques;

(b) Motor vehicle laws; and

(c) Influence on driving ability of medication, fatigue, alcohol and drug use, visual and auditory limitations, and aging.

(2) How to get approved — A request from an organization for approval of a motor vehicle accident prevention course shall be submitted with a lesson plan that is complete enough for the reader to determine what will be taught. Requests shall be mailed to: Third Party Programs, DMV, 1905 Lana Avenue N.E., Salem, Oregon 97314 or emailed to ThirdPartyPrograms@ODOT.Oregon.gov.

(3) The instructor shall prepare completion certificates to be provided to the participants who successfully complete the approved course.

(4) The course shall have no more than 30 students per class and shall provide a minimum of 6 hours instructional time.

(5) The instructor may charge a fee.

(6) Withdrawal — DMV may withdraw approval of the motor vehicle accident prevention course at any time DMV has reason to believe the requirements of the course are not being met.

(7) Approved courses available — A list of approved courses and organizations authorized to present the courses may be requested by writing or calling the Third Party Programs at DMV. In addition, the list may be obtained by emailing ThirdPartyPrograms@ODOT.Oregon.gov.

History

Statutory/Other Authority: ORS 184.619 & 802.075
Statutes/Other Implemented: ORS 802.075
DMV 15-2022, minor correction filed 10/25/2022, effective 10/25/2022
DMV 5-1996, f. & cert. ef. 8-15-96
MV 54-1989, f. 12-21-89, cert. ef. 1-1-90

Division 16 RESIDENCY AND DOMICILE REQUIREMENTS

Or. Admin. R. 735-016-0010 Purpose

OAR 735-016-0010 through 735-016-0070 are adopted to clarify how application of the residency and domicile laws in the Motor Vehicle Code relate to acquisition and maintenance of vehicle registrations, driver licenses, driver permits and identification cards.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.500, 802.520, 803.200, 803.350, 803.355, 803.360, 807.050, 807.062, 821.080 & 826.033
Statutes/Other Implemented: ORS 802.520, 803.200, 803.305, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010, 807.040, 807.045, 807.050, 807.062, 807.400 & 821.080
DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02
DMV 7-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-016-0020 Definitions that Apply to Residency and Domicile

For the purposes of OAR 735-016-0010 through 735-016-0070 the following definitions apply:

(1) “Abode” means a person’s true and permanent home or place of habitation.

(2) “Business entity” means a corporation, organization, firm, association, partnership, limited liability company, joint stock company, governmental agency, or other legal entity, other than an individual.

(3) “Domicile” is as described in ORS 803.355 and does not apply to a business entity.

(4) “Established place of business” is:

(a) A physical structure in which the official business records of the business entity are kept and which is owned, leased or rented by the business entity or individual business owner;

(b) Designated by a street number or road location;

(d) Furnished with a telephone(s) publicly listed in the name of the business or the individual business owner; and

(e) Staffed by one or more persons conducting activities for the business maintaining the facility.

(5) “International Registration Plan” (IRP) means the inter-jurisdictional reciprocity agreement to which Oregon is a party, which authorizes apportioned registration of commercial vehicles and recognition of commercial vehicles apportioned in other jurisdictions.

(6) “Primary residence” means the state, jurisdiction or physical location where a person lives, during any 12-month period, more than he or she lives elsewhere during that period.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.350, 803.370, 807.050, 807.062 & 821.080
Statutes/Other Implemented: ORS 802.500, 802.520, 803.200, 803.300, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010, 807.040, 807.045, 807.050, 807.062, 821.080 & 826.033
DMV 43-2018, amend filed 10/22/2018, effective 10/22/2018
DMV 7-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-016-0030 Domicile — Establishing Intent to Remain or Return

(1) In order to be domiciled in Oregon, a person whose place of abode is in Oregon must intend to remain in this state or if absent from the state must intend to return to it.

(2) DMV may require proof that the person intends to remain in Oregon. Acceptable proof, under this section, includes, but is not limited to:

(a) Ownership of the person's residence in Oregon, or a lease or rental agreement of 12 months or more in duration;

(b) Permanent employment in Oregon;

(c) A true copy of the Oregon income tax return filed with the Oregon Department of Revenue for the previous tax year, showing the person is a permanent or part-year Oregon resident. For purposes of this subsection, the proof must:

(A) Include a certification by the person that the original return was filed; and

(B) Show the person was an Oregon resident at the end of the tax year if the person was a part-year Oregon resident; or

(d) Payment of residence tuition fees at institutions of higher education in Oregon.

(3) A person who is absent from Oregon but claims to be domiciled in this state may be required to provide proof to DMV that shows the person intends to return to Oregon. Acceptable proof, under this section, must show:

(a) The person has continuously maintained an Oregon residence while absent from Oregon;

(b) The person owns a residence in Oregon;

(c) The person is temporarily residing outside of Oregon (e.g., payment of non-resident tuition while attending a school outside of Oregon, temporary transfer of employment to another state or country, temporary care of a family member out of state). The person may be required to show they have maintained ties with Oregon, including but not limited to voter registration or maintenance of an Oregon bank account;

(d) The person is a member of the United States Armed Forces, or the member's spouse, partner in a domestic partnership, or a dependent who resides with the member, who lists Oregon residence in his or her military records; or

(e) The person filed an Oregon income tax return with the Oregon Department of Revenue for the previous tax year that shows the person is a permanent or part-year Oregon resident. Acceptable proof under this subsection must:

(A) Be a true copy of the Oregon income tax return filed with the Oregon Department of Revenue and must include a certification by the person that the original return was filed; and

(B) Show the person was an Oregon resident at the end of the tax year if the person was a part-year Oregon resident.

(4) A person who claims to reside at the address of a service provider in Oregon, as defined in OAR 735-010-0008, for purposes of vehicle registration, driver licensing or obtaining an identification card must provide proof as described in section (2) or (3) of this rule.

History

Statutory/Other Authority: ORS 184.616, 184.619, 803.350, 803.370, 807.050, 807.062 & 821.080, Sec. 3, Ch. 99 & OL 2007
Statutes/Other Implemented: ORS 802.500, 802.520, 803.200, 803.300, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010, 807.040 807.045, 807.050, 807.062, 807.400, 821.080 & 826.033
DMV 9-2009, f. 5-22-09, cert. ef. 6-1-09
DMV 5-2008, f. & cert. ef. 2-4-08
DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02
DMV 7-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-016-0040 Application of Domicile and Residency Requirements

(1) To be eligible for an Oregon driver license, driver permit or identification card a person must be domiciled in Oregon or meet the residency requirements described in ORS 807.062(4), unless otherwise authorized or required by law.

(2) To be eligible to register a vehicle in Oregon a person or business entity must meet the residency requirements described in ORS 803.200(1) , unless otherwise authorized or required by law.

(3) A lessor will be considered a resident for purposes of registering a vehicle(s) leased in Oregon for a period of 60 or more days and operated in Oregon by the lessor for business purposes if the lessor:

(a) Maintains an established place of business, main office, branch office or warehouse facility in Oregon and operates motor vehicles in Oregon; or

(b) Owns a motor vehicle that operates in Oregon in intrastate transportation for compensation or profit, other than for seasonal agricultural work.

(4) DMV will determine the person has remained in Oregon for a consecutive period of six months, as used in ORS 803.200 and 807.062 if:

(a) During a consecutive six-month period the person has continuously maintained a residence in Oregon and has only been absent from Oregon on trips of limited duration (e.g., vacations, business trips or retreats); or

(b) If the person lives in Oregon and some other jurisdiction, all of the following are true:

(A) At one time the person lived in Oregon for at least six consecutive months;

(B) The person continuously maintains an Oregon residence; and

(5) A person may be an Oregon resident for purposes of both vehicle registration and driver licensing or only for the purpose of vehicle registration.

(6) A person is an Oregon resident only for purposes of registering a vehicle if the person does not meet the criteria in section (2) of this rule but:

(a) Owns a motor vehicle that operates in intrastate transportation for compensation or profit, other than for seasonal agricultural work; or

(b) Is the owner of an unincorporated business that has an established place of business, main office, branch office or warehouse facility in Oregon that operates motor vehicles in Oregon.

(7) Although not residing in Oregon, a member of the United States Armed Forces, the member's spouse, partner in a domestic partnership, or dependent who resides with the member, are eligible to register a vehicle or obtain a driver license, permit or identification card from Oregon, if domiciled in this state. Sufficient proof of domicile includes documentation that the member's state of legal residence, as listed in military records, for purposes of withholding State income taxes from military pay is Oregon.

History

Statutory/Other Authority: ORS 184.619, 803.350, 803.370, 807.050, 807.062 & 821.080
Statutes/Other Implemented: ORS 802.500, 802.520, 803.200, 803.300, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010, 807.040, 807.045, 807.050, 807.062, 807.400, 821.080 & 826.033
DMV 43-2018, amend filed 10/22/2018, effective 10/22/2018
DMV 5-2008, f. & cert. ef. 2-4-08
DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02
DMV 7-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-016-0050 Eligibility for Vehicle Registration — Business Use

(1) In determining eligibility for registration of vehicles owned for business use, the phrase “maintaining a main office, branch office or warehouse facility in Oregon and operating motor vehicles in Oregon,” as used in ORS 803.200(1)(d), applies to the following:

(a) A business entity;

(b) A person who owns and operates an unincorporated business; and

(2) To be eligible to register a vehicle owned for business use, a business entity or person or lessor as described in section (1) of this rule, shall:

(a) Be a resident as described in OAR 735-016-0040;

(b) Show that Oregon is the base jurisdiction for registration under the provisions of the IRP; or

(c) Be an out-of-state corporation owning, operating or maintaining a place of business in Oregon with regard to vehicles used by the corporation doing business in Oregon.

(3) An established place of business does not include the office or facility of a service provider, as defined in OAR 735-010-0008, who on behalf of another, applies for or facilitates registration of a vehicle in Oregon owned by a person or business entity who is not otherwise eligible to register a vehicle in Oregon.

(4) Operating motor vehicles in Oregon includes the following:

(a) Physical operation of a vehicle over Oregon highways;

(b) Housing, dispatching or servicing in Oregon those motor vehicles owned and operated by a business;

(d) Operating motor vehicles intrastate in Oregon for compensation or profit, other than seasonal agricultural work; and

(e) Lessors of trailers used solely in a pool fleet(s), as defined in the International Registration Plan, who do not otherwise physically operate motor vehicles in Oregon, shall be considered to be operating motor vehicles over the highways of Oregon, if the lessor:

(A) Maintains a main office, branch office, or warehouse facility in Oregon as defined in this rule; and

(B) Actually houses and dispatches or services trailers from a location within Oregon.

(5) Operating motor vehicles in intrastate transportation for compensation or profit, as used in ORS 803.200(1)(e), applies to all of the following:

(a) Transporting persons or property for other than seasonal agricultural purposes where both the origin and destination are within Oregon; and

(b) The persons or property are transported for some form of remuneration, gain or return, or the vehicles are commercial motor vehicles as defined in ORS 801.208.

(6) “Primarily housed and dispatched from” applies to the home base of a vehicle and includes:

(a) The primary location where the vehicle is parked, garaged or returned to when not in use;

(b) A business employee’s primary base of operation or employment when he or she has an assigned business vehicle; or

(c) For vehicles housed and dispatched from different locations, the location from which the business most frequently dispatches or houses the vehicles.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 803.350
Statutes/Other Implemented: ORS 802.500, 802.520, 803.200, 803.300, 803.325, 803.350, 803.355, 803.360 & 803.370
DMV 7-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-016-0060 When Proof of Residency or Domicile Is Required

(1) DMV may require proof that a person or business entity is eligible to obtain or renew a driver license, driver permit, identification card or to register or renew a vehicle in Oregon. Proof may be required when DMV has reason to believe a person or business entity is not a resident of or domiciled in this state.

(2) When a person applies for an original or renewal Oregon driver license, driver permit or identification card, proof of residency or domicile may be required if:

(a) A person provides information that the person currently resides somewhere other than Oregon;

(b) A person has no actual residence address, or

(3) When a person applies for vehicle registration or renewal of vehicle registration, proof of residency or domicile may be required if:

(a) The person does not hold an Oregon driver license, driver permit or identification card;

(b) The person’s residence address is not in Oregon; or

(4) In addition to sections (2) and (3) of this rule, DMV may at any time require proof of residency or domicile for a driver license, permit, identification card or vehicle registration, including, but not limited to the following:

(a) If a business entity provides only an out-of-state business address and does not provide an Oregon address of its established place of business, main office, branch office or warehouse facility;

(b) If DMV receives a complaint or other information that suggests that a person or business entity:

(A) Is or may be a resident of another state;

(B) Used a false address or an address that is not their residence or business address when applying for a driver license, driver permit, identification card or vehicle registration; or

(c) If the address provided to DMV as a residence or business address is known or determined by DMV to be that of a service provider, such as a mail service;

(d) If the residence or business address provided to DMV is determined by DMV to generally be used as a temporary residence, such as a motel, homeless shelter or campground;

(e) If the address provided to DMV is determined by DMV to be an address that has been used by multiple applicants for a driver license, driver permit, identification card or vehicle registration; or

(f) If DMV receives information that a person or business entity is engaged in applying for vehicle registration or assisting in such application in Oregon when the vehicle is not qualified or eligible for Oregon registration and DMV has identified a vehicle(s) for which an application has been submitted or for which registration was obtained as a result of the person’s or business entity’s action.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.350, 803.370, 807.050, 807.062 & 821.080
Statutes/Other Implemented: ORS 802.500, 802.520, 803.200, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010 & 807.040, 807.045, 807.050, 807.062, 807.400, 821.080 & 826.033
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02
DMV 7-1999, f. & cert. ef. 12-17-99

Or. Admin. R. 735-016-0070 Proof of Residency or Domicile

(1) DMV will accept the following as proof of residency or domicile to obtain or renew a driver license, driver permit, identification card or to register or renew a vehicle in Oregon:

(a) A residence address in Oregon where the applicant physically resides that is not the address of a service provider as defined in OAR 735-010-0008; or

(b) A true copy of the Oregon income tax return filed with the Oregon Department of Revenue for the previous tax year, showing the person is a permanent or part-year Oregon resident. For purposes of this subsection, the proof must:

(A) Include a certification by the person that the original return was filed with the Oregon Department of Revenue; and

(B) Show the person was an Oregon resident at the end of the tax year if the person was a part-year Oregon resident.

(2) If a person who resides in Oregon is not able to meet the requirements of section (1) of this rule, the person must provide DMV a certification of residency or domicile for an Oregon driver license, driver permit, identification card or vehicle registration. In addition, the person must provide at least two other forms of proof that the person is a resident of or domiciled in Oregon. Acceptable proof, under this section, includes but is not limited to:

(a) Property tax record(s), utility bills, rent receipts, a lease or rental agreement or other document that shows that the individual resides in Oregon;

(b) Enrollment records or other documentation that the person is attending an educational institution maintained by public funds and pays resident tuition fees;

(c) Motel, hotel, campground or recreational park receipts showing that the person currently resides in Oregon and has remained in Oregon for six consecutive months;

(d) A statement, dated within the last 60 days, from a relief agency or shelter that the person receives services in Oregon;

(e) Fuel receipts, motel receipts, or other documents that show the person has lived in Oregon for at least six of the last 12 months.

(f) Documents that show the person has a current bank account at a bank or credit union in Oregon and that the account has been open for 60 days or more;

(g) Any document that shows the person has received public assistance from an agency of the State of Oregon within the last year; or

(h) An Oregon voter registration card.

(3) If a person is domiciled in Oregon but is not currently residing in Oregon is not able to meet the requirements of section (1) or (2) of this rule, the person must complete a certification of residency or domicile for Oregon driver license, driver permit, identification card or vehicle registration. Additionally, the person must provide proof that the person intends to return to Oregon as provided in OAR 735-016-0030(3).

(4) Examples of documentation a business entity may be required to submit in relation to Oregon vehicle registration include but are not limited to:

(a) Property tax records, utility bills, rent receipts, lease agreements or similar documents which show the business entity is currently the occupant of an office or warehouse facility in Oregon along with copies of service records, fuel receipts, garage receipts or other documents that show the vehicle(s) is currently operated in Oregon;

(b) A permit number or other information that shows the person or business holds a permit or other authority issued under ORS Chapter 825 for intrastate transportation;

(d) Dispatch, delivery, maintenance, tax records, or other documentation that show the business’ vehicles are currently housed or dispatched from a location in Oregon or are currently operating in Oregon.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.350, 803.370, 807.050, 807.062 & 821.080
Statutes/Other Implemented: ORS 802.500, 802.520, 803.200, 803.300, 803.325, 803.350, 803.355, 803.360, 803.370, 807.010, 807.040, 807.045, 807.050, 807.062, 807.400, 821.080 & 826.033
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 9-2009, f. 5-22-09, cert. ef. 6-1-09
DMV 12-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02
DMV 7-1999, f. & cert. ef. 12-17-99

Division 18 ACCEPTANCE AND VERIFICATION OF INFORMATION SUBMITTED BY ELECTRONIC MEANS

Or. Admin. R. 735-018-0000 Authority and Purpose

(1) OAR chapter 735, division 18, rules are adopted by DMV under the authority of ORS 802.012 and 803.206.

(2) The purpose of these rules is to:

(a) Specify the procedures and requirements under which a person or organization may, by electronic means, submit information to DMV that is customarily provided on paper forms;

(b) Specify the procedures and standards under which a business or vehicle dealer may submit information to DMV that contains an electronic signature; and

(c) Promote the development and use of electronic transactions and signatures between DMV and its customers while providing service that is efficient, secure, convenient and responsive.

History

Statutory/Other Authority: ORS 184.619, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 26-2026, amend filed 08/13/2026, effective 09/01/2026
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0010 Definitions

For purposes of OAR chapter 735, division 18:

(1) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(2) “DMV’s Website” means DMV’s Internet address at http://www.oregon.gov/ODOT/DMV and https://DMV2U.oregon.gov.

(3) “Electronic record” means a document or information created, generated, sent, communicated, received or stored by electronic means.

(4) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person or organization with the intent to sign the record.

(5) “Electronic transaction” means the exchange of an electronic record and, in those transactions where an ink on paper signature would also be required under Oregon law, an electronic signature, between a person or organization and DMV for the purposes of:

(a) Facilitating access to public records or public information;

(b) Purchasing or selling goods or services;

(d) Facilitating the submission of an electronic record or electronic signature required or accepted by DMV, including the submission of an electronic record or signature by an applicant to complete a DMV transaction; or

(e) Creating records upon which DMV or another person or organization will reasonably rely upon, including but not limited to formal communications, notices, certifications, authorizations and any other record that is issued under a signature.

(f) This section (5) does not apply to informational publications and informal communications.

(6) “Hardcopy” means a document printed on paper.

(7) “Hyperlink” means a connection to or within electronic documents or from one webpage to another webpage, or file using a computer programming language or user interface.

(8) “Organization” means corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. “Organization” does not include an individual.

(9) “Person” means an individual.

(10) “Personal Information” means the following information that identifies the individual: driver license, driver permit or identification card number; name; address (excluding five-digit ZIP code); and telephone number.

(11) “PIN” means a personal identification number assigned by DMV to a person or organization to establish a secure means of authenticating the identity of a person or organization when conducting certain specified electronic transactions with DMV.

(12) “Record” means a document or information that is customarily printed on paper, which contains information relating to and evidencing the transaction of business between a person or an organization and DMV.

(13) “Unique identifier” means a number, name, symbol, answers to security questions or other identifier used singly or in combination by DMV to uniquely identify a person, organization or vehicle to DMV. For example, a driver license number, customer identification number, date of birth, place of birth, mother’s maiden name, vehicle license plate number, vehicle identification number, etc.

(14) “Webpage” means an electronic document created with a computer programming language or user interface that can be accessed through an online interface or the Internet and displayed on a device such as a computer monitor or mobile device.

(15) “Website” means a group of interrelated webpages, associated files or computer application systems hosted on a web server accessed through the Internet or an online interface.

History

Statutory/Other Authority: ORS 184.619, 406.073, 802.010, 802.012 & 803.460
Statutes/Other Implemented: ORS 406.073, 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 19-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 2-2014, f. & cert. ef. 3-25-14
DMV 20-2013, f. & cert. ef. 12-20-13
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0020 General Provisions

An electronic transaction is a transaction conducted between DMV and a person or organization, including but not limited to the submission of electronic records to DMV that meets all of the following requirements:

(1) Is limited to the electronic transactions described under OAR 735, divisions 18, 61, 62 and 64 rules;

(2) Is voluntary, and is made at the sole discretion of the person or organization submitting the electronic record unless otherwise required by Oregon law or by any agreement entered into with the Oregon Department of Transportation;

(3) Is conducted through DMV’s website or an official State of Oregon website that hosts or administers a DMV application or service;

(4) Is subject to the provisions of DMV record privacy law (ORS 802.175-802.191) and Oregon’s Public Records Law (ORS 192.410–192.505);

(5) Has the same level of legal protection and effect that is given to a hardcopy transaction and may not be denied legal effect, validity or enforceability solely because it is conducted in electronic form;

(6) Is conducted in accordance with:

(a) The provisions of OAR 735, division 18 rules;

(b) All applicable laws and administrative rules; and

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 20-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 2-2014, f. & cert. ef. 3-25-14
DMV 21-2003, f. & cert. ef. 12-15-03
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0030 Personal Identification Number (PIN); Unique Identifiers

(1) DMV may, at its discretion, require the use of a PIN or other unique identifier for certain electronic transactions.

(2) If a PIN is required, a person or organization may request a PIN by submitting a request for PIN at DMV’s website.

(3) Upon the receipt of a request for PIN, DMV will assign and, at its discretion, mail or e-mail a PIN to the person or organization requesting the PIN.

(4) DMV reserves the right to terminate a PIN issued under this rule, if the PIN is not activated or used at DMV's website within a period of time to be determined by DMV.

(5) A person or organization may request a change of PIN by submitting a request for change of PIN at DMV’s website.

(6) Upon the receipt of a request to change a PIN, DMV will assign and, at its discretion, mail or e-mail a PIN to the person or organization requesting the PIN.

(7) At the time a request for PIN or request for change of PIN is submitted to DMV, DMV at its discretion, will e-mail or mail a PIN assigned under this rule to the person or organization’s e-mail or physical address that is contained in DMV’s records.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0040 Certifications

Pursuant to ORS 802.012(2), an electronic transaction conducted at DMV's website that includes the electronic submission of any information to DMV necessary to comply with any requirement of the Oregon Vehicle Code, statute, or administrative rule shall:

(1) Constitute a certification, including but not limited to a certification as to the truth and accuracy of the document or information submitted in the electronic record;

(2) Apply whether or not the information submitted is signed by the person or organization that submits the information; and

(3) Apply whether or not the information was electronically submitted as part of an electronic record or in some other form.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0050 Date and Time a Transaction is Considered Submitted and Received

(1) An electronic transaction is considered received by DMV on the date and at the time a user submits an electronic record into DMV’s website, or an official State of Oregon website that maintains a hyperlink to DMV’s website, and receives an electronic confirmation or receipt from DMV’s website.

(2) To be considered received or timely submitted, an electronic record must be received by DMV no later than 12:00 midnight on the deadline for submitting the electronic record.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 2-2014, f. & cert. ef. 3-25-14
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0060 Signature

For any transaction that is required under Oregon law to be in writing and have a signature, an electronic signature shall have the same legal force and effect as if the person or organization had submitted the transaction in hardcopy with a handwritten signature in ink on paper.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0065 Use of Electronic Signatures by Businesses and Dealers in Vehicle Transactions

(1) This rule establishes the standards under which a business or vehicle dealer may use an electronic signature on documents submitted directly to DMV or through a DMV integrator, as defined in ORS 802.600, for vehicle title and registration transactions.

(2) For the purposes of this rule:

(a) "Business" includes a vehicle dealer in another jurisdiction, leasing company, financial institution, insurance company or other business involved in vehicle sales or transfer of ownership or interest.

(b) "Electronic signature" has the meaning given the term in ORS 84.004.

(d) “Printed submission” means:

(A) A document that has been electronically signed and submitted to DMV by a business or vehicle dealer, either printed as a paper hardcopy or submitted electronically; or

(B) A document that has been electronically signed and submitted to an integrator, as defined in ORS 802.600, by a business or vehicle dealer either as a paper hardcopy or submitted electronically.

(e) "Vehicle dealer" means a person who holds a vehicle dealer certified issued under ORS 822.020.

(3) An electronic signature submitted under this rule must:

(a) Comply with ORS Chapter 84 (Uniform Electronic Transactions Act);

(b) Be applied using a computer or electronic device; and

(4) With the exception of a vehicle title, all vehicle title and registration application documents that contain an electronic signature may be submitted directly to DMV or to DMV through an integrator.

(5) If DMV determines that an electronic signature on a submitted document does not meet the standards described in section (3) of this rule, DMV may:

(a) Reject the document; or

(b) Cancel the title, registration, or both that were issued as a result of the submission.

(6) If DMV or the integrator questions the validity or authenticity of a signature, DMV or the integrator may request records pertaining to the signature from the business or vehicle dealer.

(7) Any document submitted under this rule that contains an electronic signature is deemed to satisfy any requirement for submitting an original document for purposes of the Oregon Vehicle Code and implementing administrative rules.

(8) All records and associated information used to accurately reproduce, authenticate, or confirm the validity of a signature must be retained in electronic or physical form for five years, unless the document is required by Oregon law to be retained for a longer period.

History

Statutory/Other Authority: ORS 84.001-84.061, 184.619, 802.010, 802.012 & 803.206
Statutes/Other Implemented: ORS 84.001-84.061, 803.206 & 49 CFR § 390.32
DMV 26-2026, adopt filed 08/13/2026, effective 09/01/2026

Or. Admin. R. 735-018-0070 Payment of Fees; Use of Credit Cards; Debit Cards

(1) If an electronic transaction requires the payment of fees to DMV, payment of those fees within the electronic transaction shall be limited to only those credit card(s) or debit card(s) that are approved by DMV and designated on DMV’s website.

(2) To pay required fees to DMV within an electronic transaction, a person or organization must submit the following information to DMV:

(a) Credit cardholder or debit cardholder name and billing address, including city, state and ZIP code;

(b) Credit card or debit card number;

(d) If required, the telephone number of the credit card or debit card holder or the security code assigned to the credit card or debit card.

(e) If required, the email address of the credit card or debit card holder.

History

Statutory/Other Authority: ORS 184.619, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 17-2019, amend filed 09/26/2019, effective 10/01/2019
DMV 2-2014, f. & cert. ef. 3-25-14
DMV 21-2003, f. & cert. ef. 12-15-03
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0080 Electronic Confirmation or Receipt, or Error Message

An electronic transaction conducted at DMV’s website will result in the generation of an electronic confirmation or receipt, or an error message including, but not limited to, one or more of the following:

(1) An error message informing the user a problem exists that must be corrected before the electronic transaction can be completed, if:

(a) An error is made on an electronic record; or

(b) A required data element is left off an electronic record.

(2) An error message informing the user a problem exists and that the electronic transaction cannot be completed, if:

(a) DMV’s website is experiencing technical difficulties;

(b) There is an error in transmission of the electronic record;

(d) The credit card or debit card used in the transaction is declined.

(3) An electronic confirmation or receipt, if the electronic transaction is successfully completed.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 2-2014, f. & cert. ef. 3-25-14
DMV 21-2003, f. & cert. ef. 12-15-03
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0090 Electronic Records

DMV records pertaining to electronic transactions conducted at DMV's website are subject to all of the requirements for processing and records maintenance as described in OAR chapter 735, division 10.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0100 Notification of Change of Address by Electronic Means

(1) Except as prohibited under section (2) of this rule, a person required to notify DMV of a change of address pursuant ORS 803.220, 807.420 or 807.560 and OAR 735-010-0070, may notify DMV electronically of a change of address by submitting a notice of a change of address at DMV's website.

(2) An electronic notice of a change of address by an organization as defined in OAR 735-018-0010 is prohibited.

(3) This rule does not apply to notice of a change of name or any other provision otherwise required by ORS 803.220, 807.420 or 807.560.

History

Statutory/Other Authority: ORS 184.619, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 35-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 17-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0110 Renewal of Vehicle Registration by Electronic Means at DMV's Website

(1) A person or organization may renew, by means of an electronic transaction through DMV’s website, a vehicle registration pursuant to ORS 803.360, 803.370, 803.450, 803.455, 803.460, 803.465 and 803.473, by submitting:

(a) A completed Online Registration Renewal Transaction; and

(b) The fee required to be paid for renewal of vehicle registration under ORS 803.455 under the method prescribed in OAR 735-018-0070.

(2) In addition to the certifications described in OAR 735-018-0040, a renewal of vehicle registration submitted by means of an electronic transaction shall constitute a certification of all of the following:

(a) The motor vehicle for which the person is applying for registration:

(A) Is, at the time of registration renewal, covered by the insurance policy indicated on the registration renewal application;

(B) Is not subject to weight-mile tax; and

(C) If the vehicle is a tow/recovery, farm, manufactured structure toter, or a charitable/non-profit vehicle that has been previously issued special registration, at the time of renewal:

(i) The vehicle continues to qualify for special registration; and

(ii) The vehicle’s use continues to conform to Oregon law as previously certified.

(b) The applicant for vehicle registration renewal:

(A) Is a resident of or domiciled in Oregon, or is otherwise eligible, or required to register the vehicle in question pursuant to ORS 803.200 and 803.360;

(B) Understands that it is a crime under ORS 803.375 to knowingly make a false statement on an application for vehicle registration; and

(C) If required, has an in-house drug and alcohol testing program that meets the federal requirements; or is member of a consortium that provides testing that meets the federal requirements, or is exempt from the preceding requirements described in this paragraph.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.012 & 803.460
Statutes/Other Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 7-2019, amend filed 02/21/2019, effective 02/21/2019
DMV 21-2003, f. & cert. ef. 12-15-03
DMV 4-2003, f. & cert. ef. 5-14-03

Or. Admin. R. 735-018-0115 Renewal of Vehicle Registration at Department of Environmental Quality (DEQ)

(1) Except as provided in section (3) of this rule, a person or organization required to obtain a DEQ Certificate of Compliance under ORS 803.465 and is making no changes, including address changes, to the vehicle registration may renew the vehicle’s registration at DEQ by means of an electronic transaction if the person or organization meets all other registration requirements by:

(a) Presenting the Vehicle Registration Renewal reminder to DEQ;

(b) Submitting the fee for renewal of the vehicle registration under ORS 803.455 using a method prescribed by DEQ;

(d) Certifying to the statements in section (2) of this rule by providing a unique identifier established by the DMV.

(2) By providing a unique identifier in lieu of a handwritten signature, the applicant is certifying all of the following statements are true:

(a) The motor vehicle is currently covered by the insurance policy and policy number provided to DEQ and electronically transferred to DMV.

(b) The applicant’s home is in Oregon or the applicant is otherwise eligible or required to register the vehicle under ORS 803.200 and 803.360.

(c) If the vehicle is a tow/recovery, farm, manufactured structure toter or charitable/nonprofit vehicle, the vehicle continues to qualify for special registration and the use continues to conform to law as previously certified.

(d) The vehicle is not subject to weight-mile tax.

(e) If the applicant is a company required by federal law to participate in a drug and alcohol testing program, the company has an in-house program that meets federal requirements, or is a member of a consortium that provides testing that meets federal requirements, or is exempt from the requirement by federal law.

(f) If the vehicle to be registered is a commercial vehicle, the applicant is knowledgeable of the applicable federal motor carrier safety regulations and hazardous materials regulations and comparable state regulations.

(g) The information provided to DEQ is true and correct to the best of the applicant’s knowledge and the applicant understands it is a crime under ORS 803.375 to knowingly make any false statement on an application for vehicle registration.

(3) A person may not renew the person’s vehicle registration at DEQ if the person is requesting that DMV notify the Director of Veterans’ Affairs of the person’s name and address.

(4) DEQ will validate the registration card attached to the vehicle registration renewal when the applicant meets all registration requirements. The validated registration card becomes the vehicle’s valid registration card and must be retained in the vehicle as required by ORS 803.505.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 802.012
Statutes/Other Implemented: ORS 802.012, 803.360, 803.370, 803.450, 803.455, 803.460, 803.465, 803.473, 803.200, 803.375 & 825.410
DMV 7-2019, adopt filed 02/21/2019, effective 02/21/2019

Or. Admin. R. 735-018-0120 Notification of Transfer or Sale of Vehicle by Electronic Means

Notice required under ORS 803.112 and 803.117 that a person has transferred interest in a vehicle covered by an Oregon title may be submitted to DMV by means of an electronic transaction through DMV’s website.

History

Statutory/Other Authority: ORS 814.616, 184.619, 802.012, 803.112 & 803.112
Statutes/Other Implemented: ORS 802.012, 803.112 & 803.117
DMV 12-2004, f & cert. ef. 6-24-04
DMV 27-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04

Or. Admin. R. 735-018-0130 Authorization to Provide Name and Address to the Director of Veterans’ Affairs

An authorization to provide the name, residence or mailing address, and electronic mail address of a member or veteran of a uniformed service to the Director of Veterans’ Affairs as described in OAR 735-010-0250 may be submitted to DMV by means of an electronic transaction through DMV’s website.

History

Statutory/Other Authority: ORS 184.619, 406.073, 802.010, 802.012 & 803.460
Statutes/Other Implemented: ORS 406.073, 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420 & 807.560
DMV 14-2025, amend filed 10/27/2025, effective 01/01/2026
DMV 20-2013, f. & cert. ef. 12-20-13

Or. Admin. R. 735-018-0140 Sno-Park Permits Issued by Electronic Means

(1) Issuance of an Annual Winter Recreation Area Parking Permit (Sno-Park permit) is in accordance with OAR 735-080-0000. A person may purchase an Annual Sno-Park permit by means of an electronic transaction on DMV's website from October 1 through April 15 of each year.

(2) Sno-Park permits purchased through an electronic transaction on DMV's website are mailed to the address provided by the person during the electronic transaction.

(3) When a person purchases an Annual Sno-Park permit through an electronic transaction on DMV’s website, DMV issues an Interim Annual Sno-Park permit. The Interim Annual Sno-Park permit is valid for two weeks. A person may print and use the Interim Annual Sno-Park permit as described in OAR 735-080-0000.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.012 & 811.595
Statutes/Other Implemented: ORS 802.012, 810.170, 811.590 & 811.600
DMV 17-2026, amend filed 06/11/2026, effective 06/11/2026
DMV 17-2019, adopt filed 09/26/2019, effective 10/01/2019

Or. Admin. R. 735-018-0160 Replacement of Real ID or Non-Real ID Driver License, Driver Permit or Identification Card by Electronic Means at DMV's Website

(1) DMV may issue a replacement driver permit, driver license or identification card applied for online for one of the reasons listed in section (2) of this rule if the applicant meets all eligibility requirements set forth in this rule.

(2) DMV may issue a replacement driver license, driver permit or identification card applied for online if an applicant:

(a) Certifies the driver license, driver permit, or identification card was lost, destroyed or mutilated;

(b) Has updated their DMV record with a change of residence or mailing address or by adding a mailing address by submitting a Change of Address as prescribed in OAR 735-010-0070; or

(c) Has not received the applicant's driver license, driver permit or identification card in the mail after applying online or in person at a DMV office and the applicant does not meet the requirements under OAR 735-062-0092(3) for a reissued driver license, driver permit or identification card.

(3) A person may apply to replace, by means of an electronic transaction through DMV's website, a Real ID or non-Real ID driver license, driver permit or identification card by submitting:

(a) A completed online replacement driver license, driver permit or identification card application that:

(A) Contains the last six digits of the applicant's social security number (SSN); or

(B) If the applicant is not eligible for SSN and is applying for non-commercial driving privileges or an identification card the applicant must certify they are ineligible for a SSN; and

(b) The fee required to be paid for replacement of driver license or driver permit card under ORS 807.370 under the method prescribed in OAR 735-018-0070; or

(c) The fee required to be paid for replacement identification card under ORS 807.410 under the method prescribed in OAR 735-018-0070.

(4) In addition to the certifications described in OAR 735-018-0040, the applicant applying for replacement of any driver license, driver permit or identification card submitted by means of an electronic transaction shall constitute a certification by the applicant to all of the following:

(a) Is, at the time of application, a resident of or domiciled in Oregon as described in ORS 807.062;

(b) Does not have a vision condition or impairment that impacts the applicant's ability to drive safely, which has not been corrected by the use of glasses or contact lenses;

(d) Does not have a problem condition with an intoxicant, as defined in Oregon Laws 2023, Chapter 498 that affects the applicant's ability to drive safely.

(e) To the best of the applicant's knowledge is not suspended, canceled or revoked in Oregon or any other jurisdiction;

(f) Qualifies for the driving privilege or identification card being applied for;

(g) Understands that it is a crime under ORS 807.520 and 807.530 to knowingly make a false application for driving privileges or identification;

(h) Understands that once the application for the replacement driver license, driver permit or identification card is submitted, the current driver license, driver permit or identification card is invalid; and

(i) Understands that if the applicant obtains a replacement driver license, driver permit, or identification card, the applicant must return to DMV the invalidated driver license, driver permit, or identification card to DMV if it is later found, has been updated with a new address or was replaced due to damage.

(5) An applicant applying for a replacement driver license, driver permit, or identification card online may not change any information on the card.

(6) A driver license, driver permit, or identification card being replaced online will contain the last photograph on file with DMV.

(7) DMV may not issue a replacement driver license, driver permit, or identification card under this rule if the applicant's most recent photograph on file with DMV is more than nine years old.

(8) Before issuing a replacement driver license or driver permit, DMV will make an inquiry to the National Driver Registry (NDR)/Problem Driver Pointer System (PDPS), Commercial Driver License Information System (CDLIS) and State Pointer Exchange System (SPEXS)/State to State (S2S) services to determine if the applicant's driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction.

(9) Before issuing a replacement driver license, driver permit or identification card online DMV will make an inquiry using the S2S service to determine if the applicant holds a driver license, driver permit or identification card issued by another jurisdiction.

(10) A replacement driver license, driver permit, or identification card is mailed to the address in DMV's record at the time the applicant applies for the replacement online.

(11) An applicant applying for a replacement online may not request another replacement, either online or in a field office for 20 days after the date the applicant submits the online replacement application.

(12) An applicant in the United States for a temporary length of stay is not eligible to replace the applicant's limited term driver license, limited driver permit or limited term Identification card using the online application process.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 802.012
Statutes/Other Implemented: ORS 802.012, 807.040, 807.050, 807.060, 807.062, 807.160, 807.370, 807.400, 807.410 & 807.530
DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 14-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 3-2021, adopt filed 01/28/2021, effective 01/28/2021

Or. Admin. R. 735-018-0165 Renewal of Real ID or Non-Real ID Driver License, Driver Permit or Identification Card by Electronic Transaction at DMV's Website

(1) DMV may issue a renewed driver license, driver permit or identification card applied for by electronic transaction with the previous photograph on file if the applicant meets all eligibility requirements set forth in this rule and is not ineligible as provided in this rule.

(2) An applicant may renew a Real ID or non-Real ID driver license, driver permit or identification card by electronic transaction at DMV's website, in accordance with this rule. To be eligible for renewal by electronic transaction at DMV's website, the applicant must qualify for the driver license, driver permit or identification card for which the applicant is applying, meet all requirements provided in this rule and satisfy the requirements set forth in ORS 807.150.

(3) DMV may renew a driver license, driver permit or identification card applied for by electronic transaction at DMV's website if an applicant submits a completed electronic transaction renewal driver license, driver permit or identification card application, which must include:

(a) For a non-Real ID driver license, driver permit or identification card, the last six digits of the applicant's social security number (SSN) or a certification that the applicant has not been assigned a SSN;

(b) For a Real ID compliant driver license, driver permit of identification card, the last six digits of the applicant's social security number (SSN) or a certification that the applicant has not been assigned a SSN;

(d) Pays the required fee:

(A) As described in ORS 807.370 for renewing a driver license or driver permit, using the method prescribed in OAR 735-018-0070; or

(B) As described in ORS 807.410 for renewing an identification card, using the method prescribed in OAR 735-018-0070.

(4) An applicant who updates their residence address as part of the electronic transaction renewal application must upload proof of current residence address, as defined in OAR 735-062-0030.

(5) In addition to the certifications described in OAR 735-018-0040, an applicant who submits an application by electronic transaction for renewal of any driver license, driver permit or identification card is certifying that the applicant:

(a) Is, at the time of application, a resident of or domiciled in Oregon as described in ORS 807.062;

(b) Does not have a vision condition or impairment that impacts the applicant's ability to drive safely, which has not been corrected by the use of glasses or contact lenses;

(d) Does not have a problem condition with an intoxicant, as defined in Oregon Laws 2023, Chapter 498 that affects the applicant's ability to drive safely.

(e) Is, to the best of the applicant's knowledge, not suspended, canceled or revoked in Oregon or any other jurisdiction;

(f) Qualifies for the driving privilege or identification card being applied for;

(g) Understands that it is a crime under ORS 807.520 and 807.530 to knowingly make a false application for driving privileges or identification; and

(h) Understands that once the applicant submits the application for renewal of a driver license, driver permit or identification card, the current driver license, driver permit or identification card is invalid and must be destroyed by the applicant, as described in ORS 807.150.

(6) An applicant applying for a renewed driver license, driver permit or identification card by electronic transaction may not change or add any restrictions or endorsements contained on the driver license, driver permit or identification card.

(7) DMV may not issue a renewed driver license, driver permit or identification card under this rule if:

(a) The applicant's most recent photograph on file with DMV is more than nine years old.

(b) The applicant is a commercial driver license holder who has certified a driving type of excepted interstate and the commercial driver license contains a K restriction.

(d) The applicant's commercial driver license contains a hazardous materials endorsement.

(e) The applicant's previous driver license or driver permit was issued using the valid without photograph process provided in OAR 735-062-0120.

(f) The applicant is applying for a REAL ID driver license or identification card and during the previous issuance the applicant was not eligible for an SSN.

(8) Before issuing a renewed driver license or driver permit, DMV will make an inquiry to the National Driver Registry (NDR)/Problem Driver Pointer System (PDPS), Commercial Driver License Information System (CDLIS) and State Pointer Exchange System (SPEXS)/State to State (S2S) services to determine if the applicant's driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction.

(9) Before issuing a renewed driver license, driver permit or identification card by electronic transaction, DMV will make an inquiry using the S2S service to determine if the applicant holds a driver license, driver permit or identification card issued by another jurisdiction.

(10) DMV will not renew a driver license, driver permit or identification card if the applicant holds a driver license, driver permit or identification card issued by another state that was issued after the previous Oregon driver license, driver permit or identification card was issued.

(11) A driver license, driver permit or identification card renewed by electronic transaction is mailed to the address in DMV's record at the time the applicant applies for the renewal by electronic transaction.

(12) An applicant applying for a renewal by electronic transaction may not request a re-issue or replacement driver license, driver permit or identification card, using either DMV's website or in a field office, for 20 days after the date the applicant submits the electronic transaction renewal application.

(13) An applicant in the United States for a temporary length of stay is not eligible to renew the applicant's limited term driver license, limited term driver permit or limited term identification card using the electronic transaction application process.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 802.012
Statutes/Other Implemented: ORS 802.012, 807.040, 807.050, 807.060, 807.062, 807.150, 807.370, 807.400, 807.410 & 807.530
DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 14-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 19-2021, adopt filed 09/13/2021, effective 09/13/2021

Or. Admin. R. 735-018-0180 Emergency Contact

(1) This emergency contact rule implements Oregon Laws 2021, chapter 465. The rule describes the process for submitting emergency contact information to DMV for use by law enforcement during or after an emergency situation, as defined in Oregon Laws 2021, chapter 465.

(2) Any individual who has a DMV driver record, as described in ORS 802.200(8), may provide contact information for use in an emergency situation. A parent or legal guardian of an individual who is an unmarried minor and not emancipated may provide contact information on behalf of the minor individual.

(3) The Emergency Contact Information form is available at any DMV office, or it can be printed by going to www.oregondmv.com, or an online version can be obtained at DMV2U.oregon.gov.

(4) An individual may submit a completed Emergency Contact Information form:

(a) Using the online Emergency Contact Information form at DMV2U.oregon.gov;

(b) By mailing the form to DMV Headquarters, PO Box 12745, Salem, OR 97309-0745;

(d) At any DMV field office.

(5) Emergency contact information submitted online at https://DMV2U.oregon.gov may be seen by a police officer immediately after the submission. When a paper version of the completed Emergency Contact Information form is submitted to DMV, the emergency contact information will not be visible to a police officer until after the information is entered into DMV’s computer system by DMV staff.

(6) The Emergency Contact Information form contains the following:

(a) A place to provide:

(A) The individual’s full name;

(B) The individual’s date of birth;

(D) The individual’s residence address;

(E) The individual’s email address;

(F) The individual’s phone number; and

(G) Up to two emergency contacts for the individual, including each emergency contact’s full name and phone number. Additionally, the individual may provide their relationship to the emergency contact and the emergency contact’s residence address.

(b) A space for the signature of the individual or the parent or guardian completing the emergency contact information on behalf of the individual. The form states the individual is certifying to the following:

(A) The individual is providing the information voluntarily;

(B) Acknowledging the accuracy and completeness of the information supplied on the form is the sole responsibility of the individual, and that DMV will not cross-reference or research identifying or contact information;

(C) The individual authorizes the disclosure to, and use of, the emergency contact information by police officers, during or after an emergency situation, for purposes of contacting those listed about the location and general condition of the individual;

(D) If the individual is an unmarried minor who is not emancipated, at least one emergency contact is a parent or guardian of the individual; and

(E) The emergency contacts listed are individuals who are 18 years of age or older;

(d) An option to remove emergency contact information from the individual’s driver record.

(e) Instructions for completion and submission.

(7) DMV may not accept an Emergency Contact Information form that is unsigned or lacks sufficient information to identify the correct driver record of the individual.

(8) The emergency contacts provided on the Emergency Contact Information form will remain on the individual’s driving record until the individual submits a new Emergency Contact Information form in accordance with section (4) of this rule.

(9) A police officer, during or after an emergency situation, for purposes of contacting those listed about the location and general condition of the individual, may request the individual’s emergency contacts information by submitting a request through the DMV and law enforcement data system (LEDS) computer system interface.

History

Statutory/Other Authority: ORS 184.619, 802.010 & Oregon Laws 2021, Chapter 465
Statutes/Other Implemented: Oregon Laws 2021, Chapter 465
DMV 23-2021, adopt filed 11/23/2021, effective 11/23/2021

Division 20 GENERAL TITLE PROVISIONS

Or. Admin. R. 735-020-0000 Perfection of a Security Interest — Definitions

The following terms and definitions apply to OAR 735-020-0000 to 735-020-0060:

(1) “Agent” means a person designated by DMV to accept applications and fees for vehicle titles and registrations, and includes a person issued a vehicle dealer certificate under ORS 822.020.

(2) "DMV" means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(3) "EVR” means DMV’s electronic vehicle registration program.

(4) "EVR integrator" is a person designated by DMV by written agreement to facilitate transactions related to the titling and registering of motor vehicles between DMV and those Oregon vehicle dealers approved by DMV to conduct EVR transactions, including but not limited to the processing of applications for vehicle title and registration.

(5) "Evidence of Ownership" as used in ORS 803.097 means a document that contains a description of the vehicle, the name of each owner of the vehicle and the name of each person to whom interest is assigned, awarded or transferred; and

(a) Is a primary ownership document as provided in OAR 735-020-0010; or

(b) Is a transitional ownership document (TOD) as provided in OAR 735-020-0015.

(6) "Ownership document" has the same meaning as "ownership record" as defined in ORS 801.377 and as used in 803.130 through 803.138.

(7) "Primary ownership document" has the same meaning as "primary ownership record" as defined in ORS 801.402 and as used in 803.130 through 803.138.

(8) "Transitional ownership document" has the same meaning as "transitional ownership record" as defined in ORS 801.562 and as used in 803.130 through 803.138.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.210 & 803.097
Statutes/Other Implemented: ORS 801.130, 801.402, 801.562, 803.097 & 803.130 - 803.138
DMV 6-2004, f. & cert. ef. 5-24-04
DMV 10-2002, f. & cert. ef. 6-24-02
DMV 5-2000, f. & cert. ef. 8-10-00
MV 9-1993, f. 10-22-93, cert. ef. 11-4-93
MV 18-1988, f. & cert. ef. 6-1-88
MV 2-1988, f. & cert. ef. 1-7-88, Renumbered from 735-110-0500

Or. Admin. R. 735-020-0010 Perfection of Security Interest; Primary Ownership Document

(1) This rule specifies the documents DMV will consider primary ownership documents for the purposes of perfecting a security interest in a vehicle.

(2) Except as provided in section (3) of this rule, a primary ownership document is:

(a) A manufacturer’s certificate of origin (MCO) or equivalent document as described in OAR 735-022-0030 through 735-022-0060. This subsection applies to:

(A) A vehicle or camper built by a manufacturer that has never been titled or registered; and

(B) A vehicle or camper built, assembled, or reconstructed using a component kit that has never been titled or registered. The MCO may only be considered a primary ownership document for the vehicle or camper parts contained in the kit.

(b) A current certificate of title or salvage title issued for a vehicle or camper; or

(c) A Certificate to Obtain Title for a Vehicle (U.S. Government Form SF 97), for a vehicle or camper previously owned by the U.S. Government and where interest is being transferred.

(3) Notwithstanding section (2) of this rule, DMV may, at its discretion, consider other documents to be primary ownership documents when:

(a) DMV is satisfied that the original Oregon title has been lost or destroyed, and that there has been a change in interest;

(b) Interest has been transferred by operation of law under Oregon law, or through court action in a court having jurisdiction over persons or property located in Oregon, and the primary ownership documents described in section (2) of this rule are not available;

(c) The security interest is in a vehicle or camper not manufactured for sale in the U.S., and that is not currently registered or titled in the U.S.;

(d) The security interest is in a vehicle or camper last titled or registered outside the U.S.; or

(e) DMV is satisfied that a primary ownership document described in section (2) of this rule was never issued, is not obtainable, or has been surrendered to another jurisdiction.

(4) Documents DMV may determine are primary ownership documents under section (3) of this rule include but are not limited to:

(a) A court judgment or decree from a court having jurisdiction over persons or property located in Oregon that awards ownership of a vehicle or camper as a matter of law;

(b) A certificate of possessory lien foreclosure as described in OAR 735-020-0012;

(c) A completed and signed Inheritance Affidavit (DMV Form 735-516) vesting the interest of a deceased owner in the person designated by all the heirs as the owner of the vehicle or camper;

(d) A completed and signed Certificate of Ownership of an Assembled Light Trailer or Heavy Trailer (DMV Form 735-6644) for a trailer built by someone other than a manufacturer;

(e) A completed and signed Application for Replacement Title (DMV Form 735-515) or Application for Replacement Salvage Title (DMV Form 735-230) where:

(A) The application is accompanied by an Application for Title and Registration (DMV Form 735-226) that includes a release of interest from anyone listed on the original title that will not be listed on the new title; and

(B) Any change in interest is of a type not subject to odometer disclosure requirements under ORS 803.102 and OAR 735-028-0000 through 735-028-0100;

(f) A completed and signed Certification of Ownership Facts (DMV Form 735-550);

(g) An Ownership document issued by the U.S. Armed Forces for a vehicle or camper owned by a member of the U.S. Armed Forces;

(h) A salvage title, salvage bill of sale, or, except as provided in section (12) of this rule, a dismantler (wrecker) bill of sale on a vehicle or camper whose title has been surrendered to a jurisdiction; or

(i) For a vehicle or camper described under subsections (3)(c) and (d) of this rule:

(A) A certificate for export purposes issued by a foreign jurisdiction; or

(B) A vehicle or camper registration if the vehicle has been registered but is not currently titled.

(5) When the application for notation of a security interest is for a vehicle or camper that is initially being titled as assembled, reconstructed, or a vehicle replica, the primary ownership document must be specific to the frame or unibody.

(6) When the application for notation of a security interest is for a vehicle or camper manufactured in more than one stage, the primary ownership document(s) must cover each stage of manufacture.

(7) DMV may invalidate a primary ownership document as evidence of ownership if it determines:

(a) The document is fraudulent or contains false information; or

(b) The document does not show the most current ownership interest in the vehicle or camper.

(8) If, after a title has been issued, it is determined that the evidence of ownership is invalid under section (7) of this rule, DMV may cancel the vehicle title. Before a title is cancelled, DMV will send a notice of the proposed cancellation to the vehicle owner or lessee, security interest holder(s) and lessor (if applicable), as listed in DMV records. A cancellation becomes effective 10 days after the date the notice is deposited with the postal service, unless a hearing is requested within that 10-day period. If a timely hearing is requested, the cancellation will be contingent on the outcome of the hearing.

(9) A title cancellation under section (8) of this rule automatically invalidates the security interest(s) noted on that title. A new application for notation for perfection of security interest and valid evidence of ownership must be submitted to DMV before security interest in a vehicle can be perfected pursuant to ORS 803.097.

(10) DMV will not invalidate a primary ownership document as evidence of ownership based solely on missing title requirements (e.g., missing odometer information, and fees).

(11) A document considered by DMV to be a primary ownership document under section (3) of this rule constitutes proof of ownership for purposes of ORS 803.205.

(12) DMV has determined that a dismantler (wrecker) bill of sale provided for the purpose of transferring ownership on a vehicle or camper whose title has been surrendered to another jurisdiction is insufficient proof of ownership if the bill of sale is not on a controlled form issued by the other jurisdiction, contains information that is unverifiable, or does not contain language regarding the truth and accuracy of information contained on the form.

History

Statutory/Other Authority: ORS 184.619, 801.402, 802.010, 803.097
Statutes/Other Implemented: ORS 801.402, 803.097, 803.205
DMV 5-2020, amend filed 04/03/2020, effective 04/03/2020
DMV 19-2019, temporary amend filed 10/22/2019, effective 10/22/2019 through 04/17/2020
DMV 3-2014, f. & cert. ef. 5-19-14
DMV 2-2012, f. & cert. ef. 2-21-12
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 10-2002, f. & cert. ef. 6-24-02
MV 9-1993, f. 10-22-93, cert. ef. 11-4-93
MV 18-1988, f. & cert. ef. 6-1-88
MV 2-1988, f. & cert. ef. 1-7-88, Renumbered from 735-110-0510

Or. Admin. R. 735-020-0012 Application for Title by Possessory Lien Foreclosure

(1) This rule designates the forms and procedures to be used when evidence of a possessory lien foreclosure is submitted to DMV in support of an application for vehicle title.

(2) A lien claimant making application for title that is supported by evidence of a possessory lien foreclosure must submit the appropriate completed certification form as described below:

(a) For a landlord’s lien pursuant to ORS 87.162, a Certificate of Possessory Lien Foreclosure (DMV Form 735-518);

(b) For an abandoned vehicle pursuant to ORS 98.830, a Certificate of Possessory Lien Foreclosure (DMV Form 735-519);

(d) For property abandoned by a tenant pursuant to ORS 90.425, a Certificate of Possessory Lien Foreclosure (DMV Form 735-521);

(e) For a lien for towing a vehicle pursuant to ORS 819.160, a Certificate of Possessory Lien Foreclosure (DMV Form 735-6604); or

(f) For towing, care and storage charges of an unlawfully parked vehicle pursuant to ORS 98.812, a Certificate of Possessory Lien Foreclosure (DMV Form 735-6605).

(3) A certification form described under section (2) of this rule must be the version of the form in effect at the time the lien was foreclosed or the version in effect at the time the application for title is submitted to DMV.

(4) The lien claimant's signature constitutes a certification that the information in the Certificate of Possessory Lien Foreclosure is true and accurate and that the lien claimant complied with all applicable statutory requirements for the possessory lien foreclosure.

(5) A certification form submitted and completed as described under sections (2) and (3) of this rule constitutes proof of ownership for purposes of ORS 803.205.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.045, 803.094 & 803.097
Statutes/Other Implemented: ORS 87.152, 87.162, 87.166, 87.172, 87.176 — 87.206, 90.425, 90.675, 98.805, 98.812, 98.818, 98.830, 803.045, 803.094, 803.097, 803.205, 809.720, 811.555, 811.570, 819.110, 819.120, 819.160 & 819.230
DMV 21-2019, amend filed 10/22/2019, effective 11/01/2019
DMV 2-2019, minor correction filed 01/30/2019, effective 01/30/2019
DMV 23-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 2-2012, f. & cert. ef. 2-21-12
DMV 10-2002, f. & cert. ef. 6-24-02

Or. Admin. R. 735-020-0014 Possessory Lien - Surety Bond or Irrevocable Letter of Credit Required Under ORS 87.152

This rule specifies the process to submit to DMV the required documentation under ORS 87.152 concerning the issuance, continued coverage and cancellation of a surety bond or irrevocable letter of credit.

(1) A lien claimant required to submit a surety bond or irrevocable letter of credit in accordance with ORS 87.152(2)(b) must file an acceptable corporate surety bond (DMV form 735-522B) or an irrevocable letter of credit with DMV by:

(a) Mailing the completed and signed original Surety Bond form (DMV form 735-522B) or irrevocable letter of credit to DMV Business Regulation, 1905 Lana Ave NE, Salem, OR 97314; or

(b) Submitting in person at DMV Headquarters the completed and signed original Surety Bond form (DMV 735-522B) or irrevocable letter of credit.

(2) A corporate surety or financial institution, as appropriate, shall notify DMV in writing of any cancellation of the surety bond or irrevocable letter of credit by:

(a) Emailing a notice of cancellation to DMV at DMVINSERT@odot.state.or.us; or

(b) Mailing a notice of cancellation to DMV Business Licensing, 1905 Lana Ave NE, Salem, OR 97314;

(3) A person described in ORS 87.152(2)(b) must certify in writing to DMV each year that the surety bond or irrevocable letter of credit remains in effect. The person must submit the required certification by:

(a) Emailing a written statement to DMV at DMVINSERT@odot.state.or.us; or

(b) Mailing a written statement to DMV Business Licensing, 1905 Lana Ave NE, Salem, OR 97314 prior to the anniversary of the effective date of the surety bond or irrevocable letter of credit.

(4) If a person other than the person described in ORS 87.152(2)(b) obtains a recovery against the surety bond or irrevocable letter of credit, the person described in ORS 87.152(2)(b) must file with DMV not later than three business days after the date of recovery a new surety bond (DMV form 735-522B) or irrevocable letter of credit in the amount specified in ORS 87.152(2)(b). The person must submit a new surety bond (DMV form 735-522B) or irrevocable letter of credit by:

(a) mailing the new surety bond or irrevocable letter of credit to DMV Business Regulation, 1905 Lana Ave NE, Salem, OR 97314; or

(b) Submitting in person at DMV Headquarters the completed and signed original Surety Bond form (DMV 735-522B) or irrevocable letter of credit.

(5) DMV will not process an application for vehicle title with a possessory lien foreclosure form received as the vehicle ownership document if the required surety bond or irrevocable letter of credit is not on file with DMV.

History

Statutory/Other Authority: ORS 87.152, 184.619 & 802.010
Statutes/Other Implemented: ORS 87.152
DMV 24-2021, adopt filed 11/23/2021, effective 11/23/2021

Or. Admin. R. 735-020-0015 Transitional Ownership Document — Limited Ownership Document

(1) "Transitional ownership document" (TOD) as used in OAR 735-020-0010 through 735-020-0040, is a document that:

(a) Is only valid when in the possession of the Driver and Motor Vehicle Services Division (DMV) of the Department of Transportation, and so long as it has not been returned, rejected or invalidated by DMV;

(b) Is evidence of ownership and is an application for notation of a security interest, as used in ORS 803.097, and subsequently may be invalidated as such;

(d) Shall not by itself be evidence of a person's ownership or right to title.

(2) As used in this rule and ORS 803.136, 30 days or 90 days means calendar days excluding the actual date of sale or date the security agreement or contract was signed. If the last day of the 30 or 90-day period falls on a Saturday or legal holiday, including Sunday, the TOD will be accepted if received by DMV on the first business day following the Saturday or legal holiday.

(3) The date DMV receives a TOD shall be considered the date requirements for perfection of a security interest were met, unless DMV rejects, returns, or invalidates the TOD.

(4) A TOD must be submitted either on an original DMV Transitional Ownership Document form or on an exact copy of the DMV form that is legible and can be photocopied, microfilmed, electronically scanned or otherwise reproduced by DMV.

(5) A photocopy or facsimile of a TOD may be submitted if it is legible and can be photocopied, microfilmed, electronically scanned or otherwise reproduced by DMV equipment.

(6) The vehicle identification number (VIN) required to be on a TOD must be the same VIN listed on the primary ownership document, unless it has been determined by DMV that the vehicle will be titled using a different VIN.

(7) On the TOD form, any change to the information regarding date of sale/date security agreement or contract signed, the name of each owner of the vehicle, the name and address of each security interest holder and their priority of interest if not holding jointly, the VIN and the name of the person submitting the form for the security interest holder, must be either initialed by the person submitting the form; or explained in a letter signed by the person submitting the form. This is not a requirement for correction of a misspelled name or misspelled address, or correction of a non-sequential portion of the VIN.

(8) No additions, deletions or corrections to the TOD will be accepted after DMV has marked the TOD as received.

(9) If the security interest holder, or person who originally submitted the TOD, wants to change the information on a TOD after DMV has marked the TOD as received, that person may submit a new TOD reflecting the change. If they do this:

(a) The previously submitted TOD shall be invalidated;

(b) The date the subsequent TOD is received, unless that document is also subsequently invalidated, shall be used for determining when requirements for perfection have been met; and

(c) The security interest holder or person who submitted the original TOD must submit a notice withdrawing the TOD, as provided in OAR 735-020-0030.

(10) If a TOD is invalidated, that same form may not be used as a TOD to make a subsequent application for perfection of a security interest.

(11) If DMV is in possession of the primary ownership document the requirement that the primary ownership document be submitted within 90 days from the date of sale, or if no sale, within 90 days of the date the security agreement or contract is signed, shall not be considered to have been met unless:

(a) DMV is provided with information sufficient to locate the primary ownership document; and

(b) DMV is able to connect the TOD and primary ownership document before DMV issues title for the vehicle.

(12) An invalidated TOD shall not be acceptable as either evidence of ownership or application for notation of a security interest.

History

Statutory/Other Authority: ORS 184.616, 184.619, 801.402, 802.010, 803.097 & Ch. 261 & OL 2005
Statutes/Other Implemented: ORS 801.402 & 803.097
DMV 19-2005, f. 9-19-05, cert. ef. 10-17-05
DMV 5-2000, f. & cert. ef. 8-10-00
DMV 11-1996, f. & cert. ef. 12-20-96
MV 9-1993, f. 10-22-93, cert. ef. 11-4-93
MV 20-1989, f. & cert. ef. 10-3-89
MV 18-1988, f. & cert. ef. 6-1-88

Or. Admin. R. 735-020-0020 Perfection of a Security Interest — Application for Notation of a Security Interest

(1) An application for notation of security interest for purposes of perfection of a security interest in a vehicle, hereafter referred to as an “application for security interest" is:

(a) A completed and signed DMV application for Oregon title submitted to DMV;

(b) A letter, a memo, or other written form; or

(c) A transitional ownership document (TOD) submitted to DMV as provided in ORS 801.562, OAR 735-020-0015, and 735-020-0040 through 735-020-0045.

(2) An application for security interest must include the following:

(a) If submitted on an application for Oregon title as described in subsection (1)(a) of this rule:

(A) The name of each owner of the vehicle;

(B) The name and address of the security interest holder; and

(b) If the application for security interest is a TOD as described in subsection (1)(c) of this rule, the TOD must comply with all applicable provisions of ORS 801.562, OAR 735-020-0015, 735-020-0040 and 735-020-0045.

(3) If the application for security interest is submitted on an application for Oregon title, the application must be accompanied by a primary ownership document unless DMV is in possession of the primary ownership document or the primary ownership document will be submitted separately, and the applicant provides the following information:

(a) A description of the vehicle, including VIN number, sufficient to connect the application for security interest and the primary ownership document;

(b) A statement that the primary ownership document is in the possession of DMV or will be submitted to DMV separate from the application for security interest;

(d) If DMV has possession of the primary ownership document, the DMV office where it was submitted. If the primary ownership document will be submitted at a later date, it must be mailed to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR 97314 or submitted to an EVR integrator.

(4) If an application for security interest is a TOD, the provisions of ORS 801.562, OAR 735-020-0015, 735-020-0030, and 735-020-0040 through 735-020-0045 will determine when and if security interest is perfected.

(5) When the notation application is in any form other than a TOD, the date DMV or an EVR integrator has both an application for security interest that meets the requirements of this rule and the primary ownership document will determine when all requirements for perfection have been met:

(a) Except as provided in subsection (c) of this section, when the application for security interest and primary ownership document are submitted separately, the date when both the application and the primary ownership document are in the possession of DMV or the EVR integrator will determine the date the application for security interest is first received;

(b) When an application for security interest is accepted by an agent of DMV, the date the application is first received will be the date DMV or an EVR integrator and not the agent, receives both the application and primary ownership document; and

(c) If the application for security interest does not contain the information required under subsection (2)(a) of this rule, or if the application or primary ownership document is returned to the applicant or agent by DMV or an EVR integrator, the date marked on the application or entered in the DMV vehicle record as the date it was first received, is not the date of perfection of the security interest. The DMV vehicle record will indicate the date when all requirements for notation of a security interest are again received by DMV or an EVR integrator.

(6) For purposes of perfecting a security interest in a vehicle, when DMV or an EVR integrator first receives an application for security interest as set forth in section (5) of this rule:

(a) The date will be marked on the application for security interest; or

(b) DMV will indicate in the vehicle record the date the application for security interest was first received by DMV.

(7) DMV will only change a date described under section (5) of this rule if DMV determines the date marked on the application or recorded in the DMV vehicle record does not accurately reflect the date the application for security interest was first received by DMV or the EVR integrator.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.600 & 803.097
Statutes/Other Implemented: ORS 801.402, 801.465, 801.562, 802.600, 803.097 & 803.130 - 803.138
DMV 6-2004, f. & cert. ef. 5-24-04
MV 9-1993, f. 10-22-93, cert. ef. 11-4-93
MV 20-1989, f. & cert. ef. 10-3-89
MV 18-1988, f. & cert. ef. 6-1-88
MV 2-1988, f. & cert. ef. 1-7-88, Renumbered from 735-110-0520

Or. Admin. R. 735-020-0030 Perfection of a Security Interest — Withdrawal of Transitional Ownership Document Required

(1) If an application for title, along with the primary ownership document, will be submitted to Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) within 90 days of the date of the vehicle’s sale or the signing of a security agreement or contract, the security interest holder or person who submitted the TOD to DMV must immediately submit a notice withdrawing the TOD when:

(a) Submitting a subsequent TOD for the vehicle, as provided in OAR 735-020-0015; or

(b) The security interest holder’s security interest in the vehicle is released before the vehicle title is issued.

(2) The notice withdrawing the TOD must be in writing and contain the following:

(a) A statement requesting that the TOD previously submitted be withdrawn;

(b) The name and signature of the security interest holder or the person who submitted the TOD on behalf of the security interest holder; and

(A) The vehicle identification number;

(B) The name of each registered owner; and

History

Statutory/Other Authority: ORS 184.616, 184.619, 803.092, 803.094, 803.097 & 803.136
Statutes/Other Implemented: ORS 803.130 - 803.138
DMV 5-2000, f. & cert. ef. 8-10-00
MV 10-1989, f. & cert. ef. 10-3-89
MV 18-1988, f. & cert. ef. 6-1-88

Or. Admin. R. 735-020-0040 Transitional Ownership Document Fees - Submission of Fees and Establishment of Account

(1) In accordance with ORS 803.130 through ORS 803.138, a person may submit to DMV transitional ownership documents (TOD) to enable security interests to be perfected in a timely manner.

(2) An applicant for a TOD must submit a Transitional Ownership Document (TOD) form (DMV form 735-227) and the fee required in ORS 803.134. DMV will reject, return or otherwise invalidate an application that does not include the necessary fee.

(3) If DMV receives a single payment (such as one check or money order) to cover multiple transactions and there are insufficient moneys in the payment to cover all transactions, DMV will apply the moneys under the following rules:

(a) DMV will apply the moneys in the payment to any TODs submitted with that payment, before applying any of the moneys to other types of transactions submitted with the payment.

(b) DMV will process the TODs in the normal order of business, with no preference given to applying moneys to any particular TOD.

(c) If there are insufficient moneys for all TODs submitted, DMV will reject, return or otherwise invalidate all TODs that were not fully paid for by the moneys submitted.

(4) DMV will retain any fees received to process a TOD, regardless of whether the TOD is subsequently rejected, returned or otherwise invalidated.

(5) A person may establish a TOD Filing Fee Account from which to make TOD application payments. To establish a TOD Filing Fee Account the person shall:

(a) Submit a completed Application for Transitional Ownership Document (TOD) Filing Fee Account (DMV form 735-6950); and

(b) Pay a $70 non-refundable fee to cover the cost of processing the account application.

(6) If an applicant for a TOD Filing Fee Account is a dealer of new or used motor vehicles, the applicant must be certified as a vehicle dealer by DMV under ORS Chapter 822 before DMV will establish a TOD Filing Fee Account for the applicant. DMV may require proof of certification before establishing a TOD Filing Fee Account.

(7) Notwithstanding section (2) of this rule, a TOD Filing Fee Account holder may submit a TOD transaction without an accompanying payment provided that the account holder reports its TOD Filing Fee Account number on the Transitional Ownership Document (TOD) form (DMV form 735-227). In that case, the TOD Filing Fee Account holder may submit its Transitional Ownership Document (TOD) form (DMV form 735-227) by facsimile.

(8) DMV will change the status of a TOD Filing Fee Account to delinquent if any invoice has not been paid within 30 days of the date of invoice. DMV will reject any TOD application Transitional Ownership Document (TOD) form (DMV form 735-227) from a TOD Filing Fee Account that is delinquent.

(9) A TOD Filing Fee Account is no longer delinquent once the account holder pays the full balance owed. DMV will re-activate the account once the full the account balance payment is processed.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 803.134
Statutes/Other Implemented: ORS 803.130 - 803.138
DMV 5-2019, amend filed 02/21/2019, effective 02/21/2019
MV 20-1989, f. & cert. ef. 10-3-89

Or. Admin. R. 735-020-0045 Form of Titles and Ownership Records

Notwithstanding provisions of law that allow for titles in a form other than a certificate of title, except as otherwise provided by rule:

(1) All Oregon titles and salvage titles shall be issued in the form of a certificate of title.

(2) Primary ownership record, as defined in ORS 801.402, shall be in the form of a document as provided in OAR 735-020-0010 through 735-020-0030.

(3) Transitional ownership record, as defined in ORS 801.562, shall be in the form of a document as provided in OAR 735-020-0015 through 735-020-0040.

History

Statutory/Other Authority: ORS 184.616, 801.402, 801.562 & Ch. 233 & OL 1993
Statutes/Other Implemented: ORS 803.012
MV 9-1993, f. 10-22-93, cert. ef. 11-4-93

Or. Admin. R. 735-020-0050 General Provisions Relating to Late Title Presentation Fees

All of the following apply to late title presentation fees as provided in ORS 803.105, and as used in OAR 735-020-0050 through 735-020-0060:

(1) Late title presentation fees shall not apply to persons who are not residents of this state, and who normally would not be subject to Oregon title transfer requirements, but who need to apply for an Oregon title before they can apply for title in the state in which they reside. For example where:

(a) A duplicate and transfer of an Oregon title must be obtained before the owner can apply for title in their home state; or

(b) Vehicle ownership has been acquired through transfer by operation of law in Oregon, (e.g. sheriff sale on abandoned vehicle) and the owner must obtain an Oregon title before title can be obtained in the owner’s home state.

(2) “Vehicle documents” required to be delivered or presented to DMV to avoid payment of late title presentation fees mean — The current certificate of title, manufacturer’s certificate of origin (MCO) or equivalent MCO, or other documents determined by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) to be primary ownership documents as established in OAR 735-020-0010.

(3) The term “sale” means any transfer of the ownership interest in a vehicle from one owner to another for a consideration of value.

(4) Except as otherwise provided in this section, DMV shall consider a sale of a vehicle to have occurred any time there is a change in the owner as reflected on an Oregon title or title record. The term owner shall be as is defined in ORS 801.375. DMV shall not consider a sale to have occurred when:

(a) At least one of the owners reflected on the title is to remain on the new title as an owner;

(b) The transfer involves a change in the lessee where the lessor is remaining the same or where the lessor is to be shown as the owner on the new title;

(c) The transfer involves the repossession of the vehicle by the security interest holder, and the security interest holder is to be shown as the owner on the new title;

(d) The transfer in ownership is changing due to a court order where the court actually awards ownership of the vehicle;

(e) The transfer involves an inheritance where the person who is to be shown as the owner on the new title inherited the vehicle; or

(f) Any other transfer has occurred where DMV is provided with satisfactory documentation that the person to be shown as owner on the new title did not acquire their interest through the sale of the vehicle.

(5) All of the following apply to sale dates:

(a) DMV shall consider a release date or reassignment date on vehicle documents delivered or presented to DMV to be the sale date unless documentation satisfactory to DMV is presented; and

(b) Where there are conflicting release or assignment dates, no dates, or where the applicant indicates the date(s) shown does not reflect the actual date of sale, DMV may require additional documentation. Such documentation may include:

(A) Bills of sale, invoices or other documents that contain a sufficient description of the vehicle for DMV to identify it, and which reflect the date of sale;

(B) Written verification from the seller as to the date of sale; or

(6) For purposes of computing time periods for late title presentation fees, the following shall apply:

(a) The first day (e.g., date of sale) shall be excluded;

(b) The last day (e.g., 30th or 60th day) shall be included; and

(c) If the last day falls on a Saturday, Sunday, or legal holiday observed by DMV, the last day shall be considered to be the next day DMV headquarters office is open for business.

History

Statutory/Other Authority: ORS 802.010, 803.105 & Ch. 148 & 452 & OL 1989
Statutes/Other Implemented: ORS 803.105
MV 21-1989, f. & cert. ef. 10-3-89

Or. Admin. R. 735-020-0060 Delivery of Vehicle Documents, Good Faith Effort and Circumstances Beyond Person’s Control

(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall consider vehicle documents (primary ownership documents) delivered to DMV on the date the vehicle documents along with all title application requirements and fees are:

(a) Presented in person at a DMV office; or

(b) Mailed to DMV as evidenced by the postmark date:

(A) If there is more than one postmark date, the earliest date shall be used; and

(B) If there is no postmark date, or if it is not legible, the date received shall be determined as two days before the application was delivered to DMV.

(2) DMV shall consider a person to have made a “good faith effort” to deliver the primary ownership document to DMV within 30 days of sale, if the applicant:

(a) Presents the primary ownership document to DMV within 30 days of sale, whether or not all requirements for title are present;

(b) Submits application for title within 30 days of sale to a designated dealer from whom they purchased the vehicle; or

(c) Complies with subsection (a) or (b) of this section within 30 days from the day it is within their control to do so. This subsection only applies when failure to submit vehicle documents is due to circumstances beyond the person’s control as established in section (3) of this rule.

(3) DMV shall consider failure to deliver documents to be beyond the control of the applicant only when:

(a) The person did not have possession of the primary ownership document;

(b) The person became physically or mentally incapacitated following the purchase of the vehicle, directly preventing or making it impractical for the person to meet requirements for delivery of docu-ments; or

(c) The person delivered the documents or made a good faith effort to deliver documents within 30 days of the date it first became within their control to do so.

(4) Examples of situations DMV shall consider to be beyond a person’s control include but shall not be limited to where:

(a) An applicant is involved in an automobile accident immediately following the purchase of the vehicle resulting in an extended hospital stay;

(b) An applicant suffers from a debilitating illness, condition or occurrence that prevents them from conducting business for an extended time period following vehicle purchase; or

(5) Examples of situations DMV would not consider to be beyond a person’s control include but shall not be limited to situations where the:

(a) Applicant purchases a vehicle from a certified dealer and the dealer provides the primary ownership document to the purchaser within 25 days of the sale;

(b) Applicant purchases a vehicle from someone other than a certified dealer, and:

(A) The seller provides the applicant with the primary ownership document within 25 days of the sale;

(B) The seller fails to provide the applicant with the primary ownership document, but the delay was due to action or inaction on the part of the applicant, such as failure to make payment or to arrange for financing; or

(c) Applicant sustained minor injury, or incurred a short-term hospital stay which did not directly affect their ability to conduct business or to otherwise comply with requirements for delivery of documents; or

(d) Applicant met requirements of subsections (3)(a) and (b) of this rule but failed to comply with section (3)(c) of this rule.

(6) An applicant who meets the requirements of subsections (3)(a) and (b) of this rule, but fails to comply with subsection (3)(c) of this rule shall become subject to the requirements for delivery of vehicle documents from the date it first becomes within their control to deliver the primary ownership document or to make a good faith effort. If they fail to deliver the primary ownership document or make a good faith effort:

(a) Within 30 days from that date they shall be subject to the $25 fee; and

(b) Within 60 days from that date, they shall be subject to the $50 fee.

(7) Should DMV decide to return or reject primary ownership documents delivered under section (2) of this rule, or which have subsequently been submitted to DMV by a dealer, this shall not void the good faith effort:

(a) DMV shall mark the primary ownership documents to indicate the date they were presented to DMV; and

(b) Upon subsequent application for title, it shall be the applicant’s responsibility to provide the dated documents as proof of the good faith effort. If they fail to do so, and there is no other evidence that a good faith effort was made, any applicable late presentation fees shall be due.

History

Statutory/Other Authority: ORS 802.010, 803.105 & Ch. 148 & 452 & OL 1989
Statutes/Other Implemented: ORS 803.105
MV 21-1989, f. & cert. ef. 10-3-89

Or. Admin. R. 735-020-0070 Junk Titles

(1) Prior to issuance of an Oregon title or salvage title, DMV makes an electronic record inquiry of the National Motor Vehicle Title Information System (NMVTIS), as defined in OAR 735-024-0030.

(2) DMV may not issue an Oregon title or salvage title for a vehicle if the vehicle has a junk status or similar brand, disposition or notation as described in section (3) of this rule, as indicated:

(a) In the vehicle record within NMVTIS, as updated by a jurisdiction or other entity that is required to report to NMVTIS under 28 CFR Part 25.

(b) On the current title, certificate, or ownership document.

(3) A junk or similar brand, disposition or notation is a word, term, brand or notation that includes, but is not limited to, any of the following:

(a) Destroyed;

(b) Dismantled or Dismantler only;

(d) Junk;

(e) Non-rebuildable;

(f) Non-repairable;

(g) Parts only;

(h) Scrap

(i) Crushed; or

(j) Wreck or Wrecker only.

(4) Section (3) of this rule does not include the word, term, brand or notation of “salvage.”

(5) A designation as described in section (2)(a) of this rule is based solely on a determination made by a jurisdiction or other entity required to report to NMVTIS under 28 CFR Part 25, as indicated in NMVTIS.

(6) A designation as described in section (2)(b) of this rule is based solely on a determination made by another jurisdiction, as reflected on the current title or other ownership document issued by that jurisdiction.

(7) Notwithstanding section (2) of this rule, DMV may issue a branded title for a vehicle if a reporting entity has initially marked the NMVTIS vehicle record as “scrap,” “parts only,” or “crushed” in the Junk and Salvage Information (JSI) section, but later the same reporting entity updates the vehicle status to “sold.”

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.045 & 803.140
Statutes/Other Implemented: ORS 803.045, 803.140, 28 CFR Part 25 & 49 U.S.C. § 30502
DMV 6-2025, amend filed 05/08/2025, effective 05/08/2025
DMV 26-2020, amend filed 07/27/2020, effective 08/01/2020
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
DMV 7-2004, f. & cert. ef. 5-24-04
DMV 31-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04

Or. Admin. R. 735-020-0075 Release or Assignment of Interest; Oregon Title or Salvage Title

Authority and Purpose. This rule specifies the requirements for the release or assignment of interest shown on an Oregon-titled vehicle as required by ORS 803.094.

(1) Definitions. For purposes of ORS 803.094 and this rule:

(a) “Affiant” means the person who signs a simple estate affidavit filed under ORS 114.515;

(b) “Assign,” “assignment” or “assignment of interest” means the act of a lien holder, owner, or security interest holder transferring his or her interest in a vehicle to another person by signing the release section on an Oregon title, a secure odometer form, a bill of sale, or other document showing the transfer of the interest;

(c) “Authorized agent” means a person given a power of attorney by the owner of a vehicle for the purposes of transferring an interest in the vehicle;

(d) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation;

(e) “Estate” means the real and personal property of a decedent;

(f) “Heir” means the person who is entitled under intestate succession to the property of a decedent who died wholly or partially intestate (without a will);

(g) “Interest” means a right, claim or legal share in a vehicle shown on an Oregon title, or other ownership document described in subsection (k) of this section;

(h) “Interest holder” means a lien holder, owner, or security interest holder;

(i) “MCO” means either a:

(A) Manufacturer’s Certificate of Origin; or

(B) Manufacturer’s Statement of Origin;

(j) “Operation of law” means a transfer or assignment of interest in a vehicle from one person to another person due to death, divorce, merger, consolidation, dissolution, bankruptcy, inheritance, devise or bequest, court order, dissolution decree, insolvency, seizure or foreclosure;

(k) “Other ownership document” means a primary ownership document as described in OAR 735-020-0010. For example, MCO, a sheriff’s bill of sale, a court judgment or a completed signed Certification of Ownership Facts (DMV Form 735-550);

(l) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or a legal or commercial entity;

(m) “Release” or “release of interest” means the act of a lien holder, owner, or security interest holder transferring an interest in a vehicle by signing the release section on an Oregon title, a secure odometer form, a bill of sale, or other document showing the transfer of the interest. For purposes of these rules, transferring includes release, termination, assignment or transfer of an interest;

(n) “Representative,” “authorized agency representative” or “personal representative” means a personal representing agent, government official, receiver, trustee, executor, administrator, or other representative with lawful right or authority to transfer an interest in a vehicle on behalf of the owner or by operation of law;

(o) “Title” means an Oregon certificate of title, Oregon salvage title, other ownership document or electronic equivalent issued by DMV, as evidence of ownership interest in a vehicle recorded in DMV’s records;

(p) “Transferee” means a person to whom an interest in a vehicle is transferred, including but not limited to a purchaser of the vehicle;

(q) “Transferor” means any person who transfers an interest in a vehicle.

(r) “VIN” means vehicle identification number.

(2) General Requirements. Except as provided in section (6) of this rule, upon transferring an interest in an Oregon-titled vehicle, any person whose interest is released, terminated, assigned or transferred, or the person’s representative, must release or assign that interest in writing. A release or assignment document must be an original or certified copy, unless a copy is permitted under section (8) of this rule, and include the following:

(a) For the vehicle subject to the transfer, the VIN or title number or license plate number if DMV can verify the title or license plate number matches the vehicle;

(b) The full name and signature of the transferor(s), or the transferor’s representative;

(d) A statement or other indicator in the document that the vehicle was sold, ownership was transferred or released, or any interest, including a lien or security interest, was assigned, released, terminated or transferred.

(3) Although not required, a release or assignment document should include the name of the transferee.

(4) DMV will accept the following as a release or assignment document:

(a) The current title issued for the vehicle with the release/assignment section completed by the transferor(s) or the transferor(s) authorized agent;

(b) The vehicle’s MCO with the release section completed by the dealer.

(d) A bill of sale or other document that meets the requirements of section (2) of this rule.

(5) Additional Requirements. In addition to the requirements of section (2) of this rule, a release or assignment of interest for a vehicle with a salvage title must comply with OAR 735-024-0170.

(6) Operation of Law. In addition to other applicable requirements of this rule, if an interest in a vehicle is transferred by operation of law as described in this section, a representative, an authorized agency representative, personal representative, heir, affiant, security interest holder, or lien claimant must release or assign the interest in the vehicle as follows:

(a) Transfer of Interest upon Death. The personal representative of an estate must sign the original release or assignment document unless DMV receives:

(A) If the owner of the vehicle died intestate, an Inheritance Affidavit (DMV Form 735-516) signed by all of the heirs; or

(B) An original Simple Estate Certification (DMV Form 735-6797) signed by the affiant;

(b) Vehicle Repossession. The security interest holder or representative of the security interest holder must sign an original Vehicle Repossession Certificate (DMV Form 735-263).

(c) Possessory Lien Foreclosure. A lien claimant must fulfill all legal requirements to foreclose a possessory lien on the vehicle and sign an original certificate of possessory lien foreclosure form as specified in OAR 735-020-0012.

(d) Government Agency. A government agency may transfer interest in a vehicle in its custody, if it complies with relevant legal requirements and, at the time of transfer, provides the transferee an original certificate of sale, bill of sale or similar document that contains:

(A) A citation of the legal authority authorizing the government agency to transfer or assign interest in the vehicle;

(B) The make, model, year and VIN of the vehicle subject to the transfer; and

(7) A person who assigns or releases a partial interest in a vehicle but will remain on the vehicle title as an owner, does not need to complete an assignment or release document. However, the person must acknowledge that the addition of a new owner on the title is authorized by signing:

(a) A title application that lists the additional owner; or

(b) A document that identifies and permits the addition of the additional owner on the title.

(8) DMV may accept a copy of a document described in section (2) of this rule, when DMV is satisfied the person seeking the transfer has made all reasonable efforts to obtain a release of interest and the interests of all parties to the transfer are protected. Before DMV may accept a copy of a document described in section (2) of this rule, DMV will:

(a) Check if the vehicle is listed as stolen;

(b) Review any evidence that an interested party is contesting ownership; and

(c) Review any information provided by the person, or required by the department, concerning the missing original document.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 803.094
Statutes/Other Implemented: ORS 803.015 & 803.094
DMV 26-2026, amend filed 08/13/2026, effective 09/01/2026
DMV 34-2024, minor correction filed 12/05/2024, effective 12/05/2024
DMV 20-2023, amend filed 09/19/2023, effective 09/19/2023
DMV 11-2007, f. & cert. ef. 11-30-07

Or. Admin. R. 735-020-0080 Notice of Transfer of Interest in a Vehicle

(1) This rule specifies the requirements for a notice of transfer of interest in a vehicle covered by an Oregon title, under ORS 803.112 and 803.117, and when DMV will provide a receipt that the notice has been submitted.

(2) Notice submitted under ORS 803.112 and 803.117 must contain the following information:

(a) The vehicle identification number (VIN);

(b) The full name of the person who transferred an interest in the vehicle (seller/transferor); and

(3) Notice meeting the requirements of section (2) of this rule must be submitted to DMV:

(a) In writing, and includes a Notice of Sale or Transfer of a Vehicle form (DMV Form 6890), a completed seller notice on the back of the vehicle's registration card or any other written document that contains the required information. Written notice may be delivered to any DMV office or mailed to DMV Headquarters; or

(b) Electronically, through DMV's website, as set forth in OAR 735-018-0120.

(4) At DMV's discretion, notice meeting the requirements of section (2) of this rule may be faxed, submitted by telephone, or provided verbally in a DMV office.

(5) For purposes of ORS 803.112, notice meeting the requirements of sections (2) and (3) of this rule must be submitted within 10 days of the date of a transfer of interest in the vehicle.

(6) DMV will provide a receipt showing a notice as described in sections (2) and (3) of this rule has been submitted to DMV:

(a) At the request of a person who submits the notice in-person at a DMV field office; or

(b) Electronically, if the notice is submitted as set forth in OAR 735-018-0120 and the electronic submission is successfully completed.

(7) DMV will not provide a receipt showing a notice as described in sections (2) and (3) of this rule has been submitted to DMV, if the notice is mailed or faxed to DMV or submitted to DMV by telephone.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.112, 803.113 & 803.117
Statutes/Other Implemented: ORS 803.112, 803.113 & 803.117
DMV 10-2019, amend filed 03/21/2019, effective 03/21/2019
DMV 21-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 12-2004, f. & cert. ef. 6-24-04
DMV 27-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04

Or. Admin. R. 735-020-0090 Recreational Vehicle Conversion

(1) In accordance with Oregon Laws 2019, chapter 585, section 4, DMV will cancel the title and, if applicable, the registration of a recreational vehicle that is being converted to use as a structure when the registered owner:

(a) Provides a certification to DMV that the vehicle is being converted into a structure;

(b) Surrenders the current certificate of title; and

(2) If the registered owner is unable to surrender the certificate of title, registration card or the registration plates as required under section (1) of this rule because the certificate of title, registration card or registration plates are lost or stolen, the registered owner may provide a signed statement stating the reason why they are unable to surrender the certificate of title, registration card or plates.

(3) A person who is not the registered owner of a recreational vehicle as listed in DMV records may surrender the title and registration for cancellation in accordance with Oregon Laws 2019, chapter 585, section 4 when the person:

(a) Provides proof satisfactory to DMV that the person is the owner of the recreational vehicle. Proof DMV may consider includes a valid certificate of title with a release of interest shown on the Oregon title, a bill of sale or other ownership document as described in OAR 735-022-0000;

(b) Provides a certification to DMV that the vehicle is being converted into a structure;

(d) If applicable, surrenders the registration card and registration plates.

(4) If the person is unable to surrender the certificate of title, registration card or the registration plates as required under section (3) of this rule because the certificate of title, registration card or registration plates are lost or stolen, the person may provide a signed statement stating the reason why they are unable to surrender the certificate of title, registration card or plates.

(5) If DMV is notified that a recreational vehicle has been converted to use as a structure, as defined in Oregon Laws 2019, chapter 585, section 4, and the registered owner has not surrendered the title and registration to DMV for cancellation, DMV will send a letter to the registered owner that requires the registered owner to submit a statement that the vehicle has not been converted to use as a structure, or surrender the title and any registration issued to DMV for cancellation within 30 days from the date of the letter.

(6) DMV will send the registered owner a notice of cancellation in accordance with ORS 809.090, if the registered owner does not submit a statement that the vehicle has not been converted to use as a structure, or surrender the title and any registration issued to DMV for cancellation within the 30 days provided under section (5) of this rule.

History

Statutory/Other Authority: ORS 184.619, 802.010 & Oregon Laws 2019, Chapter 585
Statutes/Other Implemented: Oregon Laws 2019, Chapter 585
DMV 28-2019, adopt filed 12/17/2019, effective 01/01/2020

Division 22 TITLE ISSUANCE

Or. Admin. R. 735-022-0000 Evidence of Ownership to a Vehicle

(1) DMV has established the following as evidence of ownership of a vehicle:

(a) A manufacturer’s certificate of origin (MCO) as defined in OAR 735-022-0030.

(b) A vehicle title or bill of sale from the owner(s) of record.

(d) A transfer by operation of law including a judgment awarding ownership interest in a vehicle, an estate settlement document or inheritance affidavit (DMV Form 516), or a Vehicle Repossession Certificate (DMV Form 263).

(e) For a reconstructed or assembled vehicle, a bill of sale to the frame or unibody, whichever is applicable.

(2) DMV will not issue title for a manufactured trailer without a bill of sale for the axle or trailer frame.

(3) Nothing in this rule limits DMV’s discretion to request or consider other information to establish evidence of ownership of a vehicle.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.045, 803.050 & 821.060
Statutes/Other Implemented: ORS 803.045 & 803.050
DMV 3-2014, f. & cert. ef. 5-19-14
DMV 16-2006, f. & cert. ef. 11-17-06
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
MV 3-1993, f. & cert. ef. 4-16-93
MV 7-1980, f. & ef. 5-27-80, Renumbered from 735-071-0071

Or. Admin. R. 735-022-0030 Manufacturer’s Certificate of Origin (MCO) Definitions

The following definitions apply to OAR 735-022-0000 through 735-022-0060:

(1) “Manufacturer’s certificate of origin” (MCO), “manufacturer’s statement of origin” (MSO), or a “certificate of origin” means a transitional ownership document issued by a manufacturer to a specific vehicle, or if a multi-stage vehicle, to a specific component of the vehicle and includes a “manufacturer’s statement of origin” (MSO), a certificate of origin or similar term. An MCO is used to convey ownership from the manufacturer to a franchised dealer or distributor and from the franchised dealer or distributor to a purchaser.

(2) “Glider kit” means:

(a) A kit consisting of a new truck cab or cab and hood assembly, including a front axle assembly and frame rails, with or without an engine, transmission and rear axle, manufactured and sold with an MCO, that has been used to replace damaged or worn components of an existing heavy truck or tractor; or

(b) A heavy truck or tractor assembled using a kit consisting of all new component parts, including engine, transmission and rear axle, manufactured and sold with an MCO, and assembled by a person other than the manufacturer of the components.

(3) Heavy truck or tractor” means a truck or tractor with a gross vehicle weight rating of more than 16,000 pounds.

(4) “Manufacturer” means a person in the business of manufacturing or assembling new vehicles.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.045 & 803.050
Statutes/Other Implemented: ORS 803.045
DMV 3-2014, f. & cert. ef. 5-19-14
DMV 16-2006, f. & cert. ef. 11-17-06
MV 6-1987, f. & ef. 6-17-87, Renumbered from 735-090-0500

Or. Admin. R. 735-022-0040 Manufacturer’s Certificate of Origin (MCO) Form and Content

(1) An MCO must be issued by the vehicle’s manufacturer or the manufacturer’s authorized representative and must include the following:

(a) The name of the manufacturer;

(b) The vehicle year model, make and VIN;

(d) The signature of the manufacturer.

(2) In addition to the requirements described in section (1) of this rule, an MCO issued for a vehicle manufactured in multiple stages, for example, a vehicle manufactured as a kit or glider kit, must include assignments of interest for each stage of manufacture. In addition, the MCO must:

(a) Contain the vehicle year model, if the MCO is from the final stage manufacturer; or

(b) Indicate the vehicle is incomplete and identify what portion of the vehicle is covered by the MCO.

(3) An MCO issued for a glider kit must identify that the MCO is for a kit or glider kit and contain at least the following:

(a) The name of the glider kit manufacturer;

(b) The glider kit year model, make and VIN; and

(4) If the MCO does not contain the required information, DMV may:

(a) Require further documentation;

(b) Refuse to issue title; or

History

Statutory/Other Authority: ORS 802.010, 803.045 & 803.050
Statutes/Other Implemented: ORS 803.045
DMV 16-2006, f. & cert. ef. 11-17-06
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
MV 6-1987, f. & ef. 6-17-87, Renumbered from 735-090-0510

Or. Admin. R. 735-022-0050 When Manufacturer’s Certificate of Origin (MCO) Is Required

(1) A MCO must be submitted with an application for title for a vehicle built by a manufacturer or a reconstructed heavy truck or tractor built using a glider kit.

(2) For vehicles built in stages by two or more manufacturers, an MCO is required from each manufacturer for the portion of the vehicle manufactured.

(3) For reconstructed heavy trucks or tractors rebuilt using a glider kit, the MCO provided must be for the glider kit.

(4) An MCO is not required if the manufactured vehicle or reconstructed vehicle has been titled or registered in any jurisdiction.

(5) DMV may require or accept an MCO in other situations. Example: When a person (other than a manufacturer) builds a vehicle and an MCO is issued for some or all of the major component parts (i.e., frame, chassis, motor).

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.045 & 803.050
Statutes/Other Implemented: ORS 803.045
DMV 3-2014, f. & cert. ef. 5-19-14
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
MV 6-1987, f. & ef. 6-17-87, Renumbered from 735-090-0520

Or. Admin. R. 735-022-0060 Documents Equivalent to Manufacturer’s Certificate of Origin (MCO)

(1) DMV may accept other documents in place of an MCO if:

(a) The original MCO has been lost or destroyed;

(b) The vehicle was not manufactured for sale in the U.S. and an MCO was never issued;

(c) The vehicle was manufactured in multiple stages and an MCO was not issued for the first stage, or if any part of the vehicle has already been titled or registered;

(d) The manufacturer did not issue an MCO; or

(e) A vehicle rental business with a valid Oregon dealer certificate issued under ORS 822.020:

(A) Participates in the Electronic Vehicle Registration (EVR) Program; and

(B) Completes the vehicle transaction with an EVR Program integrator prior to receiving an MCO from the manufacturer.

(2) Documents that may be accepted under this rule must include evidence of releases of interest forming a complete chain of ownership from the current applicant back to the point of manufacture. If any part of the vehicle has been titled or registered, the chain of ownership for that part of the vehicle must go back to the last owner of record.

(3) Examples of documents DMV may consider under this rule include:

(a) If the MCO is lost or destroyed, a copy of the manufacturer’s invoice to the dealer. The invoice must be signed by the owner or office manager of the dealership and provide information as to the disposition of the original MCO; or

(b) A letter from the manufacturer indicating to whom the interest of the vehicle was assigned with connecting bills of sale from subsequent purchasers.

(c) A New Vehicle Report of Sale when a vehicle rental business described in this rule has not received the MCO at the time the business completes the title and registration transaction using an EVR Program integrator. DMV must receive the New Vehicle Report of Sale from the EVR Program integrator in accordance with terms of DMV’s contract with the integrator. The vehicle rental business must destroy the original MCO, if it is received for a vehicle after a New Vehicle Report of Sale has been submitted to title that vehicle.

(4) DMV may withhold issuance of title even if equivalent documents are provided if it has reason to believe the MCO is available or that it may be in the possession of a third party.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.045 & 803.050
Statutes/Other Implemented: ORS 801.402
DMV 13-2017, f. & cert. ef. 8-23-17
DMV 3-2014, f. & cert. ef. 5-19-14
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
MV 6-1987, f. & ef. 6-17-87, Renumbered from 735-090-0530

Or. Admin. R. 735-022-0065 Vehicle Dealer Expedited Title Services

This rule establishes the criteria and requirements for expedited titling services as provided under chapter 14 Oregon Laws 2014.

(1) A vehicle dealer who requests an expedited Oregon title must hold a current valid vehicle dealer certificate issued or renewed under ORS 822.020 and be designated as an agent of DMV pursuant to ORS 802.031 and OAR 735-0150-0040. The dealer must submit the following to DMV for each expedite request:

(a) A completed and signed Application for Oregon title, the appropriate title fee, and any other required documents or fees. The application must have the dealer transaction box checked and in the REMARKS section, include the dealer’s certificate number and the word “EXPEDITE”;

(b) The fee established under chapter 14 Oregon Laws 2014 for providing an expedited title. The fee is non-refundable;

(c) To request to pick up a processed title at the DMV Business Regulation Section in Salem, a written request to pick up the title. The request must contain the phone number, email address and name of the person that DMV will notify when the title is ready for pick up. If no such request is submitted, the title will be sent by U.S. Mail to the person and address specified on the title application.

(2) Applications for dealer expedited titling services may be:

(a) Mailed to: OREGON VEHICLE DEALER EXPEDITE TITLE SERVICE, DMV Services, 1905 Lana Avenue NE, Salem, Oregon 97314; or

(b) Hand delivered to DMV Business Regulation Section, 1965 Lana Avenue NE, Salem, Oregon 97314. Drop off times are Monday through Friday, 8 a.m. to 4:30 p.m., except state holidays or a closure due to inclement weather.

(3) Upon notification by DMV, a title requested for pick up under subsection (1)(c) of this rule will be available for pick up at DMV Business Regulation Section, 1965 Lana Avenue NE, Salem, Oregon 97314. Pick up times are Monday through Friday, 8 a.m. to 4:30 p.m., except state holidays or a closure due to inclement weather:

(a) Only the person whose name is printed on a title, or a third party authorized by that person, may pick up a processed title. An authorized third party must submit a completed and signed Third Party Authorization to Pick up a Dealer Expedite Title (DMV Form 735-7287) at the time of pick up.

(b) The person picking up a title must present valid government-issued photo identification at the time of pick up.

(4) Expedited titling services under this rule:

(a) Are limited to an application for title or replacement title;

(b) May be delayed when a title application is missing required information, documents or fees.

History

Statutory/Other Authority: 184.619, 802.010, 802.031, 803.053, 803.140, 803.207 & 822.043
Statutes/Other Implemented: 803.053
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 15-2014, f. 12-1-14, cert. ef. 1-1-15

Or. Admin. R. 735-022-0070 Inspection of Vehicle Identification Numbers

DMV adopts the following definitions and procedures relating to the inspection of the VIN of a vehicle under ORS 803.212:

(1) “Agent” means a certified vehicle dealer designated by DMV to conduct Level 1 VIN inspections on behalf of DMV.

(2) “ECU” means engine control unit.

(3) “Frame VIN” means a manufacturer‑applied VIN that is permanently stamped, etched, or affixed directly onto the frame, chassis, or structural member of a vehicle, and is:

(a) Located on a load‑bearing or structural component that is integral to the vehicle or trailer’s construction; and

(b) Permanently applied in a manner intended to prevent removal without damage to the component.

(4) “Hidden VIN” means a manufacturer‑applied VIN that is intentionally placed in a concealed or non‑public location on a vehicle for the purpose of confirming identity when public VINs are damaged, altered, or missing, and is:

(a) Permanently stamped, etched, or affixed by the manufacturer on a non‑visible structural or internal component; and

(b) Not normally observable without partial disassembly, removal of parts, or use of specialized inspection methods.

(5) “Level 1 VIN inspection” means a physical inspection to verify the primary VIN and secondary VIN, if the vehicle has a secondary VIN, match the VIN on the title, primary ownership document, or vehicle record.

(6) “Level 2 VIN inspection” means a physical inspection to verify the primary VIN, secondary VIN, if the vehicle has a secondary VIN, and frame VIN match the VIN on the title, primary ownership document, or vehicle record. A “Level 2 VIN inspection” includes verifying hidden VINs and the VIN in the ECU if the results of a Level 2 VIN inspection of the primary VIN, secondary VIN and frame VIN are inconclusive.

(7) “Missing VIN” means a VIN on the vehicle that is unable to be located.

(8) “Primary VIN” means the main publicly visible VIN affixed to a vehicle by the manufacturer in the location intended to serve as the official point of identification, and is:

(a) Permanently affixed, stamped, or labeled by the manufacturer;

(b) Located in the manufacturer‑designated primary display position (for example, the dashboard VIN plate visible through the windshield, or the primary VIN plate on a trailer’s frame or body); and

(9) “Public VIN” means any VIN that is intentionally exposed and visible on a vehicle, and includes the primary VIN and secondary VIN.

(10) “Secondary VIN” means a second, publicly visible VIN that is located on most vehicles, is independently verifiable from the primary VIN, and is:

(a) Permanently affixed, stamped, or labeled by the manufacturer; and

(b) Placed in a location intended for inspection without disassembly.

(11) “VIN” has the meaning given the term in ORS 801.600.

(12) “VIN discrepancy” means:

(a) The VIN on the documents does not match the VIN on the vehicle;

(b) The VINs on the vehicle do not match each other;

(d) The VIN on the vehicle has been altered or defaced.

(13) “VIN verifier” means a person authorized by a state motor vehicle agency to conduct a Level 1 VIN inspection.

(14) A vehicle dealer certified under ORS 822.020 and who meets the qualifications under OAR 735-150-0039, may act as an agent of DMV to perform Level 1 VIN inspections under ORS 803.212 for vehicles that they sell, except as described under section (18) of this rule.

(15) An Oregon law enforcement agency may act as an agent of DMV to perform Level 1 VIN inspections under ORS 803.212. For purposes of acting as an agent of DMV to perform VIN inspections, an Oregon law enforcement agency means the Oregon State Police, an Oregon county sheriff’s office, or an Oregon city or municipal police department.

(16) A rental fleet company may perform a Level 1 VIN inspection under ORS 803.212 for a vehicle in its fleet as part of an application for an Oregon title without a change in ownership.

(17) DMV may authorize a person or agency to perform Level 1 VIN inspections under ORS 803.212 and this rule, OAR 735-022-0070. The person or agency must request DMV’s authorization in writing by emailing DMV Vehicle Programs at vehiclepolicy@odot.oregon.gov or mailing the request to Oregon DMV, Attn: Vehicle Programs, 1905 Lana Ave NE, Salem, OR 97314, to enter into a VIN inspection agreement with DMV.

(18) DMV, in its discretion, limits who may perform VIN inspections for vehicles under the circumstances described in subsection (a)-(h) of this section. Only DMV, the Oregon State Police (OSP), or another Oregon law enforcement agency may perform a VIN inspection on a vehicle located in Oregon in any of the following circumstances:

(a) The vehicle is assembled and the new title must be issued with an assembled make.

(b) The vehicle is reconstructed and the new title must be issued with a reconstructed brand.

(d) DMV has been notified that the vehicle has been or will be wrecked, dismantled, or disassembled under ORS 819.010 or 822.133.

(e) The vehicle is from another jurisdiction and documents presented or the electronic record shows the vehicle has been totaled.

(f) The vehicle is imported and the original manufacturer did not certify that it complies with federal vehicle standards as described in OAR 735-022-0080.

(g) The vehicle has been reported to DMV as a totaled vehicle. This provision does not apply to a vehicle reported totaled due to theft and later recovered in a condition that no longer meets the definition of "totaled vehicle" under ORS 801.527.

(h) Prior to January 1, 2026, DMV received notice that the vehicle was substantially altered.

(19) A Level 2 VIN inspection is required when there is a missing VIN on the vehicle, there is a VIN discrepancy, or the identity of the vehicle is in question.

(20) A public VIN may be located on a vehicle as follows:

(a) Motor vehicles: the primary VIN is typically located on the dash, and the secondary VIN located on the door frame.

(b) Trailers: the primary VIN may be located on the frame, on the body of the trailer, or inside the trailer on a wall or in a cabinet.

(d) Recreational vehicles: the primary VIN may be located on the frame, on the body, or inside the vehicle on a wall or cabinet.

(21) DMV designates the following persons and agencies located in other jurisdictions as authorized to perform Level 1 VIN inspections on vehicles located in the other jurisdiction, including:

(a) A law enforcement agency or entity with administrative or regulatory authority for vehicles within the jurisdiction;

(b) A VIN verifier in another jurisdiction that is recognized and authorized by that jurisdiction to perform an inspection equivalent to a Level 1 VIN inspection;

(c) For vehicles owned by U.S. armed services personnel, the owner's commanding officer, Provost Marshal or other person in authority as authorized by DMV; or

(d) Anyone designated by DMV under a written agreement.

(22) The inspection fee established under ORS 803.215 is required for inspections performed under ORS 803.210. The fee does not apply to inspections performed outside the State of Oregon.

(23) If a vehicle does not have a VIN, DMV will assign one and affix it to the vehicle. When a VIN is assigned, the title record will indicate the VIN assigned by DMV.

(24) Under an agreement with DMV, Oregon law enforcement agencies and the National Insurance Crime Bureau (NICB) are authorized to conduct Level 2 VIN inspections for vehicles located in Oregon when referred to the agency or NICB by DMV.

(25) DMV may enter into agreements to compensate the Oregon State Police or other Oregon law enforcement agencies for any Level 2 VIN inspection conducted under ORS 803.212(5). DMV will compensate an Oregon law enforcement agency only if DMV has entered into an agreement with the Oregon law enforcement agency.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 803.212
Statutes/Other Implemented: ORS 803.212
DMV 27-2026, amend filed 08/13/2026, effective 08/13/2026
DMV 2-2024, minor correction filed 02/21/2024, effective 02/21/2024
DMV 32-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 5-2022, amend filed 03/10/2022, effective 03/10/2022
DMV 29-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 16-2006, f. & cert. ef. 11-17-06
DMV 14-2001, f. & cert. ef. 8-13-01
DMV 14-1994, f. & cert. ef. 11-22-94
MV 28-1987, f. & ef. 10-1-87, Renumbered from 735-071-0009
MV 19-1986, f. & ef. 12-1-86
MV 1-1985, f. & ef. 1-30-85
MV 1-1984, f. & ef. 1-10-84
MV 4-1983, f. 10-5-83, ef. 10-15-83
MV 2-1983, f. 3-19-83, ef. 5-1-83

Or. Admin. R. 735-022-0080 Definitions Relating to Proof of Compliance with Federal Vehicle Standards

The following definitions apply to OAR 735-022-0090:

(1) “EPA” means the U.S. Environmental Protection Agency;

(2) "Federal vehicle standards" as used in Division 22 and ORS 803.045 mean:

(a) Federal Motor Vehicle Safety Standards and Regulations as specified by NHTSA under 49 CFR, Part 571; and

(b) Motor Vehicle Emissions Standards specified by the EPA under 40 CFR, Part 52.

(3) “Manufacturer" means a person in the business of manufacturing or assembling new vehicles.

(4) “NHTSA” means the U.S. Department of Transportation, National Highway Traffic Safety Administration.

(5) “State" means a State of the United States, the District of Columbia and Puerto Rico. For purposes of this rule, “state” does not include the Northern Mariana Islands, Guam, American Samoa, or the Virgin Islands.

(6) “U.S.” means the United States of America and includes all States of the United States as defined in section (5) of this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: 40 CFR Part 52, subpart MM and 49 CFR Part 571, ORS 184.616, 184.619, 802.010 & 803.045
Statutes/Other Implemented: ORS 803.045
DMV 16-2006, f. & cert. ef. 11-17-06
MV 6-1986, f. 3-13-86, ef. 3-17-86, Renumbered from 735-090-0550

Or. Admin. R. 735-022-0090 Proof of Compliance with Federal Vehicle Standards

(1) Proof of compliance with federal vehicle standards is required when DMV is not satisfied, based on the ownership documents, that the vehicle complies with federal vehicle standards, DMV has reason to believe the vehicle does not comply, or DMV receives an application for Oregon title and the application is submitted with an ownership document issued by:

(a) A jurisdiction outside of the U.S.;

(b) The U.S. military; or

(c) A person other than a U.S. authorized distributor for the vehicle listed on the manufacturer’s certificate of origin (MCO).

(2) DMV may accept the following as proof that a vehicle complies with federal vehicle standards:

(a) For a vehicle imported by the U.S. military or military personnel, a written notice or form issued by the U.S. military that indicates the vehicle meets federal vehicle standards;

(b) A Dealer Certification of Compliance with Federal Emission and Safety Standards (DMV Form 7290) for a motorcycle or moped, completed by an Oregon vehicle dealer with a current valid vehicle dealer certificate;

(c) An original letter from the manufacturer or U.S. authorized distributor that includes the VIN and that states that the vehicle meets EPA standards and can be modified to meet federal safety equipment standards. The letter must be accompanied by a Certification of Compliance with Federal Emission and Safety Standards (DMV Form 7286); or

(d) For a vehicle with an ownership document issued outside of the U.S., a U.S. Customs form that contains all of the following:

(A) A vehicle description that includes the year model, make and VIN; and

(B) Written approval from U.S. Customs indicating that the vehicle complies with federal vehicle standards. For example, a form issued by U.S. Customs with an approval stamp or the signature of an authorized U.S. Customs agent.

(3) Proof of compliance with federal vehicle standards is not required if:

(a) The vehicle is or has been titled or registered in the U.S.;

(b) The MCO submitted to DMV indicates the vehicle was manufactured for use in the U.S.; or

(c) DMV receives an original statement from the manufacturer that indicates the vehicle complies with federal vehicle standards.

(4) Notwithstanding sections (2) and (3) of this rule, DMV may refuse to issue title and registration if DMV has reason to believe:

(a) The vehicle does not meet federal vehicle standards; or

(b) The vehicle is not primarily manufactured for operation on U.S. roads or highways.

(5) This rule shall be applied retroactively to May 1, 2009.

History

Statutory/Other Authority: 40 CFR Part 52, subpart MM and 49 CFR Part 571, ORS 184.616, 184.619, 802.010 & 803.045
Statutes/Other Implemented: ORS 803.045
DMV 3-2014, f. & cert. ef. 5-19-14
DMV 13-2009, f. & cert. ef. 8-24-09
DMV 16-2006, f. & cert. ef. 11-17-06
MV 3-1988, f. & cert. ef. 2-2-88, Renumbered from 735-090-0560
MV 6-1986, f. 3-13-86, ef. 3-17-86

Or. Admin. R. 735-022-0100 Leased Vehicles

(1) As provided in ORS 801.375(1)(b), whether a lessee is to be shown on a title certificate as the owner, shall depend on whether the lessee is designated as the owner on the application for title.

(2) Notwithstanding section (1) of this rule, the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall require that the lessee be shown on the title as the owner, when such designation is required.

(3) Situations where section (2) of this rule shall apply, include situations where the person qualifying for or required to have the special type of registration or plates is the lessee, or where in order to qualify, the vehicle owner must:

(a) Be issued a business certificate related to the operation or use of the vehicle;

(b) Be the owner or operator of a business in which the vehicle is used;

(c) Certify under penalty of law, that the vehicle will be used or operated in accordance with specified requirements or restrictions; or

(d) Otherwise meet qualifications or requirements that only apply to the lessee.

(4) Examples of registration or plate types where the lessee shall be required to be shown as owner on the title, include but not be limited to:

(a) Government-owned vehicles registered under ORS 805.040 or 805.045, where the government entity is the lessee;

(b) Farm vehicles registered under ORS 805.300 through 805.400;

(d) Vehicles with a registration weight of more than 8,000 pounds that are described in ORS 767.022, vehicles operated by charitable organizations as described in 767.025(15), and vehicles which are used exclusively to transport mobile homes, when such vehicles are registered under 803.420(14); or

(e) Amateur radio operator plates where the lessee is the person that holds the license issued by the Federal Communication Commission.

History

Statutory/Other Authority: Ch. 551 (OL 1991), 802.010, 805.040, 805.045, 805.300 - 805.400 & 822.210
Statutes/Other Implemented: ORS 803.050
DMV 31-2017, minor correction filed 12/27/2017, effective 12/27/2017
MV 25-1991, f. & cert. ef. 11-13-91

Or. Admin. R. 735-022-0110 Use of Vehicle Model on Titles and Salvage Titles

(1) Except as otherwise provided in this rule, the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall include the vehicle model name on certificates of title and salvage titles if:

(a) The vehicle is a motor vehicle that has a year model of 1981 or newer;

(b) The motor vehicle would be classed under Oregon registration laws as a motor truck, motorcycle, moped or vehicle commonly referred to as a passenger vehicle or similar motor vehicle registered under ORS 803.420(6)(a); and

(2) DMV may elect to not show the model, or to record a model different than what is indicated by the vehicle identification number, if:

(a) The vehicle has been assembled, reconstructed, is a replica vehicle, or was manufactured in more than one stage;

(b) The designated model does not reflect what the vehicle looks like; or

(3) DMV shall not include model information on titles or salvage titles for non-motor vehicles, and shall not routinely include model information for motor vehicles other than those covered in section (1) of this rule.

(4) The owner shall return the title or salvage title to DMV for correction, if a model is reflected in error on the title (e.g., the certificate of origin incorrectly identified the vehicle).

(5) DMV may include the vehicle model for a motor vehicle not covered in section (1) of this rule if DMV can verify the actual model and the National Crime Information Center has established a standard abbreviation for the model. This includes, but is not limited to, a specific request by the owner to include the model on the title.

(6) DMV may abbreviate a model name to fit in the space allotted on the certificate of title or registration.

(7) The model name shall not be required information on applications for title or registration, except when the model otherwise is required to be part of an odometer disclosure.

(8) This rule shall apply only to titles or salvage title issued on or after July 1, 1992.

History

Statutory/Other Authority: ORS 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 821.060, 821.080 & Ch. 873 (OL 1991)
Statutes/Other Implemented: ORS 803.015
DMV 32-2017, minor correction filed 12/27/2017, effective 12/27/2017
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

Or. Admin. R. 735-022-0130 Titling All-Terrain Vehicles and Emergency Fire Apparatus

(1) For purposes of this rule, the following definitions apply:

(a) Class I all-terrain vehicle is defined as set forth in ORS 801.190.

(b) Class III all-terrain vehicle is defined as set forth in ORS 801.194(1).

(d) “Emergency fire apparatus” means a vehicle such as, but not limited to, a fire truck, fire engine, tanker or any other similar vehicle that is primarily designed and used for public fire protection and suppression.

(e) “Fire service agency” means a unit of state or local government, a special purpose district or a private firm which provides, or has authority to provide public fire protection and suppression services in Oregon, including, but not limited to, the Oregon Department of Forestry, a rangeland fire protection association, a rural fire protection district, a city fire department, or a private fire department.

(2) DMV may issue an Oregon title for an emergency fire apparatus that is owned by a fire service agency and is exempt from title requirements under ORS 803.030(8), or for Class I, Class III or Class IV all-terrain vehicles that are exempt from title requirements under ORS 803.030(3), if the vehicle owner:

(a) Submits an application for Oregon title that meets the requirements of ORS 803.050; and

(b) Meets the qualifications for issuance of title under ORS 803.045, including but not limited to payment of all required fees and submission of evidence of ownership as described in OAR 735-022-0000;

(3) Effect of Title. Upon issuance of an Oregon title under section (2) of this rule:

(a) A vehicle is not authorized to operate on Oregon highways unless the vehicle is lawfully registered in Oregon or a jurisdiction where the owner is domiciled or is a resident, or the vehicle is exempt from registration requirements under ORS 803.305;

(b) The owner must comply with all applicable state and federal laws, rules and regulations related to the titling of vehicles; and

(c) The vehicle must remain titled in Oregon and is subject to all provisions of the Oregon law applicable to vehicles titled in Oregon until the vehicle is legally titled under the laws of another jurisdiction or an Oregon salvage title is issued.

(4) Notwithstanding section (2) of this rule, DMV may refuse to issue an Oregon title if issuance of an Oregon title violates the law of another jurisdiction.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.030 & 803.035
Statutes/Other Implemented: 803.010, 803.030, 803.035, 803.040, 803.045 & 803.092
DMV 5-2012, f. & cert. ef. 5-18-12

Or. Admin. R. 735-022-0140 Definitions

The following definitions apply to terms used in OAR 735-022-0140 to 735-022-0160 and are in addition to the definitions found in ORS 174.101 and ORS 803.036:

(1) “ANSI” means the American National Standards Institute.

(2) “Builder” means a person, who is not a manufacturer, who assembled a recreational vehicle.

(3) “DMV” means the Oregon Department of Transportation, Driver and Motor Vehicle Services.

(4) “Former PMRV” means a vehicle that was:

(a) Originally manufactured as a PMRV as defined in section (6) of this rule, but no longer meets the definition; and

(b) First used as living quarters on or before January 1, 2021.

(5) “NFPA” means the National Fire Protection Association.

(6) “Park model recreational vehicle” or “PMRV” means a recreational vehicle that:

(a) Is designed for use as a temporary living quarters;

(b) Is built on a single chassis mounted on wheels;

(d) Is more than eight and one-half feet wide; and

(e) If manufactured in 1982 or later, certified by the manufacturer or builder, or the applicant if the PMRV is not new and no manufacturer or builder certification is available, as complying with the version of the ANSI A119.5 standard for the construction of park model recreational vehicles that was in effect at the time of manufacture.

(7) “Recreational Vehicle” means a vehicle with or without motive power that is designed for use as temporary living quarters, to be easily transported and set up on a daily basis and is any one of the following:

(a) A vehicle that is eight and one-half feet wide or less and is certified by the manufacturer or builder as complying with the applicable version of the NFPA 1192 or 501C or ANSI A119.2 standards, depending on which standards apply to the year of manufacture, for the construction of recreational vehicles that was in effect at the time of manufacture;

(b) A vehicle that is eight and one-half feet wide or less and is certified by the applicant as complying with the applicable version of the NFPA 1192 or 501C or ANSI A119.2 standards if the vehicle is not new and no manufacturer or builder certification is available, depending on which standards apply to the year of manufacture, for the construction of recreational vehicles that were in effect at the time of manufacture;

(d) A PMRV as defined in this rule.

(8) “Temporary living quarters” means a recreational vehicle that has, at minimum, cooking and sleeping facilities that may be permanently set up or connected to the vehicle, or may be stored within or upon the vehicle with the intent to use within or upon the vehicle.

History

Statutory/Other Authority: ORS 174.101, 184.619, 802.010 & 803.036
Statutes/Other Implemented: ORS 174.101 & 803.036
DMV 17-2023, amend filed 07/18/2023, effective 07/18/2023
DMV 5-2022, amend filed 03/10/2022, effective 03/10/2022
DMV 21-2021, temporary amend filed 09/13/2021, effective 09/13/2021 through 03/11/2022
DMV 28-2019, adopt filed 12/17/2019, effective 01/01/2020

Or. Admin. R. 735-022-0150 Titling Park Model Recreational Vehicles

(1) DMV may issue an Oregon title for a PMRV when the applicant meets all of the following requirements:

(a) Submits an application for Oregon title that meets the requirements of ORS 803.050;

(b) Provides the physical site address of the PMRV;

(c) Meets the qualifications for issuance of an Oregon title under ORS 803.045, including but not limited to, payment of all required fees and submission of evidence of ownership as described in OAR 735-022-0000;

(d) Submits a certification that the PMRV was constructed in compliance with the version of the ANSI A119.5 that was in effect at the time of manufacture by providing:

(A) If the PMRV has not been issued a title or other ownership document since it was originally manufactured, a certification on the Manufacturer’s Certificate of Origin (MCO) or letter from the manufacturer;

(B) If the PMRV is assembled, a letter from the builder or a completed certification on an Assembled, Reconstructed or Replica Vehicle Certification; or

(C) If the PMRV has been issued a title or other ownership documents since it was originally manufactured, a completed and signed Park Model Recreational Vehicle (PMRV) Certification form (DMV 735-274)

(e) Submits a completed Park Model Recreational Vehicle (PMRV) Certification form (DMV 735-274) certifying that the PMRV:

(A) Is more than eight and one-half feet wide; and is either

(B) Is not permanently affixed to land for use as a permanent dwelling; or

(f) Complies with any other applicable state and federal laws, rules and regulations related to the titling of vehicles.

(2) Subsection (1)(d) of this rule does not apply to a PMRV:

(a) That was manufactured prior to 1982, or

(b) When an Oregon title was issued by DMV for the PMRV on or after January 1, 2020,

(3) Nothing in this rule limits DMV’s discretion to request or consider other information to establish the PMRV was constructed in compliance with the ANSI A119.5 standard in effect at the time of manufacture.

History

Statutory/Other Authority: ORS 174.101, 184.619, 802.010, 803.035 & 803.036
Statutes/Other Implemented: ORS 174.101, 803.010, 803.035, 803.036, 803.040, 803.045 & 803.092
DMV 5-2022, amend filed 03/10/2022, effective 03/10/2022
DMV 28-2019, adopt filed 12/17/2019, effective 01/01/2020

Or. Admin. R. 735-022-0160 Titling Former PMRVs as Provided in ORS 803.036

(1) DMV may issue an Oregon title for a former PMRV when the applicant meets all of the following requirements:

(a) Submits an application for Oregon title that meets the requirements of ORS 803.050.

(b) Provides the physical site address of the former PMRV.

(d) Submits a certification that the former PMRV was originally constructed in compliance with the version of the ANSI A119.5 that was in effect at the time of manufacture by providing:

(A) If the former PMRV has not been issued a title or other ownership document since it was originally manufactured, a certification on the Manufacturer’s Certificate of Origin (MCO) or letter from the manufacturer;

(B) If the former PMRV is assembled, a letter from the builder or a completed certification on an Assembled, Reconstructed or Replica Vehicle Certification; or

(C) If the former PMRV has been issued a title or other ownership document since it was originally manufactured, submits a completed Park Model Recreational Vehicle (PMRV) Certification form (DMV form 735-274).

(e) Submits a completed Park Model Recreational Vehicle (PMRV) Certification form (DMV form 735-274) certifying that the former PMRV:

(A) Was first used as living quarters on or before January 1, 2021; and either

(B) Is not permanently affixed to land for use as a permanent dwelling; or

(2) Subsection (1)(d) of this rule does not apply to a former PMRV:

(a) If the former PMRV was manufactured prior to 1982, or

(b) When an Oregon title was issued by DMV for the former PMRV on or after September 1, 2021.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.035 & 803.036
Statutes/Other Implemented: ORS 174.101, 803.010, 803.035, 803.036, 803.040, 803.045 & 803.092
DMV 5-2022, adopt filed 03/10/2022, effective 03/10/2022
DMV 21-2021, temporary adopt filed 09/13/2021, effective 09/13/2021 through 03/11/2022

Division 24 ASSEMBLED/RECONSTRUCTED/ALTERED/DAMAGED VEHICLES

Or. Admin. R. 735-024-0015 Definitions; Title Brands

As used in this rule through 735-024-0025, the following definitions apply:

(1) “Brand,” “branded title,” or “title brand” means a notation, inscription, indicator, symbol or phrase to indicate the history, condition, or circumstances of a vehicle. A title brand does not necessarily indicate the extent to which a vehicle may have been damaged, whether a vehicle has been repaired or to what degree a damaged vehicle has been repaired. A title brand may be:

(a) Printed, inscribed, stamped or otherwise affixed to a certificate of title; or

(b) Designated or recorded on the vehicle record of another jurisdiction.

(2) “Assembled vehicle” as defined in ORS 801.130 and these rules means a vehicle:

(a) With a body that does not resemble any particular year model or make of vehicle;

(b) That is not a vehicle rebuilt by a manufacturer;

(d) That is not an antique vehicle, a vehicle of special interest, a reconstructed vehicle or a replica.

(3) The following title brands defined under this section are adopted pursuant to ORS 803.015 and 646A.405. Title brands indicate a determination of a vehicle’s condition made by another jurisdiction, or in the case of “glider kit,” “reconstructed,” “replica vehicle,” “totaled” or “Lemon Law Buyback,” a determination made by Oregon DMV:

(a) “Branded” means:

(A) A listing of two or more brands on an out-of-state title or similar document; or

(B) A brand not specifically defined or identified under this rule.

(b) “Flood damaged,” “flood,” or a word of similar import means a brand to indicate that a vehicle has been submerged in water to the point that the vehicle sustained damage;

(A) A kit consisting of a new truck cab or cab and hood assembly, including a front axle assembly and frame rails, with or without an engine, transmission and rear axle, manufactured and sold with a manufacturer’s statement of origin, has been used to replace damaged or worn components of an existing heavy truck or tractor; or

(B) A heavy truck or tractor was assembled using a kit consisting of all new component parts, including engine, transmission and rear axle, manufactured and sold with a manufacturer’s statement of origin, and assembled by a person other than the manufacturer of the components.

(C) For purposes of this subsection, “heavy truck or tractor” means truck or tractor with a gross vehicle weight rating of more than 16,000 pounds.

(d) “Lemon,” “lemon-defective,” “Lemon Law Buyback,” “returned to manufacturer,” or a word of similar import means a brand to indicate a vehicle was returned to the manufacturer because of a defect or condition that could not be corrected or repaired and that substantially impaired the safety, market value, or the use, or intended use, of the vehicle.

(e) “Previous damage” means a title brand issued by DMV prior to August 20, 2004, to indicate that DMV had received information from another jurisdiction that a vehicle was damaged, destroyed, wrecked or salvaged, or words of similar import. The term “previous damage” does not apply to vehicles issued a junk title or similar ownership document by another jurisdiction as described under OAR 735-020-0070;

(f) “Reconstructed vehicle,” or “reconstructed” as defined in ORS 801.408 and these rules, means either:

(A) A vehicle that:

(i) Has a body that resembles and primarily is a particular year model or make of vehicle;

(ii) Is not a vehicle rebuilt by a manufacturer;

(iii) Is not a vehicle built in a factory where the year model and make are assigned at the factory; and

(iv) Is not a replica; or

(B) A motor truck that has been rebuilt using a component kit if the manufacturer of the kit assigns a vehicle identification number and provides a manufacturer’s certificate of origin for the kit.

(g) “Totaled vehicle” or “totaled” as defined in ORS 801.527 and these rules means a vehicle that:

(A) Is declared a total loss by an insurer that is obligated to cover the loss or that the insurer takes possession of or title to.

(B) Is stolen, if it is not recovered within 30 days of the date that it is stolen and if the loss is not covered by an insurer.

(C) Has sustained damage that is not covered by an insurer and the estimated cost to repair the vehicle is equal to at least 80 percent of the retail market value of the vehicle before it was damaged. For purposes of this subsection, “retail market value” shall be as reflected in publications relied upon by financial institutions doing business in this state, including but not limited to the Title and Registration Textbook of the National Automobile Dealers Association (N.A.D.A. Guide), the Automobile Red Book or the Kelley Blue Book .

(h) “Replica” as defined in ORS 801.425 and these rules, means a vehicle with a body built to resemble and be a reproduction of another vehicle of a given year and given manufacturer.

(4) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation;

(5) “Oregon Certificate of Title” or “Oregon title” means a certificate of title, as that term is defined in ORS 801.185, issued by DMV.

(6) “Oregon Salvage Title Certificate” means a written document issued by DMV under the provisions of ORS 803.140 and 819.016 as evidence of vehicle ownership. An Oregon Salvage Title Certificate is not an Oregon Certificate of Title.

(7) “Salvage title,” “salvage certificate” and “dismantler (wrecker) bill of sale” means a document issued by another jurisdiction to indicate the vehicle has been damaged, wrecked or salvaged or words of similar import. “Salvage title” does not refer to an Oregon salvage title certificate as defined by ORS 801.454 and this rule, unless the Oregon salvage title certificate reflects a brand that indicates the vehicle was damaged in another jurisdiction, before being titled in Oregon.

(8) “Word(s) of similar import” means any word, term, indicator, symbol or phrase that means the same or has the same effect as the terms described under OAR 735-020-0070 (junk titles) and defined under sections (2) and (3) of this rule.

(9) For purposes of this rule, OAR chapter 735, division 024, division 152, ORS Chapters 819 and 822, “Auto Recycler” has the same meaning as “dismantler” as defined under ORS 801.236 and means a person issued a dismantler certificate under 822.110.

History

Statutory/Other Authority: ORS 184.616, 184.619, 646A.405, 802.010, 803.012, 803.015, 803.140, 819.016 & 821.060
Statutes/Other Implemented: ORS 646A.405 & 803.015
DMV 8-2016, f. & cert. ef. 11-22-16
DMV 6-2010, f. & cert. ef. 2-25-10
DMV 17-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
DMV 18-2004, f. & cert. ef. 8-20-04

Or. Admin. R. 735-024-0025 Title Brands; When Issued, Removed and Exceptions

(1) When Issued. DMV will issue a branded title or a title with an “assembled” make when an application for an Oregon title is submitted and:

(a) The vehicle’s title or NMVTIS carries one or more brands described under OAR 735-024-0015(2) and (3);

(b) DMV receives notice from a vehicle manufacturer to inscribe “Lemon Law Buyback” on the certificate of title for the vehicle;

(d) The vehicle meets the definition of a “Reconstructed Vehicle,” a “Replica” or a “Totaled vehicle” as those terms are defined under OAR 735-024-0015; or

(e) DMV determines from a previous title or vehicle record, including a record from another jurisdiction, from the application for title or from information obtained from any source, that a brand or “assembled” make should be placed on the Oregon title.

(f) NMVTIS contains any report concerning the vehicle in the Junk, Salvage and Insurance section that meets DMV's criteria for a "salvage" vehicle and that has not been amended or retracted by the reporting jurisdiction or entity.

(2) For purposes of section (1) of this rule, DMV may require documentation to determine if a vehicle should be issued an Oregon title with a brand or "assembled" make.

(3) An Oregon title issued under section (1) of this rule:

(a) Will not necessarily be issued with the same brand that appeared on the vehicle’s previous certificate of title or other ownership document or in another jurisdiction’s record of the vehicle;

(b) Will be issued with a brand described under OAR 735-024-0015 determined by DMV to be most comparable to the brand that appeared on the previous certificate of title or in the vehicle’s record. This subsection does not apply to a “branded” brand or an Oregon title with a “Lemon Law Buyback” brand;

(c) Will be issued with a brand described under OAR 735-024-0015 determined by DMV to be the most appropriate if DMV determines from information obtained from any source that a brand should be placed on the Oregon title.

(d) Will indicate the name of the jurisdiction that issued the title brand, unless the title brand was issued by DMV; and

(4) Except as specifically provided in section (5) of this rule, once a title brand or “assembled” make has been placed on a vehicle’s Oregon Certificate of Title that brand or “assembled” make will appear on any subsequent Oregon title issued for the vehicle.

(5) DMV may omit, remove, add or change a title brand or “assembled” make when:

(a) DMV receives information that indicates an Oregon title or Oregon Salvage Title Certificate was issued with an incorrect brand or “assembled” make. For example, DMV receives written information from an originating jurisdiction that indicates its title incorrectly reflects a title brand;

(b) DMV is satisfied the title brand or “assembled” make was placed on the Oregon title or Oregon Salvage Title Certificate in error;

(c) DMV failed to place a title brand or “assembled” make on the Oregon title or Oregon Salvage Title Certificate when required under section (1) of this rule or subsections (d), (e) and (f) of this section.

(d) A subsequent accident or occurrence causes the vehicle to be identified with a brand or different brand such as “totaled,” “reconstructed,” or “Lemon Law Buyback.”

(e) A vehicle issued an Oregon title with any brand or an “assembled” make other than totaled is reported to DMV as a totaled vehicle under ORS 819.012 or 819.014. Except as described in subsection (f) of this section, when DMV issues a new Oregon title it will include a totaled brand, which replaces any previous brand shown on the Oregon title. For example, a vehicle issued an Oregon title with a flood brand will be issued an Oregon title with a totaled-reconstructed brand when the vehicle is reported to DMV as a totaled vehicle and is subsequently titled as a reconstructed vehicle;

(f) Notwithstanding subsection (e) of this section, a vehicle issued an Oregon title with an “assembled” make, or glider kit, “Lemon Law Buyback,” reconstructed or replica brand is reported to DMV as a totaled vehicle. If DMV issues a new Oregon title, it will include the original brand and a totaled brand. For example, a vehicle issued an Oregon title with a “replica” brand that is later reported to DMV as “totaled” under ORS 819.020 or 819.014, will be issued an Oregon title with a “replica-totaled-reconstructed” brand when the vehicle is reported to DMV as a totaled vehicle and is subsequently titled as a reconstructed vehicle; or

(g) The reason the vehicle was reported to DMV as a totaled vehicle is theft and the vehicle is recovered and no longer meets the definition of a “totaled vehicle” under ORS 801.527.

History

Statutory/Other Authority: ORS 184.619, 646A.405, 802.010, 803.012, 803.015, 803.140, 819.016 & 821.060
Statutes/Other Implemented: ORS 646A.405 & 803.015
DMV 26-2020, amend filed 07/27/2020, effective 08/01/2020
DMV 8-2016, f. & cert. ef. 11-22-16
DMV 6-2010, f. & cert. ef. 2-25-10
DMV 17-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10
DMV 10-2005, f. 3-18-05
DMV 18-2004, f. & cert. ef. 8-20-04

Or. Admin. R. 735-024-0030 Definitions Relating to Vehicles and Documents for Vehicles that Have Been Damaged, Altered, or Rebuilt

The following definitions and application of terms apply to OAR 735-024-0030 through 735-024-0170:

(1) "Accepting Vehicles as Salvage Material" as used in ORS 819.040, means to receive or purchase a vehicle that has already been wrecked, dismantled, or disassembled.

(2) "Assembled Vehicle" as defined in ORS 801.130 and these rules, means a vehicle:

(a) With a body that does not resemble any particular year model or make of vehicle;

(b) That is not a vehicle rebuilt by a manufacturer;

(d) That is not an antique vehicle, a vehicle of special interest, a reconstructed vehicle or a replica.

(3) "Brand," "branded title" or "title brand" means a notation, indicator, symbol or phrase that is or has been printed, stamped or otherwise affixed to a certificate of title to indicate the history, condition, or circumstances of a vehicle. A title brand does not necessarily indicate the extent to which a vehicle may have been damaged, whether a vehicle has been repaired or to what degree a damaged vehicle has been repaired.

(4) "Certificate of Title" or "title" is defined in ORS 801.185. A title:

(a) May be issued by Oregon or another jurisdiction;

(b) When issued by Oregon, is issued under ORS 803.045 or as is provided in ORS 821.060;

(d) Is not issued to vehicles that:

(A) Are dismantled, disassembled, or substantially altered;

(B) Are otherwise in a condition that would require the title to be surrendered to the DMV for cancellation;

(C) Have been issued a junk title, junk certificate or similar ownership document or brand as described in OAR 735-020-0070; or

(D) Have a junk status or similar brand, disposition, or notation when DMV queries NMVTIS as described in OAR 735-020-0070.

(e) Follows the frame or unibody of the vehicle for which the title was originally issued.

(5) "Dismantle" and "Disassemble" are defined in OAR 735-024-0050.

(6) "Frame" or "Unibody" refer to the major component(s) of a vehicle that form the support structure, undercarriage or lower structure of the vehicle, excluding such things as wheels or suspension. "Frame" does not include the body of the vehicle.

(7) "Insurer" as used in ORS 801.527 and 819.014 and in these rules, means a person engaged in the business of entering into policies of insurance. The term does not include persons who are self-insured.

(8) “National Motor Vehicle Title Information System” or “NMVTIS” means the electronic vehicle record system described in 28 CFR Part 25, Subpart B, and operated by the American Association of Motor Vehicle Administrators.

(9) "Primary Ownership Document" is defined in ORS 801.402 and OAR 735-020-0010.

(10) "Proof of Compliance" means a document issued by DMV as evidence that:

(a) The title or primary ownership document was surrendered to DMV in accordance with ORS 819.010, 819.012 or 819.014; and

(b) The title or primary ownership document was marked, or DMV received other documentation that satisfied DMV that the vehicle was wrecked, dismantled, disassembled or totaled.

(11) "Reconstructed Vehicle," or "reconstructed" as defined in ORS 801.405 and these rules, means either:

(a) A vehicle that:

(A) Has a body that resembles and primarily is a particular year model or make of vehicle;

(B) Is not a vehicle rebuilt by a manufacturer;

(D) Is not a replica; or

(b) A motor truck that has been rebuilt using a component kit if the manufacturer of the kit assigns a vehicle identification number and provides a manufacturer's certificate of origin for the kit.

(12) "Replica" as defined in ORS 801.425 and these rules, means a vehicle with a body built to resemble and be a reproduction of another vehicle of a given year and given manufacturer.

(13) "Salvage Title Certificate," "Oregon Salvage Title Certificate" or "salvage title" as defined in ORS 801.454 and this rule means a written document issued by DMV under the provisions of ORS 803.140 and 819.016 as evidence of vehicle ownership. Unless designated otherwise, an Oregon Salvage Title Certificate is not a certificate of title.

(14) "Salvage title," "salvage certificate," and "dismantler (wrecker) bill of sale" means a document issued for a vehicle to indicate the vehicle has been damaged, wrecked or salvaged or words of similar import. "Salvage title" does not refer to an Oregon salvage title certificate as defined by ORS 801.454 and this rule, unless the Oregon salvage title certificate reflects a brand that indicates the vehicle was damaged in another jurisdiction, before being titled in Oregon.

(15) "Substantially Alter the Form" is defined in OAR 735-024-0050.

(16) "Totaled vehicle" and "totaled" as defined in ORS 801.527 and these rules means:

(a) A vehicle that is declared a total loss by an insurer that is obligated to cover the loss or that the insurer takes possession of or title to;

(b) A vehicle that is stolen, if it is not recovered within 30 days of the date that it is stolen and if the loss is not covered by an insurer; or

(c) A vehicle that has sustained damage that is not covered by an insurer and that is such that the estimated cost to repair the vehicle is equal to at least 80 percent of the retail market value of the vehicle prior to the damage. For purposes of this subsection, "retail market value" is determined utilizing publications used by financial institutions doing business in Oregon.

(17) "Wreck" is defined in OAR 735-024-0050.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.012, 803.015, 803.140, 819.016 & 821.060
Statutes/Other Implemented: ORS 803.015, 803.420 & 28 CFR Part 25
DMV 26-2020, amend filed 07/27/2020, effective 08/01/2020
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 18-2004, f. & cert. ef. 8-20-04
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Or. Admin. R. 735-024-0050 Definition and Application of Terms — To Wreck, Dismantle, Disassemble or Substantially Alter the Form of a Vehicle

(1) As used in ORS Chapter 803, 819, and 822 and OAR 735-024-0030 through 735-024-0170, the terms “wreck,”“dismantle,”or “disassemble,”or other forms of these same terms, mean any action or occurrence to a vehicle that results in:

(a) Total destruction of the vehicle such as where the vehicle is taken apart with the intention of never again being operated as a vehicle, whether or not the frame or unibody will be used to repair, rebuild or construct another vehicle;

(b) The vehicle being crushed, compacted or shredded;

(c) The removal of the engine, drive train, or transmission from a motor vehicle for purposes other than repair, replacement or restoration, or regardless of the purpose, where the frame or unibody is sold or transferred separate from such parts;

(d) The permanent removal of the wheels and the frame or undercarriage of a trailer (other than a mobile home);

(e) The vehicle no longer meeting the definition of a vehicle under ORS 801.590, except as provided in section (2) of this rule;

(f) The destruction of the frame or unibody of the vehicle; or

(g) The clipping of any quarter, section or half of the vehicle.

(2) Examples of situations when section (1) of this rule shall not apply include, but are not limited to:

(a) The frame or unibody is removed for the purpose of repair or restoration, as long as ownership of the vehicle is not transferred while the frame or unibody is removed, and the vehicle is reassembled in essentially the same form, using the same frame or unibody;

(b) The tires or wheels of a motor vehicle are removed, with no other action to change the unit to something other than a motor vehicle.

(3) As used in ORS Chapters 803, 819, and 822 and OAR 735-024-0030 through 735-024-0170, the phrase “substantially alter the form of a vehicle” means any action or occurrence to a vehicle that results in:

(a) The frame or unibody being cut, severed, or welded together with parts of two or more vehicles or other materials; or

(b) Changes or alterations to the body or unibody of a vehicle that cause the body to no longer resemble the original vehicle or otherwise cause the vehicle to meet the definitions of an assembled or reconstructed vehicle, or replica.

(4) Examples of “substantially altering the form of a vehicle” include but are not limited to the following:

(a) The front or back clip of a unibody vehicle is replaced;

(b) The frame or unibody is crushed, compacted, or shredded, and replaced with another;

(d) The body of the vehicle resembles a different year model or make of vehicle than the one the title was issued for; or

(e) A motor truck is rebuilt using a component kit as described in ORS 801.405(2).

(5) Examples of when section (3) of this rule shall not apply include but shall not be limited to the following:

(a) The bed or box of a pickup truck is replaced;

(b) A flatbed truck is transformed into a stake truck;

(c) The changes involve the addition or accessories, or other modifications commonly known as “customizing,”as long as the frame or unibody of the vehicle is not affected, and the body still resembles the same year model and make of vehicle; or

(d) The repair or replacement of body parts, as long as the frame or unibody of the vehicle is not affected, and the body still resembles the same year model and make of vehicle.

History

Statutory/Other Authority: ORS 802.010, 803, 819, 820, 821, 822 & Ch. 820 & 873 & OL 1991
Statutes/Other Implemented: ORS 819.010
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Or. Admin. R. 735-024-0070 Notice of Vehicles to be Wrecked, Dismantled, Disassembled, or Substantially Altered in Form - Responsibility of Parties

(1) The types of vehicles that are subject to the provisions of ORS 819.010 (wrecked, dismantled, disassembled or substantially altered) include:

(a) Vehicles of the type that, when operated over the highways of this state, are required to be registered and titled;

(b) Class I or III all-terrain vehicles;

(d) Any other vehicle that has been issued a title by DMV or by another jurisdiction.

(2) This rule does not apply to a person who holds a current valid dismantler certificate issued under ORS 822.110.

(3) ORS 819.010 and any related rules apply if the activity described in 819.010 and OAR 735-024-0050 is performed in this state, and the vehicle is of a type covered in section (1) of this rule. This applies to vehicles titled in Oregon, those titled in another jurisdiction, and any vehicle not subject to title requirements.

(4) Primary ownership documents for vehicles described in section (1) of this rule may be surrendered to DMV, in place of the certificate of title where a title does not exist, or where ownership is being transferred by operation of law and the title is not available.

(5) The Oregon title certificate, foreign title certificate, or primary ownership document must be surrendered to DMV together with the application for salvage title, if a salvage title is required.

(6) The Oregon title and, unless lost or completely destroyed, the vehicle’s registration card and registration plates must be surrendered to DMV along with a written statement that indicates the vehicle was dismantled, disassembled, wrecked or substantially altered, if a salvage title is not required. The statement must be submitted on a DMV Form 735-6017, “Notice of Vehicle to be Dismantled/Proof of Compliance.”

(7) Vehicles that are subject to this rule may not be repaired, rebuilt, transferred, or the vehicle’s frame or unibody used for repairing or constructing another vehicle, until a salvage title is applied for and issued, consistent with ORS 819.016 and 819.018.

(8) If a salvage title is not required, DMV may issue proof of compliance upon request, if:

(a) The title or primary ownership document is surrendered to DMV;

(b) DMV is provided with documentation that indicates the vehicle has been wrecked, dismantled, disassembled or substantially altered; and

(9) The act of wrecking, dismantling, disassembling or substantially altering a vehicle does not by itself cause a vehicle to be considered a totaled vehicle. Such a vehicle:

(a) Is subject to the requirements under ORS 819.010 and DMV rules; and

(b) Is not considered totaled, and is not subject to requirements that apply to totaled vehicles unless the vehicle was determined to be totaled before the vehicle was wrecked, dismantled, disassembled or substantially altered.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.140, 819.010, 819.012, 819.014, 819.016 & 819.018
Statutes/Other Implemented: ORS 819.010, 819.012, 819.014, 819.016, 819.018, 819.030 & 819.040
DMV 13-2008, f. & cert. ef. 6-23-08
DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Or. Admin. R. 735-024-0075 Notification of Disposal of Abandoned Vehicle Appraised at $1,000 or Less

(1) This rule designates the form of notice that must be submitted to DMV for the disposal of an abandoned vehicle appraised at a value of $1,000 or less under the provisions of ORS 819.215.

(2) For purposes of this rule the following definitions apply:

(a) “An authority” means a law enforcement or government agency, as described in ORS 819.140, authorized to take a vehicle into custody;

(b) “Dismantler” means a person who is the holder of a valid dismantler certificate issued under ORS 822.110; and

(3) A completed and signed Abandoned Vehicle Certificate (DMV Form 271) must be submitted to DMV when an authority or tower disposes of an abandoned vehicle under ORS 819.215(1).

(4) DMV will not accept an Abandoned Vehicle Certificate if the certificate:

(a) Does not contain the appraised value of the vehicle, the name of the dismantler to whom the vehicle will be disposed, and the certification, including the name, address and authorized signature of the authority or tower disposing of the vehicle;

(b) Does not include information sufficient for DMV to identify the vehicle such as the make, plate number, registration state, or vehicle identification number;

(d) Has a form revision date before December 1998.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 819.215
Statutes/Other Implemented: ORS 819.215
DMV 16-2025, amend filed 11/13/2025, effective 01/01/2026
DMV 11-2010, f. & cert. ef. 6-16-10
DMV 22-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-30-10
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
DMV 12-2005, f. 5-19-05, cert. ef. 6-1-05

Or. Admin. R. 735-024-0077 Notification of Request to Dispose of a Vehicle Appraised at $1,000 or Less Abandoned on Private Property

(1) This rule designates the form of notice that must be submitted to DMV by an authority requested by a person to dispose of an abandoned vehicle appraised at a value of $1,000 or less and abandoned on private property under the provisions of ORS 819.280.

(2) For purposes of this rule, the following definitions apply:

(a) "Authority" means a law enforcement or government agency authorized to dispose of an abandoned vehicle as described in ORS 819.140(1)(b) or (c).

(b) "Appraiser” means a person who is the holder of a valid vehicle appraiser certificate issued under ORS 819.480.

(3) A completed and signed Vehicle Abandoned on Private Property Notice (DMV Form 735-272) must be submitted to DMV by an authority when the authority chooses to dispose of an abandoned vehicle as described under section (1) of this rule.

(4) A Vehicle Abandoned on Private Property Notice must include:

(a) The name and address of the authority disposing of the vehicle;

(b) The name and residence address of the person requesting the vehicle to be towed and disposed;

(d) The registration plate number, if the registration plates are on the vehicle;

(e) The appraised value of the vehicle; and

(f) The appraiser’s certificate number and signature.

(5) DMV will not accept a Vehicle Abandoned on Private Property Notice if the form:

(a) Does not contain all of the information listed in section (4) of this rule;

(b) Shows an appraised value of more than $1,000; or

(6) DMV will accept an Abandoned Vehicle Certificate form if it has a revision date on or after October 2008.

History

Statutory/Other Authority: ORS 184.619, 802.010, 819.215 & 819.280
Statutes/Other Implemented: ORS 819.215 & 819.280
DMV 16-2025, amend filed 11/13/2025, effective 01/01/2026
DMV 9-2021, amend filed 05/14/2021, effective 05/14/2021
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06

Or. Admin. R. 735-024-0100 Totaled Vehicles — Notice and Surrender of Title by Registered Owner

(1) Except for sections (6) and (7) of this rule, this rule covers those situations where a vehicle meets the definition of a totaled vehicle, and the loss is not covered by an insurer. Sections (6) and (7) of this rule cover the owner’s responsibility when the loss is covered by an insurer.

(2) For vehicles that are considered totaled due to theft, the registered owner shall notify DMV within 60 days of the theft. The notice shall:

(a) Be from the owner as shown on the title for the vehicle;

(b) Be in writing;

(c) Include a description of the vehicle sufficient for the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) to locate any record, including such things as the vehicle identification number (VIN) or registration plate number; and

(d) Be supported by evidence that the vehicle was reported as stolen to a law enforcement agency, such as:

(A) A copy of the police report;

(B) A police report number and the name of the agency the theft was reported to; or

(3) If the title is not in the name of the owner from whom the vehicle was stolen, the owner must qualify and apply for title in his or her name before a notice required under section (2) of this rule shall be accepted. DMV may accept the notice required in section (2) of this rule at the same time, the person applies for title.

(4) For vehicles that are considered totaled due to damage, the registered owner shall surrender the title or primary ownership document to DMV within 30 days of when the vehicle became totaled. In surrendering the title the registered owner shall do one of the following:

(a) Apply for salvage title as required under OAR 735-024-0130 and as provided under OAR 735-024-0140;

(b) Apply for issuance of title showing the vehicle as “assembled” or “reconstructed” or “replica” and showing the “totaled” brand, if the vehicle is repaired, rebuilt, or otherwise eligible for a certificate title;

(c) Surrender the current certificate of title or primary ownership document to DMV, along with a statement indicating that the vehicle is totaled and why the vehicle is exempt from having to obtain a salvage title under ORS 819.016 and OAR 735-024-0130.

(5) If the registered owner is unable to surrender the title or primary ownership document, they shall notify DMV that the vehicle is totaled, and state the reason why they are unable to surrender the title or primary ownership document.

(6) As required by ORS 819.012, if a vehicle is determined to be totaled due to the vehicle being declared a total loss by an insurer that is obligated to cover the loss or that the insurer takes possession of or title to, the owner shall within 30 days of the date the vehicle became a totaled vehicle, surrender the title or primary ownership document to:

(a) DMV; or

(b) To the insurer.

(7) If the owner surrenders the title or primary ownership document to DMV under section (6) of this rule, the owner shall apply for salvage title as provided under OAR 735-024-0140, except as provided under OAR 735-024-0130. If salvage title is not required, in surrendering the title or primary ownership document to DMV, the owner shall include information indicating that:

(a) The vehicle was totaled;

(b) The name and address of the insurer; and

History

Statutory/Other Authority: ORS 802.010, 803, 819, 820, 821, 822 & Ch. 820 & 873 & OL 1991
Statutes/Other Implemented: ORS 819.010 - 819.040
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Or. Admin. R. 735-024-0110 Totaled Vehicles — Insurer’s Notification to DMV

(1) This rule applies to vehicles that meet the definition of “totaled vehicle” or “totaled” under ORS 801.527(1) because the vehicle was declared a total loss by an insurer that is obligated to cover the loss, or because the insurer took possession of, or title to the vehicle.

(2) The insurer must notify the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) as required by ORS 819.014 and 819.016. An insurer who obtains and surrenders a title on a totaled vehicle must notify DMV by making application for salvage title under OAR 735-024-0140. This section does not apply to an insurer who does not intend to rebuild or repair the vehicle, transfer the vehicle or use the vehicle frame or unibody to repair or construct another vehicle.

(3) If the insurer does not obtain the title, the insurer must notify DMV in writing and provide at least the following information:

(a) The year model, make and vehicle identification number of the vehicle;

(b) The vehicle registration plate number and state of registration, if known;

(d) The insurer's claim number and the date the vehicle was declared a total loss by the insurer.

(4) DMV may accept a copy of the insurer's notice to the registered owner as notice to DMV if the notice contains the information required in section (3) of this rule.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.140, 819.014 & 819.016
Statutes/Other Implemented: ORS 819.014 & 819.016
DMV 12-2005, f. 5-19-05, cert. ef. 6-1-05
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Or. Admin. R. 735-024-0120 Totaled Vehicles — Persons Who Receive or Purchase

(1) Except as otherwise provided by law, a person who receives or purchases a totaled vehicle is required under ORS 819.012 to surrender the title for the vehicle within 30 days of the purchase or receipt of the vehicle. As used in that statute and this rule:

(a) A primary ownership document may be surrendered when a title does not exist or in the case of a transfer by operation of law, is not available;

(b) The requirement that the title or primary ownership document be surrendered does not apply when:

(A) The title or primary ownership document has already been surrendered to the DMV with information indicating the vehicle was totaled; or

(B) A salvage title has already been issued for the vehicle. This section does not exempt persons from applying for salvage title in their name, if required to do so under OAR 735-024-0170.

(2) Persons who receive or purchase a totaled vehicle, and except as provided in section (1) of this rule, must within 30 days of receipt or purchase, surrender the title or primary ownership document to DMV, and do one of the following:

(a) Apply for salvage title as required under OAR 735-024-0130 and as provided under 735-024-0140;

(b) Apply for a certificate of title identifying the vehicle as totaled and assembled or reconstructed or vehicle replica;

(c) If a salvage title is not required, and the vehicle is not eligible for or a certificate of title is not being applied for, surrender the certificate of title or primary ownership document, together with assignments of interest or other evidence that the person(s) shown on the current title no longer hold an interest, and a written statement that indicates:

(A) The name and address of the person submitting the title;

(B) That the vehicle was totaled; and

(3) Subsection (2)(c) of this rule only applies to situations where a salvage title is not required because the person does not intend to:

(a) Rebuild or repair the vehicle; or

(b) Use the frame or unibody in repairing or constructing another vehicle.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 819.014
Statutes/Other Implemented: ORS 819.010 - 819.040
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Or. Admin. R. 735-024-0130 Salvage Title — Vehicles Subject and When/Who Required to Apply

(1) An Oregon salvage title is an ownership document that is used to assign interest and to make an odometer disclosure on a vehicle, from the time that the certificate of title is required to be surrendered to DMV until:

(a) The vehicle is repaired, rebuilt or is issued a certificate of title; or

(b) It is determined that:

(A) The vehicle will not be rebuilt or repaired; and

(B) The frame or unibody of the vehicle will not be used to repair or construct another vehicle.

(2) Vehicle types subject to the issuance of salvage titles, include any vehicle:

(a) Of the type required to be titled or registered in this state, if operated over the highways;

(b) Snowmobiles required to be titled and registered by DMV; and

(3) Unless exempt under ORS 819.016(3), an application for a salvage title is required on a subject vehicle that is:

(a) Wrecked, dismantled, disassembled, or where the form of the vehicle is substantially altered, as covered in ORS 819.010 and OAR 735-024-0050; or

(b) Determined to be a totaled vehicle, and the title is required to be surrendered to DMV under ORS 819.012 or 819.014; or

(4) When a salvage title is required, application must be made:

(a) For a vehicle that is declared a total loss by an insurer that is obligated to cover the loss, or that the insurer takes possession of or title to:

(A) The insurer must apply for the salvage title if the insurer obtains the title as provided under ORS 819.014, unless a salvage title has already been issued; or

(B) The owner must apply for the salvage title if the vehicle owner does not surrender the title to the insurer.

(b) By the owner for a vehicle that is totaled due to damage when the loss is not covered by an insurer; or

(d) By any person who receives or purchases a vehicle subject to salvage title requirements unless:

(A) A salvage title or similar document has already been issued by Oregon or some other jurisdiction, and the person is not required to apply for salvage title in his or her name under OAR 735-024-0170; or

(B) A totaled vehicle that was purchased before January 1, 1992, and is not subject until the vehicle, frame or unibody is transferred, or the vehicle is wrecked, dismantled, disassembled, or substantially altered in form.

(5) The term “receive” as used in section (4) of this rule and ORS 819.012, does not apply to auctions or other parties who as an agent of another, take possession or control of a vehicle, but who do not actually acquire an interest in the vehicle or vehicle salvage. This section does not:

(a) Relieve insurers or persons who are actually transferring interest in the vehicle or vehicle salvage from the responsibility to apply for and provide any purchaser with a salvage title, as required under ORS 819.012 through 819.018 and this rule; or

(b) Prevent parties from entering into agreements to allow agents to apply for and provide salvage titles to any purchaser on behalf of another.

(6) An odometer disclosure is required when application is made for the issuance or transfer of a salvage title for motor vehicles, except those exempt from disclosure requirements under OAR 735-028-0010.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.140, 819.012, 819.014, 819.016 & 819.018
Statutes/Other Implemented: ORS 803.140, 819.010, 819.012, 819.014, 819.016, 819. 018, 819.030, 819.040 & 49 CFR Part 580
DMV 11-2010, f. & cert. ef. 6-16-10
DMV 22-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-30-10
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Or. Admin. R. 735-024-0140 Salvage Title — Application for Original Salvage Title

All of the following apply to the process of obtaining a salvage title from the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV):

(1) The application shall be in writing, on a form provided by DMV, or other form acceptable to DMV.

(2) Information required on the application shall include but shall not be limited to:

(a) Information sufficient for DMV to identify the vehicle and to locate any current record DMV may have such as the vehicle make, year model, vehicle identification number and the Oregon registration plate number;

(b) The name and address of the vehicle owner;

(d) The signature of the owner.

(3) In addition, the information required in section (2) of this rule, the owner may provide a claim or policy number to be shown on the salvage title that shall:

(a) Be limited to alphabetic or numeric characters (or both); and

(b) Not exceed 16 characters.

(4) Information or documents required to be submitted in support of the application shall include, but shall not be limited to:

(a) The certificate of title or primary ownership document for the vehicle, unless previously surrendered to DMV;

(b) An assignment or release of interest from prior owners, lessors or security interest holders, or other evidence that their interest no longer exists:

(A) DMV may accept a certification from the insurer in lieu of individual releases when the original certificate of title is surrendered, and the application for salvage title is from an insurer who declared the vehicle to be a total loss or where the insurer otherwise took possession or title to the vehicle;

(B) DMV may require additional evidence, affidavits or certifications if questions of ownership exist.

(c) If the vehicle is a motor vehicle subject to odometer disclosure requirements, and the applicant for salvage title is someone other than the current owner of record, an odometer disclosure.

(5) The application shall be accompanied by the fee for a salvage title as provided in ORS 803.090.

History

Statutory/Other Authority: ORS 802.010, 803, 819, 820, 821, 822 & Ch. 820 & 873 & OL 1991
Statutes/Other Implemented: ORS 803.140
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Or. Admin. R. 735-024-0150 Salvage Title — Application for Replacement Salvage Title

(1) For purposes of this rule, the following definitions apply:

(a) “Destroyed” means the salvage title no longer exists. “Destroyed” does not include surrender of the salvage title to DMV or another jurisdiction.

(b) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(c) “Lost” means that the registered owner or person required to attest to the disposition of the salvage title does not know the whereabouts of the salvage title, and, to the best of the registered owner’s or person’s knowledge, the salvage title is not in the possession of another party.

(d) “Mutilated” means the salvage title itself is damaged (e.g., torn in half), or the vehicle description, title brand information, or ownership information printed on the title when issued, has been altered in a manner that could lead a person to believe the title was issued differently than it was. “Mutilated” does not include alterations or errors made in the assignment of title.

(2) DMV will issue a replacement salvage title when the previous salvage title has been lost, mutilated, or destroyed.

(3) Information required on the application includes, but is not limited to:

(a) Information sufficient for DMV to identify the vehicle and locate the current vehicle record such as the vehicle make, year model, and vehicle identification number;

(b) The name and address of the registered owner;

(d) The signature, or other unique identifier accepted by DMV if the application is submitted by electronic means, of a person eligible to apply as described in section (4) of this rule; and

(e) The signature of someone other than the registered owner if they are attesting to the disposition of the original title.

(4) DMV will accept an Application for Replacement Salvage Title (DMV Form 735-230), or an application in another format acceptable to DMV, that is completed by:

(a) A security interest holder recorded on the salvage title;

(b) A lessor, if there is a lessor, and no security interest holder;

(d) Someone other than the registered owner when the registered owner is deceased and interest is transferred to the applicant by operation of law; or

(e) Someone other than the registered owner when the person obtained a release from the registered owner and the salvage title was lost, mutilated or destroyed.

(5) DMV may accept an application for replacement salvage title with transfer of interest:

(a) For any vehicle exempt from odometer disclosure requirements established under ORS 803.102 or OAR 735-028-0010; or

(b) For a vehicle subject to odometer requirements when the transfer:

(A) Is by operation of law;

(B) Is solely due to the creation, release, or assignment of a security interest and at least one owner remains the same; or

(6) The application must be accompanied by the fee for a replacement salvage title as established ORS 803.090.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.065, 803.140 & 821.060
Statutes/Other Implemented: ORS 803.010, 803.045, 803.065, 803.090 & 803.140
DMV 10-2022, amend filed 09/21/2022, effective 09/21/2022
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Or. Admin. R. 735-024-0160 Salvage Title — Form and Content

All of the following apply to salvage titles issued by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV):

(1) Salvage titles contain a control number and are produced by a secure process that meets or exceeds the requirements of federal law.

(2) A salvage title may contain information including but not limited to:

(a) The make, year model, vehicle identification number, and body style of the vehicle;

(b) The name and address of the owner to whom the salvage title was issued;

(d) A printed seal of the State of Oregon;

(e) Odometer disclosure information provided to DMV at the time the salvage title was issued; and

(f) Information that the vehicle was totaled and any title brands that were on DMV records or available through NMVTIS prior to issuance of the salvage title.

(3) Salvage titles provide space for persons to assign interest and disclose odometer information.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.120, 803.140, 819.016 & 821.060
Statutes/Other Implemented: ORS 803.140
DMV 26-2020, amend filed 07/27/2020, effective 08/01/2020
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Or. Admin. R. 735-024-0170 Salvage Title — Assignment, Transfer, Requirements for Surrender

(1) The owner of a vehicle issued a salvage title, must keep the title until:

(a) The frame or unibody are no longer subject to salvage requirements described in OAR 735-024-0130; or

(b) The vehicle is transferred to a new owner.

(2) If the vehicle is wrecked, dismantled, disassembled, or substantially altered in form, and the parts are transferred separately:

(a) The salvage title must remain with the frame or unibody, if it is still subject to salvage title requirements or is sold to someone in another jurisdiction;

(b) The salvage title must be surrendered to DMV if the frame or unibody is no longer subject to salvage title requirements and has not been sold to someone in another jurisdiction. In this case, the salvage title must be surrendered to DMV within 30 days of when the vehicle, including the frame or unibody, is no longer subject to salvage title requirements.

(3) The provisions of this rule relating to forms used for assigning interest and making odometer disclosures only apply to a vehicle or frame or unibody remaining in this state. Other states may require assignments and disclosures to be made on the salvage title or on secure assignment forms that may be submitted with the salvage title.

(4) A dealer, dismantler, or insurer is not required to apply for salvage title in their name if ownership of a vehicle or frame or unibody has been issued or is transferred to a dealer or dismantler who holds a certificate issued under ORS 822.020 or 822.110, or to an insurer. This section does not prohibit a dealer, dismantler or insurer from applying for a salvage title in their name:

(a) Except as provided in subsection (4)(b) of this rule, any assignment of interest to the insurer, dealer or dismantler must be made on:

(A) The current salvage title; or

(B) If all of the assignment spaces on the salvage title are filled up, a separate assignment must accompany and remain with the salvage title. If ownership of the vehicle is transferred at a later time, any assignment(s) not recorded on the title must be provided with the salvage title to the transferee at time of transfer.

(b) The assignment may be made on the replacement title application or on documents supporting the application for replacement title, if the salvage title is lost, mutilated or destroyed, and where allowed under OAR 735-024-0150, the replacement salvage title is to be issued in a name other than the current owner of record.

(5) If ownership of a vehicle or frame or unibody for which a salvage title has been issued is transferred to anyone other than a dealer or dismantler who holds a certificate issued under ORS 822.020 or 822.110, or an insurer, that person is required to apply for salvage title in his or her name. In this case:

(a) Assignments of interest may be made as provided in section (4) of this rule;

(b) Odometer disclosures may be made on the application for salvage title or as otherwise provided in OAR 735-028-0000; and

(c) The person must apply for salvage title as described in OAR 735-024-0140, or if the salvage title is lost, destroyed or mutilated, as provided in OAR 735-024-0150.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.140 & 819.016
Statutes/Other Implemented: ORS 803.140
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
MV 32-1991, f. 12-30-91, cert. ef. 1-1-92

Division 26 DUPLICATE/REPLACEMENT TITLES

Or. Admin. R. 735-026-0000 Requirements for Obtaining Replacement Title

All of the following apply to the process of obtaining a replacement title from the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) under ORS 803.065:

(1) A replacement title issued by DMV shall reflect all ownership interests recorded on the original certificate of title. No changes of ownership, names of interest holders or vehicle description shall be reflected on the replacement title, except:

(a) To correct information incorrectly recorded on the title; or

(b) To reflect changes to the vehicle since the title was issued, including the addition of brands such as “totaled,” “assembled,” “previous damage” or other brands required by statute or rule.

(2) A replacement title with transfer of interest may be issued as provided in OAR 735-026-0010.

(3) No replacement title shall be issued if the certificate of title is required to be surrendered under ORS Chapter 819. This section does not preclude:

(a) An application for replacement title submitted in support of an application for salvage title; or

(b) An application for replacement title submitted to comply with salvage procedures under ORS Chapter 819.

(4) A replacement title may be issued only if the certificate of title is lost, destroyed or mutilated.

(5) “Lost” means the whereabouts of the certificate of title is unknown and that, to the best of the owner’s or person’s knowledge who is required to attest to the disposition of the certificate of title, the title is not in the possession of another party.

(6) A stolen certificate of title shall be considered “lost” only if the certificate is physically taken by a party with no possible ownership interest in the vehicle:

(a) Situations where the certificate may be considered lost include, but shall not be limited to, the certificate of title being taken in a burglary, robbery or theft;

(b) Situations where the certificate shall not be considered lost include, but shall not be limited to, the certificate being taken due to a domestic dispute, or the certificate being given to a purchaser who later reneged on payment, including paying with a check which the bank would not cash.

(7) “Destroyed” means the certificate of title no longer exists. “Destroyed” does not include surrender of the title to DMV or other jurisdiction.

(8) “Mutilated” means the certificate of title is damaged (e.g., torn in half), or the vehicle description, title brand information or ownership information printed on the title when issued has been altered in a manner that could cause someone to believe the title was issued differently than it was. “Mutilated” does not include alterations or errors made in the assignment of title. This section does not preclude issuance of a replacement title if an interest holder released on the title in error and no assignment of interest was completed and no interests were transferred.

(9) Only the person or persons to whom DMV was required to deliver the certificate of title may apply for a replacement title. DMV shall accept an application for replacement title only if it is signed by:

(a) A security interest holder recorded on the certificate of title;

(b) A lessor, if there is a lessor, and there is no security interest holder; or

(10) The application for replacement title shall be in a format provided by DMV.

(11) Information required on the application shall include, but shall not be limited to:

(a) Information sufficient for DMV to identify the vehicle and to locate the current record, such as the vehicle make, year model, vehicle identification number and registration plate number;

(b) The names and addresses of all interest holders in the vehicle. If ownership of the vehicle has been transferred and the owner of record agrees, DMV may deliver the title to the transferee. In such cases, the name and address of the transferee shall be shown on the application as the owner’s mailing address;

(c) A certification that the certificate of title was lost, destroyed or mutilated. If the person entitled to apply has no knowledge of the disposition of the title, the person with such knowledge shall make the certification;

(d) The signature of a person entitled to apply. If the applicant is a financial institution, “signature” shall include the name of the institution, the signature of an authorized representative and evidence to satisfy DMV that the applicant is the financial institution named on the certificate of title. Such evidence may include, but shall not be limited to, a unique line stamp, official letterhead or other similar device. DMV may, but shall not be required to, independently verify that the financial institution named on the certificate of title is the applicant for replacement title.

(12) DMV may require additional evidence of ownership, disposition of the certificate of title or the identity of the applicant if:

(a) DMV has any reason to believe there may be a dispute of ownership of the vehicle;

(b) DMV has any reason to believe the certificate of title may not be lost, destroyed or mutilated; or

(13) The application shall be accompanied by the fee for a replacement title established under ORS 803.090.

History

Statutory/Other Authority: ORS 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 821.060 & 821.080
Statutes/Other Implemented: ORS 803.065
DMV 25-2021, amend filed 11/23/2021, effective 11/23/2021
MV 18-1992, f. 12-21-92, cert. ef. 1-1-93
MV 7-1992, f. 6-18-92, cert. ef. 6-22-92
MV 1-1978, f. 5-1-78, ef. 9-1-78, Renumbered from 735-071-0002

Or. Admin. R. 735-026-0010 Requirements for Obtaining Replacement Title with Transfer

All of the following apply to the process of transferring any interest when obtaining a replacement title as provided in ORS 803.065(2):

(1) Except as otherwise provided in this rule, all of the provisions of OAR 735-026-0000 apply to the process of transferring any interest when obtaining a replacement title.

(2) No replacement title with transfer shall be issued except as otherwise provided in this rule. An application for replacement title with transfer provided for in this rule need not include an odometer disclosure.

(3) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) may accept an application for replacement title with transfer of interest:

(a) For any vehicle exempt from odometer disclosure requirements by ORS 803.102 or by administrative rule;

(b) When the transfer is by operation of law;

(d) When the transfer involves only the removal or addition of co-owners where at least one owner remains the same; or

(e) When the transfer of interest occurred before June 22, 1992. An Oregon dealer who receives an application for replacement title where the transfer occurred before June 22, 1992 shall:

(A) Apply for a replacement title on behalf of the owner;

(B) Apply for a replacement title and transfer of title into the name of the dealer’s retail customer when the vehicle is sold; or

(f) When a lessor recorded on the Oregon title is listed as the registered owner on the application for transfer.

(4) The application for replacement title and transfer shall be in writing on a form or forms provided by DMV or other form acceptable to DMV.

(5) An application for replacement title submitted with an application for transfer as provided in this rule shall be signed by the person or persons required to sign by OAR 735-026-0000(9), except:

(a) If the interest of a security interest holder or lessor required to sign has been satisfied, the application for replacement title shall be signed by the interest holder with the next highest priority;

(b) If the interest of all security interest holders and lessors required to sign have been satisfied, the application shall be signed by all registered owners;

(c) If any or all registered owners have released interest DMV may accept a separate release of interest from the owner in lieu of the owner’s signature on the application if DMV receives evidence that the owner of record is no longer available to sign the application. In such cases DMV may require the transferee to provide evidence of attempts to contact the owner.

(6) Information required on the application for transfer shall include, but shall not be limited to:

(a) Information sufficient for DMV to identify the vehicle and to locate the current record, such as the vehicle make, year model, vehicle identification number and registration plate number;

(b) The names and addresses of all owners and lessors of the vehicle and all security interest holders in order of priority; and

(A) If the transfer is due solely to the assignment of a security interest, only the security interest holder to whom interest is assigned must sign the application for transfer;

(B) If there are both a security interest holder and a lessor, all lessors and at least one owner must sign the application.

(7) The application shall be accompanied by a release of interest from every person shown to have an interest in the vehicle on the certificate of title who no longer has an interest in the vehicle. A release may also be required from any other person DMV has reason to believe has an interest in the vehicle, whose name is not shown on the application for transfer.

(8) A release of interest may be any evidence satisfactory to DMV that the person no longer has an interest in the vehicle. Acceptable releases of interest include, but shall not be limited to:

(a) Assignment of interest on odometer disclosure and assignment forms;

(b) Bills of sale;

(d) Statements of lease termination; or

(e) Releasing signatures on the application for transfer.

(9) DMV may require a statement of fact or affidavit to establish ownership from any person it has reason to believe may have an interest in the vehicle, for the purpose of determining if the person has an interest in the vehicle.

(10) In addition to the fee for a replacement title, the application for a replacement title with transfer shall be accompanied by the fee for transfer established under ORS 803.090.

History

Statutory/Other Authority: ORS 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 821.060, 821.080 & Ch. 873 & OL 1991
Statutes/Other Implemented: ORS 803.065
MV 18-1992, f. 12-21-92, cert. ef. 1-1-93
MV 7-1992, f. 6-18-92, cert. ef. 6-22-92

Division 28 ODOMETERS

Or. Admin. R. 735-028-0000 Definitions Relating to Odometer Disclosures

As used in OAR 735-028-0000 through 735-028-0100 the following terms apply:

(1) “Actual Mileage” means the distance a vehicle has traveled while in operation.

(2) “Buyer” refers to the transferee as defined in ORS 803.102 and 49 CFR, Part 580 for the purpose of odometer disclosure.

(3) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(4) “Seller” has the same meaning as “transferor” as that term is defined in ORS 803.102 and 49 CFR, Part 580 for the purpose of odometer disclosure.

(5) “Odometer” means a device on a motor vehicle for recording the accumulated total mileage a vehicle has been driven. It does not include a device designed to be reset to zero by the operator for purposes of recording trip mileage.

(6) “Odometer Reading” means the mileage indicated on the odometer, excluding any tenths of a mile or kilometer.

(7) “Odometer Disclosure” is a statement required by state or federal law upon a transfer of an interest in motor vehicle, which contains:

(a) A vehicle description, the odometer reading and a certification as to whether, to the best of the person's knowledge, the reading reflects the actual mileage, mileage in excess of the designed mechanical limit or does not reflect actual mileage; and

(b) Depending on the type of transaction, any other information required by rule to be on the disclosure.

(8) “Conforming Title” means a certificate of title or salvage title issued by any state, which contains spaces for odometer information required by 49 CFR, Part 580. Any Oregon title or salvage title issued on or after January 1, 1992, is a conforming title.

(9) “Nonconforming Title” means a certificate of title issued by any state that does not contain spaces for odometer information required under 49 CFR, Part 580. Any Oregon title issued prior to January 1, 1992, is a nonconforming title.

(10) “Secure Form” refers to an odometer disclosure and reassignment form or a power of attorney form that includes odometer information, issued by DMV or another jurisdiction that meets or exceeds federal requirements on form and content, and:

(a) When issued or submitted in a paper format, incorporates security features that deter and detect counterfeiting or unauthorized reproduction, and makes any alterations visible to the naked eye.

(b) When issued or submitted electronically, provides security by means of an electronic signature, as defined in ORS 84.004.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060 & 821.080
Statutes/Other Implemented: ORS 803.102, 803.120, 803.122, 803.124, 803.126 & 49 CFR Part 580
DMV 26-2026, amend filed 08/13/2026, effective 09/01/2026
DMV 31-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 26-2021, amend filed 11/23/2021, effective 11/23/2021
DMV 45-2018, amend filed 11/20/2018, effective 11/20/2018
DMV 6-2014, f. & cert. ef. 7-9-14
DMV 5-2014, f. & cert. ef. 6-24-14
DMV 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-28-14
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92
MV 29-1987, f. & ef. 10-1-87, Renumbered from 735-110-0400
MV 23-1985, f. 12-31-85, ef. 1-1-86

Or. Admin. R. 735-028-0010 Vehicles Exempt from Odometer Disclosure Requirements

(1) The following vehicles are exempt from odometer disclosure requirements:

(a) A new vehicle that is transferred before it is sold to a retail customer, including the transfer of a new vehicle between vehicle dealers.

(b) A vehicle transferred solely to create, release or assign a security interest.

(d) All-terrain vehicles.

(e) A vehicle that has been reported stolen and has not been recovered.

(f) A vehicle originally manufactured without an odometer.

(g) A vehicle covered by a salvage title, if:

(A) The odometer has been destroyed, removed or is unreadable; or

(B) The frame or unibody is transferred separately from the odometer.

(h) A vehicle that has been wrecked, dismantled, disassembled or substantially altered and:

(A) The provisions of ORS 819.010 have been complied with and DMV has issued proof of compliance under 819.030; and

(B) The vehicle is acquired by a vehicle dismantler as defined under OAR 735-152-0000.

(i) A vehicle having a Gross Vehicle Weight Rating of more than 16,000 pounds.

(j) A vehicle that is not self-propelled.

(k) A vehicle with a model year of 2010 or older.

(L) A vehicle with a model year of 2011 or newer that is at least 20 years old on January 1 of the calendar year corresponding to its designated model year. For example, 2011 model year vehicles are exempt as of January 1 in calendar year 2031.

(m) A vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications.

(2) A lessor of any of the vehicles listed in paragraph (h)-(L) of section (1) of this rule does not need to notify the lessee of any of these vehicles of the disclosure requirements.

(3) DMV may require an applicant to submit additional information to verify the model year of a vehicle.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.045, 803.102 & 49 CFR 580.17
Statutes/Other Implemented: ORS 803.045 & 803.102
DMV 26-2021, amend filed 11/23/2021, effective 11/23/2021
DMV 45-2018, amend filed 11/20/2018, effective 11/20/2018
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
DMV 1-1997, f. & cert. ef. 1-17-97
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92
MV 12-1991, f. 9-18-91, cert. ef. 9-29-91
MV 51-1989, f. & cert. ef. 12-1-89
MV 29-1987, f. & ef. 10-1-87, Renumbered from 735-110-0410
MV 23-1985, f. 12-31-85, ef. 1-1-86

Or. Admin. R. 735-028-0020 Odometer Disclosure; Initial Application for Title with No Change in Ownership

(1) Unless exempt under OAR 735-028-0010, an odometer disclosure is required when a vehicle is initially titled in Oregon and there is no transfer of ownership, including but not limited to when:

(a) The vehicle owner listed on an out of state title is applying for an Oregon title; or

(b) The vehicle owner of an assembled vehicle is applying for a title.

(2) A vehicle odometer disclosure must be on a form approved by DMV that is complete, signed, and includes all of the following:

(a) The year model, make and VIN.

(b) The mileage on the odometer at the time of the reading and the date of the reading.

(A) Is the actual mileage;

(B) Is in excess of the designed mechanical odometer limits; or

(d) The signature of the vehicle owner.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.120 & 803.126
Statutes/Other Implemented: ORS 803.015, 803.045, 803.092 & 803.120 & 803.126
DMV 16-2006, f. & cert. ef. 11-17-06
MV 17-1993, f. & cert. ef. 12-17-93
MV 18-1992, f. 12-21-92, cert. ef. 1-1-93
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92
MV 29-1987, f. & ef. 10-1-87, Renumbered from 735-110-0420
MV 23-1985, f. 12-31-85, ef. 1-1-86

Or. Admin. R. 735-028-0030 Odometer Repair/Replacement Notice Requirements

(1) As used in this rule, odometer repair notice means the notice required under ORS 815.415 to be placed on a vehicle when:

(a) An odometer is serviced, repaired or replaced; and

(b) The work could not be performed without changing the mileage reading.

(2) The notice shall be permanently affixed to the left door frame of the vehicle and shall include all of the following:

(a) Information identifying the form as an odometer repair notice;

(b) The name and address of the individual, agency or business that performed the work;

(d) The mileage prior to the repair, replacement or service (ORS 815.415);

(e) The date the work was performed (ORS 815.415); and

(f) That removal of the notice is a Class C misdemeanor.

(3) Odometer disclosures submitted because an odometer was serviced, repaired or replaced shall be on a form provided by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) or other form acceptable to DMV, and must contain all of the following:

(a) Vehicle identification sufficient for DMV to identify the vehicle, such as the year, make and identification number;

(b) The odometer reading before the repair or replacement was done;

(d) The name of the business and a signature of a representative of the business that serviced, repaired or replaced the odometer.

(4) As provided in ORS 815.415, disclosures required under this rule shall be submitted to DMV within ten days of the completion of the work.

History

Statutory/Other Authority: ORS 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060, 821.080 & Ch. 873 & OL 1991
Statutes/Other Implemented: ORS 815.415 & 49 CFR Part 580
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92
MV 23-1985, f. 12-31-85, ef. 1-1-86, Renumbered from 735-110-0430

Or. Admin. R. 735-028-0040 Odometer Readings in Connection with an Odometer Disclosure

This rule establishes when and what DMV will record on an Oregon title or salvage title upon receipt of an odometer disclosure required by federal or state law.

(1) DMV will record on the title or salvage title the odometer reading and date disclosed upon a transfer of interest on the title or salvage title, if the transfer is subject to odometer disclosure requirements by statute or rule.

(2) Except as provided by section (3) of this rule, the odometer reading recorded on a title or salvage title shall be the most recent version received by DMV on a disclosure accompanying the title transaction.

(3) DMV may record an odometer reading other than the reading from the most recent disclosure when:

(a) The most recent disclosure is missing required information;

(b) DMV has reason to believe the odometer reading on the most recent disclosure is not accurate; or

(c) A request for a title correction is submitted to DMV to correct an erroneous odometer reading as provided under section (7) of this rule.

(4) If the transfer of interest is not subject to odometer disclosure requirements (e.g., removing a security interest holder), DMV will record the mileage shown on the previous title or salvage title.

(5) If DMV accepts an application without a disclosure from the seller, as provided under OAR 735-028-0090, DMV will record the mileage disclosed by the buyer.

(6) The odometer disclosure date recorded on the title or salvage title shall be the date the disclosure is made. If DMV is unable to determine the date the disclosure is made, the date shall be the date the application was processed in DMV's local offices, or, if received by mail, the date the application was received.

(7) DMV may correct an odometer reading recorded on a title or salvage title if a request for title correction is submitted to DMV:

(a) Within 90 days of the date the title was issued and before any subsequent transfer of interest; if the buyer or seller disclosed incorrect mileage at the time of transfer; or

(b) More than 90 days after the title was issued and before a subsequent transfer of interest requiring an odometer disclosure, if:

(A) DMV recorded the mileage or date incorrectly; or

(B) The request for title correction includes evidence satisfactory to DMV that the disclosure was made in error. Examples of evidence include a prior odometer disclosure made by the owner or a vehicle service record, or similar document that shows the date of service and odometer reading.

(8) DMV will not correct an odometer reading or date recorded on the title when questions concerning odometer disclosure arise and the title or salvage title is not subject to correction under section (4) of this rule, but may add the notation that the odometer reading is “not actual.”

(9) When an odometer disclosure received by DMV indicates the odometer reading does not reflect the actual mileage, exceeds the mechanical limits of the odometer, or the odometer on a salvage titled vehicle is not readable, DMV will record one of the following odometer messages on the title or salvage title:

(a) “Exceeds mechanical limits,” if the odometer disclosure indicates the odometer reading is in excess of the mechanical limits of the odometer;

(b) “Not actual,” if the odometer disclosure indicates the odometer reading does not reflect the actual mileage. “Not actual” will be recorded if “not actual” and any other message both apply. “Not actual” also may be recorded on the title if the odometer reading disclosed at transfer is less than a previously disclosed odometer reading, whether or not “not actual” is indicated on any odometer disclosure received by DMV;

(c) “Not readable,” if the vehicle has been destroyed, the odometer removed, or it otherwise is impossible to read the odometer of the vehicle because of damage to the vehicle or the odometer.

(10) DMV may, at its discretion, record any odometer message on a title or salvage title it believes appropriate if it has reason to believe:

(a) The odometer reading does not reflect the actual mileage; or

(b) The odometer reading reflects mileage in excess of the mechanical limits of the odometer.

(11) When a title or salvage title is submitted in support of an application for Oregon title, and the title contains a message not described under section (9) of this rule, DMV will record on the Oregon title — if issued — an odometer message DMV determines most accurately reflects the message on the title submitted with the application or the actual mileage of the vehicle.

(12) If the message “not readable” is recorded on an Oregon title or salvage title and the odometer is later repaired or replaced and can’t be reset to actual mileage, the message “not actual” will be recorded on the title.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060 & 821.080
Statutes/Other Implemented: ORS 803.015 & 49 CFR Part 580
DMV 11-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 6-2014, f. & cert. ef. 7-9-14
DMV 5-2014, f. & cert. ef. 6-24-14
DMV 1-2014(Temp), f. 3-25-14, cert. ef. 4-1-14 thru 9-28-14
MV 18-1992, f. 12-21-92, cert. ef. 1-1-93
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

Or. Admin. R. 735-028-0050 Odometer Disclosure Requirements Upon Transfer of Interest — When and from Whom Required

(1) The term “transfer” means any change of interest in a vehicle, whether by purchase, gift or any other means. The term applies, unless otherwise exempt, to vehicles:

(a) That have never been titled;

(b) That are titled in another jurisdiction;

(d) That are new;

(e) That are of original construction, or have been rebuilt, reconstructed or assembled; and

(f) Whether or not transfer is recorded with the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV).

(2) A transfer, as defined in section (1) of this rule, does not include:

(a) Changes in interest that are specifically exempt from odometer disclosure under ORS 803.102 or OAR 735-028-0010;

(b) Changes in interest if at least one of the owners is remaining the same (e.g., where a co-registered owner is being added or deleted); or

(3) Upon transfer of interest in a vehicle subject to odometer disclosure:

(a) The seller shall provide an odometer disclosure that contains all of the following:

(A) The odometer reading at the time of transfer, excluding tenths of a mile or kilometer;

(B) The date of transfer;

(C) The printed name and current address of the seller. If the seller is a business, the printed name of both the business and the printed name of the person signing for the business shall be included;

(D) The printed name and current address of the buyer. If the buyer is a business, the printed name of both the business and the printed name of the person signing for the business shall be included;

(E) The vehicle identifiers, including make, model, year, body type, and vehicle identification number;

(F) A certification whether, to the best of the seller’s knowledge, the odometer reading reflects the actual mileage, is in excess of the designed mechanical odometer limit, or does not reflect the actual mileage;

(G) The signature of the seller.

(b) The buyer shall:

(A) Sign the seller’s disclosure; and

(B) Return a copy to the seller.

(4) If a conforming title has been issued for the vehicle:

(a) The disclosure from the seller in whose name the title or salvage title was issued shall be made on the actual title or salvage title;

(b) Disclosures from other parties may be made on the title or on separate secure forms.

(5) If a nonconforming title has been issued for the vehicle, or the vehicle has never been titled but is not covered by a Manufacturer’s Certificate of Origin, disclosures shall be made on forms:

(a) Issued by the Oregon DMV, or the equivalent agency in another state which may include photocopies, facsimile copies, digitized copies or other reproductions of blank state forms other than secure forms;

(b) That contain all of the information required under section (3) of this rule; and

(6) If the vehicle is covered by a Manufacturer’s Certificate of Origin and a disclosure is required, it shall be made either:

(a) On the certificate of origin, that contains spaces for all the information required under section (3) of this rule; or

(b) On a disclosure form that contains all the information required under section (3) of this rule.

(7) If the transfer involves more than one seller (e.g., co-owners selling a vehicle), only one seller shall be required to sign the odometer disclosure.

(8) All of the following apply to leased vehicles that are otherwise subject to odometer disclosures upon transfer of interest:

(a) When the lessor is the seller, the lessor shall make the disclosure required of the seller. A lessor who transfers a leased vehicle without obtaining possession of it may, when making the odometer disclosure statement required from the seller, rely upon the mileage disclosed by the lessee to the lessor, as required by federal rules;

(b) When the lessee is the seller (i.e., the lessee acquired the vehicle under lease purchase and subsequently sells the vehicle), the lessee shall make the disclosure required of the seller;

(c) The lessee may acknowledge as purchaser the disclosure made by the seller, if the lessee is to be shown as the owner on the Oregon title.

(9) In the case of a transfer of interest by operation of law:

(a) If the owner whose interest is transferred would otherwise be required to complete an odometer disclosure, the person required to make the disclosure shall be:

(A) The person who transferred that owner’s interest, if that person has possession of or reasonable access to the vehicle (e.g., a sheriff or tow company); or

(B) The buyer, if the person who transferred that owner’s interest did not have possession or reasonable access to the vehicle (e.g., a court or bankruptcy judge).

(b) The disclosure shall be made on:

(A) The title for the vehicle, if the title is a conforming title and is available; or

(B) On a disclosure form issued by DMV, or some other state, if the title is a nonconforming title or if the title is not available, and ownership is being transferred without the title as allowed under Oregon law.

(10) A buyer or a seller may appoint an attorney in fact for purposes of odometer disclosure. Provisions covering the use of a power of attorney for odometer disclosure are as provided in OAR 735-028-0060 through 735-028-0080.

(11) When application for title or salvage title is required to be made, or is made on a vehicle subject to odometer disclosure under this rule, the required disclosure shall be submitted to DMV with the application for title or salvage title along with any other requirements.

(12) Dealers required to provide notice of purchase of a vehicle to DMV under ORS 803.105, shall not be required to include an odometer disclosure with the notice. This section, however, does not exempt dealers from obtaining or providing odometer disclosures, or from maintaining odometer disclosure records for vehicles they acquire or sell.

History

Statutory/Other Authority: ORS 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060, 821.080 & Ch. 873 & OL 1991
Statutes/Other Implemented: ORS 803.102 & 49 CFR Part 580
DMV 26-2026, amend filed 08/13/2026, effective 09/01/2026
MV 18-1992, f. 12-21-92, cert. ef. 1-1-93
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

Or. Admin. R. 735-028-0060 Restrictions on Use of a Power of Attorney for Odometer Disclosure

(1) A power of attorney may be used for making odometer disclosures required upon transfer of interest, when the party granted the power of attorney is a disinterested third party:

(a) As used in this rule and OAR 735-028-0070, “disinterested third party” means someone who is not the buyer or seller, or an employee, agent or representative of either;

(b) Provisions covering the form, content and use of a power of attorney by a disinterested third party are covered in OAR 735-028-0070.

(2) No person shall sign an odometer disclosure for both the seller and buyer in the same transaction (e.g., by power of attorney), except as provided in this section:

(a) A seller may grant the buyer power of attorney to make an odometer disclosure if:

(A) The seller’s title is lost, and the buyer is applying for a replacement title on behalf of the seller; or

(B) The seller’s title is being held by a lien holder.

(b) A buyer may grant power of attorney to the seller, if at the time the seller acquired the vehicle the seller was granted a power of attorney as provided in subsection (2)(a) of this rule, and has re-sold the vehicle prior to receiving the title. Any power of attorney granted under this subsection shall be made on the same form as completed by the original seller and buyer, under subsection (2)(a) of this rule.

(3) Provisions covering the form, content and use of a power of attorney between a buyer and seller are covered in OAR 735-028-0080.

History

Statutory/Other Authority: ORS 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.126, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060, 821.080 & Ch. 873 & OL 1991
Statutes/Other Implemented: ORS 803.120 - 803.124 & 49 CFR Part 580
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

Or. Admin. R. 735-028-0070 Odometer Disclosures — Power of Attorney Granted to Disinterested Third Party

All of the following apply to the use of powers of attorney for the purpose of making an odometer disclosure, when the power of attorney is granted by the buyer or seller to a “disinterested third party,” as defined in OAR 735-028-0060:

(1) The power of attorney may be on any form as long as it:

(a) Contains a vehicle description sufficient for the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) to identify the vehicle (e.g., year, make and vehicle identification number);

(b) Contains a statement as to what authority is being granted (e.g., authority to make odometer disclosure);

(d) Is signed by the person granting the power of attorney.

(2) The person who receives the authority granted by the power of attorney must exercise the power of attorney by completing an odometer disclosure in the same manner and form required under OAR 735-028-0050 of the person who granted the power of attorney.

(3) The power of attorney must be submitted to DMV with the title or title documents with which it is used. When application for title is submitted, DMV may accept a copy of a general power of attorney that is not limited to the authority to make an odometer disclosure or transfer title on a specific vehicle. DMV also may accept a copy if the power of attorney is lost. Any copy submitted with a manual signature shall include a certification signed by either the person who granted the power of attorney or the person who received the authority, that the document is a true copy of the original.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060 & 821.080
Statutes/Other Implemented: ORS 803.120, 803.122, 803.124 & 49 CFR Part 580
DMV 26-2026, amend filed 08/13/2026, effective 09/01/2026
DMV 12-2023, amend filed 05/15/2023, effective 05/15/2023
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

Or. Admin. R. 735-028-0080 Odometer Disclosures — Power of Attorney Between the Buyer and Seller

(1) A person may sign an odometer disclosure as both the buyer and seller by power of attorney only when allowed under OAR 735-028-0060.

(2) When a seller gives a power of attorney to the buyer for the purpose of making an odometer disclosure, they must use one of the following forms:

(a) DMV “Secure Power of Attorney,” Form 735-402;

(b) DMV “Secure Power of Attorney,” Form 735-402A;

(d) A secure form issued by another state that conforms to federal rules (49 CFR Part 580).

(3) DMV does not accept secure power of attorney forms for use in making odometer disclosures that are photocopies, facsimiles, digitized copies or other reproductions of such forms. This section does not prevent a person from making copies of completed forms for their records.

(4) DMV’s Secure Power of Attorney, Form 735-402, and the secure forms of some other states, are multi-copy forms, each copy of which is a secure form. When used as intended, completion of the original power of attorney will result in the other copies being completed with the same information. Such copies must be acceptable for submission to the state as otherwise provided in this rule.

(5) A seller who grants power of attorney under section (2) of this rule, shall complete Part A of the secure power of attorney form, including the seller’s signature and all other information required to be part of an odometer disclosure, as covered in OAR 735-028-0050.

(6) A buyer who receives power of attorney under section (2) of this rule shall print and sign their name in Part A of the secure power of attorney form and provide a copy of the form to the seller.

(7) Upon receipt of the seller’s title, the person granted the power of attorney shall determine whether the mileage disclosed on the power of attorney is less than the mileage shown on the title:

(a) If the mileage disclosed on the power of attorney is greater than the mileage shown on the title, the person may use the power of attorney to make the required disclosure:

(A) If the title is a conforming title, the person shall complete the space for mileage disclosure on the title exactly as the mileage was disclosed on the power of attorney;

(B) If the title is a non-conforming title, the power of attorney form itself may be considered the disclosure, and the person need not complete a separate state-issued disclosure form.

(b) If the mileage disclosed on the power of attorney is less than the mileage shown on the title, and there is no indication from the seller on Part A of the power of attorney that the mileage has exceeded the mechanical limits of the odometer or that the mileage is not actual, the power of attorney is void for the purpose of making an odometer disclosure. In this case, the person granted the power of attorney may not make the disclosure on the title and shall obtain a new disclosure from the seller. This subsection does not apply if it is determined that DMV or another state made an error in recording the mileage on the title, and that the actual mileage reported and which should have been shown on the title was less than that reported on the power of attorney.

(8) If the person who is granted power of attorney under section (2) of this rule resells the vehicle prior to receipt of the title, and if the new buyer elects to grant power of attorney to that person for the purpose of making an odometer disclosure, the exact power of attorney form that was completed under sections (2) through (6) of this rule shall be used. In granting power of attorney under this section, the new buyer:

(a) Grants authority for the seller to sign all papers and documents required to secure title on the buyer’s behalf;

(b) Grants authority for the seller to make the odometer disclosure on the title, only if the disclosure is exactly as completed on the power of attorney; and

(c) Acknowledges that the buyer is aware of the odometer disclosure made under Part A of the power of attorney form the buyer is signing.

(9) When power of attorney is granted under section (8) of this rule:

(a) The seller who is granted power of attorney shall complete Part B of the secure power of attorney form, including the seller’s signature and all other information required to be part of an odometer disclosure, as covered in OAR 735-028-0050;

(b) The new buyer shall sign their name in Part B of the power of attorney;

(d) Upon receipt of the title, the person who is granted power of attorney shall comply with the provisions of section (7) of this rule; and

(e) If the title is a conforming title, and the power of attorney is not void and is being used to make a disclosure under both Parts A and B of the power of attorney form, the person granted the power of attorney shall also complete Part C of the power of attorney form. Part C of the power of attorney includes, but is not limited to:

(A) The signature, printed name and address of the person exercising the power of attorney;

(B) A certification that the person has disclosed the mileage on the title as it was disclosed on the power of attorney, that the person has examined the title and any reassignment documents, and that the examination indicated the mileage disclosed on the power of attorney is greater than that shown on the title and any reassignment documents;

(10) A person who is granted and who exercises a power of attorney under this rule shall complete the required odometer disclosure(s) on the title when received. The person shall provide the original power of attorney or one of the secure copies of a multi-copy form to:

(a) The Oregon DMV, along with the title and any other requirements, if that person is applying for title in their name or on behalf of the new applicant; or

(b) Whomever that person provides the title.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060 & 821.080
Statutes/Other Implemented: ORS 803.120, 803.122, 803.124 & 49 CFR Part 580
DMV 26-2026, amend filed 08/13/2026, effective 09/01/2026
DMV 12-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 19-2022, temporary amend filed 12/20/2022, effective 12/21/2022 through 06/18/2023
MV 18-1992, f. 12-21-92, cert. ef. 1-1-93
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

Or. Admin. R. 735-028-0090 Odometer Disclosure a Requirement for Issuance of Title, Exceptions

(1) In order to issue a title, DMV must receive an odometer disclosure that meets the requirements of this division, unless the vehicle is exempt as described in OAR 735-028-0010.

(2) Except as otherwise provided in this rule, if there has been more than one transfer since the last title or other primary ownership document was issued (e.g., the owner sold the vehicle to a dealer who sold it to another person) the following odometer disclosures are required:

(a) Between the owner (seller) in whose name the last title or other primary ownership document was issued and the first buyer; and

(b) Between the person who last transferred the vehicle and the current applicant for title.

(3) If a vehicle is transferred through multiple parties (e.g., a vehicle sold from dealer to dealer), only the first and last disclosure must be submitted to DMV as provided in section (2) of this rule. However, this does not exempt the in-between owners from requirements to obtain, provide, and in some cases, maintain records on odometer disclosures, as otherwise required by DMV rules, federal law or federal rules.

(4) DMV may accept an odometer disclosure from the buyer, rather than the seller, or accept a transfer where only one of the two disclosures required under section (2) of this rule is provided, in the following situations:

(a) The most recent buyer does not receive the required disclosure(s) from the seller or the disclosure is subsequently lost or destroyed, and the seller is not available or refuses to provide the required disclosure(s);

(b) Interest is transferred by operation of law and the person who transferred interest did not have possession of or reasonable access to the vehicle, such as a transfer ordered by a court;

(d) The owner shown on an out-of-state title does not make a disclosure. This exception does not apply if the owner on an out-of-state title sells the vehicle directly to an Oregon business required to keep records of odometer disclosures, identified in section (6) of this rule;

(e) The owner shown on an Oregon title sells the vehicle to an out-of-state dealer and does not make a disclosure, and the vehicle is subsequently transferred to an Oregon buyer.

(5) When accepting a disclosure from the buyer or accepting a transfer where only one of the two disclosures required under section (2) of this rule is received, DMV may require additional evidence or information as to why a disclosure from the seller or person required to provide the disclosure has not been provided:

(a) When a transfer occurs between private parties or businesses not required by federal rule or law to maintain odometer disclosure records, in lieu of evidence, DMV:

(A) May accept a certification from the buyer that includes a statement that a disclosure from the seller is not available; or

(B) If one of the two disclosures required under section (2) of this rule is provided, DMV may accept the transfer without requiring an additional disclosure or certification.

(b) When a vehicle is sold by or through a business required by federal rule to maintain odometer disclosure records, in addition to the certification described in subsection (5)(a) of this rule, DMV may require any or all of the following:

(A) Evidence that the buyer attempted to get the required disclosure from the seller, or evidence that the seller no longer is in business;

(B) A statement, certification or other evidence from the seller stating why the seller is unable to provide the required disclosure information; or

(A) DMV will accept a certification from the buyer as provided in subsection (5)(a) of this rule, without requiring further information or evidence as to the availability of a disclosure from the person who transferred the interest, if the transfer is of the type where the person who is transferring interest would in many cases not have possession of, or reasonable access to, the vehicle (e.g., transfer by court order or bankruptcy trustee);

(B) DMV may require the information described in subsection (5)(b) of this rule, if the transfer is of a type where the person who is transferring interest would in most cases have possession of or reasonable access to the vehicle (e.g., possessory lien sale or sheriff's sale).

(6) Businesses required to maintain odometer disclosure records under federal rule or law include:

(a) Auction companies, which as used in this rule, includes any person who takes possession (whether through consignment or bailment, or through any other arrangement) of a motor vehicle owned by another person for purposes of selling such motor vehicle at an auction;

(b) Dealers, which for the purpose of odometer disclosures under this rule and under federal odometer provisions, includes:

(A) Any person who meets the definition of "dealer" as defined in OAR 735-150-0010, regardless of whether the person holds a business certificate issued under ORS Chapter 822; and

(B) Any person who meets the definition of "dealer" in federal rules and laws (i.e., has sold five or more motor vehicles in the past 12 months to purchasers who in good faith purchase such vehicles for purposes other than resale). For the purpose of this rule, DMV considers any Oregon dismantler or dealer who holds a certificate issued under ORS Chapter 822 to meet this definition.

(c) Distributors, which as used in this rule, means any person who has sold five or more vehicles in the past 12 months for resale; and

(d) Lessors, which as used in this rule, means any person or agent for any person who has leased five or more motor vehicles in the past 12 months.

(7) In addition to any information or documents required under section (5) of this rule, and except as otherwise provided in this rule, disclosures accepted from buyers must contain at least the following:

(a) The odometer reading, excluding tenths of a mile or kilometer;

(b) Vehicle information sufficient for DMV to identify the vehicle;

(c) A certification as to whether, to the best of the person's knowledge, the odometer reading reflects the actual mileage, is in excess of the designed mechanical odometer limit, or does not reflect the actual mileage;

(d) The printed name and written signature of the buyer; and

(e) The buyer's address.

(8) DMV may accept a disclosure on a form other than required under OAR 735-028-0020 through 735-028-0090:

(a) Examples of situations where DMV may accept alternative forms include:

(A) A disclosure required to be on a title that is in the possession of, and is being retained by DMV;

(B) DMV accepting a disclosure as provided under section (5) of this rule; or

(b) DMV will not accept a disclosure on an alternative form when:

(A) A dealer signs a disclosure as both seller and buyer and does not use a secure power of attorney form; or

(B) A dealer uses a secure power of attorney form to make a disclosure when the title was not lost or in the possession of a lienholder.

(9) DMV may accept an odometer disclosure that does not contain all the information required by rule, if the documents received by DMV contain all of the following:

(a) The odometer reading;

(b) A certification as to whether, to the best of the person's knowledge, the odometer reading reflects the actual mileage, mileage in excess of the designed mechanical limit of the odometer, or does not reflect the actual mileage;

(d) The signature of the person making the disclosure.

(10) DMV may accept a secure power of attorney that does not contain all the information required by rule, if the documents received by DMV contain all of the following:

(a) The odometer reading;

(d) The signature of the person granting power of attorney; and

(e) The signature of the named attorney.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.140, 803.207, 803.370, 803.475, 805.120, 815.405, 821.060 & 821.080
Statutes/Other Implemented: ORS 803.120, 815.425 & 49 CFR Part 580
DMV 12-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 26-2021, amend filed 11/23/2021, effective 11/23/2021
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
MV 18-1992, f. 12-21-92, cert. ef. 1-1-93
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

Or. Admin. R. 735-028-0100 Expedited Title Services

This rule establishes the procedures and requirements to obtain expedited title services from DMV under ORS 803.207.

(1) For purposes of ORS 803.207 and this rule, ”expedited services” means a special service provided by DMV to priority-process a title transaction — when it is necessary — in order to comply with federal odometer disclosure requirements (odometer disclosure). Expedited services may include a registration transaction, if applicable.

(2) Expedited services are limited to title transactions that meet all of the following:

(a) There is a transfer of ownership interest in a vehicle that is subject to odometer disclosure (subject vehicle);

(b) The title is lost, destroyed or mutilated, or the assignments and odometer disclosures on the current Oregon title will not be accepted by an out-of-state purchaser’s home jurisdiction; and

(c) A replacement or new Oregon title is needed as soon as possible in order to complete the required odometer disclosure.

(3) Examples of expedited services transactions include:

(a) When an Oregon vehicle dealer acquires a subject vehicle, the title is lost, destroyed or mutilated and a replacement title is necessary in order for the dealer to timely perfect a new security interest or timely provide a new title to a vehicle purchaser.

(b) When a non-Oregon resident purchases a subject vehicle in Oregon and is required to obtain an Oregon title in order to comply with the odometer disclosure requirements of the purchaser’s home jurisdiction.

(4) To request expedited services, a person must mail the following to DMV:

(a) A written explanation signed by the person making the request that states why the transaction should be expedited and how the request relates to odometer disclosure requirements. This subsection does not apply to an Oregon certified vehicle dealer requesting expedited services;

(b) An application for title, an application for registration (if applicable), and any other required documents or fees; and

(5) A request under section (4) of this rule must be mailed to: Expedite Desk c/o DMV Headquarters, 1905 Lana Avenue NE, Salem, Oregon 97314.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 802.200, 803.015, 803.045, 803.050, 803.065, 803.092, 803.094, 803.097, 803.102, 803.120, 803.122, 803.124, 803.140, 803.207, 803.370, 805.120, 815.405 & 821.060 and 821.080
Statutes/Other Implemented: ORS 803.207
DMV 8-2008, f. & cert. ef. 3-21-08
MV 8-1992, f. 6-30-92, cert. ef. 7-1-92

Or. Admin. R. 735-028-0110 Providing Secure Forms; Definitions

As used in OAR 735-028-0110, 735-028-0125, 735-028-0150 and 735-028-0160 and any agreement entered into under ORS 803.124 and OAR 735-028-0120:

(1) “DMV” means the Driver and Motor Vehicles Services Division of the Oregon Department of Transportation.

(2) “End user” means a person who buys or sells vehicles, or provides lending services for vehicles on a regular basis, including certified vehicle dealers, auto auctions, title companies and lending institutions.

(3) “Odometer disclosure form” means the paper document printed by secure process that is issued by a jurisdiction and contains the following information required by state or federal law upon a transfer of an interest in a motor vehicle:

(b) Depending on the type of transaction, any other information required by rule to be on the disclosure.

(4) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation or any other legal or commercial entity.

(5) “Power of attorney form” means the paper document set forth by secure printing process or other secure process which is issued by a jurisdiction pursuant to 49 CFR §§ 580.13 or 580.14.

(6) “Secure Forms Agent” or “Agent” means a person authorized by DMV by written agreement to provide secure forms to end users under the authority of ORS 803.124.

(7) “Secure Form” means a State of Oregon Secure Odometer Disclosure/Reassignment form (DMV Form 403A) or a State of Oregon Secure Power of Attorney form (DMV Form 402A), used for the purpose of making an odometer disclosure statement as required by state and federal laws.

(8) “Service Fee” means the fee amount established under OAR 735-028-0125 that a secure forms agent may charge an end user to provide secure forms.

(9) “Vendor” means a person authorized by written agreement with the Oregon Department of Administrative Services to print, store and provide secure forms to DMV and secure forms agents.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.102, 803.120, 803.124, 803.124 & 803.370
Statutes/Other Implemented: ORS 802.200, 803.092 & 803.124
DMV 12-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 19-2022, temporary amend filed 12/20/2022, effective 12/21/2022 through 06/18/2023
DMV 27-2020, minor correction filed 08/04/2020, effective 08/04/2020
DMV 2-2015, f. & cert. ef. 4-21-15
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

Or. Admin. R. 735-028-0120 Requirements for Authorization as a Secure Forms Agent

(1) DMV may authorize a person as a secure forms agent to purchase secure forms from a vendor to sell and distribute secure forms to end users on behalf of DMV as provided in ORS 803.124.

(2) An authorized secure forms agent is subject to all Oregon laws and DMV rules related to the distribution and sale of secure forms.

(3) A person that wishes to become a secure forms agent must submit a completed and signed secure forms agent agreement by mail to:

DMV Vehicle Programs

Attn: Vehicle Programs Manager

1905 Lana Avenue NE

Salem, OR 97314

(4) DMV will provide the applicant a copy of the secure forms agent agreement signed by the Vehicle Programs Manager if DMV approves the application. If DMV rejects the applicant’s submission of a secure forms agent agreement, DMV will notify the applicant of the rejection in writing.

(5) DMV will reject a secure forms agent agreement, if the person:

(a) Submits a secure forms agent agreement that contains false information; or

(b) Has been terminated as a secure forms agent for any reason.

(6) A person whose application has been rejected may not reapply for at least one year from the date of the rejection.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 803.124
Statutes/Other Implemented: ORS 803.124 & 49 CFR Part 580
DMV 2-2015, f. & cert. ef. 4-21-15
MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

Or. Admin. R. 735-028-0125 Fee for Providing Secure Forms

(1) An agent may charge the end user a service fee authorized under ORS 803.124 for the service of providing secure forms. A service fee may not exceed 200 percent of the agent’s cost to purchase secure forms from the vendor or a person described in OAR 735-028-0160. In addition to the service fee, an agent may charge an end user the actual distribution costs for the delivery of secure forms to the end user.

(2) Upon request, a secure forms agent must provide DMV a breakdown of the actual distribution costs associated with providing secure forms to the end user.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 803.124
Statutes/Other Implemented: ORS 803.124 & 49 CFR Part 580
DMV 12-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 19-2022, temporary amend filed 12/20/2022, effective 12/21/2022 through 06/18/2023
DMV 2-2015, f. & cert. ef. 4-21-15

Or. Admin. R. 735-028-0150 Control of Secure Forms — End User Responsibilities

An end user who purchases secure forms from a secure forms agent, a vendor or DMV:

(1) May use the forms only in conjunction with transfers of interest in vehicles the end user owned, currently owns or for which the end user is granted power of attorney; and

(2) May not sell or provide the forms to other parties except as required to complete a transfer of interest in a vehicle as described in section (1) of this rule.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 803.124
Statutes/Other Implemented: ORS 803.124 & 49 CFR Part 580
DMV 2-2015, f. & cert. ef. 4-21-15
MV 18-1992, f. 12-21-92, cert. ef. 1-1-93

Or. Admin. R. 735-028-0160 Secure Forms Limited Availability

(1) A secure forms agent may purchase odometer disclosure forms or power of attorney forms that meet or exceed federal requirements for form and content from a state or a person who supplies forms to another state who is not the vendor when:

(a) The secure forms agent has submitted a purchase order for new secure forms to the vendor;

(b) The vendor notifies DMV and the secure forms agent that the vendor is unable to provide secure forms in the amount requested to the secure forms agent; and

(2) A secure forms agent may sell the odometer disclosure forms or power of attorney forms purchased in accordance with section (1) of this rule to end users until the secure forms agent exhausts the supply purchased during the time Oregon forms were not available.

(3) A secure forms agent must provide DMV with a copy of the purchase order between the secure forms agent and the state or a person who supplies forms to another state described in section (1) of this rule upon request.

(4) DMV will not reimburse the secure forms agent for any unused odometer disclosure forms or power of attorney forms purchased by the secure forms agent from a state or a person who supplies forms to another state described in section (1) of this rule.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.124 & 49 CFR §580.3
Statutes/Other Implemented: ORS 803.124
DMV 12-2023, adopt filed 05/15/2023, effective 05/15/2023
DMV 19-2022, temporary adopt filed 12/20/2022, effective 12/21/2022 through 06/18/2023

Division 30 GENERAL REGISTRATION PROVISIONS

Or. Admin. R. 735-030-0001 Purpose

Vehicle registration involves a variety of factors including vehicle type, the specific use of the vehicle, the size or weight of the vehicle, whether the vehicle is new, in which county the vehicle is based, whether the vehicle is subject to different federal regulations and other factors. The purpose of this division is to provide clarification on these various factors by:

(1) Establishing classifications of vehicles upon which vehicle registration fees are imposed.

(2) Establishing how a person registering a taxable motor vehicle will be exempt from or will pay a use tax.

(3) Specifying when owner certifications are required when registering specific vehicles.

(4) Specifying when vehicle registration fees are applicable.

(5) Establishing the procedures and requirements for DMV’s collection of county or district registration fees pursuant to ORS 801.040, 801.041, 801.042 and 803.445.

(6) Establishing when proof of payment of HVUT is required and what proof is acceptable.

(7) Establishing what constitutes proof of compliance with Oregon Low-Emission Vehicle Program standards implemented by DEQ under OAR chapter 340, division 257 for purposes of motor vehicle registration under ORS 803.350.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 802.110, 803.305, 803.310, 803.350, 803.370 & 803.420
Statutes/Other Implemented: ORS 803.305, 803.310, 803.350, 803.370, 803.420 & 803.445
DMV 24-2017, adopt filed 12/19/2017, effective 01/01/2018

Or. Admin. R. 735-030-0005 Definitions

The following definitions apply to terms in OAR 735-030-0001 to 735-030-0105:

(1) “Assembled vehicle” is as defined in ORS 801.130.

(2) "California motor vehicle emissions standards" means vehicle emissions regulations first adopted by California and which may be adopted by other states under sections 177 and 209 of the federal Clean Air Act (42 USC §§ 7505 and 7543).

(3) “County” means a unit of local government as defined in ORS 190.003.

(4) “County or district ordinance” means an ordinance enacted by the governing body of a county or district establishing registration fees imposed on subject vehicles.

(5) “County or district registration fees” means county vehicle registration fees or district vehicle registration fees established and imposed under a county or district ordinance and collected by DMV upon registration and renewal of registration of a subject vehicle.

(6) "Custom vehicle" means a motor vehicle that:

(a) Is a street rod as defined under ORS 801.513; or

(b) Was manufactured to resemble a vehicle at least twenty-five model years old and of a model year after 1948; and

(A) Has been altered from the manufacturer's original design; or

(B) Has a body constructed from non-original materials.

(7) “DEQ” means the Oregon Department of Environmental Quality.

(8) “DOR” means the Oregon Department of Revenue.

(9) “District” means a unit of local government as defined in ORS 190.003 and includes a mass transit or transportation district, or a metropolitan service district, as defined in ORS 801.237.

(10) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(11) "Emission control label" or "emissions label" means a tag, plate, or sticker made of metal, plastic or other material that is permanently affixed to a motor vehicle by the manufacturer in an area within the engine compartment (if any) or to the engine.

(12) "HVUT" means the Federal Heavy Vehicle Use Tax levied on certain vehicles.

(13) "IRS" means the Internal Revenue Service of the United States.

(14) "MCO" means Manufacturer's Certificate of Origin as defined in OAR 735-022-0300.

(15) “Merchant fee” means the fee charged to DMV by a credit or debit card company each time a customer uses a credit or debit card to pay registration fees, including county or district registration fees, to process a credit or debit card transaction.

(16) "Model year" is the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of a vehicle manufactured in two or more stages, the time of manufacture is the date of completion of the chassis.

(17) "New vehicle" means a motor vehicle with 7,500 miles or less on the odometer when the vehicle is initially registered under ORS 803.420(6)(a), 805.100 or 805.120.

(18) "Oregon Low-Emission Vehicle Program standards" means low emission motor vehicle standards as adopted by the Department of Environmental Quality in OAR chapter 340, division 257.

(19) “Proof of purchase document” means a receipt, bill of sale, invoice, or other sales document from a dealer from which DMV can determine where and from whom the vehicle was purchased and the retail sales price of the vehicle and may also include information showing that a privilege, excise, sales or use tax has been collected.

(20) "Receipted" means stamped by the IRS indicating that payment has been received or that the tax was suspended.

(21) “Registration” means the initial recording of a vehicle within the State of Oregon pursuant to ORS 803.350.

(22) “Registration renewal” or “renewal” means an extension of registration.

(23) “Replica” is as defined in ORS 801.425.

(24) “Retail sales price” is as defined by the DOR in OAR 150-320-0400.

(25) “State registration fees” means the fee amounts collected under ORS 803.420 upon initial registration or registration renewal of a vehicle authorized to operate for use within the State of Oregon pursuant to ORS 803.350.

(26) “Subject vehicle” means a vehicle registered or required to be registered at a residence or business address within a county or district and which is subject to a county or district registration fee.

(27) "Tax Period" means the Federal Heavy Vehicle Use Tax period running from July 1 to June 30 of the following year.

(28) “Taxable motor vehicle” is as defined in ORS 320.400 as amended by Oregon Laws 2018, chapter 93, section 10.

(29) "Un-Receipted" means not stamped by the IRS indicating that payment has been received or that the tax was suspended.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.110, 803.305, 803.310, 803.350, 803.370, 803.420 & 803.445
Statutes/Other Implemented: ORS 803.305, 803.310, 803.350, 803.370, 803.420 & 803.445
DMV 37-2018, amend filed 08/22/2018, effective 08/22/2018
DMV 1-2018, minor correction filed 01/03/2018, effective 01/03/2018
DMV 24-2017, adopt filed 12/19/2017, effective 01/01/2018

Or. Admin. R. 735-030-0015 Classification of Vehicles for Purposes of Registration Fees

DMV will use definitions found in the Oregon Vehicle Code to determine classifications for the purposes of imposing vehicle registration fees found in ORS 803.420. DMV will use the following definitions for the types of vehicles listed below, as no definition exists in the Oregon Vehicle Code:

(1) A “passenger vehicle” means a car, pick-up, van, SUV or other motor vehicle, designed and used to transport people, with a combined weight of 8,000 pounds or less, and not otherwise provided for in ORS 803.420 or ORS 821.320.

(2) A “utility or light trailer” means any trailer having a loaded weight of 8,000 pounds or less, except trailers for hire or rent, travel trailers, special use trailers and fixed loads.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 803.420
Statutes/Other Implemented: ORS 803.420
DMV 24-2017, adopt filed 12/19/2017, effective 01/01/2018

Or. Admin. R. 735-030-0025 Proof that Use Tax has Been Paid or Is Not Required

(1) A taxable motor vehicle is subject to use tax if it is purchased from a dealer located outside of Oregon and therefore is not subject to Oregon’s privilege tax.

(2) Except as provided in ORS 803.203(1)(c), DMV will not title, register, or title and register a vehicle subject to use tax without receiving or viewing documentation issued by DOR showing that the use tax has been paid or otherwise satisfied.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 803.203
Statutes/Other Implemented: ORS 320.400, 320.410, 320.470, 320.485 & 803.203
DMV 1-2020, minor correction filed 01/02/2020, effective 01/02/2020
DMV 25-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 37-2018, amend filed 08/22/2018, effective 08/22/2018
DMV 4-2018, minor correction filed 03/12/2018, effective 03/12/2018
DMV 24-2017, adopt filed 12/19/2017, effective 01/01/2018

Or. Admin. R. 735-030-0035 Owner Certification

(1) An owner registering a vehicle used exclusively to transport manufactured structures, at a combined weight that does not require the vehicle to be registered with the Motor Carrier Transportation Division of the Oregon Department of Transportation, must certify that it is used exclusively to transport manufactured structures on an Application for Title and Registration (DMV form 735-226).

(2) An owner registering a vehicle used exclusively as described in ORS 822.210 must include the documentation required in OAR 735-154-0010 when registering a vehicle.

(3) An owner registering a vehicle as a charitable or nonprofit vehicle must complete the Charitable/Non-Profit Vehicle Registration Certification (DMV form 735-149).

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 803.420
Statutes/Other Implemented: ORS 803.420
DMV 24-2017, adopt filed 12/19/2017, effective 01/01/2018

Or. Admin. R. 735-030-0045 Application of Vehicle Registration Fees

(1) This rule applies to any change in registration fees. Regardless of when an applicant applies for registration or renewal of registration or pays the registration fee, DMV will require payment of the registration fee in effect at the time the registration period begins.

(2) When application is made for renewal of registration for a registration period that begins before the date a fee change takes effect, the registration renewal fee is the fee amount in effect before the change.

(3) When application is made for registration or renewal of registration for a registration period that begins on or after the date a fee change takes effect, the fee is the fee amount in effect after the change.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 803.420
Statutes/Other Implemented: ORS 803.420 & 803.422
DMV 30-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 18-2017, renumbered from 735-032-0050, filed 10/25/2017, effective 10/25/2017
DMV 16-2007, f. 12-24-07, cert. ef. 1-1-08
MV 10-1993, f. 10-22-93, cert. ef. 11-4-93

Or. Admin. R. 735-030-0055 Collection of County or District Registration Fees

(1) DMV will collect county or district registration fees, upon request of a county or district qualified under ORS 801.041 or 801.042 to impose vehicle registration fees. DMV will collect county or district registration fees in addition to state registration fees.

(2) Before collecting county or district registration fees, the county or district must enter into an intergovernmental agreement with DMV. The intergovernmental agreement will include the following:

(a) A citation of the county or district ordinance number authorizing the imposition of county or district registration fees and granting DMV authority to collect county or district vehicle registration fees;

(b) A description of each vehicle type subject to county or district registration;

(c) For each vehicle type subject to county or district registration fees, the county or district registration fee amount(s) and the registration period(s);

(d) The date DMV will begin collecting county or district registration fees;

(e) A per-transaction administrative fee to cover DMV expenses, which will be deducted prior to transfer of county or district registration fees to the county or district. A per-transaction administrative fee does not include merchant fees, refunds or uncollectible debt;

(f) A description of how and when the moneys collected by DMV under the agreement are paid to the county or district after the deduction of DMV’s expenses for collection, transfer and administration of county vehicle registration fees, and any deduction for credits described in ORS 803.445(5); and

(g) The method for resolving disputes regarding imposition and collection of a county or district registration fee by a vehicle owner and payment of a refund if it is determined a fee was collected in error or it is determined no county or registration fee is owing.

(3) DMV will transfer to the county or district the moneys due on a monthly basis unless another basis is established in the intergovernmental agreement between DMV and the county or district.

History

Statutory/Other Authority: ORS 184.616, 184.619, 190.110, 801.040, 801.041, 801.042, 802.010, 802.110, 803.420 & 803.445
Statutes/Other Implemented: ORS 801.040, 801.041, 801.042, 802.110, 803.420 & 803.445
DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 18-2017, renumbered from 735-032-0065, filed 10/25/2017, effective 10/25/2017
DMV 22-2010, f. & cert. ef. 12-22-10
DMV 12-2010(Temp), f. & cert. ef. 6-16-10 thru 12-10-10

Or. Admin. R. 735-030-0057 Notification of Employment Address; Exemption from County Registration Fees

(1) For the purposes of this rule, the following definitions apply:

(a) “Authorized agency representative” means a person authorized to act on behalf of the public agency by law or the director of the agency.

(b) “Eligible employee” has the same meaning as defined in ORS 802.250.

(d) “Residence address” has the same meaning as defined in OAR 735-010-0008.

(2) To notify DMV when an eligible employee or household member’s residence address is not within the county of the employment address as provided by ORS 801.041, the public agency employing the eligible employee must submit to DMV a completed and signed Request for Police or Public Agency Address on DMV Records (DMV form 735-6438A). The form must:

(a) Include a written certification from an authorized agency representative stating that the eligible employee or household member’s residence address is not within the county of the employment address; and

(b) Be submitted to: DMV Confidential Records Desk, 1905 Lana Ave. NE, Salem, OR, 97314.

History

Statutory/Other Authority: ORS 184.616, 184.619, 190.110, 801.040, 801.041, 802.010, 802.110, 803.420 & 803.445
Statutes/Other Implemented: ORS 801.040, 801.041, 802.110, 803.420 & 803.445
DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 18-2017, renumbered from 735-032-0070, filed 10/25/2017, effective 10/25/2017
DMV 8-2015, f. 11-17-15, cert .ef. 1-1-16

Or. Admin. R. 735-030-0065 Vehicles Subject to or Exempt from Providing HVUT Documentation

(1) A person applying for registration or renewal of registration of the following vehicles must include proof of HVUT compliance with the registration application:

(a) A motor vehicle with a registration weight of 20,001 pounds or more and is registered by loaded weight.

(b) A motor vehicle registered at an unloaded weight of 8,001 pounds or more and is registered by unloaded weight (e.g., a vehicle registered under ORS 805.300).

(d) A school busor school activity vehicle registered under ORS 805.050.

(2) Proof must be for the current tax period during which the registration is applied for, except DMV will accept proof from the previous tax period when registration is applied for between July 1 and September 30 of any given year.

(3) Vehicles exempt from providing HVUT documentation are:

(a) Motor homes;

(b) Vehicles registered under ORS 805.040;

(c) All self-propelled fixed load vehicles as defined under ORS 801.285 and that have a registered weight in excess of 3,000 pounds; and

(d) Any other vehicle not described in section (1) of this rule.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.370 & 26 CFR part 41
Statutes/Other Implemented: ORS 803.370
DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 18-2017, renumbered from 735-030-0010, filed 10/25/2017, effective 10/25/2017
MV 45-1989, f. & cert. ef. 10-16-89
MV 35-1987, f. 11-18-87, ef. 12-1-87, Renumbered from 735-100-0360

Or. Admin. R. 735-030-0075 HVUT Proof

Proof of HVUT compliance may be in the form of:

(1) An original or photocopy of a receipted Schedule 1 portion of the IRS Form 2290 for the current tax period;

(2) A photocopy of both pages of an un-receipted IRS Form 2290 for the tax period in which application for registration was made plus proof of payment. Proof of payment may be in the form of:

(a) A canceled check showing payment was made to the IRS;

(b) A photocopy of the front and back of a canceled check showing that payment was made to the IRS; or

(3) An indicator on the DMV computer record for the vehicle showing that proof of compliance was previously provided for the current tax period;

(4) A receipted Schedule 1 portion of the Form 2290 for taxable period immediately preceding those months if the vehicle is being registered or renewed in July, August or September; or

(5) Documentation from the IRS which indicates the tax has been filed or reported to the IRS.

(6) Proof that the HVUT has been suspended, such as:

(a) An original or photocopy of a current, receipted Schedule 1 portion of the IRS Form 2290;

(b) Documentation from the IRS which indicates the tax has been suspended; or

(7) Proof of exemption from having to show proof of payment or suspension of the tax, such as:

(a) The original or photocopy of a bill of sale or other documents which show the vehicle was purchased by the owner during the sixty days immediately prior to the date the application for registration was received by DMV;

(b) A signed statement from the applicant that the vehicle is not considered a "highway motor vehicle" under the Internal Revenue Code 26 USC §§ 4481 to 4483; or

(c) For school busses and school activity vehicles registered under ORS 805.050, a statement from the applicant that the vehicle is government owned or operated or that the combined gross vehicle weight is less than 55,000 pounds.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.370 & 26 CFR part 41
Statutes/Other Implemented: ORS 803.370
DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 18-2017, renumbered from 735-030-0020, filed 10/25/2017, effective 10/25/2017
MV 45-1989, f. & cert. ef. 10-16-89
MV 27-1988, f. & cert. ef. 12-1-88
MV 35-1987, f. 11-18-87, ef. 12-1-87, Renumbered from 735-100-0370

Or. Admin. R. 735-030-0085 Proof of Compliance with Oregon Low-Emission Vehicle Program Standards

(1) Unless exempt under OAR 735-030-0095, DMV will not issue registration to a new vehicle as defined under 735-030-0005 unless the applicant for registration provides proof to DMV that the vehicle meets Oregon Low-Emission Vehicle Program standards. Proof under this section must be provided to DMV at the time of application. DMV will accept the following as proof that a vehicle meets Oregon Low-Emission Vehicle Program standards:

(a) An MCO that shows the vehicle complies with California motor vehicle emissions standards; or

(b) Verification by DMV that the vehicle’s emission control label complies with section (3) of this rule.

(2) An emission controls label contains vehicle information that includes:

(a) The engine family number and engine displacement;

(b) Manufacturer identification and trademark;

(d) Oregon Low-Emission Vehicle program standards compliance information as described in section (3) of this rule.

(3) For purposes of section (1) of this rule, an MCO or Emission control label must include at least one of the following:

(a) “This vehicle conforms to (or with) U.S. EPA and state of California regulations;”

(b) “This vehicle conforms to (or with) U.S. EPA regulations and is certified for sale in California;”

(d) “This vehicle has a California emission system;”

(e) “This vehicle meets/satisfies California emission standards;”

(f) “This vehicle is certified/legal for sale in California;”

(g) “This vehicle is certified/legal for sale in 50 states;” or

(h) A similar statement that clearly indicates the vehicle complies with California emission standards/Oregon Low-Emission Vehicle Program standards, is certified legal for sale in 50 states or is certified legal for sale in California.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 803.350
Statutes/Other Implemented: ORS 803.350
DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 18-2017, renumbered from 735-030-0320, filed 10/25/2017, effective 10/25/2017
DMV 15-2007, f. 12-24-07, cert. ef. 1-1-08

Or. Admin. R. 735-030-0095 Vehicles Exempt from Oregon Low-Emission Vehicle Program Standards

The following vehicles are exempt from Oregon Low-Emission Vehicle Program standards:

(1) Vehicles sold for registration and use in a state not subject to California motor vehicle emission standards.

(2) Previously registered vehicles with more than 7,500 miles. For vehicle dealers, vehicle mileage at the time of sale is determined by the odometer reading at the time the dealer acquired the vehicle.

(3) Vehicles available only for rent to a final destination in a state that is not subject to California motor vehicle emission standards.

(4) Vehicles purchased by a nonresident before establishing residency in the State of Oregon, regardless of the mileage on the vehicle.

(5) Vehicles purchased by Oregon residents while assigned to active government service outside the State of Oregon.

(6) Vehicles transferred from one person to another due to: death, inheritance, devise or bequest; divorce, dissolution, annulment or legal separation; merger or consolidation; bankruptcy; court judgment or decree; or possessory lien, seizure or foreclosure.

(7) A vehicle acquired by an Oregon resident to replace a vehicle registered to the resident and that was stolen, damaged or failed beyond reasonable repair while out of state, provided that the replacement vehicle is acquired out of state when the previously-owned vehicle was either stolen, damaged, or failed beyond reasonable repair.

(8) A custom, replica or assembled vehicle that:

(a) Is maintained for occasional transportation, exhibitions, club activities, parades, tours, testing of operation, repair, maintenance and similar uses; and

(b) Is not used for general daily transportation.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 803.350
Statutes/Other Implemented: ORS 803.350
DMV 18-2017, renumbered from 735-030-0330, filed 10/25/2017, effective 10/25/2017
DMV 14-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 15-2007, f. 12-24-07, cert. ef. 1-1-08

Or. Admin. R. 735-030-0105 Registration Card; Contents

This rule is adopted under the authority of ORS 803.500(8). The purpose of the rule is to specify the information required by DMV to be shown on an Oregon registration card. In addition to the information specified under ORS 803.500(1) to (7), the following information is required to be shown on an Oregon vehicle registration card:

(1) Vehicle registration plate number;

(2) Vehicle title number;

(3) Registration card issue date;

(4) Registration expiration date;

(5) Vehicle fuel type (i.e., gas, diesel, electric, hybrid, etc.);

(6) Equipment number, if applicable;

(7) Vehicle style (i.e., pickup, 4-door, 2-door, etc.);

(8) Vehicle weight and length, if applicable;

(9) Title brand(s), if issued pursuant to OAR 735-024-0025;

(10) Odometer message, if required under OAR 735-028-0040;

(11) Oregon county of residence;

(12) Oregon county of use, if applicable;

(13) If the registered owner is an individual, the person's current residence address;

(14) If the registered owner is a business, the business address as defined in OAR 735-010-0008; and

(15) If the registered owner is an individual or business and the vehicle is primarily housed or dispatched from a location other than the actual residence or business address of the owner, the vehicle address as defined in OAR 735-010-0008.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 803.500
Statutes/Other Implemented: ORS 803.500
DMV 27-2021, amend filed 11/23/2021, effective 11/23/2021
DMV 46-2018, amend filed 11/20/2018, effective 11/20/2018
DMV 24-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 11-2012, f. 8-16-12, cert. ef. 8-17-12

Or. Admin. R. 735-030-0115 Determining Combined MPG Ratings for Title and Registration Issuance

(1) This rule describes DMV’s method of determining the combined MPG rating for the titling and registration of vehicles in accordance with ORS 803.091 and 803.422, respectively.

(2) The following definitions apply to terms in this rule:

(a) “Combined MPG rating” means a whole number representing the average miles a vehicle can travel on a gallon of fuel for combined city and highway driving.

(b) “EPA” means the United States Environmental Protection Agency, United States Department of Energy and Office of Energy Efficiency and Renewable Energy.

(3) DMV determines the combined MPG rating for a vehicle by assigning the combined MPG rating reported by the EPA for that vehicle.

(4) DMV acquires the combined MPG rating reported by the EPA using any one of the following methods:

(a) DMV decodes the vehicle identification number (VIN) using VIN decoder software provided by a vendor contracted with DMV;

(b) A certified dealer, as defined in OAR 735-150-0010, or an EVR integrator, as defined in OAR 735-020-0000, enters the combined MPG rating when processing a title, title and registration or registration renewal transaction using DMV’s electronic vehicle registration program;

(c) An employee of the Oregon Department of Transportation’s road usage charge program enters the combined MPG rating for the vehicle when the person applies for entry into the road usage charge program.

(5) When DMV cannot establish the combined MPG rating for a vehicle using the methods described in section (4) of this rule, DMV will calculate the additional title fee prescribed in ORS 803.091 or the additional registration fee prescribed in ORS 803.422 using the fee listed in the appropriate statute for vehicles that have a combined MPG rating of 0-19 MPG or non-motorized vehicles.

(6) Notwithstanding section (5) of this rule, if DMV cannot establish the combined MPG rating using a method described in section (4), DMV may establish the combined MPG rating by using the vehicle information to locate the combined MPG rating on the EPA’s website that provides accurate fuel economy information to consumers.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.091 & 803.422
Statutes/Other Implemented: ORS 803.091 & 803.422
DMV 30-2019, adopt filed 12/17/2019, effective 01/01/2020

Or. Admin. R. 735-030-0125 Per-mile Road Usage Charge Program Removal and Fees

The owner of a subject vehicle, as defined in ORS 319.883, that has been removed from the per-mile road usage charge program must pay the additional fee listed in ORS 803.422 for the subject vehicle unless:

(1) All owners of the subject vehicle listed in DMV records are deceased;

(2) All registered owners have moved and titled or registered the vehicle in another jurisdiction;

(3) The vehicle is totaled as defined in ORS 801.527; or

(4) The vehicle is stolen and not recovered at the time of removal from the RUC program.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 319.890
Statutes/Other Implemented: ORS 319.890
DMV 4-2022, adopt filed 03/10/2022, effective 03/10/2022
DMV 17-2021, temporary adopt filed 09/13/2021, effective 09/25/2021 through 03/23/2022

Division 32 REGISTRATION PLATES AND FEES

Or. Admin. R. 735-032-0000 Replacement and Duplicate Registration Plates

(1) For the purpose of this rule the following definitions apply:

(a) "Duplicate plate(s)" means the registration plate(s) issued to a vehicle, as provided in ORS 803.530, and has the same number or letter sequence and background as the plate(s) last assigned to the vehicle.

(b) "Replacement plate(s)" means the registered plate(s) issued to a vehicle, as provided in ORS 803.530, and has a different number or letter sequence than the plate(s) last assigned to the vehicle.

(2) The vehicle owner may make application to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) for replacement or duplicate plates.

(3) To obtain replacement or duplicate plates the vehicle owner must make application to DMV and:

(a) Pay the replacement or duplicate plate fee as provided in ORS 803.575;

(b) Pay the plate manufacturing fee when required under ORS 803.570 and as provided in OAR 735-032-0010; and

(4) DMV will determine whether the plates are required to be issued as duplicate plates or replacement plates. In most cases, DMV will issue replacement plates.

(5) If DMV determines the plates may be issued as duplicate plates, DMV will issue two registration plates unless the vehicle owner requests DMV issue only one duplicate registration plate. In order to issue only one duplicate registration plate, the plate to be replaced:

(a) Must be a passenger registration plate type that is from a current issue, as defined in OAR 735-046-0000; and

(b) Must not be stolen.

(6) When DMV issues a single registration plate in accordance with Oregon Laws 2021, Chapter 630, Section 126:

(a) The registration plate will be issued as a duplicate to the currently assigned registration plate for the vehicle; and

(b) DMV will issue two replacement registration month and two registration year stickers, if applicable. The owner must replace the stickers on the registration plate not being replaced in addition to adding the registration stickers to the newly issued single registration plate.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.530, 803.570, 805.200 & Oregon Laws 2021, Chapter 630
Statutes/Other Implemented: ORS 803.530 & Oregon Laws 2021, Chapter 630
DMV 28-2021, amend filed 11/23/2021, effective 11/23/2021
DMV 42-2018, amend filed 10/22/2018, effective 10/22/2018
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
MV 29-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-100-0300

Or. Admin. R. 735-032-0010 Registration Plate Fees

(1) ORS 803.570 requires DMV to establish the fee amounts for each registration plate issued and for each pair of plates issued.

(2) The plate fee amounts are calculated by:

(a) Determining the cost to manufacture a single registration plate and a pair of registration plates (cost), respectively, and rounding the cost amount(s) to the next higher dollar; and

(b) Adding $10 for a single plate and $20 for a pair of plates, respectively.

(3) Based on the calculation under section (2) of this rule, registration plate fees are:

(a) $13 for a single plate issued ($3 cost + $10 = $13).

(b) $26 for a pair of plates issued ($6 cost + $20 = $26).

History

Statutory/Other Authority: ORS 184.619, 802.010 & 803.570
Statutes/Other Implemented: ORS 803.570
DMV 30-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 2-2023, amend filed 01/25/2023, effective 02/01/2023
DMV 12-2019, amend filed 05/20/2019, effective 06/01/2019
DMV 3-2012, f. 3-26-12, cert. ef. 4-1-12
DMV 4-2010, f. & cert. ef. 2-25-10
DMV 18-2009(Temp), f. 9-29-09, cert. ef. 10-1-09 thru 3-29-10
DMV 8-2004, f. & cert. ef. 5-24-04
DMV 32-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04
Reverted to DMV 4-1997, f. 1-24-97, cert. ef. 4-1-97
DMV 5-2003(Temp), f. 5-14-03, cert. ef. 7-1-03 thru 12-27-03
DMV 4-1997, f. 1-24-97, cert. ef. 4-1-97
MV 21-1988, f. 6-29-88, cert. ef. 7-1-88
MV 29-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-100-0310

Or. Admin. R. 735-032-0020 Plates Considered Void

Registration plates that are required to be surrendered to DMV are void and may not be used to register or operate a vehicle again. This does not apply to plates surrendered to DMV in error and that have not already been destroyed.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 803.350, 803.380, 809.080 & 809.110
DMV 22-2019, amend filed 11/26/2019, effective 01/01/2020
DMV 13-2008, f. & cert. ef. 6-23-08
DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
MV 29-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-100-0320

Or. Admin. R. 735-032-0025 Proof of Registration Renewal

Proof of vehicle registration, for the purposes of ORS 803.550 and 803.560, as amended by Chapter 154, Oregon Laws 2015, is a receipt of payment for vehicle registration renewal from DMV that shows:

(1) The vehicle registration plate number, vehicle year, vehicle make and VIN;

(2) The date the vehicle registration renewal transaction was transmitted to or received by DMV; and

(3) The new expiration date of the vehicle registration.

(4) Proof of registration under this rule may be provided in electronic or paper form. This includes an image or display on an electronic device.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.012, ORS 803.460, 803.550, 803.560 & 2015 OL Ch. 154
Statutes/Other Implemented: ORS 803.550 & 803.560 & 2015 OL Ch. 154
DMV 7-2015, f. 9-21-15, cert. ef. 1-1-16

Or. Admin. R. 735-032-0030 Display of Temporary Registration Permits

(1) Temporary registration permits issued under ORS 803.625 must be readable from the outside of the vehicle and placed as follows:

(a) Motorcycle or moped: on the rear of the vehicle where the license plate is normally attached. If the vehicle is not designed or equipped to accept a rear license plate, the permit must accompany the vehicle as described in section (2) of this rule.

(b) Vehicle with a rear window: inside, on the left side and lower corner of the rear window.

(c) Vehicle carrying a camper or canopy: inside, on the left side and lower corner of the rear window of the camper or canopy.

(d) Travel trailer: on the left side and lower corner of the rear window.

(e) Vehicle with no rear window (including a camper, canopy or travel trailer): inside, on the left-rear side window.

(f) Vehicle with no window or left-rear side window: inside, on the left side of the dashboard.

(2) If the permit cannot be placed as described in section (1) of this rule, it must accompany the vehicle and be available for inspection upon request by a law enforcement officer or any other person authorized to inspect vehicle registration. The permit may be kept on the vehicle operator’s person or in a storage area on the vehicle.

(3) Temporary registration permits must be placed on or remain with the vehicle as described in sections (1) and (2) of this rule until replaced with valid license plate(s) or until the permit expires, whichever comes first.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.615, 803.625, 803.650 & 803.655
Statutes/Other Implemented: ORS 803.540, 803.615, 803.625, 803.635, 803.650 & 803.655
DMV 19-2008, f. & cert. ef. 8-26-08
MV 1-1989, f. & cert. ef. 1-3-89

Or. Admin. R. 735-032-0036 Display of Registration Stickers

(1) Purpose and Authority. This rule establishes the requirements for the display of registration stickers on vehicle registration plates as authorized under ORS 803.560.

(2) Definitions. Terms used in ORS 803.560 and this rule are defined as follows:

(a) “Combined month-year sticker” means a single registration sticker issued with:

(A) A month number as described in subsection (b) of this section; and

(B) A year number as described in subsection (d) of this section.

(b) “Month sticker” means a registration sticker issued with a single month number from 1 to 12 that designates the calendar month, in which registration expires. The number “1” represents an expiration date in January; the number “2” represents an expiration date in February and so on.

(c) “Registration sticker” means a numbered adhesive-backed sticker, issued by DMV or a designated agent as evidence of vehicle registration for a specific length of time.

(d) “Year sticker” means a registration sticker issued with a two-digit year number that designates the year registration expires. For example, the two-digit number for registration that expires 2012 is “12.” The number “16” designates an expiration year of 2016.

(3) Display of Stickers. Registration stickers must be displayed on the front side of each registration plate, and attached to the designated area as follows:

(a) The combined month-year sticker is attached at the bottom center of the registration plate;

(b) The month sticker is attached at the bottom left of the registration plate; and

(4) An example of the correct placement of registration stickers — described under subsection (3) of this rule — is contained in Appendix A, which is incorporated into this rule by reference.

[ED. NOTE: The Appendix referenced is available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 803.560
Statutes/Other Implemented: ORS 803.560
DMV 2-2009, f. & cert. ef. 2-20-09

Division 34 VEHICLE PERMITS

Or. Admin. R. 735-034-0000 Definitions of Trip Permit Agents

As used in OAR 735-034-0000 to 735-034-0010 and any agreement entered into under OAR 735-034-0005:

(1) A “trip permit agent” or “agent” is a person authorized by Oregon law, administrative rule or designated by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) to issue trip permits on behalf of DMV.

(2) “Arrangements,” as used in ORS 803.600(5), means the process for designating trip permit agents pursuant to OAR 735-034-0005.

(3) A “General Trip Permit Agent” is an agent authorized to issue light vehicle trip permits, recreational vehicle trip permits, registration weight trip permits, registered vehicle trip permits, and heavy motor vehicle and heavy trailer trip permits.

(4) A “Heavy Vehicle Trip Permit Agent” is an agent authorized to issue heavy vehicle trip permits for their own vehicles or vehicles under their control.

(5) A “Restricted Trip Permit Agent” is an out-of-state dealer authorized as an agent to issue light vehicle trip permits to customers whose vehicles will be titled and registered in Oregon.

(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation or any other legal or commercial entity.

History

Statutory/Other Authority: ORS 184.616, 184.619, 803.600 - 803.650 & 806.080
Statutes/Other Implemented: ORS 803.600, 803.602, 803.605 & 803.640
DMV 3-2011, f. & cert. ef. 3-16-11
DMV 14-2001, f. & cert. ef. 8-13-01
DMV 9-1998, f. & cert. ef. 8-20-98
MV 13-1991, f. 9-18-91, cert. ef. 9-29-91
MV 19-1986, f. & ef. 12-1-86, Renumbered from 735-110-0050
MV 10-1987, f. & ef. 9-1-87, Renumbered from 735-080-0080
MV 63, f. 10-14-75, ef. 11-11-75
DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024
DMV 29-2020, amend filed 09/29/2020, effective 01/01/2021
DMV 23-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-1996, f. & cert. ef. 8-15-96

Or. Admin. R. 735-034-0005 Requirements for Designation as a Trip Permit Agent

(1) DMV may designate a person or business as a vehicle trip permit agent to issue vehicle trip permits to the public on behalf of DMV.

(2) A person wishing to be designated as a vehicle trip permit agent must enter into a vehicle trip permit agent agreement with DMV.

(3) A designated trip permit agent, vehicle dealer, towing business, or other person authorized by Oregon law to issue trip permits is subject to all Oregon statutes and DMV rules relevant to the issuance and sale of trip permits.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.600, 803.645 & 806.080
Statutes/Other Implemented: ORS 803.600, 803.602, 803.605 & 803.640
DMV 3-2011, f. & cert. ef. 3-16-11
DMV 14-2001, f. & cert. ef. 8-13-01

Or. Admin. R. 735-034-0010 Procedures for Issuance of Trip Permits

(1) This rule describes the procedures and requirements for vehicle trip permits issued under the authority of ORS 803.600. Vehicle trip permits may be issued by:

(a) A trip permit agent pursuant to ORS 803.600 and OAR 735-034-0005;

(b) A vehicle dealer pursuant to ORS 802.031 and OAR 735-150-0040, including a vehicle dealer who issues 10-day trip permits as described under ORS 803.600; or

(2) A person described under section (1) of this rule must comply with the following requirements for the issuance of trip permits:

(a) Unless otherwise authorized in writing by DMV, trip permits must be purchased from DMV prior to issuance.

(b) Each trip permit issued must be legibly completed with the following information:

(A) The name and address of the vehicle's registered owner or the person applying for the trip permit. The name and address is recorded on the issuer's copy and DMV's copy of the permit;

(B) The driver license number of the vehicle's registered owner or the person applying for the trip permit, if available. Nothing may be written on the purchaser's (window) copy of the permit to identify the person to whom the permit was issued;

(D) The written signature of the person who issues the permit. This must include at least the person's full first and last name;

(E) The identification number of the trip permit agent, if one has been assigned by DMV, or the certificate number of the dealer or towing business;

(F) The effective date and expiration date of the permit;

(G) For a registration weight trip permit, the registration weight of the vehicle.

(c) For a light vehicle trip permit, the person who issues the permit must require the applicant to submit proof that the vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and will continue to be covered by the policy for as long as the permit is valid. The applicant submits the required proof by either:

(A) Submitting the insurance company name and policy number and certifying that the motor vehicle is covered by an insurance policy that meets the requirements of ORS 806.080, and that the vehicle will continue to be covered as long as the permit is valid; or

(B) Submitting a vehicle insurance identification card for the trip permit agent to make a paper copy or electronic copy that contains the required information. The vehicle insurance identification card must provide:

(i) The insurance company name;

(ii) The policy number;

(iii) The vehicle identification number (VIN) of the vehicle for which the light vehicle trip permit will be issued; and

(iv) The policy effective date and expiration.

(d) A vehicle dealer or towing business that issues a 10-day trip permit:

(A) Must ensure all Oregon registration stickers have been removed in accordance with 803.565;

(B) May not issue more than two permits for the same motor vehicle; and

(C) Must require the person applying for the permit to submit proof that the vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and will continue to be covered by the policy for as long as the permit is valid. The applicant submits the required proof by either:

(i) Submitting the insurance company name and policy number and certifying that the motor vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and will continue to be covered as long as the permit is valid; or

(ii) Submitting a vehicle insurance identification card for the trip permit agent to make a paper copy or electronic copy that contains the required information. The vehicle insurance identification card must provide:

(I) The insurance company name;

(II) The policy number;

(III) The vehicle identification number (VIN) of the vehicle for which the 10-day trip permit will be issued; and

(IV) The policy effective date and expiration date.

(e) For a recreational vehicle trip permit for a motor vehicle, that is, a “motor home” as defined in ORS 801.350, the person who issues the permit must require the applicant to:

(A) Submit proof of ownership as described in OAR 735-034-0050; and

(B) Submit proof that the recreational vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and will continue to be covered by the policy for as long as the permit is valid. The applicant submits the required proof by either:

(i) Submitting the insurance company name and policy number and certifying that the recreational vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and will continue to be covered as long as the permit is valid; or

(I) The insurance company name;

(II) The policy number;

(III) The vehicle identification number (VIN) of the vehicle for which the recreational vehicle trip permit will be issued; and

(IV) The policy effective date and expiration date.

(f) A person authorized to issue a trip permit under section (1) of this rule:

(A) Must send DMV's copy of the permit to DMV within seven (7) days of the date a permit is issued; and

(B) May not loan, transfer or assign a trip permit to any other person.

(3) Any alteration of the permit information will automatically void the permit:

(a) When a trip permit is voided, the trip permit agent, vehicle dealer, or towing business must return the vehicle (purchaser's) copy and DMV's copy to DMV within seven (7) days of the date it was voided, along with an explanation of why the permit was voided. If either copy of the voided permit is unavailable for submission to DMV, the explanation must state the reason; and

(b) If DMV is satisfied that a prepaid permit was not altered or used for the operation of a vehicle, DMV will refund the prepaid permit fee to the trip permit agent, vehicle dealer or towing business that purchased the permits from DMV.

(4) Upon receipt of a written request from a trip permit agent, vehicle dealer or towing business subject to this rule, DMV will refund the fee amount for each unissued prepaid permit.

(5) Upon DMV's written request, a trip permit agent, vehicle dealer or towing business subject to this rule must immediately cease issuing permits and immediately return all unused trip permits to DMV. DMV will issue a refund to the trip permit agent, vehicle dealer or towing business for any unused prepaid permits returned to DMV.

(6) DMV may revoke the authority of a trip permit agent, vehicle dealer or towing business to issue trip permits:

(a) For failure to comply with any provision of this rule;

(b) If DMV determines the issuance of permits is not in the interest of the public; or

(c) A change in state or federal law or regulation prohibits the issuance of trip permits as described under this rule or OAR Chapter 735, Division 034.

(7) The failure of a trip permit agent, vehicle dealer or towing business to comply with the provisions of this rule may result in the revocation of the authority to issue trip permits.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 803.600
Statutes/Other Implemented: ORS 803.565, 803.600, 803.602, 803.645 & 806.080
DMV 31-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 3-2011, f. & cert. ef. 3-16-11
DMV 7-2005, f. & cert. ef. 2-16-05
DMV 9-2004, f. & cert. ef. 5-24-04
DMV 28-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04
DMV 8-2002, f. & cert. ef. 4-12-02
DMV 28-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
DMV 14-2001, f. & cert. ef. 8-13-01
DMV 9-1998, f. & cert. ef. 8-20-98
MV 13-1991, f. 9-18-91, cert. ef. 9-29-91
MV 2-1989, f. & cert. ef. 1-3-89
MV 19-1986, f. & ef. 12-1-86, Renumbered from 735-110-0060

Or. Admin. R. 735-034-0020 When Registered Vehicle Trip Permit May Not Be Purchased

(1) Registered Vehicle Trip Permits may not be purchased in those situations where:

(a) The vehicle is currently registered; and

(b) The registration is of a type where the owner is required to certify (under penalty) that the vehicle will not be used for purposes not allowed under the registration type.

(2) Examples of those situations where Registered Vehicle Trip Permits may not be purchased include:

(a) Vehicles currently registered under farm registration under ORS 805.300; and

(b) Vehicles currently registered under proportional farm registration under ORS 805.400.

History

Statutory/Other Authority: ORS 802.010, 803.600 - 803.645 & 805.300 - 805.400
Statutes/Other Implemented: ORS 803.600
MV 19-1986, f. & ef. 12-1-86, Renumbered from 735-110-0070

Or. Admin. R. 735-034-0040 Display of Trip Permits

(1) Except as otherwise provided in this rule, trip permits for self-propelled vehicles must be placed inside the vehicle in the lower-left corner of the rear window on the driver’s side of the vehicle.

(2) Trip permits may be placed in areas other than as provided in section (1) of this rule in situations where placement in the rear window is not possible or is impractical, including but not limited to situations where:

(a) The vehicle is not equipped with a rear window;

(b) The permit would not be visible or legible from outside the vehicle if the permit is placed in the rear window;

(d) The vehicle has louvers placed over the rear window which are attached to the vehicle; or

(e) The vehicle is a pickup truck with a camper or canopy attached.

(3) When a trip permit is not required to be placed in the rear window as provided in section (2) of this rule, it must be placed inside the vehicle in the lower right-hand corner of the rear, side window on the driver’s side of the vehicle if the vehicle is equipped with one. If the vehicle does not have a rear side window on the driver’s side of the vehicle, the permit must be placed inside the vehicle as follows:

(a) In the rear window of a camper, canopy or similar equipment when the permit is issued to the pickup carrying such equipment;

(b) On the dashboard on the driver’s side of the vehicle visible through the windshield; or

(c) In a manner readily accessible for inspection upon request when placement in any of the other allowed locations is not possible or practical.

(4) Trip permits for vehicles that are not self-propelled must be carried in either the transporting vehicle or the vehicle which is being towed. In either case the permit must be carried in a manner that makes it readily available for inspection upon request.

(5) The front side of the trip permit containing the trip permit number and expiration date must be clearly visible from outside the vehicle when placed in accordance with section (1) and subsections (3)(a) and (b) of this rule.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.030, 803.600, 803.615, 803.625 & 803.650
Statutes/Other Implemented: ORS 803.600 & 803.650
DMV 41-2018, amend filed 10/22/2018, effective 10/22/2018
MV 13-1987, f. & ef. 9-16-87, Renumbered from 735-110-0090
MV 19-1986, f. & ef. 12-1-86

Or. Admin. R. 735-034-0050 Issuing Trip Permits

(1) The following procedures and requirements apply to the issuance of vehicle trip permits under ORS 803.600.

(2) Trip permits are issued and are valid for a period of consecutive days based on permit type.

(3) Except as described in subsection (e) of this section, a registration weight trip permit is required for a vehicle under the following circumstances:

(a) The vehicle is registered in Oregon by loaded weight and the weight exceeds the registration weight of the vehicle declared under ORS 803.435;

(b) The vehicle is registered in Oregon by combined weight, and the combined weight exceeds the registration weight declared under ORS 803.435; or

(c) The vehicle is a commercial vehicle registered by combined weight under ORS 826.009, 826.011 or 826.031, and the weight exceeds the registration weight declared under ORS 826.015.

(d) If the vehicle is registered by combined weight under subsection (b) or (c) of this section, a registration weight trip permit is only issued to the motor vehicle used to tow a trailer or load.

(e) Subsection (b) of this section does not apply to a vehicle registered by combined weight, if the vehicle is towing a person’s own commercial fishing boat and the combined weight of the vehicle, boat and trailer is 15,000 pounds or less.

(4) A heavy motor vehicle trip permit or heavy trailer trip permit may only be issued to vehicles that are not registered in Oregon. Either permit authorizes the operation of a single, unregistered vehicle. For example, if a truck/trailer combination is not registered in Oregon, and is not operating under the authority of an interstate reciprocity agreement, then both the truck and the trailer must obtain a permit. If, however, one of the two vehicles is registered, for example, the trailer, then only the truck is required to have a permit.

(5) An applicant for a recreational vehicle trip permit must:

(a) Provide proof satisfactory to DMV that the applicant is the owner of the camper, travel trailer or motor home listed on the permit application. Proof DMV may consider includes a valid certificate of title, a bill of sale or other ownership document as described in OAR 735-022-0000; and

(b) If the permit is for a motor home, provide the name and policy number of the current insurance carrier and certify that the motor home is covered, and will continue to be covered by insurance as required by ORS 806.080 for as long as the permit is valid.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.600, 803.625, 803.635, 803.640 & 803.655
Statutes/Other Implemented: ORS 801.420, 803.430, 803.600, 803.625, 803.635, 803.640, 803.655, 803.665, 806.080 & 810.490
DMV 31-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 10-2007, f. & cert. ef. 10-17-07
DMV 8-2007(Temp), f. & cert. ef. 5-24-07 thru 11-18-07
DMV 8-2002, f. & cert. ef. 4-12-02
DMV 9-1998, f. & cert. ef. 8-20-98
MV 13-1991, f. 9-18-91, cert. ef. 9-29-91
MV 52-1989, f. & cert. ef. 12-1-89

Division 40 PARTICULAR VEHICLES/PERSONS

Or. Admin. R. 735-040-0000 Special Interest Registration

(1) "Established organization" has the meaning, for the purpose of this rule, set forth in OAR 735-040-0010.

(2) "Special interest registration" means the permanent registration under ORS 805.020 for vehicles of special interest and includes any documents or devices issued or approved as evidence of that registration.

(3) To be eligible for special interest registration the vehicle must be a "vehicle of special interest" as defined in ORS 801.605.

(4) To qualify for special interest registration the vehicle owner must submit to DMV:

(a) A completed Antique/Special Interest Vehicle Certification form (DMV Form 735-6577) certifying that the vehicle qualifies as a vehicle of special interest;

(b) The permanent registration fee established under ORS 803.420(10)(a); and

(5) If the vehicle qualifies as a vehicle of special interest only under the provisions of ORS 801.605(3)(a)(B), the Antique/Special Interest Vehicle Certification form (DMV Form 735-6577) submitted must include a certification from the established organization that has sanctioned the vehicle as a vehicle of special interest.

(6) A vehicle of special interest may be registered:

(a) With Oregon registration plates provided by the applicant and approved by DMV as provided in ORS 805.210 and 803.530; or

(b) With special interest registration plates issued by DMV.

(7) DMV may not approve plates provided by the applicant for use on vehicles as special interest when the plates are:

(a) Special registration program plates issued under ORS 805.222;

(b) School bus or school activity vehicle registration plates issued under ORS 805.050;

(d) Disabled veteran registration plates issued under ORS 805.100;

(e) Congressional Medal of Honor registration plates issued under ORS 805.103;

(f) Veterans’ recognition and Gold Star Family registration plates issued under ORS 805.105;

(g) Former prisoners of war registration plates issued under ORS 805.110;

(h) Oregon National Guard registration plates issued under ORS 805.115;

(i) Honorary consul registration plates issued under ORS 805.117;

(j) Fleet registration plates issued under ORS 805.120;

(k) Special registration plates for certain groups issued under ORS 805.205;

(L) Amateur radio operator registration plates issued under ORS 805.230;

(m) Salmon registration plates issued under ORS 805.255;

(n) Cultural registration plates issued under ORS 805.260;

(o) Crater Lake National Park registration plates issued under ORS 805.263;

(p) Wine Country registration plates issued under ORS 805.266;

(q) Portland Trail Blazers registration plates issued under ORS 805.278;

(r) Breast cancer awareness registration plates issued under ORS 805.283;

(s) Pacific Wonderland registration plates issued under ORS 805.287;

(t) Farm vehicle registration plates issued under ORS 805.300;

(u) Antique registration plates originally issued under ORS 805.010;

(v) Historic registration plates;

(w) Special interest registration plates issued to special interest vehicles, as described in ORS 805.020;

(x) Customized registration plates, issued under ORS 805.240; or

(y) “Current issue” plates, as defined in OAR 735-046-0000.

(8) In accordance with ORS 803.530(9), DMV will transfer one special interest registration plate when DMV's vehicle records show the special interest registration plate was issued as a pair and is assigned to a vehicle record not associated with an applicant. In addition to other requirements for the issuance of special interest registration, the applicant must submit a written statement from the owner of the plate, as listed in DMV's vehicle records, that contains:

(a) The owner of the plate's full name;

(b) A declaration from the owner of the plate, as listed in DMV's vehicle records, that the owner understands that the plate and registration will be removed from the owner's vehicle and transferred to another vehicle;

(d) The vehicle identification number of the vehicle assigned the plate in DMV's vehicle records; or

(e) The make and model year of the vehicle assigned the plate in DMV's vehicle records.

History

Statutory/Other Authority: ORS 184.619, 801.605, 802.010, 803.530, 805.020, 805.030 & 805.210
Statutes/Other Implemented: ORS 801.605, 803.350, 803.370, 803.420, 803.525, 803.530, 803.535, 805.020, 805.030 & 805.210
DMV 5-2025, amend filed 05/08/2025, effective 05/08/2025
DMV 32-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 22-2019, amend filed 11/26/2019, effective 01/01/2020
DMV 25-2017, amend filed 12/19/2017, effective 01/01/2018
MV 28-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-071-0057
MV 9-1980, f. & ef. 5-27-80

Or. Admin. R. 735-040-0010 Established Organizations — Vehicles of Special Interest

(1) "Established Organization" for the purpose of this rule and OAR 735-040-0000 means an organization that:

(a) Has a charter or set of bylaws providing for the preservation, promotion, appreciation or display of vehicles of special interest or antique vehicles, or is a recognized entity formed under the laws of a parent organization that has such a charter or bylaws;

(b) Has a set of standards relating to upkeep and to the preservation of vehicles identified in such charter or bylaws;

(d) Is recognized within Oregon by at least four other organizations as promoting the preservation of vehicles of special interest; and

(e)Is designated as an "established organization" by DMV.

(2) Onlyan organization designatedas an established organization by DMV maysanction avehicle as a vehicle of special interest for the purpose of registration under ORS 805.020.

(3) An organization that wants to be an established organization must submit to DMV:

(a) A completed and signed Application to be Designated as an Established Organization for Special Interest Vehicles (DMV Form 735-6578). The form must include the names and addresses of persons within the organization who are authorized to verify that vehicles meet the organization’s standards and are sanctioned as vehicles of special interest;

(b) A copy of the organization’s charter or by-laws;

(d)Lettersfrom four other such organizations indicating that the organization is recognized for promoting the preservation of special interest vehicles.

(4) DMV will notify an organization of its designation as an established organization if itsrequest has been approved.

(5) An established organization must:

(a) Maintain current information on file with DMV including:

(A) Names and addresses of persons authorized to sanction vehicles as vehicles of special interest;

(B) Organization's charter or by-laws; and

(b) Not limit the organization’s sanctioning of vehicles to vehicles owned by members of theorganization;

(c)Notify DMV within 30 days from the date the organization ceases to meet any of the requirements for designation as an established organization that it no longer meets a requirement for designation; and

(d) Notify DMV immediatelyif the organization chooses not to be designated as an established organization.

(6) DMV may cancel an organization's designation as an established organization if DMV determines that:

(a) The organization does not meet the requirements for designation as an established organization;

(b) The organization has provided a false certification sanctioning a vehicle as a vehicle of special interest; or

History

Statutory/Other Authority: ORS 184.616, 184.619, 801.605, 802.010 & 805.020
Statutes/Other Implemented: ORS 801.605 & 805.020
DMV 25-2017, amend filed 12/19/2017, effective 01/01/2018
MV 28-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-100-0040

Or. Admin. R. 735-040-0015 Registration of Emergency Fire Apparatus

(1) For purposes of this rule, the following definitions apply:

(a) “Emergency fire apparatus” means a vehicle such as, but not limited to, a fire truck, fire engine, tanker or any other similar vehicle that is primarily designed and used for public fire protection and suppression.

(b) “Fire service agency” means a unit of state or local government, a special purpose district or a private firm which provides, or has authority to provide, public fire protection and suppression services in Oregon, including, but not limited to, the Oregon Department of Forestry, a rangeland fire protection association, a rural fire protection district, a city fire department, or a private fire department.

(2) DMV may issue Oregon registration for an emergency fire apparatus that is exempt from registration requirements under ORS 803.305(8), if the vehicle owner:

(a) Is a fire service agency;

(b) Submits an application for Oregon registration that meets the requirements of ORS 803.370; and

(A) At the time of application, the applicant requests and is issued a vehicle title in the applicant’s name, or presents satisfactory evidence that an Oregon title covering the vehicle has been issued to the applicant; and

(B) Pays the appropriate registration fees under ORS 803.420, and, if applicable, title fees.

(3) Effect of Registration. Upon the issuance of Oregon registration under section (2) of this rule:

(a) The vehicle owner must comply with all applicable state and federal laws, rules and regulations related to the registration of vehicles; and

(b) The vehicle is subject to all provisions of the Oregon Vehicle Code applicable to vehicles registered in Oregon until the vehicle is registered under the laws of another jurisdiction.

(4) Notwithstanding sections (1) and (2) of this rule, DMV may refuse to issue Oregon registration if:

(a) The vehicle is not manufactured primarily for operation on a highway;

(b) The vehicle does not comply with federal vehicle standards as described under OAR 735-022-0090; or

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.305 & 803.310
Statutes/Other Implemented: ORS 803.305
DMV 18-2017, renumbered from 735-032-0055, filed 10/25/2017, effective 10/25/2017
DMV 5-2012, f. & cert. ef. 5-18-12

Or. Admin. R. 735-040-0020 Definition of a Federally Recognized Indian Tribe

As used in ORS 805.040, a “federally recognized Indian tribe” means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians.

History

Statutory/Other Authority: ORS 802.010 & 805.040
Statutes/Other Implemented: ORS 805.040
MV 19-1985, f. 12-30-85, ef. 1-1-86, Renumbered from 735-100-0020
DMV 12-2026, minor correction filed 03/17/2026, effective 03/17/2026
DMV 38-2021, minor correction filed 12/08/2021, effective 12/08/2021
DMV 37-2021, minor correction filed 12/08/2021, effective 12/08/2021
MV 12-1986, f. & ef. 8-22-86, Renumbered from 735-080-0130

Or. Admin. R. 735-040-0030 Documents Needed to Issue Disabled Veteran Registration Plates

In addition to any other registration requirements, an applicant for disabled veteran registration plates must submit the following to DMV:

(1) A completed and signed Application for Disabled Veteran Plates (DMV Form 6736) and all applicable fees.

(2) A letter, including a form DD214, issued by the U.S. Department of Veterans Affairs or any branch of the Armed Forces of the United States showing the applicant is a disabled veteran.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 805.100
Statutes/Other Implemented: ORS 805.100
DMV 15-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 16-2006, f. & cert. ef. 11-17-06
DMV 2-1998, f. & cert. ef. 2-19-98
DMV 6-1996, f. & cert. ef. 8-15-96
MV 22-1989, f. & cert. ef. 10-3-89
MV 27-1987, f. & ef. 10-1-87, Renumbered from 735-100-0050

Or. Admin. R. 735-040-0040 Definitions

As used in OAR 735-040-0040 through 735-040-0130:

(1) “Anticipated Costs,” for the purposes of ORS 805.225 and this rule, means costs incurred by DMV to add a plate to the special registration plate program, including but not limited to, application review costs, computer programming costs, vendor set-up fees, plate design costs and production setup costs.

(2) “DMV” means the Driver and Motor Vehicle Services Division of the Department of Transportation.

(3) “Gold Star Family registration plate” means a registration plate issued to a Gold Star Family member, as defined in ORS 366.931.

(4) “Group plates” means group registration plates approved for issuance by DMV under ORS 805.205, before August 17, 2015, to an institution of higher education or non-profit group that is tax exempt under 501(c)(3) of the Internal Revenue Code.

(5) “Special registration plate” means a registration plate issued by DMV under ORS 805.222 and 805.225.

(6) “Special registration plate program” means the special registration plate program established by DMV in accordance with ORS 805.222 to 805.225 and OAR Chapter 735, Division 040.

(7) “Organization” means any nonprofit group, institution of higher education or public body that applies for or receives approval for the issuance of a special registration plate pursuant to applicable provisions of the Oregon Vehicle Code and DMV rules.

(8) “Institution of Higher Education” or “institution” means a postsecondary-institution that is:

(a) A public university listed in ORS 352.002, or

(b) An Oregon-based and accredited, community college or nonprofit private university or college.

(9) “Nonprofit group” means a nonprofit group that meets the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code.

(10) “An expression of political opinion” includes, but is not limited to, any artwork, image, name, logo, mark, slogan, letter or word that expresses or suggests a viewpoint related to:

(a) A candidate for election, measure or petition;

(b) A person, group or subject associated with politics or the political process; or

(c) A social issue or cause that is divisive, and, as a result, becomes a political issue, for example, abortion, immigration or the environment.

(11) “An expression of religious belief” includes, but is not limited to, any artwork, image, name, logo, mark, slogan, letter or word that affirms or supports a particular religion or creed, expresses adherence to a particular religious sect or denomination, expresses belief in or the absence of belief in a supreme being or promotes or discourages any form of exercise of religion.

(12) “Public body” has the same meaning as set forth in ORS 174.109.

(13) “Veterans’ group” as used in ORS 805.105 and Division 40 rules, means a group or organization that meets the qualifications for veterans’ recognition registration plates under OAR 735-040-0080.

History

Statutory/Other Authority: ORS 184.619, 802.010, 805.205, 805.105, 805.222 & 805.225
Statutes/Other Implemented: ORS 366.931, 805.105, 805.205, 805.222 & 805.225
DMV 29-2023, amend filed 11/14/2023, effective 11/14/2023
DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16
DMV 14-2008, f. & cert. ef. 6-23-08
DMV 22-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08
DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95
DMV 2-1994, f. & cert. ef. 3-17-94

Or. Admin. R. 735-040-0045 Group Registration Plates; Nonprofit Groups and Institutions of Higher Education; Approved Before August 12, 2015

(1) Effective August 12, 2015, chapter 806, Oregon Laws 2015, eliminated the creation of new group registration plates under ORS 805.205. This rule sets forth the eligibility requirements for current, active and inactive nonprofit groups and institutions of higher education (collectively referred to in this rule as “group”) approved for the issuance of group registration plates before the effective date of the legislative act.

(2) To remain eligible for the issuance of group registration plates, a group described under section (1) of this rule must:

(a) Maintain documentation sufficient to demonstrate to DMV that:

(A) For a nonprofit group, the group meets the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code;

(B) For a group that is an institution of higher education, the group meets the definition in OAR 735-040-0040(5);

(C) For a group representing an institution of higher education, the group has written authorization from the institution to obtain higher education group plates on behalf of that institution;

(D) The group has established membership, officers and bylaws, and the group, or a chapter of the group is physically located in Oregon;

(E) The group is authorized to use any artwork, image, name, logo, mark, slogan, letter or word that appears on the group’s plate; and

(F) The information submitted to DMV regarding the financial institution selected by the group for the deposit of plate surcharge amounts collected by DMV from the sale of the group’s plate is up-to-date.

(b) Maintain and provide to DMV the current name, address and phone number of:

(A) Each group official, officer or director; and

(B) The person authorized by the group to act as the group’s representative for purposes of the group’s plate.

(c) Submit an Annual Statement of Continuing Eligibility (DMV Form 735-6942) to DMV certifying the group continues to meet the requirements for group plates under ORS 805.205 and DMV rules. The statement is due no later than 30 days after the date of receiving an annual renewal of eligibility letter from DMV.

(3) DMV may request a group to provide any information it considers necessary to verify the group is eligible for the issuance of group plates.

(4) DMV will withdraw the group’s eligibility and cease to issue a group’s plate if:

(a) The group fails to meet any requirement under section (2) of this rule;

(b) The group fails to provide any information requested by DMV;

(d) The group fails to submit an Annual Statement of Continuing Eligibility form as required under subsection (2)(c) of this rule; or

(e) The group fails to meet or comply with any other requirements for group plates under ORS 805.205 or DMV rule.

(5) DMV shall cease production of a group’s plate if:

(a) DMV does not sell or issue renewal for 500 sets of the group’s plate in any one year. For purposes of this subsection, the year begins on the first day of the month the group’s plate was initially available for sale;

(b) The group ceases to exist or becomes ineligible for the issuance of special registration plates under ORS 805.205, or DMV rule; or

(c) DMV determines any artwork, image, name, logo, mark, slogan, letter or word that appears on the group’s plate contains an expression of political opinion, religious belief, or violates any provision of the Oregon Vehicle Code, or DMV rule relating to registration plate content.

(6) Except for the reason described in subsection (5)(a) of this rule, when DMV ceases production of a group’s plate it will destroy all remaining plate inventory.

(7) DMV will notify the group in writing if DMV withdraws the group’s eligibility or ceases production or issuance of the group’s plate.

(8) The group must notify DMV immediately if:

(a) There is a change in any information listed on the group’s most recent application or annual eligibility statement; or

(b) The group ceases to exist or no longer meets the eligibility requirements for a nonprofit group under ORS 805.205 or DMV rule.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 805.205
Statutes/Other Implemented: ORS 805.205
DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

Or. Admin. R. 735-040-0070 Plate Design

(1) Group plates shall:

(a) As provided under ORS 805.205, be from the “current regular issue,” which as used here means:

(A) The plate design currently in use for most vehicles registered with DMV, whether or not that is the design used for all vehicle or registration types for which group plates may be issued; and

(B) Is the plate design chosen by the Oregon Transportation Commission from entries in the contest held pursuant to Chapter 572, Oregon Laws, 1987, but with the blue sky as provided by ORS 803.538.

(b) Contain plate configurations (identification assigned by DMV) and a word, words or initials naming or describing the group, and any other information determined by DMV, the design and placement of which shall be determined by DMV.

(2) All of the following apply to the word, words or initials used to name or describe the group. They shall:

(a) Be determined by DMV after consultation with the group;

(b) Contain only alphabetic (A–Z) or numeric (0–9) characters;

(d) Conform to the restrictions in ORS 805.205;

(e) Not contain words prohibited under DMV’s custom plate rules (OAR 735-046-0000 and 735-046-0010). DMV shall apply the same standards as used in the custom plate rules when determining whether to preclude a word(s) under this subsection or to take cancellation action on any plates that may have been issued;

(f) Be made part of the plate through the plate manufacturing process and not be in the form of a sticker or decal;

(g) Be of the same color as is used for the plate configuration;

(h) Be of a size and style and limited in number of characters, as determined by DMV, so as to:

(A) Fit in the available space;

(B) Be readable;

(C) Not interfere with other portions of the plate or make those other portions less distinguishable from a distance; and

(D) Be consistent in design with similar plates issued by DMV.

History

Statutory/Other Authority: ORS 184.616 & 805.205
Statutes/Other Implemented: ORS 805.205
DMV 2-1994, f. & cert. ef. 3-17-94

Or. Admin. R. 735-040-0080 Veterans’ Groups Qualifications; Veterans’ Recognition Registration Plates

(1) To become eligible for veterans’ recognition registration plates issued under ORS 805.105, and this rule, a veterans’ group must submit the following to DMV:

(a) A completed and signed Application for Approval of Veterans’ Group Plates (DMV Form 7069), a copy of the group’s bylaws, and documentation sufficient to DMV that:

(A) The group is a non-profit organization established to recognize, represent or support a branch of the Armed Forces of the United States; and

(B) The group, or a chapter of the group, is physically located in Oregon.

(b) The name, address and phone number of:

(A) Each group official, officer and director; and

(B) A person authorized by the group to act as the group’s representative for purposes of veterans’ recognition registration plates.

(c) The words, initials or copy of the service-related decal requested to appear on the group’s plate. The group’s representative must certify that the group is authorized to use the information or materials submitted under this subsection;

(d) If applicable, any requested restriction on the issuance of the group’s plates as described under OAR 735-040-0090;

(e) An estimate of the number of plates the group will sell during the 12-month period following the date of application;

(f) Fees estimated by DMV to cover its costs to design and produce the requested plates; and

(g) The financial institution and account number selected by the group for the deposit of plate surcharge amounts collected by DMV from the sale of the group’s veterans’ recognition registration plates. If no information is provided, collected surcharge amounts will be deposited in the trust fund established under ORS 406.050 for paying the expenses of operating the Oregon Veterans’ Homes identified in section 1, chapter 224, Oregon laws 2019.

(2) DMV may request a veteran’s group to provide any information it considers necessary to determine a group’s eligibly for veterans’ group registration plates or to verify the group is authorized to use requested words, initials or a service-related decal.

(3) DMV will not issue veterans' recognition registration plates to a group if it determines:

(a) The group does not meet the requirement for veterans’ recognition plates under ORS 805.105 or this rule;

(b) The group’s application is incomplete or if the application contains false information;

(c) The words, initials or service-related decal requested for use on the group’s plates do not correctly name, identify or represent the group or are not authorized for use on veterans’ recognition registration plates; or

(d) The authorized representative fails to provide information or documentation requested by DMV.

(4) DMV may stop issuing a group’s veterans’ recognition plates or withdraw a group’s eligibility if the group:

(a) Is not authorized to use words, initials or a service-related decal previously approved for use on the group’s veterans’ recognition plates;

(b) Fails to file an annual statement of continuing eligibility as required under section (6) of this rule; or

(5) DMV will notify the group upon DMV’s approval or denial of the group’s application, or upon withdrawal of group’s eligibility.

(6) Once approved as an eligible group, the group must file an annual statement of continuing eligibility certifying the group continues to meet the requirements for a veteran’s group.

(7) The group must notify DMV immediately if:

(a) There is a change in the name, address or phone number of a group official or the group’s authorized representative listed on the group’s most recent application or annual eligibility statement; or

(b) The group is dissolved or no longer meets the eligibility requirements for a veteran’s group under this rule.

History

Statutory/Other Authority: ORS 184.619, 802.010, 805.105 & 805.106
Statutes/Other Implemented: ORS 805.105 & 805.106
DMV 3-2026, minor correction filed 03/05/2026, effective 03/05/2026
DMV 20-2019, amend filed 10/22/2019, effective 01/01/2020
DMV 14-2008, f. & cert. ef. 6-23-08
DMV 22-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08
DMV 14-2004, f. & cert. ef. 6-24-04
DMV 29-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04
DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95
DMV 2-1994, f. & cert. ef. 3-17-94

Or. Admin. R. 735-040-0090 Veterans’ Recognition Registration Plates for Veterans' Groups; Restrictions on Issuance; Proof of Veteran Status

(1) Issuance of veterans' recognition registration plates may be restricted to certain persons as provided under ORS 805.105 and this rule. Conditions for restrictions are as follows:

(a) Restrictions on issuance of a particular veterans' recognition registration plate as requested by a veterans' group must relate to a person's service in the Armed Services of the United States. For example:

(A) DMV may approve a request to restrict issuance of a particular veterans' recognition registration plate to only veterans or to only those awarded a Purple Heart medal; and

(B) DMV will not approve a request to restrict veterans' recognition registration plate issuance to only veterans who are members of a particular group.

(b) A veterans group requesting a restriction on plate issuance must do so on the initial Application for Approval of Veteran Group Plates. The group must describe the restriction and the basis for the restriction;

(d) If a requested restriction is approved, DMV will consult the group in determining the criteria DMV uses in issuing veterans' recognition registration plates for that group.

(2) Veterans' recognition registration plates may not be issued as custom plates, or in conjunction with any other special registration or plate type.

(3) When a veterans' group approved by DMV or the Director of Veterans' Affairs requires proof of veteran status or proof of receipt of a service-related medal, or the applicant requests “Gold Star Family” registration plates, DMV will accept the following as proof of eligibility:

(a) For plates that include a decal depicting an insignia of a branch of the Armed Services, a completed and signed Veteran Plate Certification (DMV Form 735-7307), certifying the applicant is eligible to receive the plates, and any of the following:

(A) For military service year 1950 or after, a US Department of Defense Form 214, Certificate of Release or Discharge from Active Duty (DD 214) or Correction to DD 214 Form (DD 215);

(B) For military service before year 1950, a separation document or form issued by a branch or department of the US Armed Services; or

(b) For a veterans' group with a service-related restriction approved by DMV under OAR 735-040-0080, a completed and signed Veteran Plate Certification (DMV Form 735-7307), certifying the applicant is eligible to receive the plates, and one of the following:

(A) For military service year 1950 or after, a DD 214 or DD 215;

(B) For military service before year 1950, a separation document or form issued by a branch or department of the US Armed Services;

(C) An applicant’s Summary of Benefits Letter from the United States Department of Veterans Affairs, in addition to documentation that demonstrates the applicant qualifies under the service-related restriction.

(A) A completed and signed Veteran Plate Certification (DMV Form 735-7307), certifying the applicant is eligible to receive the plates;

(B) A letter, award certificate or other document issued by the US Department of Defense showing the applicant is a recipient of the service-related medal; and

(i) For military service year 1950 or after, a DD 214, DD 215 or an applicant’s Summary of Benefits Letter from the United States Department of Veterans Affairs; or

(ii) For military service before year 1950, a separation document or form issued by a branch or department of the US Armed Services.(d) For plates displaying a gold star and the words “Gold Star Family,” a completed and signed Gold Star Family Certification (DMV Form 735-6940), certifying the applicant is a Gold Star Family member, as defined in ORS 366.931.

(4) “Non-Commissioned Officers Association” and “Vietnam Veterans of America” registration plates issued prior to January 1, 2024, were issued to any applicant who applied for the plates and may be renewed without providing proof of eligibility as described in this section. Effective January 1, 2024, DMV will issue the registration plates only to veterans who are determined eligible by DMV. An applicant must provide the following information as proof of eligibility:

(a) For Non-Commissioned Officers Association plates, a completed and signed Veteran Plate Certification (DMV Form 735-7307), certifying the applicant is eligible to receive the plates; and one of the following:

(A) For military service year 1950 or after, a DD 214 or DD 215 that indicates a Non-Commissioned Officer rank of E5 to E9;

(B) For military service before year 1950, a separation document or form issued by a branch or department of the US Armed Services that indicates a Non-Commissioned Officer rank of E5 to E9;

(C) A separation document described in subsections (A) or (B) of this section that does not indicate on the document the member held a Non-Commissioned Officer rank, and an unexpired military ID card or other documentation issued by a branch or department of the US Armed Services that indicates a Non-Commissioned Officer rank of E5 to E9; or

(D) An applicant’s Summary of Benefits Letter from the United States Department of Veterans Affairs, and a military ID card or other documentation issued by a branch or department of the US Armed Services that specifies a rank of E5 to E9.

(b) For Vietnam Veterans of America plates:

(A) A completed and signed Veteran Plate Certification (DMV Form 735-7307), certifying the applicant is eligible to receive the plates; and

(B) A DD 214, DD 215 or the applicant’s Summary of Benefits Letter from the United States Department of Veterans Affairs, that indicates a term of service during the Vietnam era, the period beginning November 1, 1955, and ending on May 7, 1975.

(5) A DD 214, DD 215 or separation form or document required under section (3) or (4) of this rule must indicate that the applicant is a veteran as defined in ORS 408.225. The required document must be provided as follows:

(a) For military service year 1950 or after, a DD 214, DD 215 or a Summary of Benefits Letter from the United States Department of Veterans Affairs must indicate that the veteran was discharged or released from active duty under honorable conditions, as defined in section (6) of this rule.

(b) For military service before year 1950, the applicant must present a separation form or document.

(6) For the purposes of this rule and ORS 408.225, “under honorable conditions” or “honorable conditions” has the meaning given the phrase by the Oregon Department of Veterans’ Affairs in OAR 274-012-0001 and means that the official documents of discharge, service, or separation issued upon the termination of the veteran's active duty service with the Armed Forces are characterized by the relevant branch of the Armed Forces as one of the following:

(a) "Honorable"; or

(b) "General” also known as “General Under Honorable Conditions."

History

Statutory/Other Authority: ORS 184.619, 413.650, 802.010 & 805.105
Statutes/Other Implemented: ORS 366.931, 413.650, 805.105 & 38 CFR 3
DMV 16-2026, amend filed 06/11/2026, effective 06/11/2026
DMV 29-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 11-2022, amend filed 09/21/2022, effective 09/21/2022
DMV 6-2015, f. 8-25-25, cert. ef. 10-1-15
DMV 14-2008, f. & cert. ef. 6-23-08
DMV 22-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08
DMV 3-1995, f. 3-9-95, cert. ef. 3-20-95
DMV 2-1994, f. & cert. ef. 3-17-94

Or. Admin. R. 735-040-0098 Non-profit Group Plate Surcharge

In addition to any other fee authorized by law:

(1) DMV will collect a surcharge of $2.50 per plate for each year of the registration period upon issuance and renewal of a non-profit group plate.

(2) Notwithstanding section (1) of this rule, DMV will collect a surcharge of:

(a) $8 per plate for each year of the registration period upon issuance and renewal of a non-profit group plate that recognizes fallen public safety officers.

(b) $7.50 per plate for each year of the registration period upon issuance and renewal of the Keep Kids Safe registration plate as described under ORS 805.205.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 805.205
Statutes/Other Implemented: ORS 805.205
DMV 8-2012, f. & cert. ef. 7-19-12
DMV 1-2011, f. & cert. ef. 1-28-11
DMV 14-2010(Temp), f. 8-27-10, cert. ef. 9-1-10 thru 2-28-11
DMV 1-2010, f. & cert. ef. 1-28-10
DMV 15-2009(Temp), f. & cert. ef. 8-24-09 thru 2-17-10

Or. Admin. R. 735-040-0110 Special Registration Plates; Nonprofit Groups, Qualifications; Application, Approval

(1) A nonprofit group that wishes to become eligible for a special registration plate issued under ORS 805.222 and 805.225, must submit the following to DMV:

(a) A completed and signed Application for Special Registration Plate (DMV Form 735-7076), a copy of the nonprofit group’s bylaws, and documentation sufficient to demonstrate to DMV that:

(A) The nonprofit group meets the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code, including the nonprofit group’s articles of incorporation and an IRS exemption determination letter, or similar IRS document granting the nonprofit group tax exempt status, and containing the nonprofit group’s federal or IRS identification number; and

(B) The nonprofit group, or a chapter of the nonprofit group, is physically located in Oregon.

(b) The name, address, phone number and email address of current directors or officers of the nonprofit group, or other person authorized by the nonprofit group to act as the nonprofit group’s representative for purposes of the nonprofit group’s special registration plate.

(c) The nonprofit group’s requested plate design, in an electronic format designated by the department. The design must comply with the plate design requirements specified in OAR 735-040-0125.

(d) For a nonprofit group representing an institution of higher education, written authorization from the institution stating the nonprofit group is eligible to obtain a special registration plate on behalf of that institution.

(e) A $5,000 preapproval fee to cover DMV’s costs to review the group’s application and requested plate design for compliance with ORS 805.222 to ORS 805.225, and DMV rules. The fee must be in the form of a check or money order payable to Oregon DMV.

(f) Any other information DMV considers necessary to determine the group is eligible for the issuance of a special registration plate.

(2) Applications and plate designs are reviewed in the order received by DMV.

(3) DMV will not issue special registration plates for a nonprofit group with a plate currently issued by DMV under ORS 805.205 and OAR 735-040-0045 until:

(a) The inventory of the nonprofit group’s plate is depleted; or

(b) The nonprofit group reimburses DMV’s plate manufacturing costs and any costs associated with the destruction of any remaining inventory of the nonprofit group’s plate.

(4) DMV may deny a nonprofit group’s eligibility for a special registration plate if:

(a) The nonprofit group’s application is incomplete or contains false information;

(b) The nonprofit group is not authorized to use the requested plate design;

(d) The nonprofit group fails to provide any information requested by DMV, or fails to meet any requirement of the special registration plate program under ORS 805.222 to 805.225, or DMV rule.

(5) DMV will notify the nonprofit group in writing if:

(a) The nonprofit group’s application or requested plate design requires additional information or modification.

(b) DMV approves the nonprofit group’s application or requested plate design.

(d) DMV withdraws the nonprofit group’s eligibility or ceases production or issuance of the nonprofit group’s plate.

(6) Upon DMV’s approval of the nonprofit group’s application and requested plate design, DMV will send the group 3,100 sequentially numbered, three-part DMV voucher forms for collection, as specified in ORS 805.225. Once collected, the group must submit at least 3,000 vouchers and all of the following to DMV:

(a) A fully executed licensing agreement between DMV and the nonprofit group for the use of any artwork, image, name, logo, mark, slogan, letter or word requested to appear on the nonprofit group’s plate;

(b) A check or money order in an amount that includes:

(A) At least $120,000, with the total amount determined by the number of vouchers sold multiplied by the $40 surcharge fee; and

(B) DMV’s anticipated costs of adding the nonprofit group’s plate to the special registration plate program. When estimating DMV’s anticipated costs, the department will include the remaining balance of any unexpended preapproval fees paid to DMV under section (1)(e) of this rule.

(d) Any unsold or voided voucher forms;

(e) A reconciliation report showing:

(A) The total number of vouchers sold, including the beginning and ending control numbers);

(B) The total number of vouchers that were lost, stolen, destroyed or voided and the control number of each;

(D) Any additional vouchers ordered and received from DMV, including the beginning and ending control numbers;

(f) The name of the financial institution and account number designated by the nonprofit group for the deposit of plate surcharge fees (minus DMV’s administrative costs) collected by DMV from the sale of the group’s special registration plate; and

(g) The nonprofit group’s final approved plate design, in an electronic format designated by the department.

(7) The fees submitted to DMV under subparagraph (6)(a)(A) of this rule are nonrefundable.

(8) An eligible nonprofit group must submit an Annual Statement of Continuing Eligibility (DMV Form 735-6942) to DMV certifying the group continues to meet the requirements for a special registration plate under ORS 805.222 to 805.225, and DMV rules. The statement is due no later than 30 days after the date of receiving an annual renewal of eligibility letter from DMV.

(9) The nonprofit group must notify DMV immediately if:

(a) There is a change in any information listed on the nonprofit group’s application or most recent statement of continuing eligibility; or

(b) The nonprofit group ceases to exist, or no longer meets the eligibility requirements for a nonprofit group under ORS 805.222 to 805.225, or DMV rule.

(10) DMV may withdraw eligibility and cease to issue a nonprofit group’s special registration plate if:

(a) The nonprofit group fails to provide any information requested by DMV;

(b) DMV determines the nonprofit group is not authorized to reproduce or use any artwork, image, name, logo, mark, slogan, letter or word previously approved for the nonprofit group’s plate;

(c) The nonprofit group fails to submit an Annual Statement of Continuing Eligibility form as required under section (8) of this rule; or

(d) The nonprofit group fails to comply with any requirement for a special registration plate under ORS 805.222 to 805.225, or DMV rule.

(11) DMV shall cease production of a nonprofit group’s plate if:

(a) DMV does not issue 2,000 sets of the nonprofit group’s plate in any one year. For purposes of this subsection, the year begins on the day that the group’s special registration plate is initially offered for sale;

(b) The group ceases to exist or becomes ineligible for the issuance of special registration plates under ORS 805.222 to 805.225, or DMV rule; or

(c) DMV determines any artwork, image, name, logo, mark, slogan, letter or word that appears on the group’s plate contains an expression of political opinion or religious belief, or violates any provision of the Oregon Vehicle Code, or DMV rule relating to registration plate content.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225
Statutes/Other Implemented: 805.222 & 805.225
DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

Or. Admin. R. 735-040-0115 Special Registration Plates; Institutions of Higher Education, Qualifications; Application, Approval

(1) An institution of higher education that wishes to become eligible for a special registration plate issued under ORS 805.222 and 805.225, must submit the following to DMV:

(a) A completed and signed Application for Special Registration Plate (DMV Form 735-7076) and documentation sufficient to DMV that:

(A) The institution is an “institution” as defined in OAR 735-040-0040, including a written certification on the institution’s letterhead from the institution’s president, chancellor, or chief executive officer stating that the institution meets the definition of an institution of higher education as defined in OAR 735-040-0040; and

(B) The institution is physically located in Oregon.

(b) The name, address, phone number and email address of current directors or officers of the institution, or other person authorized by the institution to act as the institution’s representative for purposes of the institution’s special registration plate.

(c) The institution’s requested plate design, in an electronic format designated by the department. The design must comply with the plate design requirements specified in OAR 735-040-0125.

(d) A $5,000 preapproval fee to cover DMV’s costs to review the institution’s application and requested plate design for compliance with ORS 805.222 to 805.225, and DMV rules. The fee must be in the form of a check or money order payable to Oregon DMV.

(e) Any other information DMV considers necessary to determine the institution is eligible for the issuance of a special registration plate.

(2) Applications and plate designs are reviewed in the order received by DMV.

(3) DMV will not issue special registration plates for an institution with a plate currently issued by DMV under ORS 805.205 and OAR 735-040-0045 until:

(a) The inventory of the institution’s plate is depleted; or

(b) The institution reimburses DMV’s plate manufacturing costs and any costs associated with the destruction of any remaining inventory of the institution’s plate.

(4) DMV may deny an institution’s eligibility for a special registration plate if:

(a) The institution’s application is incomplete or contains false information;

(b) The institution is not authorized to use the requested plate design;

(d) The institution fails to provide any information requested by DMV, or fails to meet any requirement for a special registration plate under ORS 805.222 or 805.225, or DMV rule.

(5) DMV will notify the institution in writing if:

(a) The institution’s application or requested plate design requires additional information or modification.

(b) DMV approves the institution’s application or requested plate design.

(d) DMV withdraws the institution’s eligibility or ceases production or issuance of the institution’s plate.

(6) Upon DMV’s approval of the institution’s application and requested plate design, DMV will send the institution 3,100 sequentially numbered, three-part DMV voucher forms for collection, as specified in ORS 805.225. Once collected, the institution must submit at least 3,000 vouchers and all of the following to DMV:

(a) A fully executed licensing agreement between DMV and the institution for the use of any artwork, image, name, logo, mark, slogan, letter or word requested to appear on the institution’s plate;

(b) A check or money order in an amount that includes:

(A) At least $120,000, with the total amount determined by the number of vouchers sold multiplied by the $40 surcharge fee; and

(B) DMV’s anticipated costs of adding the institution’s plate to the special registration plate program. When estimating DMV’s anticipated costs, the department will consider the balance of any unexpended preapproval fees provided under section (1)(d) of this rule.

(d) Any unsold or voided voucher forms;

(e) A reconciliation report showing:

(A) The total number of vouchers sold, including the beginning and ending control numbers;

(B) The total number of vouchers that were lost, stolen, destroyed or voided and the control number of each;

(D) Any additional vouchers ordered and received from DMV, including the beginning and ending control numbers.

(f) The name of the financial institution and account number designated by the institution for the deposit of plate surcharge fees (minus DMV’s administrative costs) collected by DMV from the sale of the institution’s special registration plate; and

(g) The institution’s final approved plate design, in an electronic format designated by the department.

(7) The fees submitted to DMV under subparagraph (6)(a)(A) of this rule are nonrefundable.

(8) An eligible institution must submit an Annual Statement of Continuing Eligibility (DMV Form 735-6942) to DMV certifying the institution continues to meet the requirements for a special registration plate under ORS 805.222 to 805.225, and DMV rules. The statement is due no later than 30 days after the date of receiving an annual renewal of eligibility letter from DMV.

(9) The institution must notify DMV immediately if:

(a) There is a change in any information listed on the institution’s application or most recent statement of continuing eligibility; or

(b) The institution ceases to exist, or no longer meets the eligibility requirements for a nonprofit institution under ORS 805.222 to 805.225 or DMV rule.

(10) DMV may withdraw eligibility and cease to issue an institution’s special registration plate if:

(a) The institution fails to provide any information requested by DMV;

(b) DMV determines the institution is not authorized to reproduce or use any artwork, image, name, logo, mark, slogan, letter or word previously approved for the institution’s plate;

(c) The institution fails to submit an Annual Statement of Continuing Eligibility form as required under section (9) of this rule; or

(d) The institution fails to comply with any requirement for a special registration plate under ORS 805.222 to 805.225, or DMV rule.

(11) DMV shall cease production of an institution’s plate if:

(a) DMV does not issue 2,000 sets of the institution’s plate in any one year. For purposes of this subsection, the year begins on the day that the institution’s special registration plate is initially offered for sale;

(b) The institution ceases to exist or becomes ineligible for the issuance of special registration plates under ORS 805.222 to 805.225, or DMV rule; or

(c) DMV determines any artwork, image, name, logo, mark, slogan, letter or word that appears on the institution’s plate contains an expression of political opinion or religious belief, or violates any provision of the Oregon Vehicle Code, or DMV rule relating to registration plate content.

(12) Except for the reason described in subsection (11)(a) of this rule, when DMV ceases production of an institution’s plate it will destroy all remaining plate inventory.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225
Statutes/Other Implemented: 805.222 & 805.225
DMV 3-2017, f. & cert. ef. 1-24-17
DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

Or. Admin. R. 735-040-0120 Special Registration Plates; Public Bodies, Qualifications; Application, Approval

(1) A public body that wishes to become eligible for a special registration plate issued under ORS 805.222 and 805.225 must submit the following to DMV:

(a) A completed and signed Application for Special Registration Plate (DMV Form 735-7076) and documentation sufficient to demonstrate to DMV that:

(A) The public body is a “public body” as defined in ORS 174.109 and OAR 735-040-0040, including a written certification on the public body’s letterhead from an authorized representative of the public body stating the public body is authorized by law to apply for a special registration plate and to allocate the funds necessary to obtain a special registration plate. The public body must provide the citation of the applicable law in its certification.

(B) The public body, or an office of the public body, is physically located in Oregon.

(b) The name, address, phone number and email address of current directors or officers of the public body, or other person authorized by the public body to act as the public body’s representative for purposes of the public body’s special registration plate.

(c) The public body’s requested plate design, in an electronic format designated by the department. The design must comply with the plate design requirements specified in OAR 735-040-0125.

(d) A $5,000 preapproval fee to cover DMV’s costs to review, and approve or deny the public body’s application and requested plate design for compliance with ORS 805.222, 805.225, and DMV rules. The fee must be in the form of a check or money order payable to Oregon DMV.

(e) Any other information DMV considers necessary to determine the public body is eligible for the issuance of a special registration plate.

(2) Applications and plate designs are reviewed in the order received by DMV.

(3) DMV may deny a public body’s eligibility for a special registration plate if:

(a) The public body’s application is incomplete or contains false information;

(b) The public body is not authorized to use the requested plate design;

(d) The public body fails to provide any information requested by DMV, or fails to meet any requirement for a special registration plate under ORS 805.222 to 805.225, or DMV rule.

(4) DMV will notify the public body in writing if:

(a) The public body’s application or requested plate design requires additional information or modification;

(b) DMV approves the public body’s application or requested plate design;

(d) DMV withdraws the public body’s eligibility or ceases production or issuance of the public body’s plate.

(5) Upon DMV’s approval of the public body’s application and requested plate design, DMV will send the public body 3,100 sequentially numbered, three-part DMV voucher forms for collection, as specified in ORS 805.225. Once collected, the public body must submit at least 3,000 vouchers and all of the following to DMV:

(a) A fully executed licensing agreement between and DMV and the public body, for the use of any artwork, image, name, logo, mark, slogan, letter or word requested to appear on the public body’s plate;

(b) A check or money order in an amount that includes:

(A) At least $120,000, with the total amount determined by the number of vouchers sold multiplied by the $40 surcharge fee; and

(B) DMV’s anticipated costs of adding the public body’s plate to the special registration plate program. When estimating DMV’s anticipated costs, the department will consider the balance of any unexpended preapproval fees provided under section (1)(d) of this rule.

(d) Any unsold or voided voucher forms;

(e) A reconciliation report showing:

(A) The total number of vouchers sold, including the beginning and ending control numbers;

(B) The total number of vouchers that were lost, stolen, destroyed or voided and the control number of each;

(D) Any additional vouchers ordered and received from DMV, including the beginning and ending control numbers.

(f) The name of the financial institution and account number designated by the public body for the deposit of plate surcharge fees (minus DMV’s administrative costs) collected by DMV from the sale of the public body’s special registration plate; and

(g) The public body’s final approved plate design, in an electronic format designated by the department.

(6) The fees submitted to DMV under subparagraph (5)(a)(A) of this rule are nonrefundable.

(7) An eligible public body must submit an Annual Statement of Continuing Eligibility (DMV Form 735-6942) to DMV, certifying the public body continues to meet the requirements for a special registration plate under ORS 805.222 to 805.225, and DMV rules. The statement is due no later than 30 days after the date of receiving an annual renewal of eligibility letter from DMV.

(8) The public body must notify DMV immediately if:

(a) There is a change in any information listed on the public body’s application or most recent statement of continuing eligibility; or

(b) The public body ceases to exist, or no longer meets the eligibility requirements for a public body under ORS 805.222 to 805.225 or DMV rule.

(9) DMV may withdraw eligibility and cease to issue a public body’s special registration plate if:

(a) The public body fails to provide any information requested by DMV;

(b) DMV determines the public body is not authorized to reproduce or use any artwork, image, name, logo, mark, slogan, letter or word previously approved for the public body’s plate;

(c) The public body fails to submit an Annual Statement of Continuing Eligibility form as required under section (7) of this rule; or

(d) The public body fails to comply with any requirement for a special registration plate under ORS 805.222 to 805.225, or DMV rule.

(10) DMV shall cease production of a public body’s plate if:

(a) DMV does not issue 2,000 sets of the public body’s plate in any one year. For purposes of this subsection, the year begins on the day that the public body’s special registration plate is initially offered for sale;

(b) The public body ceases to exist or becomes ineligible for the issuance of special registration plates under ORS 805.222 to 805.225 or DMV rule; or

(c) DMV determines any artwork, image, name, logo, mark, slogan, letter or word that appears on the public body’s plate contains an expression of political opinion or religious belief, or violates any provision of the Oregon Vehicle Code, or DMV rule relating to registration plate content.

(11) Except for the reason described in subsection (10)(a) of this rule, when DMV ceases production of a public body’s plate it will destroy all remaining plate inventory.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225
Statutes/Other Implemented: 805.222 & 805.225
DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

Or. Admin. R. 735-040-0125 Special Registration Plate Design

This rule establishes the plate design requirements for a special registration plate issued by DMV under ORS 805.222 to 805.225, and Division 040 rules. In addition to any other requirement for registration plates, a special registration plate design:

(1) Must be developed by DMV in consultation with an eligible organization approved by DMV under OAR 735-040-0110, 735-040-0115, or 735-040-0120, whichever is applicable;

(2) Must be legible and clearly identifiable by law enforcement personnel as a State of Oregon vehicle registration plate. DMV will consult with Oregon law enforcement for compliance with this subsection;

(3) Must contain numbers, letters, colors and artwork that have been approved by DMV;

(4) May not conflict with, or be substantially similar or identical to any existing Oregon registration plate;

(5) Must comply with the requirements for plate size, form, arrangement and materials under ORS 803.535. The registration plate dimensions described in the example Plate Diagram (revised 07-16) are adopted by reference as Appendix A;

(6) May not infringe or violate a trademark, trade name, service mark, copyright or other proprietary right;

(7) May not contain an expression of political opinion or religious belief; and

(8) May not contain any word, combination of words or image that by reasonable standards is offensive, vulgar, or an expression of contempt for a specific race, religion, ethnicity, gender, sexual orientation, disability or that refers to a controlled substance, alcoholic beverage, illegal activity or substance, or promotes or endorses a product, brand or service provided for sale.

(9) DMV will approve or deny plate designs in accordance with OAR 735-040-0110, 735-040-0115 or 735-040-0120.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225
Statutes/Other Implemented: 805.222 & 805.225
DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

Or. Admin. R. 735-040-0130 Procedures for the Sale of Special Registration Plate Vouchers

This rule describes the procedures and requirements for an organization approved by DMV to sell special registration plate vouchers, as authorized by ORS 805.222 and 805.225. An organization must comply with all of the following:

(1) The organization may only sell vouchers issued by and obtained directly from DMV.

(2) Vouchers may not be sold for an amount other than the surcharge amount established under ORS 805.222.

(3) Each voucher sold must be legibly completed with the following information:

(a) The date of sale;

(b) The name, address, phone number and email address, if available, of the person purchasing the voucher (purchaser);

(d) The purchaser’s signature acknowledging the purchaser has read and understands the terms and conditions printed on the voucher.

(e) If transferring the voucher:

(A) The name, address, phone number and email address, if available, of the person receiving the voucher; and

(B) The signature of the purchaser authorizing the transfer.

(4) Upon the sale of a voucher, the seller must provide the purchaser the “PURCHASER’S COPY” of the voucher.

(5) An organization is solely responsible for:

(a) The safety and security of all vouchers and fees collected by the organization from the sale of vouchers;

(b) Immediately reporting any lost or stolen vouchers to DMV;

(c) Marking “VOID” on any voucher that is damaged, altered, or that contains an illegible control number or an error made by the seller or purchaser during the sale;

(d) Responding to questions and resolving any disputes with purchasers regarding:

(A) The organization’s voucher sales or the fees collected by the organization from the sale of the organization’s vouchers;

(B) The organization’s policy on refunding fees collected by the organization from the sale of the organization’s vouchers; and

(6) The organization must return all void and unsold vouchers to DMV when:

(a) It submits all collected vouchers, required fees and DMV’s anticipated costs of adding the organization’s plate to the special registration plate program, as required under ORS 805.225, and as described in OAR 735-040-0110, 735-040-0115 or 735-040-0120, whichever is applicable;

(b) The organization notifies DMV that the organization has abandoned its effort to collect vouchers and obtain a special registration plate; or

(7) An organization may obtain additional vouchers by contacting DMV.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.535, 805.222 & 805.225
Statutes/Other Implemented: 805.222 & 805.225
DVM 3-2016, f. 6-22-16, cert. ef. 7-1-16

Or. Admin. R. 735-040-0140 Car Rental Company Vehicle Registration without a Primary Ownership Record

(1) A car rental company that possesses a valid Oregon vehicle dealer certificate, issued or renewed under ORS 822.020, may submit an application for vehicle title and registration to an integrator without the vehicle’s primary ownership record. The integrator, acting on behalf of the Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV), will issue registration plates, registration stickers and a registration card for the vehicle to the car rental company when the car rental company:

(a) Submits a completed application for vehicle title and registration;

(b) Submits all required documentation, except for the primary ownership record;

(d) Certifies that the car rental company:

(A) Has not received the primary ownership record for the vehicle as of the date the application is submitted; and

(B) Will submit the primary ownership record to DMV within 42 days of the submission of the application.

(2) DMV will issue a vehicle title to the car rental company for a vehicle that received registration plates, registration stickers and a registration card as provided in section (1) of this rule when the car rental company submits the primary ownership record for the vehicle to DMV. The primary ownership record must show the car rental company as the owner or dealer to which the vehicle was transferred.

(3) The car rental company must submit the primary ownership record for the vehicle issued registration plates, stickers and a registration card under section (1) of this rule, to DMV within 42 days from the date of the submission of the application to the integrator.

(4) If DMV does not receive the primary ownership record for the vehicle issued registration plates, stickers and a registration card under section (1) of this rule within 42 days of submission of the application to the integrator, DMV will cancel the registration of the vehicle in accordance with ORS 809.090.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.552 & 809.090
Statutes/Other Implemented: 803.552
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 32-2019, adopt filed 12/17/2019, effective 01/01/2020

Division 42 FLEETS

Or. Admin. R. 735-042-0000 Eligibility for Fleet Registration

(1) Fleet registration is as provided in ORS 805.120.

(2) As used in OAR 735-042-0000 through 735-042-0040, “fleet operator” means the person, or their designee, who applies for fleet registration.

(3) To be eligible for and to continue to operate vehicles under fleet registration, the following requirements must be met and maintained:

(a) The fleet must consist of at least 50 eligible vehicles;

(b) The vehicles must be titled either in the name of the same registered owner or in the name of a subsidiary company of a single parent company; and

(c) The vehicles must be housed and dispatched from a location in Oregon and must be primarily operated on an intrastate basis within Oregon.

(4) Vehicles eligible for fleet registration include:

(a) Vehicles commonly known as light trailers, passenger vehicles and light trucks (such as pickups and vans) having a loaded weight of 8,000 pounds or less;

(b) Motor trucks, truck tractors and other vehicles required to establish a registration weight under ORS 803.430, except farm-registered vehicles;

(d) Fixed load vehicles.

(5) Vehicles with registration that restricts their use or allows special registration provisions are not eligible for fleet registration. For example, school buses or school activity vehicles are not eligible.

History

Statutory/Other Authority: ORS 802.010, 803, 805.120 & Ch. 76 & 723 & OL 1989
Statutes/Other Implemented: ORS 805.120
MV 57-1989, f. 12-29-89, cert. ef. 1-1-90
MV 47-1989, f. & cert. ef. 11-16-89
MV 7-1986, f. & ef. 4-16-86, Renumbered from 735-100-0800

Or. Admin. R. 735-042-0010 Fleet Operator Responsibilities

(1) Fleet registration plates shall be surrendered to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) within 30 days of the date:

(a) A vehicle becomes ineligible for fleet registration; or

(b) A vehicle is withdrawn from a fleet.

(2) The fleet operator may certify that a plate has been lost or destroyed instead of surrendering a plate under section (1) of this rule.

(3) The fleet operator is responsible for registration fees until a vehicle is ineligible or withdrawn from the fleet and:

(a) The registration plate is received by DMV; or

(b) DMV receives a certification that the registration plate is lost or destroyed.

(4) When a new fleet qualifies for this program, the fleet operator shall:

(a) Turn in the plates currently on the vehicles to DMV; or

(b) Destroy the plates and provide DMV with a certification listing the plates that were destroyed.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.415, 803.420 & 805.120
Statutes/Other Implemented: ORS 805.120
DMV 5-2006, f. & cert. ef. 5-25-06
MV 47-1989, f. & cert. ef. 11-16-89
MV 7-1986, f. & ef. 4-16-86, Renumbered from 735-100-0810

Or. Admin. R. 735-042-0020 Application for and Issuance of Fleet Registration

(1) An applicant for fleet vehicle registration must submit the following to DMV for each fleet vehicle to be registered:

(a) A completed and signed DMV application list for fleet vehicle registration and applicable fees;

(b) The name and address of the fleet operator, the billing address and the name and phone number for the person in charge of fleet registration;

(c) If applicable, the current registration plate number, registration expiration date, vehicle identification number (VIN) and title number;

(d) If the applicant requests to have the entire fleet’s registration expire at the same time, the requested month of expiration;

(e) A service fee of $2 for each vehicle registered or added to an existing fleet and a $1 fee for each registration renewal; and

(f) Any other requirements for vehicle registration including applicable fees, proof of insurance and proof of emissions compliance.

(2) Registration expiration dates for fleet vehicles will be recorded on DMV records. Expiration dates are not included on registration plates or registration cards.

(3) DMV will assign a unique registration account number to each vehicle fleet registered in Oregon.

(4) Fleet plates are issued with a "PF" prefix, and may not be transferred to another vehicle.

(5) Except as provided in OAR 735-042-0030, fleet vehicles eligible for quarterly registration will be registered on an annual basis. Vehicles subject to biennial registration will be registered for a two-year period.

(6) Approximately 60 days before the registration on a fleet vehicle is due to expire, DMV will provide a billing list for each vehicle that needs its registration renewed to the person in charge of fleet registration. Renewal will be issued upon return receipt of a completed signed billing list that includes applicable fees, proof of insurance and proof of emissions compliance, if required.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 803.415, 803.420 & 805.120
Statutes/Other Implemented: ORS 805.120
DMV 5-2006, f. & cert. ef. 5-25-06
MV 57-1989, f. 12-29-89, cert. ef. 1-1-90
MV 47-1989, f. & cert. ef. 11-16-89
MV 22-1988, f. 6-29-88. cert. ef. 7-1-88
MV 7-1986, f. & cert. ef. 4-16-86, Renumbered from 735-100-0820

Or. Admin. R. 735-042-0030 Fleet Registering for One Month Expiration

(1) A fleet operator may request that the registration of all vehicles in the fleet expire in the same month. The month chosen may be any month of the year:

(a) The request shall be in writing and shall be signed by the fleet operator;

(b) When a request is received, all renewal fees due shall be paid before the conversion process can begin; and

(c) The request to adjust the registration and the payment of all renewal fees due shall be submitted at least 120 days prior to the end of the month chosen.

(2) All expiration dates will be moved forward.

(3) There will be no refunds or credits during the conversion process.

(4) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall prorate all registration fees consistent with section (11) of this rule to reflect the expiration changes.

(5) Adjustment of a vehicle’s registration expiration to a future month shall be considered to be a renewal of that vehicle’s registration and all applicable registration renewal requirements shall be met by the fleet operator.

(6) A special billing shall be produced for the fleet showing the prorated fee needed to adjust the registration expirations of the fleet’s vehicles to the chosen month. This special billing shall be returned to DMV with the fees within 45 days of the date the special billing was mailed or delivered to the fleet operator.

(7) If the 120-day requirement in subsection (1)(c) of this rule is not met, DMV may choose to accept the request if the remaining provisions of section (1) of this rule are met and if there is sufficient time to complete the conversion process prior to the end of the month chosen.

(8) If the 45-day requirement in section (6) of this rule is not met, DMV may choose to continue with the conversion if there is sufficient time to complete the conversion process prior to the end of the month chosen. Otherwise, the conversion process shall be abandoned and the fleet-registered vehicles shall retain the currently assigned expirations.

(9) Vehicles added to a fleet during or after the conversion process shall be assigned a registration expiration month that corresponds with that of the other vehicles in the fleet.

(10) When DMV changes or assigns an expiration month to correspond with that of other vehicles in the fleet, the registration fees shall be prorated according to section (11) of this rule.

(11) When registration fees are prorated under section (4) or (10) of this rule, the fee shall be rounded down to the nearest $.25. For example, $10.79 would be rounded down to $10.75 and $10.23 would be rounded down to $10.

History

Statutory/Other Authority: ORS 802.010, 803, 805.120 & Ch. 76 & 723 & OL 1989
Statutes/Other Implemented: ORS 805.120
MV 47-1989, f. & cert. ef. 11-16-89
MV 7-1986, f. & ef. 4-16-86, Renumbered from 735-100-0830

Or. Admin. R. 735-042-0040 Fleet Cancellation

(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) may cancel the registration of any or all vehicles in a fleet or declare the fleet ineligible for fleet registration if DMV determines the fleet operator has:

(a) Failed to maintain a fleet size of 50 vehicles for a consecutive 60-day period;

(b) Permitted the registration issued to be used on a vehicle other than the one to which it was assigned;

(c) Failed to pay renewal fees or meet any applicable registration renewal requirements by the last day of the month of expiration;

(d) Failed to pay, or attempted to avoid payment of any fees required by statute or rule for fleet registration, which includes payment of registration fees in lieu of surrendering plates for vehicles removed from the fleet;

(e) Falsely certified to DMV the disposition of plates required by OAR 735-042-0010(2) or (4); or

(f) Failed to surrender plates or a certification as to the disposition of the plates to DMV within 30 days of the date any vehicle became ineligible or was no longer operated by the fleet.

(2) Fleets whose registrations are cancelled shall be eligible for a hearing as outlined by ORS 183.310, 183.550, and 809.100.

History

Statutory/Other Authority: ORS 802.010, 803, 805.120 & Ch. 76 & 723 & OL 1989
Statutes/Other Implemented: ORS 805.120
MV 47-1989, f. & cert. ef. 11-16-89
MV 7-1986, f. & ef. 4-16-86, Renumbered from 735-100-0840

Or. Admin. R. 735-042-0050 Allocated Fleets — General Provisions

(1) “Allocated fleet” means a fleet of vehicles operated for hire in Oregon and other jurisdictions, a portion of which are registered in each jurisdiction on a formula specified in an agreement reached pursuant to ORS 802.500(1)(h).

(2) A fleet of vehicles operated for hire, commonly referred to an “rental” vehicles, may be registered as an allocated fleet as provided in this rule and agreements between the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) and other jurisdictions reached pursuant to ORS 802.500(1)(h).

(3) The basis for determining the number of vehicles in the fleet which must be registered in Oregon shall be as specified in the agreement reached under ORS 802.500(1)(h) and under which the fleet operator seeks to register vehicles in Oregon.

(4) To be eligible for allocated fleet registration, the fleet operator shall complete a written agreement with DMV. In the agreement, the fleet operator shall agree to:

(a) Register in Oregon the number of vehicles required to be registered in Oregon based on the agreement reached pursuant to ORS 802.500(1)(h);

(b) Keep records, appropriate to the type of fleet and basis for allocation, sufficient to justify the number of vehicles registered in each jurisdiction and show that the proper fees have been paid to each;

(c) Make available to DMV or its designee the records required to be kept under subsection (4)(b) of this rule for purposes of auditing the accuracy of the fees paid and number of vehicles registered. Such records shall be provided to DMV or its designee at the location specified by DMV, or the fleet operator shall pay the reasonable costs of an audit at the operator’s home office by a duly appointed representative of DMV;

(d) Keep the records required to be kept under subsection (4)(b) of this rule for a period of two years following the expiration of any registration obtained; and

(e) Provide to DMV certified written statements at intervals specified in the agreement, regarding the number of vehicles in the fleet, the number of vehicles registered in Oregon and a summary of the data used to calculate the number of vehicles to be registered in Oregon.

(5) If DMV determines that the fleet operator did not register enough of the vehicles of the fleet in Oregon, DMV may deny privileges to the fleet until the additional vehicles are registered. Such denial of privileges may include, but shall not be limited to, withdrawal of registration reciprocity for vehicles of the fleet registered in other jurisdictions.

History

Statutory/Other Authority: ORS 184.616 & 803.410
Statutes/Other Implemented: ORS 802.500, 803.305, 803.410 & 803.415
MV 1-1994, f. & cert. ef. 1-19-94

Or. Admin. R. 735-042-0060 Allocated Fleets — Light Trailers

(1) An allocated fleet of trailers operated for hire may be registered as provided in this rule. To qualify for registration under this rule:

(a) The owner of the fleet shall have an agreement with the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) as provided in OAR 735-042-0050;

(b) A trailer shall be part of a fleet of two or more trailers operated for hire in this state and other jurisdictions by an individual, association or group of owners; and

(c) The trailers in the fleet shall be identifiable (e.g., through markings or lettering on the trailer) as being operated as a fleet.

(2) None of the trailers in the fleet may be operated on the highways of this state with a loaded weight of more than 8,000 pounds, whether or not a particular trailer of the fleet is registered under this rule.

(3) Trailers registered as a fleet under this rule may be registered under annual registration as provided in ORS 803.415, or under five-year registration as provided in this rule. As used in this rule, “five-year registration” refers to for-hire trailer registration which is valid for a maximum of five years.

(4) Trailers registered under annual registration shall be issued registration indicia (a registration card and a registration plate) reflecting an annual expiration date of December 31st of each year. Trailers initially registered after December 10 shall have an expiration of December 31st of the following year.

(5) All five-year registrations shall expire December 31, 1995, and at five-year intervals thereafter. The expiration of a trailer registered under five-year registration shall be on December 31 in the next expiration year. For example, a trailer registered under five-year registration on August 15, 1993, shall expire December 31, 1995, and a trailer registered in 1996 shall expire December 31, 2000.

(6) Trailers registered under five-year registration shall be issued registration indicia reflecting an expiration date of December 31 of the next five-year expiration year.

(7) The fee for five-year registration shall be the fee for annual registration of for-hire trailers as provide in ORS 803.420 multiplied by the number of calendar years or portion thereof remaining in the five-year registration period in which the trailer is registered. The fee for five-year registration shall be paid upon initial registration, except as provided in section (8) of this rule for payment on an annual basis. No registration fees for trailers registered under this rule shall be prorated or otherwise reduced due to any trailer being registered for less than a full registration period. If paid on an annual basis, the annual fee for five-year registration shall be the same as the annual fee as provided in ORS 803.420 for trailers operated for-hire.

(8) To qualify for five-year registration on an annual fee basis, the owner of the fleet shall enter into a written agreement with DMV, in which the owner agrees to:

(a) Pay the annual fee for the first year of registration in advance;

(b) Comply with the security requirements under section (9) of this rule;

(d) Return to DMV any unexpired registration indicia issued for any trailer withdrawn from the fleet or for which registration fees are otherwise not paid.

(9) The owner of trailers registered under five-year registration on an annual fee basis shall, upon application for five-year registration, file with DMV sufficient security to ensure that the remaining annual registration fees for every trailer issued five-year registration shall be paid.

(10) The security filing under section (9) of this rule shall be:

(a) An irrevocable letter of credit through the end of the current five-year registration period, ensuring that sufficient funds are on deposit to pay the balance of the registration fees for all of the trailers so registered; or

(b) A surety bond in an amount sufficient to pay the balance of registration fees for all trailers so registered.

(11) DMV shall cancel the registration of any trailers registered under five-year registration on an annual fee basis if the owner fails to pay the registration fee as provided in subsection (8)(c) of this rule. Such cancellation may include withdrawal of registration reciprocity for vehicles of the fleet registered in other jurisdictions.

History

Statutory/Other Authority: ORS 184.616 & 803.410
Statutes/Other Implemented: ORS 802.500, 803.305, 803.410 & 803.415
MV 1-1994, f. & cert. ef. 1-19-94

Division 46 SPECIAL PLATES

Or. Admin. R. 735-046-0000 Definitions

The following definitions apply to OAR 735-046-0000 through 735-046-0050:

(1) “Current Issue” means any registration plate type, plate background or plate series approved by DMV for issuance.

(2) “Current use” means any registration plate type, plate background or plate series that is no longer issued, but is approved for registration renewal or for special interest registration, or is a permanent registration plate. Examples of current use registration plates include:

(a) Passenger vehicle plates issued 1961 or later; and

(b) Motorcycle or moped plates issued 1968 or later.

(3) “Custom plates” mean customized registration plates authorized under ORS 805.240.

(4) “DMV” means the Driver and Motor Vehicle Services Division of the Department of Transportation.

(5) “Plate choice” means the numbers or letters, or combination of numbers and letters (characters), requested by an applicant for custom plates. For purposes of custom plates, the letter “O” and the number “zero” are identical. A plate choice does not include a plate’s background, design, method of validation, or any other information DMV may require.

(6) “Plate configuration” means a unique combination of numbers or letters that have been or may be assigned to registration plates.

History

Statutory/Other Authority: ORS 184.619, 802.010, 805.103, 805.200 & 805.220
Statutes/Other Implemented: ORS 803.530, 803.535, 805.103, 805.200, 805.220 & 805.240
DMV 32-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 3-2014, f. & cert. ef. 5-19-14
DMV 22-2008, f. & cert. ef. 9-11-08
DMV 15-2008, f. & cert. ef. 6-23-08
DMV 8-1997, f. & cert. ef. 10-16-97
DMV 9-1994, f. & cert. ef. 9-30-94
MV 48-1989, f. & cert. ef. 11-16-89
MV 25-1988, f. & cert. ef. 10-3-88
MV 9-1987, f. & ef. 9-1-87, Renumbered from 735-071-0058
MV 1-1983, f. & ef. 1-28-83
MV 1-1981, f. & ef. 2-5-81

Or. Admin. R. 735-046-0010 Custom Plates: Application and Standards

(1) A person who wishes to obtain custom plates must submit an application for custom plates and all applicable fees to DMV. Custom plate choices:

(a) May not be reserved in advance of application and payment of required fees; and

(b) Are approved and assigned by DMV on a first-come, first-served basis. When two or more applications requesting an identical plate choice are received, DMV will consider for approval the first one received with the required fees, without regard to whether the first application received is an original application for a custom plate or an application for renewal of a custom plate that has been expired for more than 180 days. “Application,” as used in this subsection, may include application by phone or electronic submission, provided DMV is in possession of the required fees.

(2) An applicant for custom plates must qualify for Oregon title and registration for the vehicle listed on the custom plate application.

(3) A custom plate choice is assigned to a vehicle at the time the plate is issued by DMV.

(4) A custom plate choice must:

(a) Be compatible with DMV's computer system;

(b) Not be identical to any plate configuration reserved for:

(A) Qualified Congressional Medal of Honor recipients;

(B) Current Oregon office holders;

(D) The Governor, unless the custom plate is issued under the provisions of OAR 735-046-0050;

(d) Be alphabetic or numeric characters, or alphanumeric characters, without any punctuation or symbols other than a dash or space;

(e) Include at least one alphabetic or numeric character;

(f) Be limited to no more than six alphabetic characters, numeric characters, spaces or dashes, except that a seventh character may be a space or dash;

(g) Except as provided in section (5) of this rule, not be identical to any other plate configuration in current use. The use of a space or a dash within a plate choice is not considered when determining whether the plate is identical to another plate configuration.

(5) In addition to other provisions of this rule, all of the following apply to approval of a plate choice that is identical to a plate configuration that is in current use:

(a) DMV may approve a plate choice that conflicts with a plate configuration currently in use for motor vehicles registered under ORS 803.420(6)(a) (i.e., passenger plated vehicles) if:

(A) The specific plate configuration requested has previously been issued and is not still in inventory or reserved for future issuance;

(B) The previously issued plates bearing the plate choice are surrendered to DMV with the custom plate request, or are no longer in circulation. If there is any question about such plates being in circulation, it is the applicant's responsibility to satisfy DMV that the plates have been destroyed, surrendered to DMV or another jurisdiction, or are not available for use on a vehicle; and

(b) For motor vehicles other than those registered under ORS 803.420(6)(a), specifically, vehicles that are not passenger plated vehicles, DMV may approve a plate choice that is identical to a plate configuration that is in current use if:

(A) The vehicle to which the custom plates are to be issued is of a different type than the vehicle to which the plates bearing the identical plate configuration are in current use or could be issued. For example, a plate choice that is identical to a disabled veteran plate configuration (for example D00001) will not be assigned to a custom plate issued to either a passenger vehicle or motor home. A plate choice that is identical to a motor home plate configuration (for example H00001) will not be assigned to a custom plate issued to a motor home but DMV may allow the configuration to be assigned to a custom plate issued to a passenger vehicle;

(B) The plate choice requested is not currently assigned to a registration plate; and

(6) DMV will not approve a custom plate choice, including plate choices that would do so by means of foreign or slang words or phrases, by use of phonetic, numeric or reverse spelling, or by being viewed in mirror image, that:

(a) Would have the effect of alarming, threatening, offending or misleading a reasonable person. Such choices may include, but are not limited to, combinations of letters, numbers or both that:

(A) Refer to intimate bodily parts or to sexual or excretory acts or functions;

(B) Refer in an alarming or offensive manner to a person or class of persons on the basis of race, color, gender, ethnic heritage, national origin, or other characteristic;

(C) Suggest that the vehicle to which the custom plate is issued is an official vehicle of a public agency or official, when it is in fact not such a vehicle; or

(D) Refer to illegal acts.

(b) Refer to alcoholic beverages, or controlled substances or paraphernalia used in the consumption thereof by combinations of letters, numbers or both.

(7) DMV may use any reliable lexicological source to determine the meaning of any word, symbol or phrase.

(8) When reviewing a plate choice for approval, DMV need not consider the applicant's subjective intent or declared meaning.

History

Statutory/Other Authority: ORS 184.619, 802.010, 805.103, 805.200, 805.205 & 805.220
Statutes/Other Implemented: ORS 803.420, 803.535, 805.103, 805.200, 805.220, 805.240 & 805.250
DMV 32-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 18-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 5-2021, temporary amend filed 03/11/2021, effective 03/11/2021 through 09/06/2021
DMV 42-2018, amend filed 10/22/2018, effective 10/22/2018
DMV 8-2018, amend filed 06/26/2018, effective 06/26/2018
DMV 33-2017, minor correction filed 12/27/2017, effective 12/27/2017
DMV 1-2010, f. & cert. ef. 1-28-10
DMV 15-2009(Temp), f. & cert. ef. 8-24-09 thru 2-17-10
DMV 22-2008, f. & cert. ef. 9-11-08
DMV 15-2008, f. & cert. ef. 6-23-08
DMV 23-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08
DMV 8-1997, f. & cert. ef. 10-16-97
DMV 9-1994, f. & cert. ef. 9-30-94
MV 48-1989, f. & cert. ef. 11-16-89
MV 25-1988, f. & cert. ef. 10-3-88

Or. Admin. R. 735-046-0030 Custom Plates — Issuance, Renewal and Transfer

(1) Custom plates shall only be issued to vehicles of the types described in this section. Vehicle types for which custom plates may be issued include:

(a) Motor vehicles that would be registered under ORS 803.420(6)(a) if special registration plates were not requested (for example, passenger vehicles such as cars or lightweight trucks);

(b) Travel trailers;

(d) Motor homes;

(e) Mopeds; and

(f) Motorcycles.

(2) Custom plates shall not be approved for vehicles registered under registration provisions for which issuance of a special registration plate is required, or for which DMV routinely issues special plates (for example, disabled veteran or farm).

(3) Vehicles issued custom plates are subject to the same requirements as they would be if they did not have special plates (i.e., mandatory insurance or Department of Environmental Quality inspection) as specified by rule or law.

(4) If the custom plate is not renewed within 180 days from the expiration of the vehicle registration period, or if the plate(s) is surrendered to DMV, the custom plate choice shall be considered available for approval and assignment on a first come, first served basis, upon application by any applicant. The owner of the vehicle to which the custom plate was originally issued may again be assigned that plate choice if:

(a) A custom plate with that plate choice has not already been issued for use on another applicant’s vehicle;

(b) The applicant otherwise complies with requirements for registration of the vehicle;

(d) There is no application pending for the plate choice by another applicant, as established by OAR 735-046-0010(1).

(5) Custom plates are assigned to specific vehicles and shall remain with that vehicle except as otherwise provided in this rule or by statute. All of the following apply to custom plate transfers:

(a) When a vehicle bearing a custom plate is sold, assigned or otherwise transferred, and the owner (seller) chooses to retain the custom plate choice for transfer to another vehicle, it shall be the responsibility of the owner (seller) to:

(A) Remove the plates from the vehicle prior to the sale or transfer, or make arrangements with the purchaser to remove the plates from that vehicle; and

(B) Comply with requirements for transfer of the plates or plate choice to another vehicle, including making application to DMV and paying any required fees.

(b) If the owner (seller) does not retain the plates prior to the sale or transfer, and is unable to make arrangements for removal of the plates from that vehicle, the plates and that plate choice shall remain assigned to that vehicle except as otherwise provided in rule or statute.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 805.240
DMV 18-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 5-2021, temporary amend filed 03/11/2021, effective 03/11/2021 through 09/06/2021
DMV 8-2018, amend filed 06/26/2018, effective 06/26/2018
DMV 34-2017, minor correction filed 12/27/2017, effective 12/27/2017
DMV 8-1997, f. & cert. ef. 10-16-97
MV 48-1989, f. & cert. ef. 11-16-89
MV 25-1988, f. & cert. ef. 10-3-88

Or. Admin. R. 735-046-0040 Custom Plates — Review of Custom Plate and Recall

(1) DMV may at any time review a custom plate to determine compliance with OAR 735-046-0000 through 735-046-0050 and any written department policy.

(2) DMV shall recall a custom plate without regard to the date first issued if DMV determines that it violates any administrative rule or written department policy.

(3) Upon notification that a custom plate is being recalled, the vehicle owner:

(a) Shall surrender the plate(s) to DMV within 10 days; and

(b) May apply for approval of a new custom plate choice without payment of an additional fee.

(4) If the vehicle owner of the recalled plate does not apply for a new custom plate or the requested plate choice is not approved, DMV shall issue a regular registration plate and refund the customized registration plate fee applicable for the current vehicle registration period.

History

Statutory/Other Authority: ORS 184.616 & 184.619
Statutes/Other Implemented: ORS 805.240
DMV 8-1997, f. & cert. ef. 10-16-97
DMV 9-1994, f. & cert. ef. 9-30-94
MV 25-1988, f. & cert. ef. 10-3-88

Or. Admin. R. 735-046-0050 Congressional Medal of Honor, Elected Official and Consular Corps Plates

(1) Requirements and Qualifications. In addition to all other requirements for registration, an applicant for Congressional Medal of Honor plates, elected official plates or consular corps plates must submit to DMV an application for registration and all applicable fees, including any fee required for the custom plate requested. At the time of application, the applicant must be the registered owner of the vehicle listed on the application and:

(a) For Congressional Medal of Honor recipients, meet the qualifications for issuance of Congressional Medal of Honor plates under ORS 805.103 and this rule;

(b) For elected officials, meet the qualifications of ORS 805.220, and hold the office specified on the application. DMV may contact the Secretary of State to verify compliance with this subsection;

(c) For consular corps plates, provide proof to DMV that the applicant is appointed by a foreign government as an honorary consul and is acting in that capacity. Proof under this subsection is a copy of the applicant’s current Consular Identification Card issued by the U.S. Department of State, Office of Protocol.

(2) For purposes of section (1) of this rule, the annual custom plate fee set forth in ORS 805.250(2)(a) for issuance or renewal of Congressional Medal of Honor plates is waived and is not a required fee.

(3) Elected official plates are assigned to a specific vehicle and — if requested by the applicant — are issued in addition to the regular registration plates issued to the vehicle. The fee for an elected official plate issued in addition to a regular series plate is the plate manufacturing fee established under ORS 803.570. Elected official plates may be transferred to another vehicle if:

(a) The vehicle to which the plates are to be transferred is registered in the name of the elected official who qualifies for the particular plate configuration; and

(b) The applicant submits to DMV a completed application that identifies the vehicle to which the elected official plates are to be assigned.

(4) Consular corps plates are assigned to a specific vehicle and may only be transferred to another vehicle under section (5) of this rule.

(5) Plate Transfer. In addition to all other requirements for transferring registration plates, an applicant for a plate transfer must submit to DMV a completed, signed application to transfer registration plates and all applicable fees. At the time of transfer, the applicant must be the registered owner of the vehicle listed on the application. There is no plate transfer fee for elected official plates.

(6) Plate Configurations. The following plate configurations are reserved as specified:

(a) For Congressional Medal of Honor recipients: Except as provided in paragraph (B) of this subsection, the applicant may choose the letter combination “MOH” or “CMH,” which will be followed by a single number from 1 to 9, to be designated by DMV;

(A) A total of 18 pairs of Congressional Medal of Honor plates are reserved for issuance to qualified Congressional Medal of Honor recipients.

(B) When a Congressional Medal of Honor plate configuration is issued, it will be removed from the list of available plates and will not be issued again. For example, after plate configuration “CMH 1” is issued, that configuration is no longer available. The next qualified applicant is issued the next available plate number in numeric order.

(b) For elected officials:

(A) Governor: “GOVERNOR 1”;

(B) Secretary of State: “SECRETARY OF STATE 2”;

(D) President of the Senate: “PRESIDENT OF THE SENATE 4”;

(E) President pro tempore of the Senate: “SENATE PRESIDENT PRO TEMPORE 4A”;

(F) Speaker of the House of Representatives: “SPEAKER OF THE HOUSE OF REPRESENTATIVES 5”;

(G) Speaker pro tempore of the House: “SPEAKER OF THE HOUSE PRO TEMPORE 5A”;

(H) State Senators: “STATE SENATOR” followed by the applicable Senate district number;

(I) State Representatives: “STATE REP.” followed by the applicable House district number;

(J) U.S. Senator: “U.S. SENATOR” followed by the number 1 or 2, depending on seniority;

(K) U.S. Representative: “U.S. REP.” followed by the House District number; and

(7) In addition to the elected official plate for the Governor under subsection (3)(b) of this rule, DMV will issue regular series plates to the Governor upon request from the Governor’s office. The fee for a regular series plate issued under this section is the plate manufacturing fee established under ORS 803.570.

(8) The plates must be removed from the vehicle to which they are assigned when the person no longer qualifies for elected official plates or consular corps plates because the term of office or appointment expires, or the person otherwise ceases to act in the official capacity required to qualify for the plates. After removing the plates from the vehicle, the person may surrender the plates to DMV or retain the plates as a souvenir.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 805.103, 805.200, 805.205 & 805.220
Statutes/Other Implemented: ORS 803.420, 803.530, 803.535, 805.103, 805.200, 805.220, 805.240, 805.242 & 805.250
DMV 23-2010, f. 12-22-10, cert. ef. 1-1-11
DMV 1-2010, f. & cert. ef. 1-28-10
DMV 15-2009(Temp), f. & cert. ef. 8-24-09 thru 2-17-10
DMV 22-2008, f. & cert. ef. 9-11-08
DMV 15-2008, f. & cert. ef. 6-23-08
DMV 23-2007(Temp), f. 12-24-07, cert. ef. 1-1-08 thru 6-27-08
MV 13-1992, f. & cert. ef. 10-16-92
MV 25-1988, f. & cert. ef. 10-3-88

Or. Admin. R. 735-046-0060 Graphic Registration Plate Series

(1) The graphic design plate produced as provided in chapter 572, Oregon Laws 1987, shall be issued as provided in section (2) of this rule to:

(a) Vehicles registered under ORS 803.420(6)(a). This includes, but is not limited to the following vehicles:

(A) Motor trucks with a loaded weight of 8,000 pounds or less, except armored cars, wreckers, tow vehicles, hearses or ambulances;

(B) Vehicles commonly known as passenger cars; and

(C) Trailers with a loaded weight of 8,000 pounds or less, except travel trailers or trailers registered under a statute other than ORS 803.420(6)(a).

(b) Any vehicle covered in section (1) of this rule and registered with a customized plate(s) as provided in ORS 805.240;

(c) Government-owned or -operated vehicles of the type covered under ORS 803.420(6)(a) issued plates other than government-owned vehicle registration plates as described in ORS 805.200;

(d) Elected official plates covered under ORS 805.220; and

(e) Oregon National Guard plates covered under ORS 805.200.

(2) Vehicles listed in section (1) of this rule shall be issued a plate bearing the graphic design:

(a) Upon the initial registration of the vehicle in Oregon;

(b) Upon application for replacement plate(s); and

(c) Any time a plate(s) would normally be issued to a vehicle (i.e., when a change in registration type or change in class occurs, such as when the weight of a pickup truck is reduced and its registration changes from heavy truck registration under ORS 803.420(14) to passenger truck registration under ORS 803.420(6)(a)).

(3) Nothing in this rule shall be deemed to limit the issuance of special registration plates as described in ORS Chapter 805.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 805.115
Statutes/Other Implemented: ORS 803.520 & 803.535
DMV 35-2017, minor correction filed 12/27/2017, effective 12/27/2017
DMV 5-2000, f. & cert. ef. 8-10-00
MV 14-1991, f. 9-18-91, cert. ef. 9-29-91
MV 23-1988, f. 6-29-88, cert. ef. 7-1-88

Or. Admin. R. 735-046-0070 Charitable Organization/Non-Profit — Registration

(1) As used in this rule “charitable-nonprofit registration” means the registration established under ORS 803.420(11) for certain vehicles used exclusively as described in ORS 825.015 or 825.017.

(2) “Charitable organization” is as defined in ORS 825.017. To qualify as a charitable organization under this rule, the organization shall first qualify as such with the Motor Carrier Transportation Division (MCTD) of the Oregon Department of Transportation.

(3) “Nonprofit” is as is defined in ORS 825.015.

(4) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) shall issue plates of a special design for vehicles registered under charitable-nonprofit registration. Such plates shall:

(a) Contain the prefix letters “CN” followed by numerals;

(b) Be validated by a sticker that reflects the month and year of the registration expiration; and

(c) Only be valid for display on vehicles that qualify for charitable-nonprofit registration, and which are operated within the restrictions placed on that type of registration.

(5) To be eligible for charitable-nonprofit registration the vehicle shall be a motor vehicle that has a loaded weight of more than 8,000 pounds, and that either:

(a) Has a seating capacity of fewer than 16 persons, and is used exclusively in nonprofit operation for commuting to job, job training or educational facilities; or

(b) Is owned or operated by a charitable organization or under contract with a charitable organization, and used exclusively in performing transportation, either one way or round trip, necessary to the operation of the charitable organization.

(6) For a vehicle to qualify for charitable-nonprofit registration the owner shall make application to DMV. All of the following apply to the initial registration of a vehicle under charitable-nonprofit registration:

(a) The applicant shall complete a certification on a form provided by DMV, or facsimile thereof, that shall include but may not be limited to a statement that:

(A) The vehicle shall be used exclusively as described in ORS 825.015 or 825.017;

(B) In the case of a vehicle being used by or under contract with a charitable organization, that the organization has an affidavit on file with MCTD as required under ORS 825.017; and

(C) That should the vehicle cease to be used for such purposes, or if the vehicle is sold to someone who does not qualify, that the charitable organization registration plates shall be surrendered to DMV.

(b) Plate manufacturing fees as established under OAR 735-032-0010 shall be required for the issuance of charitable-nonprofit registration plates.

History

Statutory/Other Authority: ORS 184.616, 184.619, 803.420(11), 803.535 & 805.200
Statutes/Other Implemented: ORS 803.420 & 805.200
DMV 8-1997, f. & cert. ef. 10-16-97
MV 55-1989, f. & cert. ef. 12-21-89

Division 48 FARM VEHICLES

Or. Admin. R. 735-048-0000 Definitions

For the purposes of OAR 735-048-0000 through 735-048-0080 the following definitions apply:

(1) “CCD” means the Commerce and Compliance Division of the Oregon Department of Transportation.

(2) “Farm registration” is as provided in ORS 805.300 and includes any plates, stickers, tabs or devices issued as evidence of that registration.

(3) “Proportional farm registration” is as provided for in ORS 805.400 and includes plates, stickers, permits or other identification devices issued under ORS 805.200 and ORS 805.400.

(4) “Initial farm or proportional farm application” means the process by which a person first qualifies as a farmer and receives farm or proportional farm registration for vehicles being used in conjunction with the farming operation.

(5) “Farming operation” means the one or more farms, orchards or ranches belonging to a qualifying farmer; the agricultural commodities, products or livestock produced or raised thereon and the vehicles registered with farm or proportional farm registration for use in conjunction with the farming operation.

(6) “Qualifying farmer” means a person who has applied for and received certification as a farmer from CCD in conjunction with a particular farming operation.

(7) “Agricultural commodities” as used in ORS 805.320 and 805.390 includes but is not limited to, livestock, poultry, agricultural, horticultural, viticultural and vegetable products. It does not include trees or forest byproducts except:

(a) Christmas trees which are grown or growing on land which has been prepared by intensive cultivation and tilling and on which all unwanted plant growth is controlled continuously for the exclusive purpose of growing such Christmas trees; or

(b) Hardwood timber, including but not limited to, hybrid cottonwood and hybrid poplars, which are:

(A) Grown or growing on land which has been prepared by intensive cultivation methods and which is cleared of competing vegetation for at least three years after tree planting;

(B) Of a species marketable as fiber for manufacturing paper products;

(D) Subject to intensive agricultural practices such as fertilization, insect and disease control, cultivation and irrigation.

(8) “Agricultural products” as used in ORS 805.320 and 805.390 includes products and by-products of agricultural commodities or livestock subject to the restrictions found in ORS 805.390(1).

(9) “Actually producing” means the farmer is growing agricultural commodities or raising livestock. For example, clearing the land with the intent of farming at a later date is not considered actually producing; however, an orchard which has been planted is considered actually producing.

(10) “Straw” is the stalk of grass or grain that is left after threshing.

(11) “Forest products” means products as defined in ORS 321.005(6).

(12) “Owner” and “ownership” of vehicles are as defined in ORS 801.375. In the case of a leased vehicle, the lessee must be shown as owner on the title as required by OAR 735-022-0100.

(13) A “substantial change” to a farming operation may occur when any of the following happens:

(a) The amount of land owned, leased or rented by the farmer listed for purposes of qualifying for farm registration decreases;

(b) The amount of agricultural commodities, products produced or livestock raised decreases to the point that they do not reasonably require the use of the vehicles registered under farm operation;

(c) The vehicle(s) ceases to be used on the one or more farms, orchards or ranches for which farm or proportional farm registration was applied for or ceases to be used for the purposes allowed under such registration; or

(d) The farming operation begins operating vehicles (other than pickup trucks) in combinations of four or more axles or which have a registered weight of over 26,000 pounds.

(14) “Non-qualifying commercial enterprise” means any business which is not directly related to the raising of agricultural commodities, livestock or the producing of agricultural products. An example of a non-qualifying commercial enterprise is a timber business.

History

Statutory/Other Authority: ORS 184.619 & 823.011
Statutes/Other Implemented: ORS 802.010 & 805.300 – 805.410
DMV 9-2020, minor correction filed 05/29/2020, effective 05/29/2020
DMV 4-2013, f. & cert. ef. 4-22-13
DMV 16-2004, f. & cert. ef. 7-15-04
DMV 10-1996, f. & cert. ef. 11-21-96
MV 11-1993, f. 10-22-93, cert. ef. 11-4-93
MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0087
MV 20-1983 f. 12-30-83, cert. ef. 1-1-84

Or. Admin. R. 735-048-0020 Permitted Uses

(1) Vehicles registered with farm or proportional farm registration may be used only for the purposes allowed under ORS 805.390.

(2) Vehicles registered under farm or proportional farm registration may be operated for hire only as provided in ORS 825.024.

(3) Except as described in section (5) of this rule, uses permitted under ORS 805.390(2), (3), (5) and (6) do not include transportation related to non-qualifying commercial enterprises which may be being conducted by the farmer or in which the farmer participates on or off the farm. For example:

(a) Farmers who board horses which they are not raising may not legally transport them with a vehicle registered with farm plates, unless:

(A) The horses are owned and being raised by a farmer, who would qualify or is currently qualified for farm plates; and

(B) The horses are being transported on an exchange of labor basis as provided in ORS 805.390 or as provided under ORS 825.024.

(b) A farmer who also operates, works for or in some way participates in a non-farming business, industry or any other non-farming operation may not use farm registered vehicles in the transportation of supplies, equipment, goods or materials, etc., for the non-farming business, industry or other operation.

(4) A farmer who has farm registered vehicles may loan, rent or lease those vehicles to another farmer who is or would otherwise be qualified under ORS 805.310 for farm registration for vehicles of the type and size being borrowed, rented or leased. It is the responsibility of the farmer owning loaned, rented or leased farm registered vehicles to insure that:

(a) The farmer to whom the vehicles are loaned, rented or leased is qualified for vehicles of the type and size being loaned, rented or leased; and

(b) The vehicles loaned, rented or leased to another farmer are used only for those uses permitted by Oregon law.

(5) A farmer may use a vehicle registered for farm use to transport firewood, dirt, rock or other material removed from the farm, except items prohibited under ORS 805.390 that the farmer must transport incidental to the regular operation of the farm. Operations under this section must be conducted in the name of the farm.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 802.010 & 805.300 - 805.410
DMV 4-2013, f. & cert. ef. 4-22-13
DMV 16-2004, f. & cert. ef. 7-15-04
DMV 10-1996, f. & cert. ef. 11-21-96
MV 11-1993, f. 10-22-93, cert. ef. 11-4-93
MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0088
MV 12-1984, f. & cert. ef. 9-17-84
MV 20-1983, f. 12-30-83, cert. ef. 1-1-84

Or. Admin. R. 735-048-0030 Need for Vehicles Used in Conjunction with a Farming Operation

(1) For a vehicle to be considered needed in conjunction with a farming operation for purposes of farm registration, the Department will consider:

(a) Annual or quarterly yield of agricultural commodities, agricultural products or livestock;

(b) Design, capacity and use of vehicles in direct relationship to the agricultural commodities, agricultural products or livestock produced or raised; or

(c) Incidental factors such as distance to market, frequency of harvest, and volume of crops or livestock ready for market at a given time.

(2) The Department, in determining if a vehicle(s) is needed in the farming operation, will consider only the need that is directly related to the farmer’s own farming operation. Examples of how this section applies include, but are not limited to, the following:

(a) Transportation of agricultural commodities raised on a farmer’s own farm and transportation of supplies used or consumed on a farmer’s own farm may be considered in determining need;

(b) Transportation of straw baled by the farmer but which originated on other than the farmer’s own farm or on land not under written lease to the transporting farmer will not be considered in determining the need for a vehicle;

(3) For vehicles having a combined gross weight of 26,001 pounds or more or which are operated in combinations of four or more axles (other than a pickup truck), the annual yield of agricultural commodities, agricultural products or livestock of the farming operation at a minimum must be sufficient to fill each vehicle to registered capacity at least once annually.

(4) A Special Use Vehicle used in conjunction with the farm but not for the transportation of agricultural commodities, agricultural products or livestock (e.g., tank truck used only for water) is exempt from the requirements provided by this rule if the farmer has submitted a Special Use Vehicle application form and it has been approved by the Department.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 802.010 & 805.300 - 805.410
DMV 4-2013, f. & cert. ef. 4-22-13
DMV 10-1996, f. & cert. ef. 11-21-96
MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0089
MV 20-1983, f. 12-30-83, cert. ef. 1-1-84

Or. Admin. R. 735-048-0040 Application and Annual Requalification

(1) Application for farm registration or renewal must be made as provided in this rule. The applicant must demonstrate to the satisfaction of CCD that the applicant qualifies for farm registration as provided in ORS 805.310 and the vehicles for which farm registration is sought are reasonably required for farm operations.

(2) Qualification and application for farm registration or renewal are in addition to registration requirements in statute and rule for any vehicle, including the requirements to be titled in Oregon and if the vehicle is a motor vehicle to be covered by financial responsibility.

(3) To qualify for farm registration the owner of the farm must submit an application that includes:

(a) All of the information required under ORS 805.320, including statements and certifications;

(b) The number of axles of each motor vehicle or if used in a combination of vehicles, the number of axles in the combination;

(c) If none of the vehicles for which farm registration is sought will be operated in combinations of four or more axles (other than pickup trucks); and

(d) A statement that the applicant must immediately notify CCD if there is any substantial change in the farming operation as defined in OAR 735-048-0000 and will comply with the provisions of the rules in Division 48.

(4) Owners of farming operations that operate vehicles or combination of vehicles (other than pickup trucks) with four or more axles must annually requalify for farm or proportional farm registration as required under ORS 805.322:

(a) The requalification process for farming operations will be staggered throughout the calendar year. CCD will determine the date by which a given farming operation is to requalify based on factors including but not limited to when the owner originally qualified for farm registration or when the owner initially registered vehicles described in (3)(c) of this rule;

(b) CCD will provide notice and an application for the owner to use in requalifying. To requalify, the owner must verify that all of the information previously submitted under statute and this rule is still correct or provide CCD with information on any changes since the owner last qualified; and

(A) May refuse to renew or issue farm registration for vehicles for that farm; and

(B) May cancel any existing farm registrations.

(5)(a) If vehicles or combination of vehicles with four or more axles (other than pickup trucks) have been added since the owner last qualified, the owner must provide CCD with enough information to qualify for the additional vehicles. The information must be on a form prescribed by CCD and must include:

(A) The name and business or residence address of the applicant;

(B) The location and number of acres of one or more of the farms, orchards or ranches upon which the motor vehicle sought to be registered is to be used;

(C) The type and amount of agricultural commodities, agricultural products or livestock produced annually on one or more of the farms upon which the motor vehicle sought to be registered is to be used; and

(D) A statement that the vehicle registered under ORS 805.300 is being used for one or more of the purposes described in ORS 805.390.

(b) A vehicle for which the use and capacity is substantially the same and was bought or leased to replace a vehicle previously registered as a farm vehicle does not qualify as an “additional vehicle.”

(6) When a substantial change in a qualified farming operation occurs, the owner may be required to:

(a) Surrender farm registration plates and devices to CCD if the owner or vehicle(s) no longer qualifies; or

(b) Submit a new application for farm registration if requested by CCD.

(7) If the ownership of the farming operation changes, the new owner must:

(a) Apply for initial farm or proportional farm registration; or

(b) Surrender any farm registration plates or proportional farm registration devices not previously surrendered to CCD.

(8) To be eligible for farm or proportional farm registration the following conditions apply to vehicles:

(a) Vehicles owned by a business (e.g., company, corporation, cooperative, etc.) will be eligible only if that business (not just the owner of the business) is actually engaged in a farming operation;

(b) The vehicle must be of the type designed or used to carry, convey or move freight, articles, persons or things over the highways; and

(c) All vehicles used in a particular farming operation and for which farm or proportional farm registration is applied must be titled and registered in the same name. An exception to this rule would be where there are multiple owners of the same land who are engaged jointly in a farming operation on said land but who individually own vehicles. Such vehicles may be registered in the appropriate owner’s name.

History

Statutory/Other Authority: ORS 184.619 & 823.011
Statutes/Other Implemented: ORS 805.300 - 805.410
DMV 10-2020, minor correction filed 05/29/2020, effective 05/29/2020
DMV 4-2013, f. & cert. ef. 4-22-13
DMV 10-1996, f. & cert. ef. 11-21-96
MV 11-1993, f. 10-22-93, cert. ef. 11-4-93
MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0090
MV 20-1983, f. 12-30-83, cert. ef. 1-1-84

Or. Admin. R. 735-048-0050 Additional Requirements

(1) Persons applying for original issue or renewal of farm or proportional farm registration or seeking to add vehicles to their farm or proportional farm registration may be required to furnish additional documentation to satisfy CCD that the person and vehicles qualify for farm registration. The additional required documentation may include such things as:

(a) Evidence of annual yield of various types of agricultural commodities, agricultural products or livestock;

(b) Proof of ownership of vehicles or property including rental or lease agreements; or

(c) Proof of access by ownership or by lease or rental agreements to show sufficient acreage to support the raising or producing of agricultural commodities, agricultural products or livestock as may be claimed under subsection (1)(a) of this rule.

(2) Persons applying for or operating under farm or proportional farm registration may also be required to provide the additional information in section (1) of this rule and to make vehicles or property available for inspection by CCD when conducting an investigation related to use of farm registered vehicles.

History

Statutory/Other Authority: ORS 184.619, 805.200 & 805.300 - 805.410
Statutes/Other Implemented: ORS 805.320
DMV 11-2020, minor correction filed 05/29/2020, effective 05/29/2020
DMV 4-2013, f. & cert. ef. 4-22-13
DMV 10-1996, f. & cert. ef. 11-21-96
MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0091
MV 20-1983, f. 12-30-83, cert. ef. 1-1-84

Or. Admin. R. 735-048-0060 Plates and Devices Issued

(1) Farm registered vehicles will be issued registration plates.

(2) A vehicle registered on a proportional basis for interstate use will be issued proportional registration plates. In addition, the vehicle will be issued a device to reflect the farm registration:

(a) The device(s) must identify the vehicle as being registered under proportional farm registration and must be in a form of a registration plate(s) to be affixed to the exterior of the vehicle; or

(b) The Department may issue a temporary device in the form of a permit which must be carried in the vehicle.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 823.011
Statutes/Other Implemented: ORS 805.200, 805.300 & 805.410
DMV 4-2013, f. & cert. ef. 4-22-13
DMV 10-1996, f. & cert. ef. 11-21-96
MV 11-1993, f. 10-22-93, cert. ef. 11-4-93
MV 3-1986, f. & ef. 1-30-86, Renumbered from 735-100-0740

Or. Admin. R. 735-048-0070 Complaints

Complaints about improper farm or proportional farm registration or misuse of vehicles registered may be filed with the Commerce and Compliance Division (CCD) Salem Office: 455 Airport Road SE, Building A, Salem, OR 97301.

History

Statutory/Other Authority: ORS 184.619, 805.200 & 805.300 - 805.410
Statutes/Other Implemented: ORS 805.380 & 805.410
DMV 22-2023, minor correction filed 09/19/2023, effective 09/19/2023
DMV 12-2020, minor correction filed 05/29/2020, effective 05/29/2020
DMV 16-2017, minor correction filed 10/20/2017, effective 10/20/2017
DMV 4-2013, f. & cert. ef. 4-22-13
DMV 10-1996, f. & cert. ef. 11-21-96
MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0092
MV 20-1983, f. 12-30-83, cert. ef. 1-1-84

Or. Admin. R. 735-048-0080 Cancellation

(1) CCD may cancel farm registrations or proportional farm registration devices as provided under ORS 805.200, 805.380, 805.410, 809.090 or as otherwise provided by law.

(2) As used in ORS 805.380:

(a) “Cancellation” means that the vehicle’s farm registration is no longer valid and the vehicle is not eligible for farm registration for one year after the cancellation; and

(b) “One year after cancellation” refers to calendar months, and will begin on the first day of the cancellation and end exactly 12 months later. (Example: If cancellation took effect on June 15, 1994, the one year would expire on June 14, 1995.)

(3) The owner of farm registered vehicles who has loaned, rented or leased a vehicle to another qualified farmer as permitted in OAR 735-048-0020, will be subject to farm plate registration cancellation if the borrower, renter or lessee of a vehicle is found in violation of farm plate registration regulations if the owner knew the vehicle was being used in violation of ORS 805.300 through 805.410.

History

Statutory/Other Authority: ORS 184.619 & 805.300 - 805.410
Statutes/Other Implemented: ORS 805.380 & 805.410
DMV 13-2020, minor correction filed 05/29/2020, effective 05/29/2020
DMV 4-2013, f. & cert. ef. 4-22-13
DMV 10-1996, f. & cert. ef. 11-21-96
MV 11-1993, f. 10-22-93, cert. ef. 11-4-93
MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-071-0093
MV 20-1983, f. 12-30-83, cert. ef. 1-1-84

Division 50 FINANCIAL RESPONSIBILITY

Or. Admin. R. 735-050-0000 Determination of Ownership for the Purposes of Financial Responsibility

(1) Any person whose name appears as an owner on the vehicle registration will be considered an owner for the requirements of the financial responsibility laws (financial responsibility), ORS Chapter 806, unless exempted under sections (3) through (5) of this rule. Unless otherwise provided, any person seeking an exemption under this rule must furnish the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) with:

(a) A signed affidavit setting forth the reasons the person should not be considered an owner for purposes of financial responsibility; and

(b) An affidavit signed by the person who has the primary ownership interest in the vehicle explaining why he or she should be considered the owner for purposes of financial responsibility. This affidavit may be waived if DMV determines it is unfeasible to obtain the affidavit.

(2) Where the owners are married or in a domestic partnership and living together, both are considered owners.

(3) Where the owners are married or in a domestic partnership and living apart, an owner may be exempted from the requirements of financial responsibility by providing proof there has been a complete relinquishment of the vehicle by such owner to the other owner. Proof includes, but is not limited to, a separation agreement showing the date ownership of the vehicle was relinquished, or the affidavits described in section (1) of this rule.

(4) Where the marriage or domestic partnership of joint owners of a vehicle is dissolved it is the responsibility of the owner who obtains possession of the vehicle through a dissolution decree to transfer the title by presenting an application for transfer of title and a copy of the dissolution decree to DMV. If the owner awarded ownership of the vehicle by decree fails to transfer the title and is involved in an uninsured accident, the other owner may be exempted from the requirements of financial responsibility if proof is provided to DMV that his or her ownership interest has been extinguished by a dissolution decree. The person must present an affidavit that he or she no longer has possession or use of the vehicle and a copy of the dissolution decree to DMV.

(5) Where the owners are not married and not in a domestic partnership, an owner may be exempted from the requirements of financial responsibility when DMV determines the person does not have the right to immediate possession and use of the vehicle. DMV may consider the following as proof of the right to immediate possession and use:

(a) Documentation one owner has paid or is paying all or a substantial part of the purchase price of the vehicle;

(b) Documentation one owner has paid the major portion of the vehicle’s maintenance and operation costs; and

(6) When an owner transfers his or her interest in a vehicle by sale or otherwise (transferor), and transfers possession of the vehicle to the new owner (transferee), the transferor is considered the owner for purposes of financial responsibility unless:

(a) An application for transfer of title has been presented to DMV; or

(b) The transferor provides proof satisfactory to DMV that his or her interest in the vehicle has been transferred and showing that the transferee has the right to immediate possession and use of the vehicle. Such proof includes, but is not limited to, a written purchase agreement or bill of sale signed by the transferee or the affidavits described in section (1) of this rule.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 806.010 & Sec. 3, Ch. 99 & OL 2007
Statutes/Other Implemented: ORS 806.010
DMV 14-2009, f. & cert. ef. 8-24-09
DMV 5-2008, f. & cert. ef. 2-4-08
MV 36, f. 11-22-67, Renumbered from 735-033-0015
MV 32, f. 10-5-66

Or. Admin. R. 735-050-0004 Definitions

For purposes of implementing various provisions of the Oregon Vehicle Code, ORS chapters 801 to 826, referring to an event involving a vehicle, the terms “accident,” “collision,” and “crash” have the same meaning, unless context suggests otherwise.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: 802.220, 802.240, 811.700, 811.705, 811.710, 811.720, 811.725, 811.730, 811.735, 811.740, 811.745, 811.748 & 811.750
DMV 32-2024, adopt filed 12/04/2024, effective 01/01/2025

Or. Admin. R. 735-050-0005 Collision Reporting to DMV

A person required to submit a collision report under ORS 811.720 must complete and submit either of the following reports to DMV:

An Oregon Traffic Collision and Insurance Report (DMV form 735-32); or
A DMV2U eCollision Report located on DMV’s website (https://dmv2u.oregon.gov/eServices/_/).

History

Statutory/Other Authority: ORS 184.619, 802.010 & 811.725
Statutes/Other Implemented: ORS 811.720 & 811.725
DMV 32-2024, adopt filed 12/04/2024, effective 01/01/2025

Or. Admin. R. 735-050-0010 Proof that a Collision is Not Reportable

(1) ORS 811.720 establishes when a collision must be reported to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV). When one person reports a collision and provides information indicating another driver must report the collision, the other driver may dispute the circumstances of the collision and the requirement to report to DMV. DMV must suspend driving privileges if a driver involved in a collision fails to file a collision report when required.

(2) When DMV issues a suspension notice resulting from information that a driver involved in a collision has failed to file a collision report as required, the driver may provide proof to DMV that the collision is not reportable. Proof related to vehicle damage or the injury or death of a person submitted by a driver must apply only to the driver’s vehicle or its occupants. Acceptable proof includes, but is not limited to, the following:

(a) A repair bill or estimate from an automotive repair business or statement from an insurance company responsible for paying the damage claim, showing damage to the driver's vehicle is less than or equal to $2,500.

(b) A repair bill or estimate, statement from an insurance company responsible for paying the damage claim or a statement from the owner of the property, showing damage to property other than a vehicle involved in the collision is less than or equal to $2,500.

(c) The driver’s sworn statement that their vehicle was not towed from the collision scene. The statement must be notarized.

(d) The driver's sworn statement or a statement from the insurance company responsible for the damage claim that no person in the driver's vehicle was injured or died as a result of the collision. The driver's statement must be notarized.

(3) If DMV determines that the collision was not reportable for the driver, DMV shall rescind any suspension notice or suspension of the driver’s driving privileges and remove the collision from the driver’s driving record.

(4) If DMV determines that the collision was not reportable for all drivers involved, DMV shall rescind any suspension notice or suspension of each driver’s driving privileges and remove the collision from each driver’s driving record.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 809.417, 811.720 & 811.725
DMV 5-2026, amend filed 03/12/2026, effective 03/12/2026
DMV 32-2024, amend filed 12/04/2024, effective 01/01/2025
DMV 26-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 10-2006, f. & cert. ef. 8-25-06
MV 54, f. 7-2-74, ef. 7-25-74, Renumbered from 735-033-0020

Or. Admin. R. 735-050-0020 Self-Insurance Qualifications

(1) All applicants for self-insurance certificates pursuant to ORS 806.130 must apply by means of the "Application for Self-Insurance Certificate," Form Number 735-6798.

(2) DMV will issue a non-expiring self-insurance certificate to any applicant who:

(a) Certifies they are a local public body, as defined in ORS 30.260, which establishes a self-insurance program under ORS 30.282 for or on account of the operation of motor vehicles within the local public body’s control;

(b) Certifies they are a public body, as defined in ORS 30.260, which insures the operation of motor vehicles within the public body’s control under the provisions of ORS Chapter 278 or by contract with the Department of Administrative Services under ORS 30.282(4).

(d) Provides a certified copy of the Federal Motor Carrier Safety Administration written decision, order or letter authorizing the applicant’s self-insured status.

(3) DMV will issue a self-insurance certificate that is valid for one year from the date of issuance to a qualified applicant who provides:

(a) An annual financial report issued within the last 12 months that shows to the satisfaction of the Department that the applicant has retained earnings in an amount as set forth in section (4) of this rule. The financial report must be an audited or reviewed report and contain statements and footnotes as required by generally accepted accounting principles, be signed by a licensed public accountant or a certified public accountant.

(b) A list of each vehicle that will be covered by the self-insurance certificate, including type of vehicle, plate number or vehicle identification number (VIN).

(c) A three-year motor vehicle accident history statement including the total number of motor vehicle accidents, accident claims against the applicant, claims satisfied, and judgments settled.

(d) A certification that the applicant:

(A) Has no unsettled judgments of the type described in ORS 806.040. For purposes of this subsection, a judgment is settled as described in ORS 809.470;

(B) Has more than 25 motor vehicles registered in the applicant’s name; and

(C) Agrees to pay the same amounts with respect to an accident occurring while the self-insurance certificate is valid that an insurer would be obligated to pay under a motor vehicle liability policy, including uninsured motorist coverage and liability coverage to at least the limits specified in ORS 806.070.

(4) In order to satisfy the department that the applicant for self-insurance is qualified, the financial report required by section (3)(a) of this rule must show retained earnings available to pay and discharge judgments described under ORS 806.040 equal to or above the limits required by this based on type and number of vehicles. A fleet of mixed vehicle types must use the figures for the predominant vehicle type. The department may require a higher retained earnings amount than is listed in this rule, as determined by the department, if from the applicant’s motor vehicle accident statement the department has reason to believe the applicant’s accident rate is too high. The requirements are as follows:

(a) Private Passenger, Non-Rental Fleets: Fleet Size — Retained Earnings:

(A) 26–100 vehicles — $100,000.

(B) 101–250 vehicles — $190,000.

(D) 501–750 vehicles — $440,000.

(E) 751–1000 vehicles — $575,000.

(F) 1001–1300 vehicles — $770,000.

(G) 1301–1600 vehicles — $850,000.

(H) 1601–2500 vehicles — $1,150,000.

(I) 2501–5000 vehicles — $1,950,000.

(J) 5001–7500 vehicles — $3,100,000.

(b) Private Passenger, Rental Fleets: Fleet Size — Retained Earnings:

(A) 26–100 vehicles — $100,000.

(B) 101–250 vehicles — $100,000.

(D) 501–750 vehicles — $160,000.

(E) 751–1000 vehicles — $210,000.

(F) 1001–1300 vehicles — $280,000.

(G) 1301–1600 vehicles — $310,000.

(H) 1601–2500 vehicles — $420,000.

(I) 2501–5000 vehicles — $710,000.

(J) 5001–7500 vehicles — $1,120,000.

(K) 7501–10,000 vehicles — $1,520,000.

(L) 10,001–15,000 vehicles — $2,120,000.

(M) 15,001–20,000 vehicles — $2,900,000.

(N) 20,001–25,000 vehicles — $3,675,000.

(O) 25,001–30,000 vehicles — $4,425,000.

(P) 30,001–35,000 vehicles — $5,200,000.

(A) 26–100 vehicles — $100,000.

(B) 101–250 vehicles — $190,000.

(D) 501–750 vehicles — $445,000.

(E) 751–1000 vehicles — $580,000.

(F) 1001–1300 vehicles — $775,000.

(G) 1301–1600 vehicles — $900,000.

(H) 1601–2500 vehicles — $1,150,000.

(I) 2501–5000 vehicles — $2,000,000.

(J) 5001–7500 vehicles — $3,100,000.

(d) Van Pools and Towing: Fleet Size — Retained Earnings:

(A) 26-100 vehicles — $125,000.

(B) 101–250 vehicles — $250,000.

(D) 501–750 vehicles — $570,000.

(E) 751–1000 vehicles — $750,000.

(F) 1001–1300 vehicles — $1,010,000.

(G) 1301–1600 vehicles — $1,150,000.

(H) 1601–2500 vehicles — $1,550,000.

(I) 2501–5000 vehicles — $2,650,000.

(J) 5001–7500 vehicles — $4,200,000.

(e) Taxis and Limousines; Fleet Size — Retained Earnings:

(A) 26–100 vehicles — $400,000.

(B) 101–250 vehicles — $800,000.

(D) 501–750 vehicles — $1,920,000.

(E) 751–1000 vehicles — $2,260,000.

(F) 1001–1300 vehicles — $2,590,000.

(G) 1301–1600 vehicles — $3,550,000.

(H) 1601–2500 vehicles — $4,100,000.

(I) 2501–5000 vehicles — $9,850,000.

(J) 5001–7500 vehicles — $15,950,000.

(5) To be reissued a one-year self insurance certificate that continues the certification without interruption, the holder of a current certificate must provide the documents and certifications described in section (3) of this rule at least 30 days prior to expiration of the current certificate.

(6) DMV may cancel a self-insurance certificate if any of the following circumstances occur:

(a) DMV has a reasonable basis to believe that any of the information contained in the application or supporting documents submitted by an applicant is false;

(b) DMV learns that the self-insurance certificate holder has failed to settle any judgment described under ORS 806.040 within 60 days after it has become final. For purposes of this subsection, a judgment is settled as described under ORS 809.470; or

History

Statutory/Other Authority: ORS 806.130 & 806.140
Statutes/Other Implemented: ORS 806.130 - 806.140
DMV 40-2023, minor correction filed 12/05/2023, effective 12/05/2023
DMV 7-2007, f. 5-24-07, cert. ef. 9-1-07
MV 8-1987, f. 7-16-87, ef. 8-1-87
MV 4-1985, f. 5-15-85, ef. 5-16-85, Renumbered from 735-033-0025
MV 8-1979, f. & ef. 10-18-79

Or. Admin. R. 735-050-0050 Content of Uniform Financial Responsibility Certificate and Procedure for Processing

(1) A person required to file a certificate of insurance, for purposes of proving future responsibility, must submit a Uniform Financial Responsibility Certificate (SR-22).

(2) An SR-22 will not be accepted unless it contains:

(a) The insured’s complete name and address. If two names are on the certificate, it will not be accepted. The only exception is an “on-behalf-of” certificate. An “on-behalf-of” certificate is filed by an owner of a motor vehicle, showing proof of financial responsibility on behalf of their employee or a member of their immediate family in lieu of the driver furnishing such proof. The filing of this type of certificate only permits the person to operate a motor vehicle covered by the proof;

(b) The insured’s driver license number and date of birth;

(c) The insurance carrier name, not the name of the insurance producer (agent). The carrier name is acceptable if preprinted on the back of the form, or typed on the front;

(d) The policy number;

(e) The effective date of the certification;

(f) A box must be checked to show whether the policy is for an operator or an owner;

(g) Information showing that the certificate is issued as proof of compliance with financial responsibility requirements in Oregon;

(h) A certification by an authorized representative of the insurance carrier that a motor vehicle liability policy as required by the financial responsibility laws of Oregon, and in effect on the effective date of the certification, has been issued to the insured named on the SR-22;

(i) The date the SR-22 was issued. An SR-22 received by DMV more than 30 days after the date it was issued will not be accepted;

(j) The signature of the authorized representative of the insurance carrier. An electronic signature as described in OAR 735-018-0010(3) and 735-018-0060 constitutes a signature for purposes of this rule; and

(k) A secured internet Web site address at the bottom of the form if the SR-22 is provided to DMV in Web site format.

(3) The certification in subsection (2)(h) of this rule is a declaration of the issuing insurance carrier that:

(a) The policy covers all vehicles that are registered in the name of or operated by the named insured, except as provided in ORS 806.270(2); and

(b) If applicable, it has assumed the higher liability limits required for a Driving Under the Influence of Intoxicants conviction under the financial responsibility laws of Oregon as required by ORS 806.075.

(4) The insurer issuing the certificate must be authorized by the Insurance Division of the Oregon Department of Consumer and Business Services to do business in Oregon, unless the insurer is an eligible surplus lines insurer of a risk retention group.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 806.075, 806.240 & 806.270
DMV 33-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10
MV 21-1987, f. 9-21-87, ef. 9-27-87
MV 15-1984, f. & ef. 11-1-84, Renumbered from 735-033-0045

Or. Admin. R. 735-050-0055 Proof of Compliance with Financial Responsibility Requirements

(1) This rule specifies the information that constitutes satisfactory proof of compliance with financial responsibility requirements for the purposes of vehicle registration renewal under ORS 803.460 and collision reporting under ORS 811.725.

(2) For the purpose of vehicle registration renewal under ORS 803.460, DMV shall accept any one the following as proof of compliance with financial responsibility requirements:

(a) The name of the insurer that issued the motor vehicle liability insurance policy and the policy number, the insurance producer’s binder number or any other number that identifies the policy.

(b) A valid certificate of self-insurance as established in ORS 806.130.

(c) Information that a motor vehicle liability insurance policy has been issued for a vehicle applying for renewal of registration, submitted by an insurer under ORS 742.580, 806.195, and OAR 735-050-0131, unless DMV has reason to believe that the information is incorrect, outdated, or the policy has been cancelled or not renewed.

(3) For the purpose of collision reporting under ORS 811.725, DMV shall accept either of the following as proof of compliance with financial responsibility requirements:

(a) A collision report that contains all of the following information for the vehicle driven and involved in the accident required to be reported under ORS 811.720:

(A) The vehicle identification number (VIN);

(B) The name of the insurer that issued the motor vehicle liability insurance policy; and

(b) A valid certificate of self-insurance as established in ORS 806.130.

(4) Nothing in this rule prohibits DMV from:

(a) Requiring an applicant for vehicle registration renewal to provide proof of compliance with financial responsibility requirements, as set forth in ORS 803.460(1); or

(b) Using any information submitted by an insurer under ORS 742.580, 806.195 and OAR 735-050-0131, to verify the accuracy of any proof of compliance with financial responsibility requirements submitted by the owner of a vehicle, or for any other purpose related to enforcement of compliance with financial responsibility requirements.

History

Statutory/Other Authority: ORS 184.619, 802.010, 803.460 & 806.180
Statutes/Other Implemented: ORS 803.370, 803.460, 806.130, 806.180 & 811.725
DMV 5-2026, amend filed 03/12/2026, effective 03/12/2026
DMV 32-2024, amend filed 12/04/2024, effective 01/01/2025
DMV 10-2021, amend filed 05/14/2021, effective 06/01/2021
DMV 7-2021, minor correction filed 04/12/2021, effective 04/12/2021
DMV 33-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 51-2018, amend filed 12/13/2018, effective 01/22/2019
DMV 19-2002, f. & cert. ef. 10-14-02

Or. Admin. R. 735-050-0060 Good Faith Belief of Compliance with Financial Responsibility Requirements — Purpose and Definitions

(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will terminate future responsibility filing requirements and rescind a financial responsibility suspension of a person’s driving privileges as allowed by ORS 806.245, 809.380 and 809.450 when the person:

(a) Is currently in compliance with financial responsibility requirements; and

(b) Reasonably and in good faith believed he or she was in compliance at the time of the accident or DMV’s letter of verification.

(2) For purposes of OAR 735-050-0060 through 735-050-0064 “good faith” means a state of mind of honesty in purpose and freedom from intent to defraud. Failure of a person to inquire further when the person could reasonably be expected to do so constitutes absence of good faith.

(3) For purposes of OAR 735-050-0060 through 735-050-0064, “reasonably believed” or “reasonable belief” means a belief based on the combinations of facts that existed and the circumstances that a person knew, or with ordinary diligence should have known, which would give cause for a rational person to believe.

(4) It is presumed that a person has knowledge of the contents of his or her motor vehicle liability insurance policy.

(5) DMV will rescind a suspension under this rule if DMV is presented with evidence that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements. Evidence for the above may be presented to the Accident Reporting and Insurance Verification Unit or at a hearing requested by the person. In either case, examples of such evidence include, but are not limited to, the following:

(a) Copies of cancelled checks, money orders or receipts for cash that show payment was received for an automobile liability insurance policy;

(b) Written verification on agency or company letterhead or sworn testimony from the insurance carrier or insurance producer (agent);

(d) Notarized written statements or sworn testimony from a spouse, partner in a domestic partnership, co-owner of current or former policies or any other person involved in the payment of policy premiums.

(6) A person is entitled to a hearing on rescinding of the suspension of the person’s driving privilege under this rule. A determination by the Accident Reporting and Insurance Verification Unit that the suspension should not be rescinded does not limit the person’s right to a hearing.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 806.245, 809.380 & 809.450
Statutes/Other Implemented: ORS 806.245, 809.380 & 809.450
DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 5-2008, f. & cert. ef. 2-4-08
DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04
MV 7-1989, f. & cert. ef. 2-1-89
MV 22-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-033-0055
MV 17-1985, f. 12-19-85, ef. 1-1-86

Or. Admin. R. 735-050-0062 What Constitutes “Reasonably and in Good Faith”

(1) Examples of circumstances that constitute reasonable and good faith belief include, but are not limited to, the following:

(a) An insurance company accepted application and payment for liability insurance covering the period of time in question;

(b) An insurance carrier or producer (agent) told a person that he or she was insured or would be insured by a particular policy, and the person was not told otherwise until after the accident or the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) random sample;

(c) A separated spouse, partner in a domestic partnership, or other additional holder of an insurance policy cancels the policy without the person’s knowledge and consent as shown by:

(A) Proof of legal separation; or

(B) A written statement from the party canceling the policy; and

(d) A person is not yet 21 years old, is attending school or is in the military service and believes he or she is covered by a parent’s policy.

(2) DMV will use the examples in section (1) of this rule as guidelines in making decisions. However, each request for the rescinding of a suspension under this rule will be reviewed on a case-by-case basis.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 806.245, 809.380 & 809.450
Statutes/Other Implemented: ORS 806.245, 809.380 & 809.450
DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 5-2008, f. & cert. ef. 2-4-08
DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04
MV 7-1989, f. & cert. ef. 2-1-89

Or. Admin. R. 735-050-0064 What Does Not Constitute “Reasonably and in Good Faith”

(1) Examples of beliefs that do not constitute a reasonable and good faith belief of compliance with financial responsibility requirements include, but are not limited to, any of the following:

(a) Belief that a vendor’s single interest (VSI) or other policy issued by a dealer or financing institution provides motor vehicle liability coverage. That policy or its declarations must clearly state that it does not provide motor vehicle liability insurance, does not meet financial responsibility requirements or contain some other similar statement.

(b) Belief by a person who is not yet 21 years of age, not attending school or not in military service, and not residing with a parent that he or she is covered by a parent’s policy.

(c) Belief by a person that a policy meets the requirements of the financial responsibility law when the person has not read the policy declarations and limitations.

(d) Belief that a policy is still in force because of non-receipt of a notice of cancellation, unless the person presents substantial evidence showing that the insurance company did not meet the notification requirements for cancellation found in ORS Chapter 742.

(e) Belief that a spouse or partner in a domestic partnership must have paid an insurance premium because the spouse or partner normally pays all bills.

(f) Belief based only upon an insurance carrier’s or insurance producer’s (agent) representation after an accident has occurred when, at the time of the accident, the person did not reasonably and in good faith believe that they were in compliance.

(g) Belief based on ignorance of the financial responsibility law.

(2) The Driver and Motor Vehicle Services Division of the Department of Transportation will use the examples in section (1) of this rule as guidelines in making decisions regarding whether to terminate requirements for a future responsibility filing and rescind any corresponding suspension notice or suspension, as described in OAR 735-050-0060. DMV reviews evidence and makes determinations on a case-by-case basis.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 806.245, 809.380, 809.440 & 809.450
DMV 28-2026, amend filed 08/13/2026, effective 08/13/2026
DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 5-2008, f. & cert. ef. 2-4-08
DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04
MV 7-1989, f. & cert. ef. 2-1-89

Or. Admin. R. 735-050-0070 Suspensions and Future Responsibility Filing Requirements for Uninsured Accidents

(1) When an accident is not required to be reported to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) under ORS 811.720, DMV shall determine that a person was operating a vehicle in violation of ORS 806.010 at the time of an accident if DMV receives a report to that effect from a police officer, law enforcement agency, an insurance carrier or insurance producer (agent), or any person involved in the accident.

(2) When DMV determines that a person was operating a vehicle in violation of ORS 806.010 at the time of an accident as described in section (1) of this rule, DMV shall suspend the person’s driving privileges under ORS 809.417(2)(a) unless or until the person complies with future responsibility filing requirements.

(3) When an accident is required to be reported to DMV under ORS 811.720, DMV shall determine that a person was operating a vehicle in violation of ORS 806.010 at the time of an accident if:

(a) The person does not provide proof of compliance with financial responsibility requirements, as defined in OAR 735-050-0055, to DMV as required under ORS 811.725(1)(c); or

(b) The person acknowledges on a collision report under ORS 811.725 that, at the time of the accident, they were not insured while driving the vehicle involved in the accident.

(4) When DMV determines that a person was operating a vehicle in violation of ORS 806.010 at the time of an accident as described in section (3) of this rule, DMV shall suspend the person’s driving privileges under ORS 809.417(2)(a) unless or until the person complies with future responsibility filing requirements.

(5) DMV shall rescind the suspension notice or suspension and future responsibility filing requirement described in section (4) of this rule if the person provides proof of compliance with financial responsibility requirements to DMV as defined in OAR 735-050-0055.

(6) DMV shall determine that a person falsely certified the existence of a motor vehicle liability insurance policy if an insurer notifies DMV that the person’s certification of compliance with financial responsibility requirements made on a collision report under ORS 811.725 is not correct.

(7) When DMV determines that a person falsely certified the existence of a motor vehicle liability insurance policy as described in section (6) of this rule, DMV shall suspend the driving privileges of the person under ORS 809.415(2) unless or until the person complies with future responsibility filing requirements.

(8) DMV shall rescind the notice of suspension or suspension and future responsibility filing requirement described in section (2) or (7) of this rule if the person provides DMV with proof of compliance with financial responsibility requirements in the form of an official statement, written on the insurance company’s letterhead and signed by an authorized employee of that insurer, indicating that the person or vehicle was insured at the time of the accident under a motor vehicle liability insurance policy that meets the requirements described under ORS 806.080.

(9) Pursuant to ORS 809.415(3), DMV shall suspend the driving privileges of a person who, after complying with their initial obligation to make a future responsibility filing under ORS 809.417(2) or section (7) of this rule, allows the filing to lapse.

(10) DMV shall terminate requirements for a future responsibility filing required by section (7) or (9) of this rule, as provided in ORS 806.245.

(11) DMV shall grant a pre-suspension hearing under ORS 809.440(1), upon timely request by any person whose driving privileges DMV proposes to suspend, as described in sections (2), (4) or (7) of this rule. The suspension will not take effect pending the outcome of the hearing and DMV shall impose the suspension and future responsibility filing requirement if the administrative law judge affirms the suspension and future responsibility filing requirement following the hearing.

(12) If no pre-suspension hearing is held, a person may be entitled to a post-imposition hearing in accordance with ORS 809.450. The suspension will remain in effect pending the outcome of the hearing.

(13) A person whose suspension under ORS 809.415(3) is based on allowing a filing of future responsibility to lapse after the initial filing has been made, as described in section (9) of this rule, is entitled to administrative review under ORS 809.440 as provided in ORS 809.415(3)(c).

History

Statutory/Other Authority: ORS 184.619, 802.010, 809.415 & 809.417
Statutes/Other Implemented: ORS 807.370, 803.460, 806.010, 806.245, 809.415, 809.417, 809.440, 809.450, 811.720 & 811.725
DMV 5-2026, amend filed 03/12/2026, effective 03/12/2026
DMV 32-2024, amend filed 12/04/2024, effective 01/01/2025
DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 10-2006, f. & cert. ef. 8-25-06
DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04
MV 15-1991, f. 9-18-91, cert. ef. 10-1-91
MV 22-1985, f. 12-31-85, ef. 1-1-86, Renumbered from 735-033-0065

Or. Admin. R. 735-050-0080 Financial Responsibility Verification Program

(1) DMV randomly selects motor vehicles for financial responsibility verification. The total number randomly selected each year will not exceed ten percent of the motor vehicles registered in Oregon that are subject to verification.

(2) In addition to randomly selecting motor vehicles under section (1) of this rule, DMV may select persons for verification of financial responsibility requirements if:

(a) A vehicle is registered to a person who has been convicted of violating ORS 806.010;

(b) A vehicle is registered to a person who has submitted certifications of compliance with financial responsibility requirements that have previously been found to be incorrect; or

(c) DMV has reasonable grounds to believe that the person is in violation of financial responsibility requirements. DMV’s determination of reasonable grounds is based on one or more of the following:

(A) Written statements from police, insurance carriers, insurance producers (agents), and the public;

(B) Any admission to DMV by the owner of an Oregon-registered vehicle that the vehicle is not insured;

(C) Receipt by DMV of any record from another jurisdiction that the owner of any Oregon-registered vehicle was convicted of driving uninsured, regardless of the vehicle driven at the time of offense;

(D) Receipt by DMV of any record from another jurisdiction indicating that an Oregon-registered vehicle was driven without insurance, regardless of who was driving the vehicle;

(E) Statements made during an administrative hearing by a driver or owner of a vehicle that the Oregon-registered vehicle was driven while uninsured;

(F) No record of submission from an insurance carrier, pursuant to ORS 742.580, 806.195 and OAR 735-050-0131, that a motor vehicle liability insurance policy has been issued; or

(G) No record of submission of proof of compliance with financial responsibility requirements following a reportable collision pursuant to ORS 811.725.

(3) DMV will use a written statement as identified in section (2)(c)(A) of this rule as a basis for a financial responsibility notice of verification only if the person making the statement does all of the following:

(a) Signs and dates the request;

(b) Identifies the vehicle that the person believes is being operated in violation of financial responsibility requirements; and

(c) Explains why the person believes the vehicle is being operated in violation of financial responsibility requirements and includes facts that would cause a reasonable person to believe the vehicle is being operated in violation of financial responsibility requirements.

(4) DMV will send all registered owners of a selected motor vehicle a notice of verification that the selected vehicle was insured on a specified date. The request for verification will explain that within 30 days of the date DMV sends the notice of verification, at least one registered owner must respond to DMV’s notice of verification by:

(a) Certifying that, as of the date specified in the notice, the selected vehicle was in compliance with financial responsibility requirements as described in ORS 806.060 and 806.080; or

(b) Filing an SR-22 insurance certificate.

(5) DMV will suspend the driving privileges or right to apply for driving privileges under ORS 806.220(1)(a) and 809.415(3)(a) of any person who fails to make a future responsibility filing by failing to provide sufficient proof of compliance with financial responsibility requirements. Failure to provide sufficient proof of compliance includes but is not limited to:

(a) Failing to respond to DMV’s notice requesting verification within 30 days of the date DMV sends the notice, as required by section (4) of this rule;

(b) Responding to DMV’s notice of verification in a manner leading DMV to determine the vehicle was not in compliance with financial responsibility requirements as of the date of the notice of verification; or

(6) DMV will withdraw the notice of proposed suspension of all registered owners of the selected vehicle upon receipt of proof of compliance from any of the registered owners.

(7) DMV will forward proof of compliance submitted by a registered owner to the listed insurer for the purpose of requesting verification that the proof of compliance provided is correct.

(8) If the information provided by the person is not correct, the insurer must respond to DMV’s request to verify the registered owner’s proof of compliance within 30 days of the date DMV sends the request to the insurer.

(9) DMV will issue a Notice of Suspension to all registered owners of the vehicle upon DMV’s receipt of notice from an insurer demonstrating that the proof of compliance with financial responsibility requirements under ORS 806.150 and 811.725 is not correct.

(10) A person who is initially denied coverage by an insurer may provide DMV with additional proof of compliance in the form of an official statement, written on the insurance company’s letterhead and signed by an authorized employee of that insurer, indicating the vehicle was covered as of the date of the verification request.

(11) A person who fails to make a future responsibility filing after failing verification or who falsely certifies compliance with financial responsibility requirements is entitled to a pre-suspension hearing in accordance with ORS 809.440(1) and 809.415. If no pre-suspension hearing is held, a person may be entitled to a post-imposition hearing in accordance with ORS 809.450.

(12) DMV may withdraw an SR-22 requirement for a person who responds to DMV’s request for verification in a manner leading DMV to determine the selected vehicle was not in compliance with financial responsibility requirements as of the date of the notice of verification, or who was denied coverage by an insurance company, if DMV determines that there is sufficient reason for the vehicle not to be covered by insurance on the date specified on the request. Sufficient reason includes, but is not limited to:

(a) The vehicle is covered by a valid liability policy but the policy only covers the vehicle for a specified period or is limited based on mileage;

(b) The vehicle was removed from an insurance policy during a period of extended storage; or

(13) DMV’s Withdrawal of an SR-22 requirement under a condition described in section (12) of this rule must be supported by:

(a) Documents from the insurance carrier indicated in the owner’s response to DMV’s request for verification;

(b) A signed, written statement on the insurance company’s letterhead from an employee of the insurance carrier described in the owner’s response to DMV’s request for verification;

(c) Documents, including pictures of the vehicle or receipts from an auto-part store or mechanic, which demonstrate the vehicle was undergoing repairs; or

(d) Other documents that DMV determines affirm the owner’s assertion that the owner’s vehicle meets one of the circumstances described in section (12) of this rule.

History

Statutory/Other Authority: ORS 184.619, 802.010, 806.150, 806.230, 806.245 & 809.415
Statutes/Other Implemented: ORS 806.050, 806.150, 806.170, 806.220, 809.440 & 809.450
DMV 32-2024, amend filed 12/04/2024, effective 01/01/2025
DMV 24-2024, minor correction filed 07/30/2024, effective 07/30/2024
DMV 10-2021, amend filed 05/14/2021, effective 06/01/2021
DMV 4-2021, minor correction filed 02/04/2021, effective 02/04/2021
DMV 32-2020, minor correction filed 11/17/2020, effective 11/17/2020
DMV 31-2020, amend filed 10/26/2020, effective 10/26/2020
DMV 16-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 51-2018, amend filed 12/13/2018, effective 01/22/2019
DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04
DMV 9-2003, f. & cert. ef. 7-17-03
MV 6-1991, f. & cert. ef. 7-16-91
MV 12-1990, f. & cert. ef. 7-16-90
MV 2-1986, f. & ef. 1-30-86, Renumbered from 735-033-0075

Or. Admin. R. 735-050-0100 Future Responsibility Filing Requirements Following Mandatory Suspension or Revocation

(1) For purposes of this rule, “proof” means proof of compliance with future responsibility filings as described in ORS 806.240.

(2) A person is required to file proof following a suspension or revocation of the person's driving privileges under ORS 809.235, 809.409(2) to (4), 809.411(2) to (6), (9) or 813.400. DMV shall terminate the requirement to file proof after three years have passed from the date the filing was required as described in sections (3) and (6) of this rule.

(3) If DMV recorded the suspension or revocation of the person’s driving privileges described in section (2) of this rule before July 3, 2020, the requirement to file proof begins on the expiration date of the suspension or revocation.

(4) Thirty days before the expiration of the suspension or revocation described in section (3) of this rule, if the person has not already filed proof, DMV shall send the person a notice that a suspension under ORS 809.415(3) will be imposed for failure to make future responsibility filings unless or until proof is filed.

(5) Notwithstanding section (4) of this rule, when DMV receives a court order to restore driving privileges under ORS 809.235(5), and DMV recorded the revocation of the person’s driving privileges before July 3, 2020, DMV shall send the person a notice that a suspension under ORS 809.415(3) has been imposed for failure to make future responsibility filings until proof is filed.

(6) If DMV recorded the suspension or revocation of the person’s driving privileges on or after July 3, 2020, as described in section (2) of this rule, the requirement to file proof begins upon reinstatement of driving privileges following the expiration date of the suspension or revocation. DMV may not reinstate driving privileges until the person files proof.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 806.240, 806.245, 809.235 809.409, 809.411, 809.415 & 813.400
DMV 5-2026, amend filed 03/12/2026, effective 03/12/2026
DMV 3-2023, minor correction filed 02/02/2023, effective 02/02/2023
DMV 6-2013, f. & cert. ef. 5-23-13
DMV 6-1998, f. & cert. ef. 6-19-98
MV 5-1989, f. & cert. ef. 1-17-89

Or. Admin. R. 735-050-0120 Proof of Compliance With Financial Responsibility Requirements

For purposes of ORS 806.011 and 806.012, any of the following constitutes proof of compliance with financial or future responsibility requirements that must be carried in the motor vehicle covered by such proof:

(1) A current motor vehicle insurance card issued by the insurer either as a paper card or electronically for display on a personal electronic device.

(2) An unexpired motor vehicle liability insurance policy for the particular vehicle that meets the standards set forth in ORS 806.080;

(3) An unexpired motor vehicle liability insurance binder issued by the insurance carrier or its authorized insurance producer (agent) for the particular vehicle that meets the standards set forth in ORS 806.080;

(4) A letter signed by a representative from an insurance carrier or its authorized agent, on the insurance carrier’s or agent’s letterhead, that verifies current insurance coverage;

(5) A certificate of self insurance issued by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) under ORS 806.130 naming the owner of the particular vehicle; or

(6) A displayed Oregon dealer plate unless the vehicle dealer is exempt from the requirement to file a certificate of insurance under ORS 822.033. If the vehicle dealer is exempt from the insurance requirements under 822.033, one of the proofs of compliance with financial responsibility requirements described in sections (1) to (5) of this rule must be carried in the vehicle displaying the Oregon dealer plate.

History

Statutory/Other Authority: ORS 184.616, 184.619, 806.011, 806.012 & 2013 OL Ch 108
Statutes/Other Implemented: ORS 806.011, 806.012 & 2013 OL Ch 108
DMV 17-2013, f. & cert. ef. 11-25-13
DMV 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04
DMV 14-2003, f. 10-24-03, cert. ef. 1-1-04
DMV 22-2002, f. 11-18-02, cert. ef. 1-1-03
DMV 3-1994, f. & cert. ef. 7-21-94

Or. Admin. R. 735-050-0131 Oregon Automobile Liability Insurance Reporting (ALIR) Requirements

(1) This rule establishes the information required to be reported to DMV by trading partners and the form in which the information must be submitted, as required by ORS 742.580 and 806.195.

(2) For purposes of this rule, a “trading partner” means an entity that exchanges motor vehicle liability insurance information with DMV. “Trading partner” includes an insurance company or third-party service bureau exchanging insurance information with DMV on behalf of insurance companies.

(3) A trading partner must provide motor vehicle liability information to DMV in the data file format established in the Oregon Automobile Liability Insurance Reporting (ALIR) Technical Specifications Manual (DMV form 735-7483C (5-24)).

(4) A trading partner must establish an ALIR trading partner profile by submitting Oregon DMV ALIR Trading Partner Profile Information - New Profile (DMV form 735-7488A) to DMV.

(5) A trading partner may change its ALIR trading partner profile by submitting a completed Oregon DMV ALIR Trading Partner Profile Information – Change Profile (DMV form 735-7488C) to DMV.

(6) In addition to submitting the form described in section (5) of this rule, a trading partner exchanging ALIR data on behalf of an insurance company or a trading partner that is an insurance company exchanging ALIR data must establish an Insurance Company Profile with DMV. A trading partner must establish an insurance company profile for each insurance company for which the trading partner is exchanging ALIR data. A trading partner establishes an insurance company profile by submitting Oregon DMV ALIR Insurance Company Profile Information – New Profile (DMV form 735-7488B) to DMV.

(7) A trading partner exchanging ALIR data on behalf of an insurance company or an insurance company exchanging ALIR data may change the insurance company’s existing profile by submitting Oregon DMV ALIR Insurance Company Profile Information – Change Profile (DMV form 735-7488D) to DMV.

(8) Prior to exchanging ALIR data, a new trading partner must successfully establish connectivity with DMV and complete the testing described in the Automobile Liability Insurance Reporting (ALIR) Technical Specifications Manual (DMV form 735-7483C (5-24)).

(9) An ALIR data exchange error results in DMV’s return of an error message and is not added to ALIR.

(10) An ALIR data exchange error results in DMV’s return of original data records sent by the trading partner along with an error code. Only records with errors are returned to the insurer.

(11) In response to a DMV data exchange error or failure message, a trading partner is responsible for correcting data and resubmitting information in the ALIR database.

(12) The reporting and records maintenance requirements implemented under ORS 742.580, 802.270, 806.195, and OAR 735-050-0131 may be used to augment DMV insurance monitoring programs used in determining uninsured motorist issues but does not affect any financial responsibility requirements.

(13) Motor vehicle liability insurance information brought or sent to DMV for manual entry to the ALIR database will not be accepted.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 184.619, 802.010 & 806.195
Statutes/Other Implemented: ORS 742.580, 802.270 & 806.195
DMV 28-2024, amend filed 08/06/2024, effective 08/06/2024
DMV 10-2021, amend filed 05/14/2021, effective 06/01/2021
DMV 16-2019, minor correction filed 08/06/2019, effective 08/06/2019
DMV 15-2019, adopt filed 07/22/2019, effective 07/22/2019

Division 60 THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES

Or. Admin. R. 735-060-0001 Purpose

The DMV Commercial Driver Licensing Third Party Testing Program allows a person who is not an employee of DMV (a third party) to administer a CDL skills tests to a CDL applicant to determine whether the CDL applicant is competent to obtain commercial driving privileges. This program and acceptance of CDL applicant test scores are authorized under ORS 807.080 and 807.072(3). Other than as provided in OAR 735-063-0270, only a person who has a valid CDL Third Party Examiner Certificate issued by DMV and who is administering the CDL skills test for a certified CDL Third Party Tester is authorized under this program to administer CDL tests. The purpose of these Chapter 735, Division 60 rules is to describe the CDL Third Party Testing Program, including how a person qualifies for a CDL Third Party Tester Certificate, duties of a Tester, how an individual qualifies for a CDL Third Party Examiner Certificate, duties of an Examiner and other details of the CDL Third-Party Testing Program.

History

Statutory/Other Authority: ORS 184.619, ORS 802.010, 807.072, 807.080 & 49 CFR 383.75
Statutes/Other Implemented: ORS 807.040, 807.070, 807.072, 807.080 & 49 CFR 383.75
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-060-0003 Definitions

The following definitions apply to terms in OAR Chapter 735, Division 60:

(1) “Administrative training” means instruction provided by DMV to a CDL Third Party Tester Representative that describes the administrative requirements and duties of a CDL Third Party Tester, including but not limited to, maintaining records, CDL road test route development, and proper completion of DMV-required reports in CSTIMS.

(2) “Business day” means 8:00 a.m. to 5:00 p.m. any weekday, excluding any holiday when DMV is closed.

(3) “Calendar day” means the period that begins at 12:01 a.m. and ends at 11:59 p.m. on the same day.

(4) “Cancel” in relation to a CDL Third Party Tester Certificate of a CDL Third Party Examiner Certificate means to void the authority granted by the certificate.

(5) “CDL” means a Class A, B or C Commercial Driver License.

(6) “CDL skills test” means the test, as described in OAR 735-060-0120, of the competency of the CDL applicant to operate a CMV of the type and class for which the test qualifies the CDL applicant.

(7) “CDL Third Party Examiner” or “Examiner” means an individual who has been authorized by DMV to administer a CDL skills test through a CDL Third Party Tester.

(8) “CDL Third Party Examiner Certificate” means a document issued by DMV that authorizes an individual to administer, on behalf of DMV, a CDL skills test to a CDL applicant.

(9) “CDL Third Party Tester” or “Tester” means a person authorized by DMV to operate a CDL skills testing program and provide a CDL Third Party Examiner to administer CDL skills tests to determine driver competency.

(10) “CDL Third Party Tester Certificate” means a driver competency testing document issued by DMV to authorize the person to operate as a Tester, pursuant to ORS 807.080.

(11) “CDL Third Party Tester Representative” or “Representative” means an individual, designated by the CDL Third Party Tester, to be responsible for the Tester’s activities required by administrative rule and the CDL Third Party Tester Agreement.

(12) “CLP” means a commercial learner driver permit issued under ORS 807.285.

(13) “CMV” means “commercial motor vehicle” as defined in ORS 801.208.

(14) “CSTIMS” means Commercial Skills Test Information Management System, a web-based computer system for scheduling and reporting CDL skills tests information and results.

(15) “Commercial truck or bus driver training school” means a licensed private career school or community college that offers training to the general public in driving CMVs.

(16) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(17) “ELDT” has the meaning assigned that term within OAR 735-063-0205.

(18) “FMCSA” means the Federal Motor Carrier Safety Administration of the United States Department of Transportation.

(19) “Motor carrier” means a for-hire carrier or private carrier, as those terms are defined in ORS 825.005 that is subject to the FMCSA Regulations.

(20) “Oregon CDL Examiner’s Manual” (DMV Form 735-7306) means the document that provides information to DMV and Examiners on administering a CDL skills test as provided in OAR 735-060-0120.

(21) “Owner,” when used in connection with a person that is a CDL Third Party Tester, means a sole proprietor, partner, officer, director or a shareholder who holds 20% or more of the business.

(22) “Person” is as defined in ORS 174.100.

(23) “Personal information” is as defined in ORS 802.175.

(24) “Revocation” means the termination of a CDL Third Party Tester Certificate or of a CDL Third Party Examiner Certificate and the right to apply for the certificate for the length of time specified in the Notice of Revocation.

(25) “Suspension” means a temporary withdrawal of the authority granted by a CDL Third Party Tester Certificate or of a CDL Third Party Examiner Certificate for the length of time specified in the Notice of Suspension.

(26) “Test site” means the physical location where an Examiner administers the pre-trip vehicle inspection and the basic control skills test portions of the CDL skills test.

(27) “Traffic crime” is as defined in ORS 801.545.

(28) “Valid CDL” means a CDL issued to an Examiner for the class of vehicle, with any necessary endorsement, required to operate a CMV for which the Examiner intends to administer CDL skills tests. “Valid CDL” does not include:

(a) A CDL with restrictions that would make the Examiner’s operation of the CMV unlawful under ORS 807.010(2);

(b) A CDL that is currently expired, suspended, revoked, cancelled, or otherwise withdrawn in any jurisdiction; or

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.072 & 807.080
Statutes/Other Implemented: ORS 807.040, 807.070, 807.072 & 807.080
DMV 2-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
Renumbered from 735-060-0000, DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 16-2003, f. & cert. ef. 11-18-03
DMV 1-1998, f. & cert. ef. 1-26-98
MV 10-1992, f. 8-21-92, cert. ef. 9-1-92
MV 16-1991, f. 9-18-91, cert. ef. 9-29-91
MV 9-1991(Temp), f. & cert. ef. 7-26-91
MV 6-1990, f. & cert. ef. 4-2-90
MV 23-1987, f. & ef. 9-28-87, Renumbered from 735-031-0600
MV 4-1987, f. & ef. 5-18-87
MV 11-1986, f. 6-27-86, ef. 7-1-86

Or. Admin. R. 735-060-0030 Qualifications for CDL Third Party Testers

(1) To qualify for a CDL Third Party Tester Certificate, a person must meet and continue to meet throughout the term of the certificate, all of the following qualifications:

(a) Maintain a business office or facility within the State of Oregon where CDL applicant records are securely kept and are available for inspection or audit by DMV, the Oregon Secretary of State’s Office or the FMCSA. To qualify as a business office or facility, it must be staffed and open during posted business hours or have a business phone with an answering service, answering machine or voice mail service, with the ability to return all business related messages no later than the following business day.

(b) Comply with all federal, state and local laws or regulations, including all business and zoning requirements.

(c) Have a business name that is registered and listed as active with the Corporation Division of the Office of the Oregon Secretary of State, unless the person is a department, agency or instrumentality of a state or local government.

(d) Have an active e-mail address and Internet access.

(e) Be awarded and have in place a fully-executed CDL Third Party Tester personal services contract, interagency agreement, or intergovernmental agreement with DMV and comply with all of its terms and conditions.

(f) Designate at least one CDL Third Party Tester Representative, who may be the owner or an employee of the Tester. If more than one Representative is designated, the responsibilities of each must be clearly described, in writing, to the satisfaction of DMV. The Representative must have basic computer skills and complete administrative training as required and provided by DMV.

(g) Have an owner or a representative who is certified as a CDL Third Party Examiner or is currently seeking certification from DMV as a CDL Third Party Examiner, or have at least one Examiner associated with it.

(h) Maintain comprehensive insurance coverages as specified in the CDL Third Party Tester contract or agreement. If a CDL Third Party Tester is a unit of local government or Oregon State agency and is self-insured, the Tester must provide DMV with verification of that self-insurance.

(i) Provide to DMV a surety bond as specified in the CDL Third Party Tester contract. Units of local government and Oregon state agencies are exempt from the requirement to maintain a surety bond.

(j) Provide to DMV a statement of consent, signed by an owner or the Representative, allowing DMV to confirm the liability insurance described in subsection (1)(h) of this rule and the surety bond described in subsection (1)(i) of this rule.

(k) Pass the inspection described in OAR 735-060-0040.

(L) Submit to DMV a schedule of all testing services offered and the fee for each of those services, if the Tester charges fees for testing services.

(m) Administer CDL skills tests in compliance with all the requirements set forth in OAR 735-060-0120 and the Third Party Tester contract or agreement.

(2) A person is not qualified for a CDL Third Party Tester Certificate if the person fails to meet any of the following requirements:

(a) The person has a CDL Third Party Tester Certificate, a CDL Third Party Examiner Certificate or equivalent authorization, issued by any jurisdiction that is currently cancelled, suspended, revoked or otherwise withdrawn.

(b) The person has had a CDL Third Party Tester Agreement, issued by any jurisdiction, involuntarily terminated within the five years immediately preceding the date the person requests a CDL Third Party Tester Certificate from DMV.

(c) The person, an owner, agent or manager of the business requesting the Tester Certificate or the proposed Representative has had a CDL Third Party Tester Certificate, a CDL Third Party Examiner Certificate, or equivalent authorization, issued by any jurisdiction, that was cancelled, suspended, revoked, or otherwise involuntarily terminated for conduct that would result in permanent revocation in Oregon.

(d) The person, an owner, agent or manager of the business applying for the Tester Certificate or the proposed Representative has a Driver Testing Certificate, Examiner Certificate, a Driver Training School Certificate, Driver Training Instructor Certificate, or equivalent authority issued by any jurisdiction that is currently cancelled, suspended, or revoked.

(e) The person, an owner, agent or manager of the business applying for the Tester Certificate or the proposed Representative has been terminated from employment with a state driver licensing agency, any Third Party Tester or equivalent business, a Driver Training School or equivalent business, in any jurisdiction, for a cause related to fraud, or any other reason if DMV determines from the facts and intervening circumstance of the termination that the person is not fit to perform the duties of a Tester or poses a risk to the safety of persons while performing those duties.

(f) The person, an owner, agent or manager of the business applying for the Tester Certificate or the proposed Representative has engaged in conduct that is substantially related to the person’s fitness to hold a CDL Third Party Tester Certificate and that demonstrates to DMV unfitness or inability to perform the duties of a Tester.

(g) The person is a motor carrier with an unsatisfactory safety rating from FMCSA or the Oregon Department of Transportation, Motor Carrier Transportation Division.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 16-2003, f. & cert. ef. 11-18-03
DMV 1-1998, f. & cert. ef. 1-26-98
MV 6-1990, f. & cert. ef. 4-2-90
MV 24-1989, f. & cert. ef. 10-3-89
MV 24-1988, f. & cert. ef. 7-1-88
MV 4-1987, f. & ef. 5-18-87, Renumbered from 735-031-0630
MV 18-1986, f. & ef. 10-16-86
MV 11-1986, f. 6-27-86, ef. 7-1-86

Or. Admin. R. 735-060-0040 Inspection

(1) Prior to DMV issuing a CDL Third Party Tester Certificate, the prospective Tester must pass an inspection to ensure compliance with all Oregon statutes, DMV administrative rules and federal regulations related to CDL Third Party testing. An authorized representative of DMV will, during regular business hours, inspect the applicant’s business office or facility, and any proposed test site, and on-road drive test routes submitted to DMV.

(2) DMV, the Oregon Secretary of State, or FMCSA may conduct an unscheduled inspection of the business premises, records, and equipment of a CDL Third Party Tester to review compliance with all Oregon statutes, DMV administrative rules, and federal regulations related to CDL Third Party testing. No notice will be given to the Tester prior to the unscheduled inspection. The Tester must consent to and fully cooperate with the unscheduled inspection.

(3) In addition to any other inspection, DMV will, at least once every two years, conduct an inspection of each Tester to review compliance with Oregon statutes, DMV administrative rules, and federal regulations related to CDL Third Party testing.

(4) An inspection, whether scheduled or unscheduled, may include an inspection of:

(a) CDL Third Party Tester records.

(b) Security of CDL applicant personal information.

(d) The testing procedures used by CDL Third Party Examiners of the Tester including the test site(s) and on-road drive test route(s).

(e) Any other related areas the DMV representative may deem necessary at the time of the inspection.

(5) As part of an inspection, a DMV or FMCSA representative may observe, co-score and evaluate a CDL Third Party Examiner administering a CDL skills test or retest a sample of the CDL applicants who were tested by an Examiner of the Tester to compare scoring and monitor testing procedures. The Tester must provide a vehicle that will accommodate the Examiner, the CDL applicant being tested, and the DMV representative.

(6) A federal, state, county, or city law enforcement officer, or a representative of the Oregon Department of Transportation or of the FMCSA may conduct covert observations of CDL skills tests administered by Tester’s Examiners or may pose as a customer of a Tester without disclosing their employment with a governmental entity to inspect the manner in which CDL skills tests are administered.

(7) To pass an inspection, the Tester must be in compliance with the Oregon statutes, DMV administrative rules and federal regulations relating to CDL Third Party testing.

(8) The DMV, Oregon Secretary of State, or FMCSA representative conducting the inspection will prepare a written report and specify any deficiencies that the Tester must correct. The Tester will be given a copy of the report. Deficiencies identified must be corrected by the Tester within 30 calendar days of the date DMV sends the report to the Tester.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 16-2003, f. & cert. ef. 11-18-03
DMV 1-1998, f. & cert. ef. 1-26-98
MV 6-1990, f. & cert. ef. 4-2-90
MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0635

Or. Admin. R. 735-060-0050 Issuance of CDL Third Party Tester Certificate

(1) To obtain a CDL Third Party Tester Certificate, a prospective Tester must:

(a) Meet all the qualifications set forth in OAR 735-060-0030;

(b) Have in place a fully executed personal services contract, interagency agreement, or intergovernmental agreement with DMV for CDL skills testing;

(A) One or more proposed test sites where the pre-trip vehicle inspection and basic control skills portions of the CDL skills test will be administered;

(B) For each proposed test site at least one proposed on-road drive test route;

(C) For each CDL Examiner who will administer CDL skills tests for the Tester, copies of the proposed Examiner’s driver license, results of the Examiner’s criminal background check, proof of completion of CSTIMS privacy training, and verification of the successful completion of a DMV-approved CDL Skills Test Examiner training program;

(D) Proof of comprehensive commercial liability insurance and proof of comprehensive auto liability insurance, if applicable, that meets the requirements specified in the CDL Third Party Tester contract or agreement. A self-insured public agency covered by the Oregon Tort Claims Act must submit a statement of self-insurance;

(E) Proof of surety bond as required by OAR 735-060-0030(1)(i), unless the Tester is a public agency; and

(F) Authorization for:

(i) Verification of tax compliance;

(ii) Verification of the liability insurance described in OAR 735-060-0030(1)(h); and

(iii) Verification of the surety bond described in OAR 735-060-0030(1)(i).

(2) A CDL Third Party Tester Certificate is valid for five years, unless cancelled, suspended, revoked or the Tester’s CDL Third Party Tester Agreement is terminated. The certificate will expire five years from the end of the month it is issued or renewed. For example, a certificate issued or renewed on April 2, 2019 will expire on April 30, 2024.

(3) A CDL Third Party Tester Certificate may be replaced if the original certificate is lost, mutilated or destroyed. To apply for a replacement certificate, a written request that describes the reason for the replacement must be submitted to DMV CDL Third Party Testing, 1905 Lana Avenue NE, Salem, Oregon 97314.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 16-2003, f. & cert. ef. 11-18-03
DMV 1-1998, f. & cert. ef. 1-26-98
MV 6-1990, f. & cert. ef. 4-2-90
MV 24-1989, f. & cert. ef. 10-3-89
MV 24-1988, f. & cert. ef. 7-1-88
MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0640

Or. Admin. R. 735-060-0051 Refusal to Issue a CDL Third Party Tester Certificate

(1) DMV may not issue a CDL Third Party Tester Certificate to any person when:

(a) DMV determines the prospective Tester has provided false information to DMV in the pursuit of a skills testing contract or agreement, in any other report, or in any DMV driver licensing or vehicle titling or registration transaction;

(b) DMV determines that the person fails to meet any qualification for certification required by these rules; or

(c) DMV determines that issuance of the certificate to a specific person may compromise the integrity of the CDL Third Party Testing Program, as described in OAR 735-060-0145.

(2) DMV may not issue a CDL Third Party Tester Certificate if any required information or documentation is missing or incomplete.

(3) If DMV refuses to issue a CDL Third Party Tester Certificate, the person is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act, ORS 183.413 to 183.500.

(4) A person must submit a request for a hearing in writing within 60 days of the date of the refusal. A hearing request received in a timely manner will not result in issuance of a CDL Third Party Tester Certificate pending the outcome of the hearing.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-060-0055 Duties of a CDL Third Party Tester

(1) A Tester must:

(a) Meet the qualifications for a Tester described in the Federal Motor Carrier Safety Regulations, OAR 735-060-0030, and the Third Party Tester contract or agreement throughout the term of the certification.

(b) Notify DMV in writing prior to making any changes to, deviations from, or modifications to a test site or an on-road drive test route unless there is good cause for such change, deviation or modification due to an unexpected closure or safety issue that could not be anticipated by the Tester or Examiner. Good cause includes, but is not limited to, an accident, downed trees or power lines, flooding, or unannounced construction. Any change, deviation or modification from an on-road drive test route must not result in any scored maneuver being skipped. Any change, deviation or modification from the test site or on-road drive test route must be noted in CSTIMS along with an explanation of the cause for the change, deviation or modification.

(c) Notify DMV in writing no less than 24 hours prior to any change in the address of Testing Business’s office, facility, or campus.

(d) Notify DMV within 24 hours upon receipt of notice that Tester or any owner, Representative, or Examiner employed by the business is the subject of a civil legal action, criminal investigation, arrest or conviction, is enrolled in a Driving Under the Influence of Intoxicants diversion program, or has received any suspension, revocation, cancellation or disqualification of driving privileges.

(e) Notify DMV within 24 hours if any owner, employee, Representative, or Examiner is no longer in compliance with any requirement or qualification in OAR 735 Division 60, Federal Motor Carrier Safety Regulations, or the CDL Third Party Testing contract or agreement.

(f) Notify DMV within 24 hours if the Tester goes out of business or if there is any change in the status of an Examiner or a Representative, including an Examiner or Representative who is no longer employed by or associated with the Tester.

(g) Provide DMV a revised record of services offered to the public related to CDL skills testing and the fees charged by the Tester no less than 5 calendar days prior to any change in those services or fees.

(h) Notify DMV within 24 hours of any possible data breach of Tester’s computer or physical files that may result in a person accessing an applicant’s personal information and notify DMV within 10 calendar days of the possible data breach, in writing, of how the data breach was resolved.

(i) Notify DMV within 24 hours of any complaint concerning Testing Business or Examiner.

(A) Notify DMV within 10 calendar days of the complaint, in writing, of how the complaint was resolved.

(B) Respond to an applicant who submits a complaint to DMV within 10 calendar days of receiving notice from DMV, if a response is requested by the applicant or DMV. Provide DMV a copy of the written response or a written summary of a verbal exchange with the applicant no later than 2 calendar days after the date of the response.

(j) Notify DMV’s Third-Party Programs Compliance Coordinator of suspected fraudulent activity or bribery attempts within 24 hours of the activity or event.

(k) Ensure that all Examiners associated with the Tester remain in compliance with all Federal Motor Carrier Safety Regulations, state statutes, administrative rules, and terms of the Third Party Tester contract or agreement related to the qualifications and duties of Examiners.

(L) Ensure that before any individual associated with the Tester views or enters information in CSTIMS, the individual takes the CSTIMS Privacy Awareness Training.

(m) Make any and all business records, vehicles and facilities related to the operation of the Tester’s testing program available for inspection by representatives of DMV, the Oregon Secretary of State, or FMCSA with or without prior notice.

(n) Correct any deficiencies specified in an inspection report within 30 calendar days of receipt of the report.

(o) Ensure that vehicles provided by the Tester for testing purposes:

(A) Meet the safety equipment standards of the Oregon Vehicle Code and Federal Motor Carrier Safety Regulations, and are maintained in good mechanical condition;

(B) Are equipped with a fire extinguisher and three flares or three approved reflectors;

(D) Are properly insured as required by the Third Party Testing contract or agreement.

(p) Comply with all Oregon statutes, DMV administrative rules and federal regulations related to the CDL Third Party Testing program and with all terms of the CDL Third Party Testing contract or agreement.

(q) Maintain and submit records as required by OAR 735-060-0057.

(r) Ensure that before testing a CDL applicant each Examiner administering tests for the Tester complies with the requirements of OAR 735-060-0105(1) excluding subsection (L).

(s) Ensure all Examiners report and make entries into CSTIMS as required by these rules and the Third Party Tester contract or agreement.

(2) A CDL Third Party Tester must not:

(a) Falsify any records or fraudulently record, or cause to be recorded, passing scores in CSTIMS for any CDL applicant who has not passed a complete CDL skills test according to the procedures in the Oregon CDL Examiner’s Manual or who was not tested in accordance with the requirements set forth in OAR 735-060-0120.

(b) Permit anyone except a certified Examiner to administer a CDL skills test or complete a score sheet for the CDL skills test and record, or cause to be recorded, test scores in CSTIMS.

(d) Assist a person in fraudulently obtaining driving privileges from DMV.

(e) Disclose a CDL applicant’s personal information as defined in ORS 802.175, or a CDL applicant’s test scores to any person unless authorized by DMV.

(f) Violate the Code of Ethics and Rules of Conduct set forth in OAR 735-060-0115.

(g) Allow an Examiner to administer a CDL skills test while visibly intoxicated.

(h) Permit an Examiner associated with a commercial truck or bus driver training school to test a driver who has been trained by the Examiner or trained by anyone employed by the school.

(i) Permit an Examiner associated with a Tester with an employer-administered training program to test a CDL applicant who has been trained by that Examiner on any portion of the CDL skills test.

(j) State or imply, or allow anyone associated with the Tester to state or imply, to a CDL applicant that he or she must obtain training prior to or after testing.

(k) Permit an Examiner to change, deviate or modify the test site or on-road drive test route recorded in CSTIMS when the test was scheduled, without prior written approval from DMV, unless there is good cause and notation in CSTIMS, as described in sub-section (1)(b) of this rule, or is otherwise permitted per the CDL Examiner’s Manual.

(L) Permit an Examiner to administer a CDL skills test to an applicant who has not completed ELDT as required by OAR 735-063-0262.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 2-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0050(9), (13)

Or. Admin. R. 735-060-0057 Record Requirements for CDL Third Party Testers

(1) The Tester must ensure records are maintained at the Tester’s primary place of business or by each Examiner at each testing location for no less than six years from the date of the test.

(2) The Tester must maintain the following records:

(a) A fully completed copy of the CDL test score sheet for each CDL applicant tested, regardless of whether the individual passed or failed the test. To be fully completed the CDL skills test score sheet must contain:

(A) The CDL applicant’s full name and driver license number;

(B) Information on the CMV used for the test, including:

(i) Jurisdiction in which the CMV is registered;

(ii) The CMV registration plate number;

(iii) The class and type of CMV; and

(iv) Whether the CMV had airbrakes or air-over-hydraulic brakes, is a passenger-carrying CMV or a school bus, has a manual or automatic transmission, or uses a fifth-wheel hitch system.

(D) The CDL skills test site and on-road drive route identifiers.

(E) The CDL Third Party Examiner’s name.

(F) The time and date of the test and test results.

(b) A copy of the CDL applicant’s CLP and Oregon driver license presented by the CDL applicant at the time of testing. The CDL applicant’s identifying information, including the photo, must be legible on the copy. A Tester or Examiner may not use a copy of the CDL applicant’s Oregon CLP or driver license except to identify the CDL applicant for testing purposes and may not disclose a copy for any purpose except as provided in subsection (2) of this rule, OAR 735-060-0040 and the CDL Third Party Tester Agreement.

(c) A signed copy of the fee receipt, described in OAR 735-060-0105(1)(f)(B), provided to the CDL applicant showing all fees paid to the Tester and Examiner for all services related to a CDL skills test This is not required if the Tester is not collecting fees for the testing services.

(d) A copy of the current Third Party Tester contract or agreement between the Tester and DMV.

(e) A copy of the current CDL Third Party Tester Certificate and a copy of the CDL Third Party Examiner Certificate for each Examiner associated with the Tester.

(f) The results of all criminal background checks for Tester’s Representatives and Examiners.

(3) All records subject to this rule must be available for inspection by an authorized representative of DMV, the Oregon Secretary of State, or FMCSA, Monday through Friday between the hours of 8:30 a.m. to 4:30 p.m. Records must be available for inspection without an appointment or prior notice. Records may be retained in paper format or electronically, but must be maintained in a manner allowing for timely and efficient retrieval and review.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0050(10), (11) & (12)

Or. Admin. R. 735-060-0090 Qualifications for CDL Third Party Examiner Certificate

(1) To be eligible for a CDL Third Party Examiner Certificate, or to be allowed to maintain a CDL Third Party Examiner Certificate, an individual must meet the following qualifications:

(a) Be at least 21 years of age.

(b) Be an employee of or associated with a CDL Third Party Tester or an applicant for a CDL Third Party Tester Certificate.

(c) Except as provided in subsection (d) of this section, have and maintain a valid Oregon CDL as defined in OAR 735-060-0003(27).

(d) If the individual does not have a valid Oregon CDL, the individual must have a valid CDL issued by another jurisdiction, as defined in OAR 735-060-0003(27). An individual who has not held an Oregon CDL for the required three-year period may be required to submit a certified driving record from any jurisdiction that issued the CDL during that period.

(e) Have the skills and abilities necessary to administer CDL skills tests as described in OAR 735-060-0120.

(f) Not have been convicted of a felony within the last 10 years.

(g) Not have been convicted of a crime involving fraud, false swearing or misrepresentation.

(h) Have successfully completed the CDL Third Party Examiner training course as required in OAR 735-060-0095.

(i) Provide documentation satisfactory to DMV, including a recommendation from a previous employer, of at least one of the following:

(A) At least three years of CMV driving experience;

(B) At least two years of experience training CMV drivers for a private business or government agency; or

(2) An individual is not eligible for a CDL Third Party Examiner Certificate, or will not be allowed to maintain a CDL Third Party Examiner Certificate, if:

(a) The individual is enrolled or participating in a DUII diversion program, or has restricted or suspended driving privileges under a driver improvement program, including an equivalent diversion or driver improvement program in another jurisdiction. This section will apply if the individual was enrolled or participating in a diversion program or his or her driving privileges were restricted or suspended under a driver improvement program anytime within the three years preceding the date an application for a CDL Third Party Examiner Certificate is submitted to DMV.

(b) The individual has been convicted of any traffic crime. This subsection does not apply if the conviction occurred more than five years preceding the date an application for a Third Party Examiner Certificate is submitted to DMV if the traffic crime is a misdemeanor or ten years if the traffic crime is a felony.

(c) The individual has been issued a CDL Third Party Tester or CDL Third Party Examiner Certificate by DMV that is currently revoked or suspended.

(d) The individual has been issued a CDL Third Party Tester Certificate or CDL Third Party Examiner Certificate by another jurisdiction, that is currently revoked or suspended, or that was revoked, involuntarily canceled or suspended within the five years preceding the date an application for a CDL Third Party Examiner Certificate is submitted to DMV.

(e) The individual has been terminated from employment with a state driver licensing agency, CDL Third Party Tester or equivalent, a Driver Training School or equivalent in any jurisdiction, for a cause related to fraud or any other reason if DMV determines from the facts and circumstances of the termination that the individual is not fit to perform the duties of an Examiner or poses a risk to the safety of others while performing those duties.

(f) The individual has engaged in conduct that is substantially related to the person’s fitness to hold a CDL Third Party Examiner Certificate and which demonstrates unfitness and inability to perform the duties of an Examiner.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 16-2003, f. & cert. ef. 11-18-03
DMV 1-1998, f. & cert. ef. 1-26-98
MV 6-1990, f. & cert. ef. 4-2-90
MV 24-1989, f. & cert. ef. 10-3-89
MV 24-1988, f. & cert. ef. 7-1-88
MV 18-1986, f. & ef. 10-16-86, Renumbered from 735-031-0670
MV 11-1986, f. 6-27-86, ef. 7-1-86

Or. Admin. R. 735-060-0095 CDL Third Party Examiner Training

(1) An individual wishing to obtain a CDL Third Party Examiner Certificate must successfully complete the CDL Third Party Examiner initial training course as required by DMV as part of the approval process. This initial training course includes the CSTIMS Privacy Awareness Training.

(2) Each Examiner must successfully complete a refresher training course and examination at least every four years. DMV may require an Examiner to successfully complete the refresher training course and examination more frequently than every four years.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 16-2003, f. & cert. ef. 11-18-03
DMV 1-1998, f. & cert. ef. 1-26-98
MV 6-1990, f. & cert. ef. 4-2-90

Or. Admin. R. 735-060-0100 Issuance of a CDL Third Party Examiner Certificate

(1) To obtain a CDL Third Party Examiner Certificate a prospective Examiner must:

(a) Meet all the qualifications set forth in OAR 735-060-0090;

(b) Submit to and successfully pass a nationwide criminal background check as described in the Third Party Tester contract or agreement.

(c) Provide DMV with verification of employment by a Third Party Testing entity under contract or agreement with DMV, a copy of the prospective Examiner’s driver license, results of the prospective Examiner’s criminal background check, and verification of the successful completion of a DMV-approved CDL Skills Test Examiner training program.

(2) Upon providing all required information and successfully meeting all qualifications, DMV will issue a CDL Third Party Examiner Certificate to an Examiner that includes the name of the Tester for which the Examiner will administer CDL skills tests.

(3) Unless cancelled, suspended or revoked, a CDL Third Party Examiner Certificate is valid as long as the Examiner is administering tests for a Third Party Tester that has a valid and unexpired contract or agreement with DMV and has a valid and unexpired Third Party Tester certificate from DMV.

(4) The Examiner must immediately return the CDL Third Party Examiner Certificate, score sheets, blank receipts, and Oregon CDL Examiner’s Manual to DMV or the Tester when the Examiner is no longer associated with the Tester named on the CDL Third Party Examiner Certificate.

(5) DMV will cancel a CDL Third Party Examiner Certificate upon request of the Tester for whom the Examiner administers tests.

(6) DMV will issue a replacement CDL Third Party Examiner Certificate if the Examiner certifies that the original certificate has been lost, mutilated or destroyed. To apply for a replacement CDL Third Party Examiner Certificate, the Examiner must submit a written request indicating the reason for the replacement via email, or in writing to: DMV, Third Party Programs, 1905 Lana Avenue NE, Salem, OR 97314.

(7) DMV will issue an additional CDL Third Party Examiner Certificate when an Examiner is administering tests for more than one CDL Third Party Tester. DMV will issue a new CDL Third Party Examiner Certificate when an Examiner stops administering tests for one Tester and begins administering tests for a different Tester. To obtain an additional or new certificate, the Examiner must meet all the qualifications set forth in OAR 735-060-0090 and provide any required documentation to verify qualification as requested by DMV.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 16-2003, f. & cert. ef. 11-18-03
DMV 1-1998, f. & cert. ef. 1-26-98
MV 6-1990, f. & cert. ef. 4-2-90
MV 24-1989, f. & cert. ef. 10-3-89
MV 24-1988, f. & cert. ef. 7-1-88
MV 18-1986, f. & cert. ef. 10-16-86, Renumbered from 735-031-0680
MV 11-1986, f. 6-27-86, ef. 7-1-86

Or. Admin. R. 735-060-0101 Refusal to Issue a CDL Third Party Examiner Certificate

(1) DMV may not issue a CDL Third Party Examiner Certificate to any individual when DMV determines that:

(a) The Examiner, or the Tester employing the Examiner, has provided any false information to DMV regarding the Examiner;

(b) The person fails to meet any qualification for certification required by these rules; or

(c) Issuance of the certification to a specific person may compromise the integrity of the CDL Third Party Testing Program.

(2) DMV will not issue a CDL Third Party Examiner Certificate if any required information or documentation is missing or incomplete.

(3) If DMV refuses to issue a CDL Third Party Examiner Certificate, the person is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act, ORS 183.413 to 183.500.

(4) A person must submit a request for a hearing in writing within 60 days of the date of the refusal. A hearing request received in a timely manner will not result in issuance of a CDL Third Party Examiner Certificate, pending the outcome of the hearing.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-060-0105 Duties of a CDL Third Party Examiner

(1) An Examiner must:

(a) Meet qualifications set forth in OAR 735-060-0090 throughout the period the Examiner holds the CDL Third Party Examiner Certification.

(b) Properly complete all forms and reports required by DMV.

(d) Administer CDL skills tests only for the class and type of CMVs authorized by DMV on the CDL Third Party Examiner Certificate.

(e) Record accurate information and scores in CSTIMS only for the class of CDL, including endorsements and restrictions, for which the CDL applicant was tested;

(f) Comply with the following requirements before administering a CDL skills test:

(A) View and obtain a copy of the applicant’s unexpired Oregon CLP and unexpired Oregon driver license at the time of the test. The CLP must have been issued at least 14 days prior to the date of testing, be issued in the appropriate class, and contain all required endorsements to operate the vehicle being used for testing. The CDL applicant’s identifying information, including the photo, must be legible on the copy; and

(B) Provide the CDL applicant a receipt for the fees the CDL applicant paid for all services relating to the CDL skills test, if applicable, including but not limited to, fees for the CDL skills test, travel time or distance, and vehicle rental. A fee collected must be in the amount provided in the schedule submitted to DMV under OAR 735-060-0030(1)(L). The receipt must be on a standard receipt form provided to the CDL Tester by DMV. The receipt must be signed by both the CDL applicant and the Examiner. A receipt need not be provided when the Examiner is employed by an employer-related testing business and is administering a test to an employee of the Tester.

(g) Successfully complete any additional training when required by DMV, with the Tester or Examiner responsible for all associated costs.

(h) Comply with all Oregon statutes, DMV administrative rules, and federal regulations pertaining to the qualifications and duties of a CDL Third Party Examiner.

(i) Administer all three portions of the CDL skills tests to a minimum of 10 different CDL applicants during each calendar year. If an Examiner does not meet that minimum number during a calendar year, the Examiner must complete refresher training at the Tester’s expense and may be subject to an evaluation by DMV after completing the refresher training.

(j) Be present during any DMV, Oregon Secretary of State, or FMCSA inspection of CDL Third Party Tester records if requested by DMV.

(k) Only administer CDL skills tests for the Tester named on the Examiner’s CDL Third Party Examiner Certificate.

(L) Notify the Tester within 24 hours of any notice of a civil legal action, a criminal investigation or arrest, or any complaint concerning administration of a CDL skills test or conviction of a traffic crime by the Examiner.

(m) Report to DMV in CSTIMS complete and accurate information for all scheduled CDL skills tests at least 48 hours prior to administration of the test. The test schedule information must include;

(A) The CDL applicant’s name and Oregon driver license number;

(B) The class, issue and expiration dates, and endorsements and restrictions on the CLP;

(D) The date and time of each portion of the CDL skills test;

(E) The class and type of vehicle to be used for the test, including transmission type and whether the vehicle is equipped with airbrakes;

(F) Identification of the test site and on-road drive test route; and

(G) Test schedule reason.

(n) Unless prior approval is obtained from DMV, only administer a CDL skills test that has been scheduled at least 48 hours prior to the administration of the test.

(o) Notify DMV of changes to the test site, on-road drive test route or test date that occur after submission of the schedule, but prior to the administration of the test.

(p) Report to DMV in CSTIMS the complete and accurate results of all CDL skills tests within 24 hours of administering the test. The results must include:

(A) The date of the test;

(B) The actual start and end times of each portion of the test;

(D) Information on the vehicle used for the test, including the following:

(i) The jurisdiction in which the CMV is registered;

(ii) The CMV registration plate number;

(iii) The class and type of CMV; and

(iv) Whether the CMV has airbrakes or air-over-hydraulic brakes, was a passenger-carrying CMV or a school bus, had a manual or automatic transmission, or used a fifth-wheel hitch system.

(q) Upload testing documents to CSTIMS within 72 hours of administering the test. Testing documents must include a copy of the applicant’s CLP and driver license, the test score sheet, and the fee receipt if one is completed.

(2) An Examiner must not:

(a) Record or cause to be recorded scores in CSTIMS for any CDL applicant:

(A) If the Examiner did not administer the CDL skills test to the CDL applicant;

(B) If the Examiner did not administer a CDL skills test meeting the requirements of OAR 735-060-0120 to the CDL applicant;

(D) Who is known not to have valid driving privileges. Acceptable evidence of valid driving privileges is the CDL applicant presenting an unexpired Oregon driver license and an unexpired Oregon CLP. The Oregon CLP must have been issued no less than 14 days prior to the date of the test, in the appropriate class, and with all endorsements required to operate the vehicle being used for testing.

(b) Make any changes to, deviations from, or modifications to a test site or an on-road drive test route unless there is good cause for such change, deviation or modification due to an unexpected closure or safety issue that could not be anticipated by the Tester or Examiner. Good cause includes, but is not limited to, an accident, downed trees or power lines, flooding, or unannounced construction. Any change, deviation or modification to the test site or on-road drive test route must be noted in CSTIMS along with an explanation of the cause for the change, deviation or modification.

(d) Administer CDL skills tests without a valid CDL Third Party Examiner Certificate issued by DMV.

(e) Transfer his or her CDL Third Party Examiner Certificate to any other individual.

(f) Assist a person in fraudulently obtaining driving privileges from DMV.

(g) Violate the Code of Ethics and Rules of Conduct set forth in OAR 735-060-0115.

(h) Allow any CDL applicant to take a CDL skills test if the Examiner has reason to believe the CDL applicant is visibly intoxicated.

(i) Test a relative or personal friend or knowingly test a relative or friend of the Tester or any owner or employee of the Tester.

(j) Administer a CDL skills test to a CDL applicant who does not possess a valid Oregon driver license along with a valid Oregon CLP. The Oregon CLP must have been issued no less than 14 calendar days prior to the date of the test, in the appropriate class and with all endorsements required to operate the vehicle being used for testing.

(k) Administer a CDL skills test when the CDL Third Party Tester Certificate of the Tester for whom the Examiner administers tests is no longer valid.

(L) Administer a CDL skills test to an applicant who has not completed ELDT as required by OAR 735-063-0262.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 2-2026, minor correction filed 03/05/2026, effective 03/05/2026
DMV 2-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0100(8), (9) & (10)

Or. Admin. R. 735-060-0115 Code of Ethics and Rules of Conduct

(1) A CDL Third Party Tester, CDL Third Party Tester Representative and CDL Third Party Examiner must adhere to the highest standards of professional conduct. The standards of professional conduct for a Tester, Representative and Examiner must be consistent with the standards of professional conduct expected of a person employed by DMV who administers CDL skills tests. Therefore, DMV requires Testers, Representatives and Examiners to be professional and respectful in all dealings with CDL applicants and others while ensuring the safety of Oregon roads.

(2) A Tester, Representative or Examiner will not engage in or allow any owner, agent, manager or employee to engage in any of the following:

(a) Assisting or allowing a CDL applicant to fraudulently:

(A) Receive a passing score for a CDL skills test when the CDL applicant failed the test, did not take the test, did not take the complete test, or took a test that was not administered as required by OAR 735-060-0120; or

(B) Obtain driving privileges for which the CDL applicant is ineligible or has not qualified.

(b) Discrimination against any CDL applicant on the basis of race, religion, national origin, disability, age, sex or sexual orientation.

(d) Offering a bribe to or colluding with a DMV employee when it is evident from the circumstances that the attempt is for the purpose of influencing the results of a DMV inspection or evaluation.

(e) Having sexual relations with or requesting sexual relations from a CDL applicant. For purposes of this section, “sexual relations” means:

(A) Sexual intercourse; or

(B) Any touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either party.

(f) Using physical force or a threat of physical force against a CDL applicant, unless such force or threat is necessary to avoid immediate danger to the safety of the CDL applicant, the Examiner, a DMV employee, employees of the CDL Third Party Tester or other individuals.

(g) Possessing any unlawful controlled substance, inhalant, intoxicating beverage or being visibly intoxicated while administering a CDL skills test.

(h) Falsifying any document or making a misrepresentation on a CDL Third Party Examiner or CDL Third Party Tester application or in any document that relates to any testing activity.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.080
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 16-2003, f. & cert. ef. 11-18-03

Or. Admin. R. 735-060-0120 CDL Skills Test

(1) The CDL skills test is a three-part test of an individual’s skills to safely operate a CMV. The three parts are the pre-trip vehicle inspection test, the basic control skills test, and the on-road drive test.

(2) DMV adopts the following FMCSA regulations in effect on April 1, 2025 and prescribes that these regulations establish the standards that must be followed in the administration of an approved CDL skills test described in section (9) of this rule:

(a) 49 CFR sec. 383.71, Driver Applicant and Certification Procedures;

(b) 49 CFR sec. 383.75, Third Party Testing;

(d) 49 CFR sec. 383.131 through sec. 383.135, Tests.

(3) The CDL skills test must be administered by a certified CDL Third Party Examiner. The Examiner must:

(a) Not administer more than six CDL skills tests within a single calendar day.

(b) Begin and end all CDL skills tests during daylight hours.

(d) Administer all segments of the CDL skills test in the same type and class of commercial vehicle.

(e) Complete all segments of the CDL skills test on the same calendar day unless the CDL applicant fails or is unable to complete any portion of the test, as described in section (8) of this rule.

(f) Not administer another CDL skills test until after the minimum waiting period set forth in OAR 735-062-0070(7) has passed, if the CDL applicant fails any part of the CDL skills test.

(g) Administer the CDL skills test using the test scoring sheets approved by DMV.

(h) Not permit any person who is not an Examiner, an official with DMV, an official with FMSCA or the CDL applicant being tested to observe or participate in a CDL skills test without the prior approval of DMV.

(i) Administer all segments of the CDL skills test in English.

(4) A CDL skills test must not be administered if the Examiner has reason to believe that the CDL applicant’s driving privileges are suspended, revoked, canceled or have otherwise been withdrawn.

(5) The CDL skills test must be administered and scored in accordance with the federal regulations adopted by section (2) of this rule and the CDL skills test versions adopted by section (9) of this rule and the methods and procedures set forth in the Oregon CDL Examiner’s Manual. The CDL skills test must include, but is not limited to, the following:

(a) A pre-trip vehicle inspection test. This part of the CDL skills test must be administered first and must be administered at the scheduled test site, except as provided in OAR 735-060-0105(2)(b). It is designed to evaluate the CDL applicant’s ability to identify and operate the equipment on the vehicle in which the CDL applicant is being tested and to detect and identify unsafe vehicle equipment items as described in the Oregon Commercial Driver Manual. The specific items that must be inspected during a pre-trip inspection are those listed in the Oregon CDL Examiner’s Manual.

(b) A basic control skills test. This part of the CDL skills test must be administered after the CDL applicant has successfully completed the pre-trip vehicle inspection test and prior to the on-road drive test, and must be administered at the scheduled test site, except as provided in OAR 735-060-0105(2)(b). It is designed to evaluate the CDL applicant’s ability to control the vehicle and judge the position of the vehicle in relation to other objects through basic starting, stopping, backing or parking maneuvers. The specific exercises that must be performed and the course layout that must be used during a basic control skills test are those described in the Oregon CDL Examiner’s Manual.

(c) An on-road drive test. This part of the CDL skills test, which must be administered after successful completion of the basic control skills test, is designed to evaluate the CDL applicant’s competency to safely operate a commercial motor vehicle or combination of commercial vehicles under actual driving conditions. The CDL applicant must demonstrate safe and proper driving methods and procedures and knowledge of the traffic laws. The following apply to an on-road drive test:

(A) It must be administered on the scheduled on-road drive test route, except as provided in OAR 735-060-0105(2)(b).

(B) The commercial motor vehicle or combination of commercial vehicles must be of the class for which the CDL applicant seeks a license or endorsement and must have the proper equipment in safe working order so that the vehicle(s) can be operated safely and legally. The Examiner is not required to verify the safe condition of any commercial motor vehicle provided by the CDL applicant for an on-road drive test, but must not administer the test if it is apparent the vehicle cannot be operated safely and legally.

(C) The CMV or combination of CMVs must not be loaded, but the test must be administered and scored as if the CMV or combination of CMVs is loaded.

(6) DMV will approve an on-road drive test route if DMV determines that it:

(a) Enables the CDL Third Party Examiner to evaluate the ability of the CDL applicant to perform the maneuvers listed in the Oregon CDL Examiner’s Manual; and

(b) Meets the specifications for an on-road drive test for a CDL set forth in the Oregon CDL Examiner’s Manual.

(7) DMV may determine that a previously approved on-road drive test route is no longer approved if DMV learns that the route is lacking required elements, or, due to road or traffic conditions, trying to perform necessary maneuvers at a certain point on the route may be unsafe. DMV will notify a Third Party Tester when a route may no longer be used for an on-road drive test.

(8) If an applicant fails any part of the CDL skills test, an approved Third Party Tester may accept a score for the part of the CDL skills test that the applicant passed. A Third-Party Tester may administer a subsequent CDL skills test for any part of the CDL skills test that the applicant previously failed. An applicant must pass all segments of the CDL skills test using one CDL test version, described in section (9) of this rule. DMV may not accept a score for any part of the CDL skills test that the applicant previously passed if the applicant’s CLP has expired.

(9) A CDL Examiner must use one of the following approved CDL skills test versions to test an applicant:

(a) AAMVA CDL Skills Test Version March 2025, along with the corresponding examiner policy manual, in effect on June 1, 2025; or

(b) The ODOT CDL Skills Test in effect on March 1, 2022, which is approved for use by a CDL Examiner through May 31, 2026.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 10-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11
DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 3-2006, f. 3-17-06, cert. ef. 4-15-06
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 16-2003, f. & cert. ef. 11-18-03
DMV 1-1998, f. & cert. ef. 1-26-98
MV 6-1990, f. & cert. ef. 4-2-90
MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0710

Or. Admin. R. 735-060-0130 Recording of Test Scores in CSTIMS

(1) When a CDL Third Party Examiner, CDL Third Party Tester, CDL Third Party Tester Representative, or other employee of a Tester enters scores into CSTIMS that show the CDL applicant passed the CDL skills test, DMV will accept that action as certification by the Tester that the CDL applicant is competent to drive the class of commercial motor vehicle used in the test.

(2) Passing test scores will be accepted by DMV only when entered on CSTIMS for a CDL applicant who:

(a) Has passed a CDL skills test meeting the standards set forth in OAR 735-060-0120;

(b) Has valid driving privileges, including a CLP that was issued at least 14 calendar days prior to the date of the CDL skills test, and has passed the necessary CDL knowledge tests and vision screening. A hardship or probationary permit does not constitute valid driving privileges; and

(c) Is applying for a Class A, B, or C CDL, an endorsement on a CDL, or removal of a restriction on a CDL, within six months of passing the required skills test(s).

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 16-2003, f. & cert. ef. 11-18-03
DMV 1-1998, f. & cert. ef. 1-26-98
MV 6-1990, f. & cert. ef. 4-2-90
MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0720

Or. Admin. R. 735-060-0145 CDL Third Party Tester and CDL Third Party Examiner Sanctions

(1) DMV may impose a sanction on a Tester or Examiner if DMV determines a Tester or Examiner has violated any provision related to CDL third party testing described in the Oregon Vehicle Code or these Division 60 rules.

(2) DMV will impose a sanction determined by DMV to be appropriate for the particular violation. DMV may consider one or more of the following criteria, as it deems appropriate, to determine what sanction or sanctions, if any, may be imposed upon concluding that a violation has occurred:

(a) The severity of the violation;

(b) The possible impact of the violation on public safety;

(d) The possible impact of the violation on the security of a CDL applicant’s personal information;

(e) The total number of violations by the Tester or Examiner;

(f) Whether the violation is an isolated occurrence, part of a continuing pattern, or one of a series of violations;

(g) Whether the violation was willful or committed negligently by a Tester or Examiner who, when considering the Tester’s or Examiner’s training and experience, should have known the action to be in violation of the provisions of the CDL Third Party Testing program;

(h) The history of the Tester’s or Examiner’s prior violations;

(i) The Tester’s or Examiner’s past performance;

(j) Any extenuating circumstances or other factors bearing on the appropriate nature of a sanction; and

(k) The history of prior sanctions imposed by DMV on other Testers or Examiners for a similar violation.

(3) DMV may cancel a CDL Third Party Tester’s Certificate if DMV learns that the Tester does not continue to meet all qualifications required in OAR 735-060-0030. DMV may cancel a CDL Third Party Examiner’s Certificate if DMV learns that the CDL Third Party Examiner does not continue to meet all qualifications required in OAR 735-060-0090.

(4) DMV may suspend a CDL Third Party Tester Certificate or a CDL Third Party Examiner for a period of no less than 30 calendar days and no more than one year. The following are examples of violations that may result in suspension:

(a) Public Safety – A public safety violation includes, but is not limited to:

(A) Failing to follow the methods and procedures set forth in the Oregon CDL Examiner’s Manual;

(B) Failing to test only at approved sites and on approved routes as described in these Division 060 rules;

(D) Allowing a CDL applicant to test in an unsafe vehicle;

(E) Administering a test to an applicant who does not possess an Oregon CLP that was issued no less than 14 days prior to the date of the test, in the appropriate class, and with all endorsements required to operate the vehicle being used for testing; and

(F) Administering a test to an applicant who has not completed ELDT as required by OAR 735-063-0262.

(b) Integrity of the CDL Third Party program — An integrity violation includes, but is not limited to:

(A) Conducting business in a manner that reasonably makes a CDL applicant feel intimidated;

(B) Conducting business in a manner that causes a CDL applicant to pay additional fees or fees that are not required for the services requested;

(D) Failing to ensure the CDL applicant tested is the same individual applying for a CDL.

(c) Security of personal information — A security violation includes, but is not limited to, failing to maintain proper security of records that must be retained as part of the CDL Third Party Testing program.

(d) Multiple minor violations observed in a single inspection.

(e) Failing to correct the conduct or circumstances underlying a violation communicated to the Tester or Examiner in a written warning, including those communicated on correction notices or inspection reports, resulting in the continued occurrence of the same or a similar violation.

(5) DMV may impose an immediate suspension of the CDL Third Party Tester Certificate or the CDL Third Party Examiner Certificate in accordance with the provisions of ORS 183.430.

(6) DMV may impose a revocation of the CDL Third Party Tester Certificate or of the CDL Third Party Examiner Certificate for no less than one year and no more than five years. DMV may impose a revocation upon review of the criteria described in this rule if the Tester or Examiner:

(a) Fails to correct violations that have led to previous suspensions;

(b) Commits multiple violations, that individually would otherwise result in a suspension, that are observed during one or more inspections; or

(7) DMV may impose a permanent revocation of the CDL Third Party Tester Certificate or the CDL Third Party Examiner Certificate if DMV determines the Tester or the Examiner participated in fraudulent or criminal activity or has violated any provision of the Code of Ethics and Rules of Conduct set forth in OAR 735-060-0115(2).

(8) A Tester or Examiner whose certificate has been suspended, canceled or revoked is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.

(9) When DMV proposes to sanction a CDL Third Party Tester Certificate or CDL Third Party Examiner Certificate, DMV will send a written notice that the sanction begins 30 calendar days from the date the notice is issued, with the exception of an immediate suspension described in subsection (5) of this rule. The notice will be served by certified mail sent to the Tester’s or Examiner’s most recent address on record with DMV.

(10) Except as provided for in section (11) of this rule, a request for a hearing must be submitted in writing to, and received by, DMV within 20 calendar days of the date DMV issues the notice. If a hearing request is received in a timely manner the sanction will not go into effect pending the outcome of the hearing.

(11) If the certificate is immediately suspended as set forth in subsections (5) of this rule, the request for hearing must be submitted in writing to, and received by, DMV within 90 calendar days of the date of the notice of suspension. The suspension will remain in effect pending the outcome of the hearing.

(12) Except as provided in OAR 137-003-0528, when no request for a hearing is timely received, the Tester or Examiner has waived the right to a hearing and the notice becomes the final order by default.

(13) If a CDL Third Party Tester Certificate or CDL Third Party Examiner Certificate has been revoked, the Tester or Examiner must reapply for an original certificate after the period of revocation and must meet all the qualifications set forth in OAR Chapter 735, Division 60 rules.

(14) At the end of the suspension period of a CDL Third Party Tester Certificate, the CDL Third Party Tester Certificate is valid unless the certificate has expired. If the certificate has expired, the Tester must reapply for an original certificate and must meet all the qualifications set forth in OAR 735-060-0030.

History

Statutory/Other Authority: ORS 184.619 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070
DMV 2-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019
DMV 1-2019, minor correction filed 01/07/2019, effective 01/07/2019
DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16

Division 61 THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE

Or. Admin. R. 735-061-0400 Purpose

(1) The purpose of these rules, OAR 735-061-0400 through 735-061-0470, is to establish criteria for an on-going program by which a third party testing business is authorized to give a Class C non-commercial drive test on behalf of DMV and to describe when such a service may be used by an applicant for an Oregon driver license.

(2) The rules are adopted under the authority of ORS 802.600 allowing the department to enter into an agreement with a person who is not an employee of the department to transact a function on behalf of the department and to adopt rules to carry out the provisions of ORS 802.600.

(3) Entities that qualify to be a Class C third party testing business will be selected through a competitive procurement process before entering into an agreement with DMV to be authorized to administer drive tests. DMV may enter into agreements with governmental entities to participate in the program as third party testing businesses under ORS chapter 190.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 802.600
Statutes/Other Implemented: ORS 802.600
DMV 38-2018, amend filed 09/21/2018, effective 09/21/2018
DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017

Or. Admin. R. 735-061-0410 Definitions

The following definitions apply to terms in OAR 735-061-0400 through 735-061-0470:

(1) “Applicant” means a person who during the process to obtain a Class C non-commercial driver license utilizes the services of a third party testing business.

(2) “Class C” or “Class C non-commercial” means, for purposes of these rules, the driving privileges described in ORS 807.031(4).

(3) “Class C third party testing business” or “testing business” means a private provider that has entered into an agreement, under ORS 802.600, with DMV to administer Class C drive tests.

(4) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(5) “Drive test” means an actual demonstration of the applicant’s ability to operate a motor vehicle without endangering the safety of persons or property.

(6) “Examiner” means an individual who is authorized to administer a drive test for an applicant for a Class C non-commercial driver license.

(7) “Private provider” means:

(a) A Class C Third Party Testing business that is a certified Commercial Driver Training School, has approved provider status with TSO’s Driver Education program, and is compliant with OAR 737-015-0010 to 737-015-0130; or

(b) A privately owned and currently contracted CDL Third Party Testing Business that is compliant with OAR 735-060-0001 to 735-060-0145.

(8) “Representative” means an individual authorized to complete forms and reports for the testing business to submit to DMV.

(9) “TSO” means the Transportation Safety Office of the Oregon Department of Transportation.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 802.600
Statutes/Other Implemented: ORS 802.600, 802.010 & 802.600
DMV 7-2024, minor correction filed 05/14/2024, effective 05/14/2024
DMV 36-2023, minor correction filed 11/21/2023, effective 11/21/2023
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017

Or. Admin. R. 735-061-0420 When an Applicant May Use Class C Third Party Testing and General Provisions

(1) The Class C third party testing program is for the purpose of administering drive tests only.

(2) A person seeking to obtain Class C non-commercial driving privileges must take a drive test. A person may not take the test with a third party testing business, and must test with DMV, if the person is required to test because the person is in the At-Risk Driver Program.

(3) An applicant is responsible for payment of fees charged by the testing business. Any fee charged by the testing business is separate from the DMV licensing fees.

(4)An applicant may request that an examiner show the applicant identification provided by the testing business demonstrating that the examiner is authorized to provide a Class C drive test under the Class C Third Party Testing Program. Upon request, the examiner must show the identification to the applicant.

(5) An applicant may be required by a testing business to use a vehicle provided by the testing business for the purpose of administering the drive test.

(6) If an applicant provides the vehicle in which the examiner is to administer the drive test, the testing business must ensure that the examiner administers the drive test only in a vehicle that is both legal and safe to be on the road. If an examiner determines that the applicant’s vehicle presents a health or safety risk to the examiner, the applicant or the general public, the examiner may refuse to administer a drive test in the applicant’s vehicle. The applicant’s vehicle must:

(a) Be properly insured and registered prior to the test.

(b) Have properly functioning safety equipment, including but not limited to turn signals, lights and seat belts.

(7) An applicant may not have a child, parent, friend, other person or pet in the vehicle at the time of the test. A DMV employee or a representative of the testing business may accompany the applicant and examiner on a drive test for the purpose of overseeing the quality of the testing.

(8) An applicant may not take a drive test from an examiner who provided behind-the-wheel driver training to the applicant.

(9) An applicant may not take a drive test from a testing business when the applicant is a family member or friend of any owner, examiner, or representative of the testing business.

(10) An applicant must provide the testing business one piece of identification that contains the applicant’s name and photograph. Examples of such identification include a passport, student body card or work identification card.

(11) A testing business must provide a receipt to any applicant who takes the drive test.

(12) An applicant who successfully completed the drive test must go to a DMV field office within two years of the date of the test to apply for a driver license.

(13) DMV will accept an applicant’s test score but will be unable to issue a license if:

(a) The applicant has not met the requirements to be issued a license or provided DMV all required proof that the applicant is eligible to be issued a license.

(b) An applicant, who is 18 years of age or older, did not observe the waiting period following a failed drive test, described in OAR 735-062-0070. DMV will issue a license to the applicant once the necessary waiting period has been observed.

(c) The applicant’s right to apply for driving privileges was suspended or canceled at the time of the test. DMV will use the test scores to issue a driver license to the applicant when the person reinstates driving privileges as long as the test score remains valid.

(14) If DMV accepts a drive test score but is unable to issue a license to the applicant at that time, the test score remains valid for two years.

(15) DMV will reject a test score if:

(a) The applicant is not 16 years of age or older at the time of the test;

(b) At the time of the test, an applicant’s driving privileges are revoked and the applicant had not served the full period of revocation or, if the applicant received a habitual offender revocation, the amount of time required for the applicant to be eligible to apply for driving privileges had not elapsed; or

(c) An applicant under the age of 18 has not held an instruction permit for a minimum of six months at the time of the test.

(16) If DMV rejects a test score, the applicant must retest at a time and in a manner that results in an acceptable test score before DMV may issue a license.

(17) DMV may require a person who took a drive test administered by a testing business to retest with DMV if DMV has reason to believe that the person may not be qualified to hold a driver license or permit.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 802.600
Statutes/Other Implemented: ORS 802.600
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017

Or. Admin. R. 735-061-0430 Qualifications for a Class C Third Party Testing Business

(1) To qualify as a testing business, a provider must:

(a) Be a private provider of a traffic safety education course that is certified under ORS 336.800 and in accordance with OAR Chapter 737, Division 15, and have continuously provided the traffic safety education course for a minimum of two years immediately prior to executing an agreement with DMV; or be a private provider who is currently contracted to administer CDL skills tests in accordance with OAR Chapter 735, Division 60.

(b) Enter into a written agreement with DMV, in accordance with ORS 802.600 and abide by all terms and conditions of the agreement.

(c) Maintain a business office or facility within the State of Oregon where driver testing records are securely kept and are available for inspection or audit by DMV. To qualify as a business office or facility, the location must be staffed and open during posted business hours or have a business phone with an answering service, answering machine or voice mail service, with the ability to return all business related messages no later than the following business day.

(d) Safeguard an applicant’s personal information as defined in ORS 802.175, and not disclose an applicant’s personal information or test scores to any person unless authorized by DMV in writing prior to the disclosure.

(e) Be in compliance with all applicable federal, state and local laws or regulations, including all business and zoning requirements.

(f) Pass an inspection conducted by DMV prior to signing an agreement with DMV to administer drive tests. This inspection includes, but is not limited to, office and testing facilities, any vehicle that may be used for administering tests, security of applicant personal information and one or more drive test routes to be used by the third party testing business.

(g) Designate at least one testing business representative, who may be the owner or an employee of the Class C third party testing business. If more than one representative is designated, the responsibilities of each must be clearly described, in writing, to the satisfaction of DMV. A representative must have basic computer skills and complete administrative training as required and provided by DMV.

(h) Submit to DMV a schedule of all testing services offered and the fee charged for each of those services, if the testing business is compensated for testing services.

(i) Submit to DMV one or more proposed Class C drive test routes that meet the specifications provided by DMV. DMV must approve a test route before it can be used for testing.

(2) To qualify as a testing business a private provider, in addition to the qualifications listed in section (1) of this rule, must obtain and maintain during the term of the agreement a bond in the amount of $2,500. The bond requirements include all of the following:

(a) The bond must have a corporate surety licensed to do business within the state of Oregon.

(b) The surety shall notify DMV if the bond is canceled for any reason.

(d) The bond must be filed and held in the office of DMV.

(e) DMV shall have a right of action against any testing business to recover costs associated with retesting a person if DMV must retest the person tested by a testing business because DMV has reason to believe the person who obtained driving privileges was not qualified to hold driving privileges.

(3) A private provider is not qualified to be a Class C third party testing business if:

(a) An owner, representative or other person associated with the testing business has any authorization to administer third party tests issued by any jurisdiction that is currently suspended or has had any authorization revoked or otherwise withdrawn within the previous five years.

(b) An owner, representative or other person associated with the testing business has had a Third Party Tester Agreement, issued by any jurisdiction, involuntarily terminated within the five years immediately prior to the date the person submits a proposal in response to DMV’s procurement regarding Class C third party testing.

(c) Within 10 years prior to submission of a proposal in response to DMV’s procurement for third party testing services, an owner, proposed representative or associate of the private provider applying to be a testing business has had any third party testing authorization issued by any jurisdiction, including, a Third Party Tester Certificate or Third Party Examiner Certificate that was suspended, cancelled, or revoked or otherwise involuntarily terminated for conduct that would result in termination of an agreement in Oregon.

(d) Within five years prior to submission of a proposal in response to DMV’s procurement for third party testing services, an owner, proposed representative or associate of the private provider applying to be a testing business has had a Driver Testing Certificate, a Driver Training School Certificate, Driver Training Instructor Certificate or equivalent authority issued by any jurisdiction suspended, cancelled or revoked.

(e) An owner, proposed representative or associate of the private provider applying to be a testing business has been terminated from employment with a state driver licensing agency, any Third Party Tester or equivalent business, a Driver Training School or equivalent business, in any jurisdiction for:

(A) Fraud, falsification, or misrepresentation; or

(B) Any other reason if DMV determines from the facts and intervening circumstance of the termination that the person is not fit to perform the duties required of a testing business owner, representative or associate or poses a risk to the safety of persons while performing those duties.

(f) An owner, associate or proposed representative of the private provider applying to be a testing business, has engaged in conduct that is substantially related to the person’s fitness to administer drive tests on behalf of DMV and that demonstrates to DMV unfitness or inability to perform the duties of a Class C third party testing business.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 802.600
Statutes/Other Implemented: ORS 802.600
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017

Or. Admin. R. 735-061-0440 Administering the Drive Test

(1) The purpose of the drive test is for the third party examiner to:

(a) Evaluate the applicant’s ability to operate a vehicle in a safe and legal manner under actual driving conditions;

(b) Determine if the applicant demonstrates safe and legal driving methods and knowledge of traffic laws; and

(c) Evaluate the applicant’s ability to perform required maneuvers according to the examiner training provided by DMV and DMV’s scoring criteria.

(2) The drive test administered by a third party examiner must contain the same required and scored maneuvers as the test administered by DMV.

(3) The third party examiner must:

(a) Administer the test within the State of Oregon;

(b) Administer no more than 20 tests in one day;

(d) Administer the drive test in accordance with the standards adopted in OAR 735-062-0070 and the examiner training provided by DMV;

(e) Use the drive test score sheet (DMV Form 735-7171) provided by DMV; and

(f) Not administer the test if the third party examiner knows or should have known the proper wait time between an applicant’s previous test failure and current scheduled drive test has not been met, as set forth in OAR 735-062-0070.

(4) Prior to administering a drive test, the third party examiner must view the applicant’s photo identification and obtain a photocopy of the identification. The photo identification must include the applicant’s name. The copy is to be retained in the records maintained by the testing business.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 802.600
Statutes/Other Implemented: ORS 802.600
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 30-2020, temporary amend filed 10/23/2020, effective 10/23/2020 through 01/01/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017

Or. Admin. R. 735-061-0450 Eligibility Check and Results Entry

(1) Prior to administering the drive test, the third party examiner must use DMV’s website, in accordance with OAR 735-018-0020, to verify the drive test applicant meets all requirements set forth in OAR 735-061-0420.

(2) If the applicant does not meet qualifications for testing as set forth in OAR 735-061-0420, the third party examiner must refer the applicant to DMV and must not conduct the drive test.

(3) If the applicant meets qualifications for testing as set forth in OAR 735-061-0420, the third party examiner may administer the test.

(4) After completing the drive test, the third party examiner must:

(a) Provide the applicant with a receipt for the test;

(b) Enter the drive test results using electronic means determined by DMV within 24 hours of the completion of the test; and

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.012 & 802.600
Statutes/Other Implemented: ORS 802.012 & 802.600
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017

Or. Admin. R. 735-061-0460 Customer Feedback Process

(1) At the conclusion of the testing process, a third party examiner must give an applicant a Class C Third Party Testing Feedback form (DMV form 735-7414), regardless of whether the applicant passed or failed the drive test.

(2) The Class C Third Party Testing Feedback form is designed to give the applicant necessary information to provide DMV with feedback regarding the experience of testing with a testing business. The form provides contact information for the Class C Third Party Testing Program at DMV including a mailing address, a fax number and a method to submit the form to DMV electronically.

(3) DMV may contact an applicant to get additional information or investigate a complaint raised by an applicant.

(4) If DMV requires a testing business to respond to a particular applicant’s complaint, the testing business must do so within 10 calendar days.

(5) DMV may compile data from the Class C Third Party Testing Feedback forms to evaluate the effectiveness of the Class C Third Party Testing Program.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 802.600
Statutes/Other Implemented: ORS 802.600
DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017

Or. Admin. R. 735-061-0470 Code of Ethics and Rules of Conduct

(1) The standards of professional conduct for a testing business for any owner, officer, agent, director, manager, examiner or employee must be consistent with the standards of professional conduct expected of a person employed by DMV who administers Class C drive tests. Therefore, DMV requires the testing business and any person employed by or associated with the testing business to be professional and respectful in all dealings with applicants and other persons while ensuring the safety of Oregon roads.

(2) A testing business may not engage in or allow any owner, officer, agent, director, manager or employee to engage in any of the following:

(a) Assisting or allowing an applicant falsely:

(A) Receive a passing score on the drive test when the applicant either failed the test, did not take the test, did not take the complete test, or took a test that was not administered in accordance with the training provided by DMV; or

(B) Obtain driving privileges for which the applicant is ineligible or is not qualified to obtain.

(b) Discriminating against any applicant on the basis of race, religion, national origin, disability, age, sex or sexual orientation;

(d) Having sexual relations with or requesting sexual relations from an applicant. For purposes of this section, “sexual relations” means:

(A) Sexual intercourse; or

(B) Any touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either party.

(e) Using physical force or a threat of physical force against an applicant, unless such force or threat is necessary to avoid immediate danger to the safety of the applicant, the third party examiner, employees of the third party examiner or other individuals;

(f) Possessing any unlawful controlled substance, inhalant, intoxicating beverage, marijuana item or cannabis, or being visibly intoxicated while administering a drive test;

(g) Falsifying any document or making any misrepresentation in any document that relates to any testing activity; or

(h) Bribing a DMV employee by offering, conferring or agreeing to confer any pecuniary benefit upon a DMV employee when it is evident from the circumstances that the bribe is to influence the results of a DMV inspection or evaluation.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 802.600
Statutes/Other Implemented: ORS 802.600
DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017

Division 62 DRIVER LICENSING

Or. Admin. R. 735-062-0001 Purpose

(1) The purpose of these chapter 735, division 62, rules is to establish the various requirements for the issuance, replacement or renewal of a Class C non-commercial driver license, driver permit or identification card.

(2) A Real ID or non-Real ID Class C non-commercial driver license is the base privilege a person must possess to be issued a commercial learner driver permit or Real ID or non-Real ID commercial driver license. Rules in chapter 735, division 63 establish requirements and processes that are specific to the granting of commercial driving privileges. These division 62 rules apply to the base privileges portion of a Real ID or non-Real ID commercial driver license or commercial learner driver permit, except where specified in chapter 735, division 63.

(3) A Real ID is issued to an applicant who meets federal issuance standards established by the Real ID Act of 2005, P.L. 109-13 and the REAL ID Modernization Act, Pub L No 116-260, Division U, Title X, section 1001 (Dec. 27, 2020). These standards apply to proof of lawful status, identity, date of birth, SSN and residence address only. Except as otherwise specified in sections (4) and (5) of this rule or any rule within OAR chapter 735, division 62, all other rules in OAR 735, division 62, are applicable both to Real ID and non-Real ID driver licenses, permits and identification cards.

(4) The following rules in OAR 735, division 62, apply to Real ID only:

(a) OAR 735-062-0006;

(b) OAR 735-062-0008;

(d) OAR 735-062-0022;

(e) OAR 735-062-0023;

(f) OAR 735-062-0031; and

(g) OAR 735-062-0295.

(5) The following rules, unless otherwise specified in OAR 735, division 62, do not apply to Real ID issuances:

(a) OAR 735-062-0005;

(b) OAR 735-062-0007;

(d) OAR 735-062-0014;

(e) OAR 735-062-0030; and

(f) OAR 735-062-0120.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 807.455 & 6 CFR Part 37
DMV 11-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-062-0002 Definitions

As used in these OAR 735, division 62, rules the following definitions apply:

(1) “AAMVA” means the American Association of Motor Vehicle Administrators.

(2) “Biometric data” means measurements of the physical characteristics of person’s face that can be used to authenticate the identity of the person.

(3) “Caregiver” means an individual who has any level of responsibility for the safety and well-being of a minor.

(4) “CDLIS” means the Commercial Driver’s License Information System operated by AAMVA for the Federal Motor Carrier Safety Administration.

(5) “DMV” means the Oregon Department of Transportation, Driver and Motor Vehicle Services Division.

(6) “First-time Real ID” means the first time DMV issues an Oregon Real ID to an applicant and may be issued as an original, renewal or replacement driver license, driver permit or identification card, depending on the privilege that the applicant possesses.

(7) “Identification Card” means a document bearing personal data used to verify identity, issued by DMV under ORS 807.400 or by a state driver licensing agency in another jurisdiction.

(8) “Lawful status,” for the purpose of applying for a Real ID driver license, driver permit or identification card, has the meaning set forth in 6 CFR §37.3.

(9) “LexisNexis Database” means a database of personal information provided by the LexisNexis corporation that is used to verify the identification of an individual.

(10) “NDR” means National Driver Register, a division in the National Center for Statistics and Analysis under the National Highway Traffic Safety Administration.

(11) “PDPS” means the Problem Driver Pointer System, a database operated by NDR.

(12) “Proctor” means a caregiver of the applicant who is at least 21 years of age and whose identity (name, date of birth and address) has been verified through the LexisNexis database.

(13) “Real ID” has the meaning set forth in ORS 807.450, and is marked with the distinguishing feature of a star in the upper right corner.

(14) “S2S” means State to State Verification Services operated by AAMVA.

(15) “SAVE” means Systemic Alien Verification for Entitlements program, administered by the United States Citizenship and Immigration Services, a component of the Department of Homeland Security.

(16) “SPEXS” means the State Pointer Exchange Services, the platform that supports S2S and CDLIS.

(17) “SSA” means the Social Security Administration.

(18) “SSN” means Social Security number.

(19) “USPVS” means United States Passport Verification Services which allows licensing agencies to verify US Passport document data against the Department of Homeland Security’s backend systems and is operated by AAMVA.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.050, 807.450, 807.460 & 6 CFR §37.3
Statutes/Other Implemented: ORS 801.163, 802.200, 807.021, 807.024, 807.050 & 807.450
DMV 29-2026, amend filed 08/13/2026, effective 08/13/2026
DMV 1-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08

Or. Admin. R. 735-062-0005 SSN — Requirements for Collection and Verification of SSN or a Statement No SSN Assigned

(1) An applicant who has been assigned a SSN is required to provide the SSN assigned to the applicant by SSA to DMV when applying for a driver license, driver permit or identification card.

(2) An applicant applying for a non-Real ID non-commercial driver license or driver permit or identification card who has not been assigned a SSN must provide a written statement that says the person has not been assigned a SSN.

(3) When an applicant provides a SSN as required by section (1) of this rule, DMV will submit the SSN to the SSA for verification, unless the SSN was previously verified under this rule. An applicant’s SSN is verified when SSA notifies DMV that the applicant’s SSN, name and date of birth are confirmed by SSA’s records.

(4) Notwithstanding section (3) of this rule, a SSN is not considered verified if the SSA notifies DMV that the SSN provided is inactive, invalid, impossible, not verifiable for other reasons or if there is a system error.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.021 & 807.050
Statutes/Other Implemented: ORS 802.200, 807.021, 807.022 & 807.050
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 17-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 11-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 14-2014, f. & cert. ef. 12-1-14
DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 27-2008, f. 12-15-08, cert. ef. 1-1-09
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 2-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08
DMV 19-2003, f. 12-15-03 cert. ef. 1-1-04
DMV 11-1995, f. & cert. ef. 11-15-95
MV 6-1990, f. & cert. ef. 4-2-90

Or. Admin. R. 735-062-0006 Real ID Requirements for Collection and Verification of SSN or Proof of Ineligibility for a SSN

(1) When an applicant who is eligible for an SSN applies for any first-time, renewal, or replacement Real ID, the applicant must provide to DMV the SSN assigned to the applicant by the SSA.

(2) An applicant who applies for a first-time, renewal, or replacement non-commercial Real ID and claims to be ineligible for an SSN must provide proof that the applicant is not eligible for an SSN. An applicant may prove ineligibility for an SSN by presenting documents issued by the United States Department of Homeland Security or other federal agencies, which demonstrate that the applicant is not eligible to be assigned an SSN by the SSA. The applicant must also certify that the applicant is ineligible for an SSN.

(3) DMV will not accept proof of ineligibility for an SSN from any applicant for a Real ID who presents proof of being a citizen or lawful permanent resident of the United States or proof of being legally present with authorization for employment in the United States.

(4) When an applicant provides an SSN as required by section (1) of this rule for a first-time or renewal Real ID, DMV will submit the SSN to the SSA for verification. An applicant’s SSN is verified when SSA notifies DMV that the applicant’s SSN, name and date of birth matches SSA’s records.

(5) Notwithstanding section (4) of this rule, an SSN is not considered verified if the SSA notifies DMV that the SSN provided is inactive, invalid, impossible, not verifiable for other reasons or if there is a system error. DMV will not issue a Real ID to an applicant with an SSN that is not verified.

(6) An applicant for a replacement Real ID must provide their SSN or proof of ineligibility for SSN as required by sections (1) to (3) of this rule. If there has been any change to the applicant’s SSN, DMV will submit the SSN to the SSA for verification as described in section (4) of this rule.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.050, 807.455, 807.480, 6 CFR §37.11, 6 CFR §37.13, 6 CFR §37.23 & 6 CFR §37.25
Statutes/Other Implemented: ORS 802.200, 807.021, 807.022, 807.050, 807.455, 807.480 & PL 116-260 (2020)
DMV 11-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 24-2020, adopt filed 06/25/2020, effective 07/06/2020

Or. Admin. R. 735-062-0007 Driver Permits or Driver Licenses

(1) Before DMV will issue a driver permit or driver license, the applicant for the driver permit or driver license must:

(a) Satisfy all requirements set forth in ORS 807.040 and 807.060(2)(a) if under the age of 18. For purposes of ORS 807.060 and this subsection:

(A) “Mother” means the biological or adoptive mother of the applicant, whose parental rights have not been terminated;

(B) “Father” means the biological or adoptive father of the applicant, whose parental rights have not been terminated; and

(C) “Legal guardian” means an individual, or the authorized representative of an entity, private or public institution or agency appointed as guardian of the applicant by a court having jurisdiction.

(b) Satisfy all requirements set forth in ORS 807.065 and 807.066 to receive a driver license (provisional) if under 18 years of age;

(c) Provide a verifiable SSN or a statement that the applicant has not been assigned a SSN as provided in OAR 735-062-0005;(d) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016;

(d) Provide proof of the applicant's identity and date of birth as provided in OAR 735-062-0020;

(e) Provide proof of the applicant's residence address as provided in OAR 735-062-0030;

(f) Provide proof, as provided in OAR 735-016-0070, that the applicant is domiciled in or a resident of Oregon;

(g) Surrender all driver permits, driver licenses and identification cards in the applicant's possession issued outside of Oregon;

(h) Certify that the applicant does not have a vision condition or impairment that impacts the applicant's ability to drive safely, which has not been corrected by the use of glasses or contact lenses;

(i) Certify that the applicant does not have a mental or physical condition or impairment that affects the applicant's ability to drive safely; and

(j) Certify that the applicant does not have a problem condition with an intoxicant, as defined in Oregon Laws 2023, Chapter 498 that affects the applicant's ability to drive safely.

(2) Once an applicant has applied for a driver license or driver permit, DMV will make an inquiry to NDR/PDPS, SPEXS and S2S to determine if the applicant's driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction.

(3) DMV may require the applicant to provide a clearance letter in compliance with OAR 735-062-0160, indicating the applicant has valid driving privileges from any jurisdiction in which an inquiry to NDR/PDPS, SPEXS and S2S indicates the applicant's driving privilege is not fully valid.

(4) DMV will not issue driving privileges to an applicant until the applicant's driving privileges are reinstated in all jurisdictions, unless the only remaining reinstatement requirement in the other jurisdiction is proof of financial responsibility. Nothing in this section prohibits DMV from issuing a regular Class C driver license to an applicant whose commercial driving privileges are not valid as long as the applicant's regular Class C or equivalent driving privileges are valid.

(5) DMV will not issue a driver license or driver permit to an applicant with a current, valid Oregon identification card (ID card). To become eligible, the applicant must surrender the ID card before DMV may issue the Oregon driver license or driver permit. If the person's ID card is lost or destroyed, the person must make a statement that the card is lost or destroyed and that it will be returned to DMV if found.

(6) DMV will notify all jurisdictions in the United States identified as previously issuing a driver license, driver permit or identification card to the applicant when DMV issues an Oregon driver license or driver permit to the applicant.

(7) A driver license issued to an applicant with a February 29 birthdate expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On February 28 if the expiration year is not a leap year.

(8) After determining that an applicant has met all requirements under this rule, DMV will issue the driver license or driver permit and mail it to the address provided by the applicant at the time of the application.

(9) An Oregon non-commercial driver license or driver permit becomes invalid when the holder of the Oregon driver license or driver permit is issued a driver license, driver permit or identification card by a state driver licensing agency in another jurisdiction.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.040, 807.050, 807.060, 807.120 & 809.310
Statutes/Other Implemented: ORS 802.540, 807.021, 807.040, 807.060, 807.066, 807.130, 807.455 & 809.310
DMV 29-2026, amend filed 08/13/2026, effective 08/13/2026
DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 14-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 1-2023, amend filed 01/12/2023, effective 01/12/2023
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 17-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 7-2018, amend filed 06/26/2018, effective 07/01/2018
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 2-2016, f. & cert. ef. 4-29-16
DMV 14-2014, f. & cert. ef. 12-1-14
DMV 19-2013, f. 12-20-13, cert. ef. 1-1-14
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10
Renumbered from 735-062-0000, DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07
DMV 27-2005, f. 12-14-05 cert. ef. 1-1-06
DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05
DMV 3-2003, f. & cert. ef. 4-21-03
DMV 12-2000, f. & cert. ef. 9-21-00
MV 16-1992, f. & cert. ef. 12-16-92
MV 14-1992, f. & cert. ef. 10-16-92
MV 6-1990, f. & cert. ef. 4-2-90
MV 14-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0000

Or. Admin. R. 735-062-0008 Real ID Driver Licenses or Driver Permits

(1) Before DMV will issue a first-time Real ID driver license or driver permit, the applicant applying for the Real ID driver permit or driver license must:

(a) Satisfy all requirements set forth in ORS 807.040 and, if under the age of 18, 807.060(2)(a). For purposes of ORS 807.060 and this subsection:

(A) “Mother” means the biological or adoptive mother of the applicant, whose parental rights have not been terminated;

(B) “Father” means the biological or adoptive father of the applicant, whose parental rights have not been terminated; and

(b) Satisfy all requirements set forth in ORS 807.065 and 807.066 to receive a driver license (provisional) if under 18 years of age;

(d) Provide proof of identity, date of birth and lawful status as provided in OAR 735-062-0022;

(e) Provide proof of legal name as provided in OAR 735-062-0023;

(f) Provide proof of the applicant's identity and date of birth as provided in OAR 735-062-0020; and

(g) Provide proof of the applicant's residence address as provided in OAR 735-062-0031.

(h) Provide proof, as provided in OAR 735-016-0070, that the applicant is domiciled in or a resident of Oregon;

(i) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016;

(j) Certify that the applicant does not have a vision condition or impairment that impacts the applicant's ability to drive safely, which has not been corrected by the use of glasses or contact lenses;

(k) Certify that the applicant does not have a mental or physical condition or impairment that affects the applicant's ability to drive safely; and

(L) Certify that the applicant does not have a problem condition with an intoxicant, as defined in Oregon Laws 2023, Chapter 498 that affects the applicant's ability to drive safely.

(2) Before DMV will issue a replacement or renewal Real ID driver permit or driver license, the applicant applying must:

(a) Provide proof of identity and lawful status as provided in OAR 735-062-0022.

(b) If there has been any change to the applicant's name, the applicant must provide proof of the change as required by OAR 735-062-0023.

(c) If there has been any change to the applicant's date of birth, the applicant must provide proof of the change as required by OAR 735-062-0022.

(d) If there has been any change to the applicant's SSN, the applicant must provide the new SSN as required by OAR 735-062-0006.

(e) Certify that the applicant does not have a vision condition or impairment that impacts the applicant's ability to drive safely, which has not been corrected by the use of glasses or contact lenses;

(f) Certify that the applicant does not have a mental or physical condition or impairment that affects the applicant's ability to drive safely; and

(g) Certify that the applicant does not have a problem condition with an intoxicant, as defined in Oregon Laws 2023, Chapter 498 that affects the applicant's ability to drive safely.

(3) All Real ID driver licenses and driver permits issued by the department must contain the current full legal name of the person.

(4) DMV will not issue a Real ID driver license or driver permit to a person who holds a current, valid Real ID or non-Real ID driver license, driver permit or identification card issued by this state or any other state. To become eligible, the person must surrender the Real ID or non-Real ID driver license, driver permit or identification card before DMV may issue the Oregon Real ID driver license or driver permit. If the person's Real ID or non-Real ID driver license or driver permit is lost or destroyed, the person must make a statement that the card is lost or destroyed and that it will be returned to DMV if found.

(5) Upon receipt of an application for a Real ID driver license or driver permit, DMV will make an inquiry to NDR/PDPS, CDLIS and SPEXS/S2S to determine if the applicant's driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction.

(6) DMV may require the applicant to provide a clearance letter in compliance with OAR 735-062-0160, indicating the applicant has valid driving privileges from any jurisdiction in which an inquiry with NDR/PDPS, CDLIS and SPEXS/S2S indicates the applicant's driving privilege is not fully valid.

(7) DMV will not issue driving privileges to a person until the person's driving privilege is reinstated in all jurisdictions, unless the only remaining reinstatement requirement in the other jurisdiction is proof of financial responsibility. Nothing in this section prohibits DMV from issuing a regular Class C non-commercial Real ID driver license to a person whose CDL driving privileges are not valid as long as the applicant is eligible for a regular Class C non-commercial or equivalent driving privilege.

(8) DMV will not issue a Real ID permit to a person who is applying for a Commercial Learners Permit, Motorcycle Instruction Permit, Emergency Permit, or Special Student Permit.

(9) A Real ID driver license issued to a person with a February 29 birth date expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On February 28 if the expiration year is not a leap year.

(10) After determining that an applicant has met all requirements under this rule, DMV will issue the Real ID driver license or driver permit and mail it to the address provided by the applicant at the time of the application.

(11) DMV will issue to an applicant who has provided proof of lawful status in the United States on a temporary basis, as described in OAR 735-062-0022(6), a Real ID driver license expiring on the date the applicant is no longer authorized to stay in the United States, as indicated by the document the applicant presented as proof of lawful status, but no longer than eight years from the date of issuance, or if there is no definite end to the authorized stay, for a period of one year.

(12) DMV will issue an applicant who is a citizen of a country with a Compact of Free Association with the United States and who provides proof of lawful status as set forth in OAR 735-062-0022(5), a Real ID driver license with an expiration date as described in ORS 807.130(1) or (2).

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.040, 807.050, 807.060, 807.120, 807.455, 807.480, 6 CFR §37.11, 6 CFR §37.17, 6 CFR §37.21 & 6 CFR §37.29
Statutes/Other Implemented: ORS 807.021, 807.040, 807.060, 807.066, 807.130, 807.455, 807.480 & 49 USC 30301 note
DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 14-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 11-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 24-2020, adopt filed 06/25/2020, effective 07/06/2020

Or. Admin. R. 735-062-0010 Identification Cards

(1) Pursuant to ORS 807.400 and as provided in this rule, DMV will issue an identification card to a person who does not have a valid driver license or driver permit issued in Oregon or another jurisdiction.

(2) An applicant applying for an identification card must:

(a) Satisfy all identification card requirements set forth in ORS 807.400 and 807.410, except as described under section (9) of this rule;

(b) Provide a verifiable SSN assigned to the applicant or a written statement that the applicant has not been assigned a SSN as provided in OAR 735-062-0005;

(c) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016;

(d) Provide proof of the person’s identity and date of birth as provided in OAR 735-062-0020; and

(e) Provide proof of the person’s residence address as provided in OAR 735-016-0070 and 735-062-0030.

(3) Identification cards issued to persons for whom DMV has created an Oregon driving record will reflect the same number as that on the existing record.

(4) An applicant in possession of a driver license or identification card issued by another jurisdiction must surrender that driver license or identification card to DMV before an identification card will be issued. The person must provide a statement to DMV if the person’s license is lost, destroyed or the person no longer has the license in the applicant’s possession, and must agree that the license will be surrendered to DMV if found.

(5) Once an applicant has applied for an identification card, DMV will make an inquiry to SPEXS to determine if the applicant currently holds a driver license or identification card in another jurisdiction.

(7) An Oregon identification card becomes invalid when the holder of the Oregon identification card is issued a driver license, driver permit or identification card in another jurisdiction.

(8) All identification cards must include a photograph of the cardholder.

(9) DMV will waive the fee requirements set forth in ORS 807.410 for those persons applying for an identification card when:

(a) The person voluntarily surrenders an Oregon driver license or driver permit to DMV based upon the person’s recognition that the person is no longer competent to drive; or

(b) The person’s driving privileges are suspended under ORS 809.419(1) and the person voluntarily surrenders the person’s license or driver permit to DMV.

(10) An identification card issued to a person with a February 29 birthdate expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On February 28 if the expiration year is not a leap year.

(11) After determining that an applicant has met all requirements under this rule, DMV will issue the identification card and mail it to the address provided by the applicant at the time of application.

(12) DMV may renew an identification card as provided in OAR 735-062-0090 or may do so using a previous photograph only as provided 735-062-0125.

(13) DMV may replace an identification card as provided in OAR 735-062-0110 or may do so using a previous photograph only as provided 735-062-0125.

(14) Notwithstanding subsection (2)(c) of this rule, an applicant applying for a Quit Driving Identification Card as described in OAR 735-062-0135 is not required to submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.040, 807.050 & 807.400
Statutes/Other Implemented: ORS 807.021, 807.022, 807.130, 807.400, 807.455 & 809.310
DMV 1-2023, amend filed 01/12/2023, effective 01/12/2023
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 17-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 7-2018, amend filed 06/26/2018, effective 07/01/2018
DMV 14-2014, f. & cert. ef. 12-1-14
DMV 19-2013, f. 12-20-13, cert. ef. 1-1-14
DMV 12-2013, f. & cert. ef. 9-24-13
DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08
DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07
DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02
DMV 12-2000, f. & cert. ef. 9-21-00
MV 19-1990, f. 12-17-90, cert. ef. 1-1-91
MV 14-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0003

Or. Admin. R. 735-062-0011 Real ID Identification Cards

(1) Pursuant to ORS 807.400 and 6 CFR part 37 and as provided in this rule, DMV will issue a Real ID identification card to a person who does not have a valid Real ID or non-Real ID driver license or driver permit.

(2) Before DMV will issue a first-time Real ID identification card, the applicant must:

(a) Satisfy all identification card requirements set forth in ORS 807.400 and 807.410, except as described under section (9) of this rule;

(b) Provide the applicant’s SSN or proof of ineligibility of SSN as provided in OAR 735-062-0006;

(d) Provide proof of legal name as provided in OAR 735-062-0023;

(e) Provide proof of the applicant’s identity and date of birth as provided in OAR 735-062-0020;

(f) Provide proof of the applicant’s residence address as provided in OAR 735-062-0031; and

(g) Provide proof, as provided in OAR 735-016-0070, that the applicant is domiciled in or a resident of Oregon.

(h) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016.

(3) All Real ID identification cards issued by the department must contain the current full legal name of the person.

(4) DMV will not issue a Real ID identification card to an applicant who holds a current, valid Oregon Real ID or a Real ID issued by any other state. DMV will make an inquiry to SPEXS to determine if the applicant holds a Real ID. To become eligible, the applicant must surrender the Real ID before DMV may issue the Oregon Real ID identification card. If the applicant’s Real ID is lost or destroyed, the applicant must make a statement that the card is lost or destroyed and that it will be returned to DMV if found.

(5) Real ID identification cards issued to persons for whom DMV has created an Oregon driving record will reflect the same number as that on the existing record.

(6) Applicants for a first-time Real ID identification card must personally apply at a DMV office to receive an identification card.

(7) All Real ID identification cards must include a photograph of the cardholder.

(8) Before DMV will issue a replacement or renewal Real ID identification card, the applicant applying must:

(a) Provide proof of identity and lawful status as provided in OAR 735-062-0022.

(b) If there has been any change to the applicant’s name, the applicant must provide proof of the change as required by OAR 735-062-0023.

(c) If there has been any change to the applicant’s date of birth, the applicant must provide proof of the change as required by OAR 735-062-0022.

(d) If there has been any change to the applicant’s Social Security number, the applicant must provide the new SSN as required by OAR 735-062-0006.

(9) DMV will waive the fee requirements set forth in ORS 807.410 for those applicants applying for a Real ID identification card when:

(a) The applicant voluntarily surrenders an Oregon Real ID driver license or driver permit to DMV based upon the applicant’s recognition that the applicant is no longer competent to drive; or

(b) The applicant’s driving privileges are suspended under ORS 809.419(1) and the applicant voluntarily surrenders the applicant’s license or driver permit to DMV.

(10) A Real ID identification card issued to a person with a February 29 birth date expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On February 28 if the expiration year is not a leap year.

(11) After determining that an applicant has met all requirements under this rule, DMV will issue the Real ID identification card and mail it to the address provided by the applicant at the time of application.

(12) DMV will issue to an applicant who has provided proof of lawful status in the United States on a temporary basis, as described in OAR 735-062-0022(6), a Real ID identification card expiring on the date the applicant is no longer authorized to stay in the United States, as indicated by the document the applicant presented as proof of lawful status, but no longer than eight years from the date of issuance, or if there is no definite end to the authorized stay, for a period of one year.

(13) DMV will issue a Real ID identification card with an expiration date as described in ORS 807.400(8) to an applicant who is a citizen of a country with a Compact of Free Association with the United States and who provides proof of lawful presence as specified in OAR 735-062-0022(5).

(14) DMV may renew a Real ID identification card as provided in OAR 735-062-0090 or may do so using a previous photograph only as provided in OAR 735-062-0125.

(15) DMV may replace a Real ID identification card as provided in OAR 735-062-0110 or may do so using a previous photograph only as provided 735-062-0125.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.040, 807.050, 807.400, 807.455, 807.480, Or Laws 2018, ch. 60, sec. 3, Or Laws 2019, ch. 312 sec. 34, Or Laws 2019, ch 701, 6 CFR §37.11, 6 CFR §37.17, 6 CFR §37.21 & 6 CFR §37.29
Statutes/Other Implemented: ORS 807.021, 807.022, 807.130, 807.400, 807.455, 807.480, Or Laws 2018, ch. 60, sec. 3 & PL 116-260 (2020)
DMV 11-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 24-2020, adopt filed 06/25/2020, effective 07/06/2020

Or. Admin. R. 735-062-0012 Veteran Designation on a Driver License, Driver Permit or Identification Card

(1) A person who is a veteran, as defined in ORS 408.225, may request that DMV add a veteran designation to the person’s driver license, driver permit or identification card.

(2) DMV will accept the following as proof the person is a veteran:

(a) For discharge from military service in 1950 or after, a U.S. Defense Department Form 214, Certificate of Release or Discharge from Active Duty (DD 214), or a Correction to DD 214 Form (DD 215);

(b) For discharge from military service before 1950, a separation document or form issued by a branch or department of the US Armed Services; or

(3) A document presented under subsection (2)(a) or (2)(c) of this rule must indicate the veteran was released or discharged from active duty under honorable conditions, as defined in section (6) of this rule.

(4) The request for a veteran designation may be made when applying for an original, renewal or replacement driver license, driver permit or identification card. The veteran designation will remain on the person’s driver license, driver permit or identification card, except as specified in section (5) of this rule.

(5) A person may request a veteran designation be removed when renewing or replacing a driver license, driver permit or identification card.

(a) "Honorable"; or

(b) "General” also known as “General Under Honorable Conditions."

History

Statutory/Other Authority: ORS 184.619, 413.650, 802.010, 807.110, 807.160 & 807.400
Statutes/Other Implemented: ORS 413.650, 807.110, 807.160 & 807.400
DMV 16-2026, amend filed 06/11/2026, effective 06/11/2026
DMV 19-2010, f. 10-25-10, cert. ef. 1-1-11

Or. Admin. R. 735-062-0013 Physical Description on Driver License, Driver Permit or Identification Card

(1) An applicant for a driver license, driver permit or identification card must provide the applicant’s height, weight, sex, hair color and eye color to DMV when applying for a driver license, driver permit or identification card.

(2) DMV captures in its records an applicant’s height, weight, hair color, eye color and sex. Hair color is contained within DMV records but does not appear on the driver license, driver permit or identification card.

(3) As required by ORS 807.110(1)(b), for purposes of identification, a brief description of the person to whom the driver license, driver permit or identification card is issued will appear on the front of the card. Those descriptors are:

(a) Height shown in feet and inches;

(b) Weight shown in pounds; and

(4) Upon renewal or replacement, an applicant who wishes to change an identifier shown on the driver license, driver permit or identification card or contained in DMV records, must complete the application with the desired changes. An applicant must meet any other applicable requirement and pay any required fee for the renewal or replacement of a driver license, driver permit or identification card.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.110
Statutes/Other Implemented: ORS 802.200, 807.050, 807.110, 807.150, 807.160, 807.280 & 807.400
DMV 35-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 17-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 10-2017, f. 6-15-17, cert. ef. 7-1-17

Or. Admin. R. 735-062-0014 Proof of Legal Name

(1) An applicant must provide proof of the applicant’s current legal name.

(2) There must be sufficient connection between information shown on the identity document and the proof of the applicant’s current legal name for DMV to determine that the applicant is the person named in the identity document. Examples of connecting information include first name, middle name or middle initial, previous surnames used, date of birth, place of birth, social security number or mother’s maiden name.

(3) DMV may accept an identity document listed in OAR 735-062-0020 as proof of the applicant’s current legal name.

(4) If the applicant’s proof of legal name does not establish the applicant is the same person named in the document submitted as proof of identity or DMV records do not show the person’s current legal name, the applicant must provide documentary proof of a legal name change. Documentary proof of an applicant’s legal name change may include, but is not limited to: an official government-issued marriage document, a divorce decree, a certificate of registered domestic partnership, a judgment of dissolution or annulment of marriage or domestic partnership, an adoption decree, and a court decree, order or judgment legally changing the applicant’s name.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 802.260, 807.050, 807.110, 807.400 & 807.455
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 27-2008, f. 12-15-08, cert. ef. 1-1-09
DMV 23-2008(Temp), f. 9-11-08, cert. ef. 9-15-08 thru 3-13-09

Or. Admin. R. 735-062-0016 Requirements for Establishing Identity Under ORS 807.024 and Consequences of Applicant’s Failure to Establish Identity

(1) An applicant for an original, renewal or replacement driver license, driver permit or identification card must submit to the collection of biometric data, as provided in ORS 807.024, for the purpose of establishing identity, unless the applicant meets the requirements of OAR 735-062-0120 or 735-062-0125.

(2) To optimize the collection of biometric data DMV will take a digital photograph of the applicant which must:

(a) Be full-faced;

(b) Clearly show the iris and pupil of each eye; and

(c) Capture the applicant’s natural appearance in accordance with the requirements set forth in section (4) of this rule.

(3) Notwithstanding subsection (2)(b) of this rule, an applicant for an original, renewal or replacement driver license, driver permit or identification card may be photographed:

(a) With his or her eyes closed if the applicant provides documentation from a licensed physician, satisfactory to DMV, that indicates that the camera flash may cause a seizure or other serious medical condition. Except for subsection (4)(b) of this rule, the person must comply with all other requirements for the digital photograph.

(b) Wearing an eye patch or eye covering if the condition that caused the wearing of the eye patch or eye covering is a permanent medical condition. Except for subsection (4)(c) of this rule, the person must comply with all other requirements for the digital photograph.

(4) To comply with Section (2) of this rule, DMV will require the applicant to:

(a) Remove any eyeglasses;

(b) Remove any contact lens that significantly changes the appearance of the applicant’s eye;

(d) Remove any head covering, including a hat or cap, unless the head covering is for medical or religious reasons. A head covering worn for medical or religious reasons must not cover or distort the applicant’s face; and

(e) Remove makeup, face paint, jewelry, sticker or other temporary substance that covers or distorts all or part of the face so as to significantly alter the applicant’s natural appearance and which DMV determines is likely to affect the biometric measurements of the digital photograph.

(5) Except as provided in OAR 735-062-0120, 735-062-0125, if an applicant’s identity is not established by the biometric data submitted pursuant to subsection (1) of this rule, the applicant must provide documentation or other evidence sufficient to establish the applicant’s identity to the satisfaction of DMV. The documents or other evidence may include, but are not limited to, one or more of the following:

(a) Documents listed in OAR 735-062-0020 that provide proof of the applicant’s identity and date of birth to the satisfaction of DMV.

(b) The applicant’s SSN and proof and verification of the SSN as provided in OAR 735-062-0005.

(c) A letter from a treating physician that identifies the person and states a medical reason for the person’s change in appearance, if applicable.

(d) A document or letter from a law enforcement agency verifying identity; or

(e) A court document verifying identity.

(6) DMV may make a copy of any document presented by an applicant under section (5) of this rule if a copy may assist DMV in its determination of the identity of an applicant.

(7) Except as provided in OAR 735-062-0120 and 735-062-0125, DMV will not issue a driver license, driver permit or identification card, if the applicant’s identity is not established under this rule.

(8) Pursuant to ORS 809.310(1), 807.400(17), and OAR 735-070-0004, DMV will cancel a driver license, driver permit or identification card issued to an applicant who fails to establish his or her identity as required by this rule when applying for the license, permit or identification card.

(9) Pursuant to ORS 809.310(2), 807.400(17), and OAR 735-070-0004, DMV will cancel a driver license, driver permit or identification card issued to an applicant who fails to establish his or her identity as required by this rule when applying for the license, permit or identification card, and the failure to establish identity is the result of the applicant’s providing false information to DMV.

(10) If, based on the identification procedures required under section (1) or section (2) of this rule, DMV determines that an applicant has used different names to identify himself or herself in different applications submitted to DMV and the different names are not the result of the applicant’s having legally changed his or her name, DMV may take the actions authorized by ORS 809.135.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.021 & 807.024
Statutes/Other Implemented: ORS 807.021, 807.024, 807.400, 809.135, 809.310, 807.400 & 809.411
DMV 16-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 4-2015, f. & cert. ef. 6-19-15
DMV 9-2012, f. & cert. ef. 7-19-12
DMV 11-2011, f. & cert. ef. 11-23-11
DMV 6-2011, f. & cert. ef. 6-21-11
DMV 13-2010, f. & cert. ef. 7-30-10
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08

Or. Admin. R. 735-062-0020 Proof of Identity and Date of Birth Requirements

(1) A person who applies for an original, renewal or replacement driver permit, driver license, or identification card must provide valid documentary proof of the person’s identity and date of birth prior to the issuance of such driver permit, driver license, or identification card. Documents must be original or certified copies.

(2) Except as provided in section (3) of this rule, an applicant must present at least one document listed in Subsection (a) through (aa). The documents acceptable as proof of identity and date of birth include, but are not limited to:

(a) A birth certificate issued by a U.S. Territorial government, the District of Columbia or the government of a state or political subdivision of a state of the United States. DMV will not accept a hospital-issued birth certificate, hospital card or birth registration or baptismal certificate.

(b) A birth certificate issued by the Canadian Government.

(d) U.S. government-issued Certification of Report of Birth (DS-1350 or FS-545).

(e) Request for Verification of Birth (DD372).

(f) United States passport, not expired more than five years.

(g) United States passport card, not expired more than five years.

(h) U.S. Territory passport, not expired more than five years.

(i) Tribal ID card from a federally recognized tribe located in Oregon or a federally recognized tribe with an Oregon affiliation, if DMV determines:

(A) The procedures used in issuing the card are sufficient to prove a member’s identity and date of birth; and

(B) The card contains security features that are sufficient to prevent alteration or counterfeiting of the card.

(j) Foreign passport containing English or with English translation, not expired more than five years.

(k) Certificate of Citizenship (N560 and N561).

(L) Certificate of Naturalization (N550, N570 and N578).

(m) U.S. immigration or naturalization documents, not expired more than five years, including:

(A) U.S. Citizen Identification card (I-179 and I-197);

(B) Resident Alien card or Permanent Resident card (I-551);

(D) Re-entry Permit Form I-327;

(E) Refugee Travel Document Form I-571; or

(F) Employment Authorization Document (I-688A, I-688B and I-766).

(n) U.S. Military documents:

(A) Military or Armed Forces ID card;

(B) Military Common Access Card; or

(o) Out-of-state, District of Columbia, U.S. Territorial government or Canadian driver license, instruction permit or identification card, that contains the applicant’s photograph, not expired more than one year unless hole-punched or marked “Not Valid as ID.”

(p) Oregon driver license, instruction permit, or identification card, not expired more than thirteen years. For the purposes of this subsection, DMV will not accept a driver license or identification card that was issued without a photograph, or issued with a previous photograph as described in OAR 735-062-0125.

(q) Non-immigrant visa issued by the U.S. Department of State, not expired more than five years.

(r) Temporary immigrant visa (I-551) issued by the U.S. Department of State, not expired more than five years.

(s) U.S. Department of State driver license or Non-driver ID card not expired more than five years.

(t) Oregon Concealed Weapon Permit/Concealed Handgun License, not expired more than five years.

(u) Social Security Card or Individual Taxpayer Identification Number (ITIN) issuance letter from the Internal Revenue Service (IRS).

(v) A Consulate Identification card, not expired more than five years if:

(A) DMV determines the procedures used in issuing the card are reasonably equivalent to DMV standards for verification of a person’s date of birth and identity; and

(B) The card contains security features that are sufficient to prevent alteration or counterfeiting of the card.

(w) A letter verifying identity provided by an Oregon County Community Corrections agency if:

(A) DMV determines the procedures used in issuing the letter are reasonably equivalent to DMV standards for verification of a person’s age and identity; and

(B) The letter contains security features that are sufficient to prevent alteration or counterfeiting of the letter.

(x) A letter verifying identity provided by the U.S. Pretrial Services if:

(A) DMV determines the procedures used in issuing the letter are reasonably equivalent to DMV standards for verification of a person’s age and identity; and

(B) The letter contains security features that are sufficient to prevent alteration or counterfeiting of the letter.

(y) A letter verifying identity provided by the Oregon Youth Authority Agency if:

(A) DMV determines the procedures used in issuing the letter are reasonably equivalent to DMV standards for verification of a person’s date of birth and identity; and

(B) The letter contains security features that are sufficient to prevent alteration or counterfeiting of the letter.

(z) A letter verifying identity provided by a U.S. District Court Probation Office if:

(A) DMV determines the procedures used in issuing the letter are reasonably equivalent to DMV standards for verification of a person’s date of birth and identity; and

(B) The letter contains security features that are sufficient to prevent alteration or counterfeiting of the letter.

(aa) Oregon Department of Correction Release Identification card, issued after April 30, 2005.

(3) Applicants who are unable to present one of the proofs of identity and date of birth listed in section (2) of this rule may meet the identity and date of birth requirement by:

(a) Presenting one document listed in subsection (b) of this section if the applicant’s most recent photograph retained by DMV under ORS 807.115 is not more than thirteen years old; or

(b) Presenting at least two documents listed in this subsection:

(A) U.S. Military discharge papers.

(B) An Oregon student body card.

(D) An Oregon job Corps identification card.

(E) A W-2 or 1099 tax form for the current tax year.

(F) A Medicare card.

(G) A court document issued by a court in the U.S. that shows the applicant is a party to the judicial proceeding and which contains court signatures and seals. Acceptable documents are:

(i) Gender, name change, or both;

(ii) Adoption, guardianship, custody or child support;

(iii) Judgement of dissolution or annulment of marriage.

(H) A court document issued by a U.S. Bankruptcy court that shows the applicant is a party to a bankruptcy proceeding.

(I) U.S. Government issued marriage license, domestic partnership, or Certificate of Record of Marriage.

(J) Border Crossing cards (DSP-150, I-185, I-186 and I-586).

(K) A birth certificate, marriage license, driver license, military ID card, passport or voter card issued by a foreign government. A DMV employee may accept a foreign document that does not include English if the employee is able to understand the information in the document that relates to the person’s identity and is satisfied the document was validly issued.

(L) Social Security Card transmittal document (stub).

(M) A benefits letter issued by the Social Security Administration.

(N) Veteran’s Universal Access Identification Card.

(O) A letter issued by the Oregon Health Plan, if dated within the last year.

(P) Merchant Marine Identification card.

(Q) U.S. Tribal Identification card.

(R) Identification cards that contain a photograph of the applicant issued by a government within the U.S. or the U.S. government.

(4) A person who is renewing or replacing a driver license, driver permit or identification card issued pursuant to OAR 735-062-0125 must provide an original or certified copy of one of the following documents as proof of identity and date of birth:

(b) U.S. Consular Report of Birth Abroad (FS-240).

(d) Request for Verification of Birth (DD372).

(e) United States passport, not expired more than five years.

(f) United States passport card, not expired more than five years.

(g) U.S. Territory passport, not expired more than five years.

(h) Tribal ID card from a federally recognized tribe located in Oregon or a federally recognized tribe with an Oregon affiliation, if DMV determines:

(A) The procedures used in issuing the card are sufficient to prove that a member is a citizen or permanent resident of the United States; and

(B) The card contains security features that are sufficient to prevent alteration or counterfeiting of the card.

(i) Certificate of Citizenship (N560 and N561).

(j) Certificate of Naturalization (N550, N570 and N578).

(k) U.S. Citizen Identification Card (I-197 and I-179).

(L) Resident Alien card.

(m) Permanent Resident card (I-551).

(n) Permit to Re-Enter (I327).

(5) DMV will not accept a document as proof of identity and date of birth if DMV has reason to believe the document is not valid. DMV may request an applicant for a driver permit, driver license, or identification card to present additional documentary proof of identity and date of birth if the document presented does not establish the applicant’s identity or date of birth to the satisfaction of DMV.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.040, 807.050, 807.150 & 807.400
Statutes/Other Implemented: ORS 807.040, 807.050, 807.062, 807.150, 807.160, 807.220, 807.230 & 807.280
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 27-2008, f. 12-15-08, cert. ef. 1-1-09
DMV 23-2008(Temp), f. 9-11-08, cert. ef. 9-15-08 thru 3-13-09
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 2-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08
DMV 9-2006, f. & cert. ef. 8-25-06
DMV 8-2005, f. & cert. ef. 2-16-05
DMV 21-2004(Temp), f. & cert. ef. 10-1-04 thru 3-29-05
DMV 5-2004, f. & cert. ef. 3-25-04
DMV 34-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04
DMV 7-2001, f. & cert. ef. 3-7-01
DMV 12-1997, f. & cert. ef. 11-17-97
MV 6-1990, f. & cert. ef. 4-2-90
MV 14-1987, f. 9-21-87, cert. ef. 9-27-87
MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-031-0016

Or. Admin. R. 735-062-0022 Proof of Identity, Date of Birth and Lawful Status for Real ID

(1) An applicant for a Real ID, whether first-time, renewal or replacement, must provide valid documentary proof of identity, date of birth, and that the applicant has lawful status in the United States. The documents provided must be original or certified copies; photocopies are not acceptable.

(2) Notwithstanding section 1 of this rule, an applicant for a renewal or replacement of a previously issued Real ID will not need to provide the proof required in section (1) if the applicant’s DMV record shows DMV has previously issued a Real ID and shows that the applicant is a citizen, permanent legal resident of the United States or a citizen of the Federated States of Micronesia, the Marshall Islands or Palau.

(3) Documents acceptable as proof of identity, date of birth and U.S. citizenship include:

(b) U.S. Consular Report of Birth Abroad (FS-240).

(d) United States passport, unexpired.

(e) United States passport card, unexpired.

(f) U.S. Territory passport, unexpired.

(g) Certificate of Citizenship (N560 and N561).

(h) Certificate of Naturalization (N550, N570 and N578).

(4) Proof of identity, date of birth and lawful status for a permanent legal resident in the U.S is a valid, unexpired Permanent Resident card (I-551).

(5) Proof of identity, date of birth and lawful status in the United States for a citizen of a nation with a Compact of Free Association is an unexpired passport issued by the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI) or the Republic of Palau, accompanied by an Arrival/Departure Record (I-94 or CBP I-94A).

(6) An applicant who is lawfully present in the United States on a temporary basis may qualify for a limited term Real ID 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 CBP I-94A) or a valid I-797A Notice of Action issued by the United States Department of Homeland Security or Custom and Border Protection, documenting the applicant’s most recent admittance into the United States.

(b) Employment Authorization card (I-766), unexpired.

(7) DMV will not accept any document issued by the United States Immigration and Customs Enforcement Agency containing the statement:

(a) Under Docket Control;

(b) Under the Order of Supervision; or

(8) DMV will not accept as the proof required by sections (3)(d) to (f) of this rule a document that is not verified through USPVS.

(9) DMV will not accept as the proof required by sections (3)(g) to (h), (4), (5), (6) and (7) of this rule a document that is not verified through the SAVE system.

(10) DMV will not accept any document as proof of identity, date of birth and lawful status in the United States that is:

(a) Stamped cancelled;

(b) Hole-punched;

(d) Altered; or

(e) Amended, unless the amendments were completed by the issuing authority.

(10) DMV will not issue a temporary driver permit as described in OAR 735-062-0032 to an applicant applying for a Real ID.

(11) DMV will not issue a temporary identification card as described in OAR 735-062-0033 to an applicant applying for a Real ID.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.022, 807.455, 807.480, 6 CFR §37.3 & 6 CFR §37.11
Statutes/Other Implemented: ORS 807.021, 807.022, 807.455 & 807.480
DMV 24-2020, adopt filed 06/25/2020, effective 07/06/2020

Or. Admin. R. 735-062-0023 Proof of Legal Name, Real ID

(1) If a first-time Real ID applicant’s legal name is different from the name in the document submitted to prove identity and lawful status pursuant to OAR 735-062-0022, the applicant must provide proof of the current legal name sufficient to establish that the applicant is the same person named in the document submitted as proof of identity and lawful status.

(2) There must be sufficient connection between information shown on the identity and lawful status document and the proof of the applicant’s current legal name for DMV to determine that the applicant is the person named in the identity and lawful status document. Examples of connecting information include first name, middle name or middle initial, previous surnames used, date of birth, place of birth, social security number or mother’s maiden name.

(3) DMV may accept an identity document listed in OAR 735-062-0020 as proof of the applicant’s current legal name.

(4) DMV may use the applicant’s DMV record to help establish a connection between the identity document and the document used to establish identity and lawful status.

(5) If the applicant’s proof of legal name does not establish the applicant is the same person named in the document submitted as proof of identity and lawful status, or the applicant’s identity document or DMV record do not show the person’s current legal name, the applicant must provide documentary proof of a legal name change. Documentary proof of an applicant’s legal name change may include, but is not limited to:

(a) An official government-issued marriage document;

(b) A divorce decree;

(d) A judgment of dissolution or annulment of marriage or domestic partnership;

(e) An adoption decree;

(f) A court decree; or

(g) An order or judgment legally changing the applicant’s name.

(6) An applicant for a renewal or replacement Real ID must provide proof of legal name if the applicant’s name has changed since the last issuance of a Real ID. Proof of legal name must be established in accordance with sections (3), (4) and (5) of this rule.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.455
Statutes/Other Implemented: ORS 807.455, 6 CFR §37.13
DMV 24-2020, adopt filed 06/25/2020, effective 07/06/2020

Or. Admin. R. 735-062-0030 Proof of Residence Address

(1) DMV requires all applicants for an original driver permit, driver license, or identification card to present proof of the applicant’s current residence address. Current residence address is the address where the applicant actually lives. DMV will include this address on the driver permit, driver license, or identification card. Acceptable proof includes any of the items listed in section (3) of this rule.

(2) DMV requires all applicants who apply for a renewal driver permit, driver license, or identification card to present proof of the applicant’s current residence address if the applicant’s address has changed since the last time the driver permit, driver license or identification card was issued or renewed. Acceptable proof includes any of the items listed in section (3) of this rule.

(3) Proof of residence address must contain the applicant’s first name, last name, and residence address at the time of application and includes any of the following:

(a) Any proof of identity and date of birth document listed in OAR 735-062-0020.

(b) Mortgage documents or a rental or lease agreement. A photocopy of a rental or lease agreement or mortgage documents is acceptable. A lease agreement must be signed by the lessor and lessee, and electronic signatures are acceptable.

(c) Monthly rental receipt or letter from a hotel, motel, campground or recreational vehicle park that permits extended stays.

(d) A verbal statement from any person residing at the same residence address as provided by the applicant on the application. The person making the verbal statement must accompany the applicant at the time of application and present one acceptable proof of address document as set forth in this rule.

(e) Utility hook-up order or account statement issued by the service provider, dated within the past six months. "Utility” means a service provided to a specific physical address. "Utility” does not include cell phone, streaming, or other service not tied to a physical address.

(f) A loan agreement, payment booklet, voucher, statement or other financial record.

(g) Any document delivered to the current resident address by the United States Postal Service, FedEx, United Parcel Service, or other delivery service. DMV will accept a document with or without the envelope or packaging as long as the residence address is printed on the document.

(h) Any document issued by an insurance company or insurance agent. If the document lists a state in the policy, the state must match the individual’s state of residence address.

(i) Oregon manufactured structure ownership documents.

(j) Oregon voter notification card dated within the past five years.

(k) Selective Service card dated within the past five years.

(l) Medical records, a health benefits card or a current Medical Examiner’s Certificate. Medical records must be dated within the past 12 months.

(m) Educational institution transcript forms or other school documents showing enrollment for the current school year.

(n) An unexpired professional license issued by an agency in the United States.

(o) Form DS2019, Certificate of Eligibility for Exchange Visitor (J-1) Status.

(p) A W-2, 1099, or an income tax return from the previous tax year.

(q) A paystub or paycheck dated within the past 12 months.

(r) A letter approved by DMV. The letter must certify the applicant’s residence address and be from one of the following organizations:

(A) The United States Postal Service;

(B) The Oregon State Hospital;

(D) A homeless shelter;

(E) A transitional service provider;

(F) A nursing home;

(G) An assisted living care facility;

(H) An adult care service provider;

(I) A skilled nursing care facility;

(J) A halfway house; or

(K) A group home.

(s) A letter from a corporation or business that provides corporate housing to employees.

(t) Request for Police or Public Agency Address on DMV Records, Form 735-6438A, if the applicant is authorized under ORS 802.250 to use an agency address in lieu of residence address.

(u) Portland Police Bureau Central Precinct Neighborhood Response Team ID Form.

(v) A Determination of Homelessness, Form 735-7183.

(4) If the applicant does not have a residence address, DMV may accept a descriptive address with a mailing address. DMV may require the applicant to provide proof that no residence address has been assigned to the property. Such proof may include, but is not limited to, a statement from the United States Postal Service or from the Assessor’s Office in the county where the property is located.

(5) An applicant who is homeless may use a descriptive address of the location where the applicant actually resides, e.g., “under the west end of Burnside Bridge.” The applicant must prove that the applicant is a resident or domiciled in Oregon pursuant to OAR 735-016-0040. In addition to the descriptive address, the applicant must also provide a mailing address.

(6) An applicant who travels continuously may use a residence address of “continuous traveler.” The applicant must prove that the applicant is a resident or domiciled in Oregon pursuant to OAR 735-016-0040. In addition to the use of “continuous traveler,” the applicant must also provide a mailing address.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.050, 807.150 & 807.400
Statutes/Other Implemented: ORS 807.110, 807.160 & 807.400
DMV 30-2026, amend filed 08/13/2026, effective 08/13/2026
DMV 12-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 2-2020, amend filed 01/28/2020, effective 01/28/2020
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 14-2014, f. & cert. ef. 12-1-14
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 5-2008, f. & cert. ef. 2-4-08
DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08
DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07
DMV 9-2006, f. & cert. ef. 8-25-06
DMV 23-2005, f. & cert. ef. 11-18-05
DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05
DMV 8-2005, f. & cert. ef. 2-16-05
DMV 21-2004(Temp), f. & cert. ef. 10-1-04 thru 3-29-05
DMV 5-2004, f. & cert. ef. 3-25-04
DMV 34-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04
DMV 12-1997, f. & cert. ef. 11-17-97
DMV 2-1995, f. & cert. ef. 2-10-95
MV 14-1987, f. 9-21-87, cert. ef. 9-27-87
MV 3-1986, f. & cert. ef. 1-30-86, Renumbered from 735-031-0017

Or. Admin. R. 735-062-0031 Proof of Residence Address For Real ID

(1) DMV requires all applicants for a first-time Real ID to present proof to establish the applicant’s current residence address. Current residence address is the address where the applicant actually lives. DMV will include this address on the Real ID driver license, driver permit, or identification card. Acceptable proof to establish current residence address includes any two items listed in section (2) of this rule, which must be presented in hardcopy format. Proof may be of the same type, but may not be issued from the same institution.

(2) Proof of residence address must contain the applicant’s first name, last name, and residence address at the time of application and includes any of the following:

(a) Any proof of lawful status, identity and date of birth document listed in OAR 735-062-0022 or 735-062-0020.

(b) Mortgage documents or a rental or lease agreement. Photocopies of rental or lease agreements and mortgage documents are acceptable. Lease agreements must be signed by lessor and lessee, and electronic signatures are acceptable.

(c) Monthly rental receipt or letter from a hotel, motel, campground or recreational vehicle park that permits extended stays.

(d) DMV Form 735-7480, Affidavit of Shared Residence. The person certifying the applicant’s address must accompany the applicant at the time of application and present one acceptable proof of address document as set forth in this rule.

(e) Utility hook-up order or account statement issued by the service provider, dated within the past six months. “Utility” means a service provided to a specific physical address. “Utility” does not include cell phone, streaming, or other service not tied to a physical address.

(f) A loan agreement, payment booklet, voucher, statement or other financial record.

(h) Any document issued by an insurance company or insurance agent. If the document lists a state in the policy, the state must match the individual’s state of residence address.

(i) Oregon manufactured structure ownership documents.

(j) Oregon voter notification card dated within the past five years.

(k) Selective Service card dated within the past five years.

(l) Medical records, a health benefits card or a current Medical Examiner’s Certificate. Medical records must be dated within the past 12 months.

(m) Educational institution transcript forms or other school documents showing enrollment for the current school year.

(n) An unexpired professional license issued by an agency in the United States.

(o) Form DS2019, Certificate of Eligibility for Exchange Visitor (J-1) Status.

(p) A W-2, 1099 or income tax return from the previous tax year.

(q) A paystub or paycheck dated within the past 12 months.

(r) A letter approved by DMV. The letter must certify the applicant’s residence address and be from one of the following organizations:

(A) The United States Postal Service;

(B) The Oregon State Hospital;

(D) A homeless shelter;

(E) A transitional service provider;

(F) A nursing home;

(G) An assisted living care facility;

(H) An adult care service provider;

(I) A skilled nursing care facility;

(J) A halfway house; or

(K) A group home.

(s) A letter from a corporation or business that provides corporate housing to employees.

(t) Request for Police or Public Agency Address on DMV Records, Form 735-6438A, if the applicant is authorized under ORS 802.250 to use an agency address in lieu of residence address.

(u) Portland Police Bureau Central Precinct Neighborhood Response Team ID Form.

(v) A Determination of Homelessness, Form 735-7183.

(3) If the applicant does not have a residence address, DMV may accept a descriptive address with a mailing address. DMV may require the applicant to provide proof that no residence address has been assigned to the property. Such proof may include, but is not limited to, a statement from the United States Postal Service or from the Assessor’s Office in the county where the property is located.

(4) An applicant who is homeless may use a descriptive address of the location where the applicant actually resides, e.g., “under the west end of Burnside Bridge.” The applicant must prove that the applicant is a resident or domiciled in Oregon pursuant to OAR 735-016-0040. In addition to the descriptive address, the applicant must also provide a mailing address.

(5) Notwithstanding OAR 735-062-0030, an applicant may not use a residence address of “continuous traveler” or “temporary residence” for a first-time, renewal or replacement Real ID driver license, permit, or identification card.

(6) An applicant applying for a renewal Real ID must provide proof of residence address as provided in OAR 735-062-0030.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.050, 807.400, 807.455 & 6 CFR §37.11
Statutes/Other Implemented: ORS 802.250, 807.110, 807.400 & 807.455
DMV 30-2026, amend filed 08/13/2026, effective 08/13/2026
DMV 12-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 24-2020, adopt filed 06/25/2020, effective 07/06/2020

Or. Admin. R. 735-062-0035 Proof of School Attendance, Completion or Exemption

(1) DMV may not issue a driving privilege to an applicant under 18 years of age unless the applicant provides proof of graduation from high school, a certificate for passing an approved high school equivalency test, such as the General Education Development (GED) test, or a certification from a parent or legal guardian that the applicant is attending school or is exempt from school attendance requirements.

(2) The following are proof of high school graduation:

(a) The applicant’s high school diploma, modified diploma, or a copy thereof;

(b) A certified copy of the applicant’s high school transcript showing that the applicant has graduated; or

(c) A letter on school letterhead and signed by the principal or the principal’s designee stating the applicant has graduated from high school.

(3) An applicant under 18 years of age who is married or is emancipated may certify meeting school attendance requirements without needing the signature of a parent or legal guardian.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.066
Statutes/Other Implemented: ORS 807.066
DMV 3-2022, amend filed 03/10/2022, effective 03/10/2022
DMV 17-2017, amend filed 10/23/2017, effective 01/01/2018
DMV 10-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 26-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 13-2000, f. & cert. ef. 10-13-00
DMV 6-2000(Temp), f. 8-10-00, cert. ef. 9-1-00 thru 2-27-01

Or. Admin. R. 735-062-0040 Knowledge Test

(1) Applicants for an original driver license, driver permit or endorsement must pass the knowledge test(s) required under ORS 807.070(2).

(2) The knowledge test(s) will be specific to the class of license or endorsement sought. The test(s) will examine the applicant’s knowledge and understanding of traffic laws, safe driving practices and factors that cause accidents.

(3) All knowledge tests are closed book. During a test an applicant is not allowed to use any study guides, manuals, notes, electronic devices or any other items to assist the applicant in obtaining answers to the test questions. During a test an applicant may not obtain an answer to any test question from another person.

(4) The applicant must take the knowledge test at DMV’s website or in a DMV office. The first knowledge test for a driver license, driver permit or endorsement may be conducted the day the applicant is not ineligible for driving privileges, including meeting the minimum age requirement for the driving privileges for which the applicant is applying.

(5) Applicants may take a knowledge test at DMV’s website if the applicant has failed three or fewer online knowledge tests taken on DMV’s website, in accordance with section (6) and either of the following:

(a) The applicant is under 18 years of age and is applying for a Class C non-commercial driver license; or

(b) The applicant is applying for a motorcycle endorsement.

(6) If the applicant fails the Class C non-commercial or motorcycle knowledge test, additional knowledge tests may be conducted at DMV’s website or in a DMV office, unless the applicant has failed four knowledge tests at DMV’s website. Once an applicant fails four knowledge tests using DMV’s website, the applicant must take all subsequent knowledge tests in a DMV office. The knowledge tests conducted at DMV’s website do not have to be conducted consecutively to count toward the total of four failed online knowledge tests.

(7) If the applicant fails the knowledge test, the applicant may take additional knowledge tests immediately after the failed attempt, subject to DMV office, DMV website, or DMV knowledge testing machine availability.

(8) If the applicant is under 18 years of age and takes a knowledge test at DMV’s website, a proctor must monitor the applicant during the test.

(9) A proctor monitoring the applicant under section (8) of this rule:

(a) May not charge a fee for monitoring the applicant during the knowledge test and is limited to proctoring five different applicants within a twelve-month period.

(b) Is not required to possess a valid driver license or identification card.

(10) An applicant is cheating on a knowledge test if a DMV employee, during the test or when reviewing video from a surveillance camera, observes behaviors such as, but not limited to, the following:

(a) The applicant clearly using notes, a study guide, a copy of the test, or any other kind of written material that may provide the answer to a test question.

(b) The applicant clearly using an electronic device with the capability for sound, email, text messages, web access including, but not limited to, a cellular phone, personal digital assistant or wireless handheld device.

(c) The applicant clearly obtaining answers to test questions from another person, either verbally or through the use of any type of physical gesture or signal.

(11) DMV will determine that the applicant is cheating if a DMV office manager, office team leader, or designee confirms the observation of the DMV employee as described in section (10) of this rule.

(12) If DMV determines an applicant is cheating, DMV will:

(a) Stop the test if the applicant is still completing the test; or

(b) Cancel any driver license, driver permit or endorsement that was issued based on a passing test score, if the applicant was issued a driving privilege based on test score achieved through cheating.

(13) Except as otherwise provided in this section, if DMV determines an applicant cheated, the applicant must wait 90 days before the applicant may take a subsequent knowledge test. DMV will provide the applicant written notice of the 90-day waiting period either by handing the applicant notice on the day of the test or by mail if the applicant left the office without such notice. DMV may waive the 90-day waiting period required under this section if the person provides proof the waiting period creates an extreme hardship. The person must provide evidence of the hardship such as, but not limited to:

(a) A statement from an employer that the person’s inability to obtain driving privileges or an endorsement will result in the loss of a job or of a job opportunity because the job requires driving a motor vehicle; or

(b) A statement from a physician that the person or a member of the person’s immediate family is in need of regular medical treatment and that there is no alternative transportation.

(14) When DMV determines an applicant cheated on a knowledge test as described in section (11) of this rule, the applicant may request an administrative review. The following apply to an administrative review request:

(a) DMV will notify the applicant of the right to request an administrative review at the time the test is stopped.

(b) The applicant must request an administrative review within 60 days from the date of notice. The 90-day waiting period will remain in effect and will not be rescinded or stayed by DMV pending the outcome of the administrative review.

(A) The person’s full name;

(B) The person’s complete mailing address;

(D) A brief statement of the facts and any evidence the person wants to present showing they should not be subject to the 90-day waiting period or proof of extreme hardship if the person is requesting a waiver of the 90-day period as described in section (13) of this rule.

(d) A request for an administrative review should also include the person’s date of birth.

(e) To be received by DMV, the request for an administrative review must be:

(A) Personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR;

(B) Delivered by mail to DMV Headquarters, 1905 Lana Avenue NE, Salem OR 97314; or

(15) DMV will stop the online knowledge test when an applicant who is taking the knowledge test at DMV’s website clicks away from the DMV’s testing webpage. When DMV stops the test it will count as a test failure and not test cheating.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 802.540 & 807.070
Statutes/Other Implemented: ORS 807.070, 807.530 & 809.310
DMV 1-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 27-2018, minor correction filed 08/16/2018, effective 08/16/2018
DMV 8-2017, f. & cert. ef. 4-26-17
DMV 14-2014, f. & cert. ef. 12-1-14
DMV 3-2009, f. & cert. ef. 2-20-09
DMV 6-2007, f. 5-24-07, cert. ef. 9-1-07
DMV 3-2002, f. & cert. ef. 3-14-02
MV 7-1991, f. & cert. ef. 7-16-91
MV 16-1989, f. 8-25-89, cert. ef. 4-2-90
MV 8-1988, f. & cert. ef. 3-2-88
MV 14-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0023

Or. Admin. R. 735-062-0050 Eyesight Check Content and Standards

(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will check the following items when testing the eyesight of an applicant for a driver permit or driver license:

(a) Acuity; and

(b) Field of vision.

(2) To qualify for driving privileges, a person must meet the following eyesight standards:

(a) Acuity: The person must have a visual acuity level of 20/70 or better when looking through both eyes (or one eye if the person has usable vision in only one eye). A person with usable vision in both eyes will meet the standard if the visual acuity level in one eye is worse than 20/70 so long as the visual acuity level in the other eye is 20/70 or better;

(b) Field of vision: The person must have a field of vision of at least 110 degrees; and

(c) Daylight driving only: DMV will restrict the person's driving privileges to daylight driving only, if the person's best eye is worse than 20/40 and no worse than 20/70, unless in the written opinion of a licensed vision specialist (ophthalmologist or optometrist), the person's driving should not be restricted. DMV will not restrict a person whose vision is 20/40 or better to daylight driving only unless in the written opinion of a licensed vision specialist, such restriction is warranted.

(3) DMV may issue a driver permit or driver license only to a person who meets the standards in Section (2) of this rule except as described in sections (4) and (5) of this rule.

(4) A person may meet the eyesight standards with the use of a corrective lens or lenses. When a person must use a corrective lens or corrective lenses to meet the eyesight standards, DMV will restrict the person to driving only when wearing corrective lenses.

(5) DMV may authorize a person to use a bioptic telescopic lens on a corrective lens, as defined in OAR 735-062-0310(1), if when looking through the carrier lens and not the telescopic device, the person meets the eyesight standards set forth in section (2) of this rule.

(6) A person who has a limited vision condition as described in Section 3, Chapter 277, Oregon Laws 2003, may be eligible for restricted driving privileges as set forth in OAR 735-062-0300 through 735-062-0390.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.020 & 807.070
Statutes/Other Implemented: ORS 807.070
DMV 20-2008, f. & cert. ef. 8-26-08
DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04
DMV 7-1996, f. & cert.e f. 8-15-96
MV 1-1993, f. & cert. ef. 2-16-93
MV 11-1989, f. & cert. ef. 3-6-89
MV 5-1988, f. 2-16-88, cert. ef. 2-17-88, Renumbered from 735-031-0031
MV 38-1987(Temp), f. & cert. ef. 12-7-87
MV 15-1987, f. 9-21-87, cert. ef. 9-27-87

Or. Admin. R. 735-062-0060 Periodic Check of Driver’s Eyesight

(1) All licensed drivers 65 years of age and older must renew their driver license in person at a DMV office and either:

(a) Have their eyesight tested by DMV; or

(b) Submit a Certificate of Vision form (DMV Form 735-24), that shows their eyesight meets the eyesight test standard indicated in OAR 735-062-0050, as tested by a licensed vision specialist (ophthalmologist or optometrist) within the previous six months. The form must be completed by a licensed ophthalmologist or optometrist and be submitted to DMV along with the driver license renewal application.

(2) For purposes of this rule, a driver's age is the age the person will be on the date of the expiration of the license to be renewed or the person’s age at the time of application for renewal, whichever is older.

(3) The eyesight test must include those items listed in OAR 735-062-0050.

(4) If a person's eyesight meets the eyesight test standard indicated in OAR 735-062-0050, and if the driver complies with all other driver license renewal requirements, DMV will renew the person's license. If the visual acuity of the person's best eye is worse than 20/40 and no worse than 20/70, DMV will restrict the person to daylight driving only, unless, in the written opinion of a licensed vision specialist (ophthalmologist or optometrist), the person's driving should not be restricted to daylight driving only. To obtain unrestricted driving privileges, the person must submit a completed Certificate of Vision form (DMV Form 735-24), that indicates it is the opinion of the vision specialist that the person's driving should not be restricted to daylight driving only.

(5) When DMV's vision screening test shows a person's visual acuity level in the best eye is worse than 20/40 and no worse than 20/70, DMV will issue upon request, a Temporary Driver Permit, to allow a person to obtain the written opinion of a licensed vision specialist as provided in section (4) of this rule. DMV will issue the Temporary Driver Permit as follows:

(a) If the person's current driver license is due to expire within 30 days, DMV will issue a Temporary Driver Permit that is valid beginning on the date of expiration of the person's driver license;

(b) If the person's driver license is already expired and has been expired for less than two years, DMV will issue a Temporary Driver Permit that is valid beginning on the date it is issued;

(d) The Temporary Driver Permit is valid for 30 days and may be extended for an additional 30 days for sufficient cause.

(6) Drivers who are temporarily out-of-state and unable to go to a DMV office to have their eyesight tested when required to do so may get their eyesight checked in the state where they are located. Upon request, a vision examination form, Certificate of Vision, DMV Form 735-24, will be provided to the person by DMV. The form must be completed by a licensed ophthalmologist or optometrist and be submitted to DMV along with the driver license renewal application.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.070, 807.120 & 807.150
Statutes/Other Implemented: ORS 807.120, 807.150 & 807.310
DMV 13-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 19-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 6-2021, temporary amend filed 03/11/2021, effective 03/11/2021 through 09/06/2021
DMV 7-2010, f. & cert. ef. 3-17-10
DMV 6-2003, f. 5-14-03, cert. ef. 6-1-03
DMV 2-2003(Temp), f. & cert. ef. 3-20-03 thru 9-15-03
DMV 12-2000, f. & cert. ef. 9-21-00
MV 15-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0047
MV 13-1985, f. 10-8-85, ef. 1-1-86

Or. Admin. R. 735-062-0070 Drive Test

(1) A DMV drive test examiner or a third party drive test examiner certified by DMV will conduct the actual demonstration of an applicant’s ability to drive a motor vehicle (the drive test) required under ORS 807.070(3). The test(s) must be conducted in a vehicle that can be driven only with the license class for which the application is made. For example, the drive test examiner will test a person applying for a Class C non-commercial driver license in a vehicle that can be driven only by a person with a Class C non-commercial driver license.

(2) prior to conducting a drive test, a drive test examiner will ask the applicant for proof of compliance with financial responsibility requirements as described in OAR 735-050-0120 or proof of a uniform financial responsibility certificate as described in OAR 735-050-0050.

(3) Prior to conducting a drive test, the drive test examiner will determine if the vehicle being used for the drive test has required equipment (for example, lights, rearview mirrors, seat belts) that is in working order and may be operated in a safe condition. The examiner may refuse to conduct a drive test in a vehicle that is determined to present health or safety risks for the examiner.

(4) The drive test examiner will conduct the drive test on public streets and highways.

(5) The drive test may include checks of the applicant’s ability to safely and skillfully do the following:

(a) Operate vehicle equipment and controls;

(b) Start the vehicle;

(d) Turn and steer the vehicle;

(e) Change lanes;

(f) Merge with other traffic;

(g) Signal;

(h) Use lanes properly and maintain lane position;

(i) Control speed and obey speed limits;

(j) Back the vehicle;

(k) Observe signs, signals, other traffic and pedestrians;

(L) Use courtesy on the road and defensive driving techniques; and

(m) Demonstrate general driving ability and vehicle control.

(6) The first drive test may be conducted the day an applicant, who is otherwise eligible, satisfactorily completes the knowledge test and vision screening, or presents a valid instruction permit.

(7) If an applicant fails a drive test, DMV or a third party testing business may administer a drive test no sooner than the following business day.

(8) Any required fee for a test must be paid prior to taking the test. DMV will not refund a test fee if the applicant fails the test.

(9) Test scores are valid for two years from the date the test is passed. After two years the applicant must retake and pass the applicable tests to be issued the license, permit or endorsement.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 802.540, 807.070 & 807.080
Statutes/Other Implemented: ORS 807.070
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11
DMV 2-2010, f. & cert. ef. 1-28-10
DMV 3-2002, f. & cert. ef. 3-14-02
MV 7-1991, f. & cert. ef. 7-16-91
MV 6-1990, f. & cert. ef. 4-2-90
MV 53-1989, f. & cert. ef. 12-1-89
MV 25-1989, f. & cert. ef. 10-3-89
MV 15-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0027

Or. Admin. R. 735-062-0073 Denial of Further Testing

DMV may refuse to continue a test or conduct further testing if the department determines that the person does not meet the qualifications for the class of license or endorsement for which the person is being tested. To show qualification for a license or endorsement, a person must demonstrate knowledge and understanding of the traffic laws of this state and must demonstrate the person’s ability to operate a motor vehicle without endangering the safety of persons or property:

(1) A DMV employee may refuse to conduct or to continue a behind the wheel drive test if the employee reasonably believes that the person is likely to endanger persons or property while being tested.

(2) DMV may deny a drive test, and deny further testing, prior to the start of the test if there are observable reasons to believe the person may endanger the safety of persons or property during a drive test. Observable reasons to deny a drive test before starting the test may include but are not limited to the following:

(a) The person is visibly confused;

(b) The person is unable to follow simple directions needed to prepare for the drive test; or

(3) DMV may immediately stop a drive test if the drive test examiner reasonably believes the person is likely to endanger persons or property. Reasons to immediately stop a drive test include, but are not limited to:

(a) An accident during the drive test which could have been avoided by the driver being tested;

(b) Dangerous driving behaviors including but not limited to the following:

(A) Failure to obey traffic control devices;

(B) Is prevented from causing an accident by the actions of other drivers or the examiner;

(D) Fails to stop for a school bus that has its red lights flashing;

(E) Fails to yield to a pedestrian or fails to stop when another vehicle is stopped at a crosswalk because a person is occupying the crosswalk;

(F) Drives over a curb, sidewalk or median;

(G) Depends on the action of other drivers for his or her own safety; or

(H) Changes lanes or merges into traffic without checking for other vehicles.

(d) Is unable to follow instructions to the point the drive examiner is not certain he or she can verbally guide the driver back to the DMV field office; or

(e) Seems unaware of driving mistakes made, takes no responsibility as mistakes are pointed out and shows a pattern of denial of any error.

(4) A DMV employee may use the guidelines in sections (2) and (3) of this rule, or other actions that occurred during a drive test, to refuse to conduct or continue testing and to recommend denial of further testing.

(5) Upon review of the DMV employee’s recommendation and if DMV determines the person is likely to endanger persons or property during subsequent testing, DMV will deny further testing and will:

(a) Send to a person who has not been issued Oregon driving privileges a notice denying further testing. The person is not entitled to a contested case hearing; or

(b) Cancel driving privileges pursuant to ORS 807.350 and OAR 735-070-0010 and 735-070-0020 if the person has been issued Oregon driving privileges.

(6) Someone who has been denied further testing under this rule must provide adequate proof to DMV that the person has taken steps to improve driving skills and as such can take a drive test without endangering the safety of persons or property. A person may provide proof, which may alone or in conjunction with other information constitute adequate proof, such as the following:

(a) Successfully complete a driver training course conducted by an ODOT certified commercial driver training school and submits proof of completion to DMV.

(b) Successfully complete a driver rehabilitation program conducted by a rehabilitation specialist and submits proof of completion to DMV.

(c) Submit a medical report form showing that a licensed physician, physician’s assistant or nurse practitioner has conducted a diagnostic examination, showing to the satisfaction of the Medical Determination Officer that the person’s physical or mental disease or disability has improved or is controlled, so that it does not impair the person’s ability to safely operate a motor vehicle.

(d) Show proof that an adaptive device, such as hand controls, has been added to the vehicle and show some documentation that the person knows how to use and has practiced with the adaptive device(s).

(7) To satisfy the requirements of subsections (6)(a) or (b) of this rule, the proof submitted to DMV must include the following:

(a) The applicant’s name and either a date of birth or Oregon driver license number;

(b) A certificate or statement from the driver training instructor or school, or the rehabilitation specialist that the person successfully completed a driver training course or a driver rehabilitation program; and

(c) The ODOT certification number of the commercial driver training school, or the rehabilitation program name, address, phone number and the name of the specialist who worked with the person.

(8) To obtain a driver license or endorsement, an applicant who has been denied further testing, or a person whose driving privileges have been cancelled under subsection (5)(b) of this rule, must meet the requirements of section (6) of this rule and must submit an application, pay all required fees, and establish all qualifications for the class of license or endorsement sought.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619 & 802.010
Statutes/Other Implemented: ORS 807.070, 807.340 & 807.350
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 14-2005, f. & cert. ef. 5-19-05
DMV 3-2002, f. & cert. ef. 3-14-02

Or. Admin. R. 735-062-0078 Waiving Knowledge Test for Motorcycle Endorsement

(1) Pursuant to ORS 807.072, DMV will waive the knowledge test for a motorcycle endorsement required by ORS 807.070(2) and OAR 735-062-0040 if:

(a) DMV has determined that the knowledge test given as part of a motorcycle rider education course established under ORS 802.320 is, at least, equivalent to the test given by DMV, and proof of the applicant's course completion information is submitted as described in OAR 735-062-0140; or

(b) The applicant:

(A) Passes the knowledge test given as part of an approved motorcycle rider education course listed in section (2) of this rule from a provider outside of this state, effective on or after March 2, 2022;

(B) Is temporarily residing outside of this state, but is domiciled in Oregon as described in ORS 803.355 and in accordance with OAR 735-016-0030; and

(C) Applies and is issued a motorcycle endorsement within two years from the date of course completion, unless a shorter validity timeframe is listed on the course completion card provided by the applicant. When a shorter validity timeframe is provided on the course completion card, the applicant must apply and be issued a motorcycle endorsement within the timeframe provided on the course completion card.

(2) The following motorcycle rider education courses from a provider outside of this state are approved by DMV:

(a) Motorcycle Safety Foundation (MSF) motorcycle rider education course;

(b) Idaho Skills Training Advantage for Riders (STAR);

(d) Total Control Riding Clinic;

(e) Motorcycle Ohio Rider Enhancement (MORE);

(f) Puget Sound Safety - Motorcycle Education Program (PSS-MEP);

(g) Washington Motorcycle Safety Training (WMST); and

(h) Southwest Motorcycle Safety (SWMS).

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.012 & 807.072
Statutes/Other Implemented: ORS 802.012 & 807.072
DMV 15-2026, amend filed 05/07/2026, effective 05/07/2026
DMV 26-2024, amend filed 08/06/2024, effective 08/06/2024
DMV 7-2022, amend filed 07/18/2022, effective 07/18/2022
DMV 1-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 3-2009, f. & cert. ef. 2-20-09

Or. Admin. R. 735-062-0080 Waiving Drive Test Portion of Driver License Examination

(1) DMV will waive the actual demonstration of an applicant's ability to drive a Class C vehicle required by ORS 807.070(3) if all of the following apply:

(a) The applicant surrenders to DMV a driver license issued to the applicant by another state, the District of Columbia, a United States Territory, a Canadian Province or a jurisdiction with whom DMV has a reciprocity agreement and the driver license has not been expired for more than one year or, if the person's driver license issued by a jurisdiction listed above, has been lost or stolen, the applicant submits a letter of clearance, as required in OAR 735-062-0007.

(b) The surrendered, lost or stolen license authorizes the driving of a vehicle other than a moped or motorcycle.

(c) The surrendered, lost or stolen license includes no restrictions other than a single restriction or a combination of restrictions comparable to restrictions imposed on an Oregon driver license.

(d) The applicant has no physical disabilities or impairments which may necessitate any restrictions other than:

(A) “With corrective lenses”;

(B) “Outside or side-view mirror(s)”; or

(C) The restriction(s) imposed on the applicant's surrendered, lost or stolen driver license issued by another jurisdiction.

(e) The applicant has no mental or physical condition or impairment that causes DMV to reasonably believe the applicant's condition or impairment affects the applicant's ability to operate a motor vehicle without endangering the safety of persons or property.

(2) In addition to section (1) of this rule, DMV will waive the actual demonstration of an applicant's ability to drive a Class C non-commercial vehicle required by ORS 807.070(3) if:

(a) The applicant passes a traffic safety education course approved by the Transportation Safety Office under ORS 336.802;

(b) The drive test administered during the traffic safety education course meets or exceeds the requirements of a Class C non-commercial drive test conducted by DMV; and

(A) The applicant provides a Driver Education Certificate of Completion card, as described in OAR 735-062-0140, that was issued on or before October 13, 2024, and within two years prior to the submission of an application for a Class C non-commercial driver license; or

(B) At the time of submission of an application for a Class C noncommercial driver license, an electronic driver education completion notation, as described in OAR 737-015-0020(18), is on the applicant’s driver record with a notation of a passing score and a date of completion demonstrating the student completed the course within the two previous years.

(3) DMV will waive the actual demonstration of an applicant's ability to operate a motorcycle if:

(a) The applicant surrenders to DMV a motorcycle-endorsed driver license issued to the applicant by another state, the District of Columbia, a United States Territory, a Canadian Province, a jurisdiction with whom DMV has a reciprocity agreement, or submits a clearance letter as provided for in subsection (1)(a) of this rule; and

(b) The applicant meets the qualifications in subsections (1)(c), (d) and (e) of this rule.

(4) In addition to section (3) of this rule, DMV will waive the actual demonstration of an applicant's ability to operate a motorcycle if:

(a) The applicant passes a motorcycle skills test given during a motorcycle rider education course established by the Transportation Safety Office under ORS 802.320; or

(b) The applicant meets the qualifications in OAR 735-062-0078(1)(b).

(5) Evidence of passing the motorcycle skills test identified in section (4) of this rule is as described in OAR 735-062-0140.

(6) DMV will waive the actual demonstration of an applicant's ability to operate a motorcycle if the applicant applies for a restricted motorcycle endorsement that only authorizes the person to operate a motorcycle with more than two wheels and has successfully completed the motorcycle knowledge test as required in OAR 735-062-0040.

(7) DMV may not waive the actual demonstration of an applicant's ability to operate a motor vehicle if the applicant has not met all requirements described in OAR chapter 735, divisions 74 or 76, including but not limited to an applicant who is:

(a) A returning Oregon resident who was previously subject to requirements under OAR chapter 735, divisions 74 or 76, who did not complete all requirements prior to being issued a license in another jurisdiction; or

(b) An individual reported to DMV under OAR chapter 735, divisions 74 or 76, while a resident of another jurisdiction and has not met the requirements established by DMV as a result of receiving the report.

History

Statutory/Other Authority: ORS 184.619, 190.485, 802.010, 807.070, 807.072, 807.080 & 807.170
Statutes/Other Implemented: ORS 190.485, 807.070, 807.072, 807.080 & 807.170
DMV 29-2024, amend filed 10/10/2024, effective 10/14/2024
DMV 35-2023, minor correction filed 11/21/2023, effective 11/21/2023
DMV 28-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 8-2022, minor correction filed 09/06/2022, effective 09/06/2022
DMV 1-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 22-2017, amend filed 11/30/2017, effective 01/01/2018
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 14-2013, f. & cert. ef. 9-24-13
DMV 1-2013, f. 1-17-13, cert. ef. 2-1-13
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09
DMV 3-2009, f. & cert. ef. 2-20-09
DMV 18-2006, f. & cert. ef. 12-13-06
DMV 11-2006(Temp), f. & cert. ef. 8-25-06 thru 2-20-07
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 4-1995, f. & cert. ef. 3-9-95
MV 12-1993, f. 10-22-93, cert. ef. 11-4-93
MV 10-1992, f. 8-21-92, cert. ef. 9-1-92
MV 6-1992(Temp), f. 5-29-92, cert. ef. 6-1-92
MV 16-1991, f. 9-18-91, cert. ef. 9-29-91
MV 1-1991, f. & cert. ef. 3-18-91
MV 14-1990, f. & cert. ef. 8-16-90
MV 6-1990, f. & cert. ef. 4-2-90
MV 26-1988, f. & cert. ef. 11-1-88
MV 15-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0045
MV 15-1986, f. 9-16-86, ef. 10-1-86
MV 61, f. 10-14-75, ef. 11-11-75

Or. Admin. R. 735-062-0084 Waiving Examination Requirements for Certain Farm Endorsement Applicants

DMV will waive the examination requirement for an applicant for a farm endorsement when the applicant does not meet the waiver criteria provided in ORS 807.072(4) or (5) because of a traffic accident on the applicant’s two-part driving record that occurred within two years of the application date if:

(1) The applicant was not convicted of a traffic offense related to the accident; and

(2) The accident is not marked in the Oregon driving record as a preventable accident, as defined in OAR 735-072-0020.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.072 & 49 CFR §383.3(d)(1)
Statutes/Other Implemented: 807.072 & 807.170
DMV 12-2022, adopt filed 09/21/2022, effective 09/21/2022

Or. Admin. R. 735-062-0087 Restrictions on Driving Privileges

ORS 807.120 authorizes DMV to restrict driving privileges upon determining that there is good cause for a restriction. DMV finds good cause for a restriction of Class C non-commercial driving privileges in the following circumstances:

(1) A Restriction — Auto Trans non-CMV — When a person is unable to operate the foot controls or shift lever on a standard transmission equipped vehicle due to a physical impairment.

(2) B Restriction — Corrective Lenses — When a person uses corrective lenses to meet the vision standards as set forth in OAR 735-062-0050.

(3) F Restriction — Outside Mirror — When a person has no usable vision in the person’s left eye.

(4) G Restriction — Daylight Driving Only — When a person’s visual acuity is between 20/40 and 20/70 or if the person’s vision specialist indicates on a Certificate of Vision form that the person should be restricted to daylight hours only.

(5) J Restriction — Variable — When at least one of the following driving privilege restrictions applies to a person:

(a) When a person is restricted to specific routes, times and purposes of driving under a special permit. The special permit includes a student or emergency permit that allows driving for specific purposes to a limited number of eligible applicants.

(b) When a person is restricted to specific routes under a limited route restriction. A person’s driver license may be restricted to specific limited routes when the person has demonstrated that the person can safely operate a motor vehicle on specific routes but is unable to demonstrate that the person is qualified for an unrestricted license.

(c) When a person is authorized by DMV to receive special instruction only. DMV may authorize a restricted privilege to take driving lessons under certain circumstances. A person may not drive a motor vehicle unless the person is driving with an instructor approved by DMV.

(d) When a person’s motorcycle driving privileges are restricted to a three-wheeled motorcycle or a motorcycle with a sidecar. DMV will restrict the driving privileges granted under a motorcycle endorsement if the person applies for a restricted motorcycle endorsement and has successfully completed the motorcycle knowledge test as required in OAR 735-062-0040 .

(e) When DMV authorizes the person to operate a motor vehicle only when equipped with specific equipment that does not have its own restriction code.

(6) When DMV observes a physical or mental condition of impairment not previously known to DMV that may negatively impact the person's ability to safely operate a motor vehicle, DMV must determine if a J restriction, as described in Section (5)(e) of this rule, is required. To determine if a J restriction is required, the person must complete a drive test in which the drive examiner is evaluating only the person's ability to operate a motor vehicle safely.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.120
Statutes/Other Implemented: ORS 807.120
DMV 27-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 34-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 22-2017, amend filed 11/30/2017, effective 01/01/2018
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-062-0088 Notification of Approaching Expiration of Driver License, Driver Permit, and Identification Card

DMV will notify the person to whom a driver license, driver permit or identification card was issued by sending a notice of the approaching expiration by first class mail to the person’s address in DMV records.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.140
Statutes/Other Implemented: ORS 807.140, 807.220, 807.400
DMV 28-2020, adopt filed 09/29/2020, effective 01/01/2021
DMV 14-2020, temporary adopt filed 06/25/2020, effective 07/06/2020 through 01/01/2021

Or. Admin. R. 735-062-0090 Renewal Driver Licenses and Identification Cards

(1) DMV will renew the driver license of an applicant who satisfies the requirements set forth in ORS 807.150.

(2) DMV may require an applicant to complete one or more of the following: vision screening, knowledge test or drive test prior to renewing a driver license or driver permit when DMV observes a physical or mental condition or impairment not previously known to DMV that may negatively impact the person’s ability to safely operate a motor vehicle in order to determine if the applicant continues to qualify for the driving privilege or if there is good cause, as described in OAR 735-062-0087, to add a restriction described in ORS 807.120 or OAR 735-062-0087.

(3) An applicant for the renewal of a driver license or identification card must:

(a) Provide a verifiable SSN or written statement that the applicant has not been assigned a SSN as provided in ORS 807.021 and OAR 735-062-0005;

(b) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and 735-062-0016; and

(4) Notwithstanding subsection (3)(a) of this rule, an applicant for a Real ID must provide their SSN as provided in OAR 735-062-0006.

(5) An applicant for a Real ID must provide proof of lawful status as provided in OAR 735-062-0022.

(6) If applying for a Real ID driver license or permit, the applicant must also meet all requirements of OAR 735-062-0008.

(7) If applying for a Real ID identification card, the applicant must also meet all requirements of OAR 735-062-0011.

(8) An applicant for the renewal of a driver license or identification card that includes a change of residence address must present to DMV one of the items constituting proof of residence address listed in OAR 735-062-0030 that shows the applicant’s current residence address.

(9) DMV may renew an unexpired driver license or identification card up to 12 months prior to the expiration date.

(10) If a driver license has been expired more than two years, the applicant must re-apply for an original driver license and meet the requirements set forth in OAR 735-062-0007.

(11) Before processing a driver license renewal, DMV will make an inquiry to NDR/PDPS and SPEXS to determine if the applicant’s driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction.

(12) If the applicant’s driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction, the applicant may not renew an Oregon driver license until the applicant either submits a clearance letter that complies with OAR 735-062-0160, or a DMV inquiry to NDR/PDPS and SPEXS shows the applicant’s driving privileges are reinstated or otherwise valid in the other jurisdiction.

(13) Notwithstanding section (12) of this rule, DMV will renew the driving privileges of an applicant whose driving privileges are suspended, revoked, canceled or otherwise not valid in another jurisdiction if the only remaining reinstatement requirement in the other jurisdiction is proof of future financial responsibility.

(14) DMV will not renew an Oregon driver license or permit if the applicant has a current, valid Oregon or out-of-state identification card. To become eligible, the applicant must surrender the Oregon or out-of-state identification card before DMV will renew the Oregon driver license or permit. If the applicant’s identification card is lost or the applicant no longer has the identification card in the applicant’s possession, the applicant must provide a statement attesting to this fact.

(15) Notwithstanding section (5) of this rule, DMV will renew a limited term Real ID to an applicant who otherwise qualifies for renewal under this rule and has provided proof of lawful status in the United States as described in OAR 735-062-0022 that has been extended or is still in effect.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.012, 807.021, 807.022, 807.040, 807.455, 807.480 & 6 CFR § 37.25
Statutes/Other Implemented: ORS 802.012, 802.540, 807.021, 807.022, 807.040, 807.050, 807.060, 807.090, 807.100, 807.120, 807.150, 807.400 & 49 USC 30301 note
DMV 27-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 13-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 7-2018, amend filed 06/26/2018, effective 07/01/2018
DMV 30-2017, minor correction filed 12/21/2017, effective 12/21/2017
DMV 7-2017, f. & cert. ef. 3-20-17
DMV 7-2016(Temp), f. & cert. ef. 10-19-16 thru 4-16-17
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 10-2008, f. & cert. ef. 4-24-08
DMV 7-2008(Temp), f. & cert. ef. 2-22-08 thru 8-19-08
DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 4-2007, f. 5-24-07, cert. ef. 6-5-07
DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05
DMV 21-2004(Temp), f. & cert. ef. 10-1-04 thru 3-29-05
DMV 11-1998, f. & cert. ef. 9-14-98
MV 16-1992, f. & cert. ef. 12-16-92
MV 14-1992, f. & cert. ef. 10-16-92
MV 14-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0009

Or. Admin. R. 735-062-0092 Mailing Driver Licenses, Driver Permits and Identification Cards

(1) DMV will mail a driver license, driver permit or identification card to the address provided by the applicant at the time of application.

(2) The delivery of the driver license, driver permit or identification card may be expedited if:

(a) The person requests expedited service at time of application;

(b) DMV determines that there is an opportunity to pull the license out of the normal mailing process in order to expedite delivery and otherwise approves the request; and

(3) If the applicant does not receive the driver license, driver permit or identification card in the mail, it may by reissued by DMV at no-fee under the following circumstances:

(a) If the driver license, driver permit or identification card was returned to DMV as undeliverable and:

(A) It has been no more than 70 calendar days from the date the applicant was issued an interim card; and

(B) The applicant’s current residence and/or mailing address has not changed from the address on the application; or

(b) If the driver license, driver permit or identification card has not been returned to DMV and:

(A) It has been at least 20 calendar days and less than 70 calendar days from the date the applicant was issued an interim card; and

(B) The applicant’s current residence and/or mailing address has not changed from the address on the application; and

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 807.024
Statutes/Other Implemented: ORS 807.310 & 807.024
DMV 24-2008, f. 9-11-08, cert. ef. 10-1-08
DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07

Or. Admin. R. 735-062-0094 Interim Cards

(1) For purposes of this rule:

(a) “Interim identification card” means an applicant temporary identification card under 2005 Oregon Laws, Chapter 775, Section 10.

(b) “Interim driver card” means an applicant temporary driver permit under ORS 807.310 that grants the privilege of a commercial driver license, non-commercial driver license or driver permit with or without endorsement(s) depending on what the applicant has applied and qualified for.

(2) Once an applicant has met all requirements set forth in ORS 807.040 the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will issue an interim driver card for the applicant to use until the interim is invalid as described in section (5) of this rule.

(3) Once an applicant has met all requirements set forth in ORS 807.400 DMV will issue an interim identification card for the applicant to use until the interim is invalid as described in section (5) of this rule.

(4) DMV will issue an interim driver card or interim identification card for a period not to exceed 30 days.

(5) An interim driver card or interim identification card is invalid when:

(a) The driver license, driver permit or identification card is received in the mail;

(b) Driving privileges or rights to an identification card have been suspended, cancelled or revoked; or

(6) A holder of an interim driver card must have the interim driver card on the holder’s person while operating a motor vehicle. The interim driver card will indicate the class of license granted and any endorsements granted.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, Ch 775 & OL 2005
Statutes/Other Implemented: ORS 807.310, Ch 775 & OL 2005
DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07

Or. Admin. R. 735-062-0096 Surrendered Driver License, Driver Permit or Identification Card

(1) When DMV issues an interim driver card or an interim identification card to an applicant under OAR 735-062-0094, DMV will invalidate and return the driver license, driver permit or identification card the applicant surrendered. An invalidated driver license or driver permit may not be used as proof of driving privileges, but is not deemed cancelled under ORS 801.175.

(2) DMV will invalidate a surrendered driver license, driver permit or identification card by hole-punching the card.

(3) The invalidated driver license, driver permit or identification card must be destroyed by the applicant when:

(a) A valid driver license, driver permit or identification card issued and mailed by DMV is received by the applicant; or

(b) Driving privileges or rights to an identification card have been suspended, cancelled or revoked.

(4) A foreign driver license that is surrendered under a reciprocity agreement with the country that issued the license will be handled as specified in the agreement.

(5) Before issuing, renewing or replacing any driver license, driver permit or identification card DMV will make an inquiry to the SPEXS Verification System to determine if an applicant holds a driver license, permit or identification card from out-of-state.

(6) If DMV determines the applicant holds a driver license, driver permit or identification card from out-of-state, the applicant will be given the opportunity to surrender privileges from the other jurisdiction.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 807.024, 807.045, 807.060, 807.150, 807.160, 807.310, 807.540, 807.550 & 807.580
DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 14-2014, f. & cert. ef. 12-1-14
DMV 6-2009, f. & cert. ef. 3-20-09

Or. Admin. R. 735-062-0110 Replacement Driver Permits, Driver Licenses, and Identification Cards

(1) DMV will issue a replacement driver permit, driver license or identification card for one of the reasons listed in section (2) of this rule if the applicant meets the requirements set forth in ORS 807.160 and this rule and the applicant is eligible for the driver license, driver permit or identification card.

(2) DMV may issue a replacement driver license, driver permit or identification card when the applicant:

(a) Furnishes proof satisfactory to the department of the loss, destruction or mutilation of the applicant’s driver license, driver permit or identification card.

(b) Changes a residence address or mailing address from the address noted on the applicant’s driver license, driver permit or identification card or adds a mailing address.

(c) Is a corrections officer, eligible employee, or household member of a corrections officer or eligible employee killed in the line of duty who has requested, in accordance with ORS 802.250 or 802.253, that department records show the address of the corrections officer’s or eligible employee’s employer.

(d) Changes names from the name noted on the applicant’s driver license, driver permit or identification card.

(e) Is applying or is required to add or remove a restriction on the applicant’s driver license or driver permit.

(f) Is applying or is required to add or remove an endorsement other than a motorcycle or farm endorsement on the applicant’s driver license or driver permit.

(g) Requests that a veteran designation be added to or removed from the applicant’s driver license, driver permit or identification card. To add a veteran designation, the applicant must provide proof the applicant is a veteran as set forth in OAR 735-062-0012(2).

(h) Furnishes proof satisfactory to the department or the department determines that the department made an error when issuing the applicant’s driver license, driver permit or identification card.

(i) Surrenders the applicant’s non-Real ID driver license that was issued without a photograph under OAR 735-062-0120 and requests a driver license with a photograph.

(j) Surrenders a driver license, driver permit or identification card to the department following a suspension and the applicant becomes eligible for driving privileges or an identification card.

(k) Has a driver license, driver permit or identification card that was confiscated by a police officer, a court or other agency and the applicant is eligible for a driver license, driver permit or an identification card.

(L) Requests to change any physical description, notation, photograph or signature on the driver license, driver permit, or identification card or to add or delete an anatomical donor designation or the fact that a person is deaf or hard of hearing.

(m) Has not received the applicant’s driver license, driver permit or identification card in the mail and the applicant does not meet the requirements under OAR 735-062-0092(3) for a reissued driver license, driver permit or identification card.

(n) Has a reason satisfactory to DMV to be issued a driver license, driver permit or identification card with a different distinguishing number than the one being replaced.

(o) Requests a downgrade from one license class to another (e.g., a Commercial Driver License to a non-commercial Class C driver license).

(p) Requests the addition of an endorsement to a CLP or the removal of a restriction from a CLP.

(q) Requests to correct information on the driver license, driver permit or identification card that was provided to DMV in error.

(3) An applicant for a replacement non-Real ID driver license, driver permit, or identification card must:

(a) Provide a verifiable SSN or written statement that the applicant has not been assigned a SSN, as provided in OAR 735-062-0005;

(b) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016; and

(4) DMV may issue a replacement Real ID driver license or driver permit for one of the reasons provided in section (2) of this rule if the applicant meets the requirements set forth in this rule and OAR 735-062-0008.

(5) DMV may issue a replacement Real ID identification card for one of the reasons provided in section (2) of this rule if the applicant also meets the requirements set forth in this rule and OAR 735-062-0011.

(6) An applicant for a replacement driver license, driver permit, or identification card must surrender the license, driver permit or identification card replaced to DMV, if possible.

(7) Before issuing a replacement driver license or driver permit, DMV will make an inquiry to NDR/PDPS and SPEXS to determine if the applicant’s driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction.

(8) If the applicant’s driving privileges are suspended, revoked, canceled or otherwise invalid in any other jurisdiction, DMV will not issue a replacement driver license or driver permit until the applicant submits a clearance letter that complies with OAR 735-062-0160 or a DMV inquiry to NDR/PDPS and SPEXS shows that the applicant’s driving privileges are reinstated or otherwise valid in the other jurisdiction.

(9) Notwithstanding section (8) of this rule, DMV will issue a replacement driver license or driver permit to an applicant whose driving privileges are suspended, revoked, canceled or otherwise invalid if the only remaining reinstatement requirement in the other jurisdiction is proof of future financial responsibility.

(10) Notwithstanding subsection (3)(c) of this rule, when an applicant applies for a replacement driver license, driver permit or identification card at a DMV office, DMV will issue the replacement driver license, driver permit or identification card using the applicant’s previous photograph on file that is not older than nine years and meets standards described in OAR 735-062-0016, unless the applicant chooses to have a new photograph taken.

(11) When DMV observes a physical or mental condition or impairment not previously known to DMV that may negatively impact the person’s ability to safely operate a motor vehicle, DMV may require an applicant to complete one or more of the following: vision screening, knowledge test or drive test, prior to replacing the person's driver license or driver permit. DMV will administer the screening or test to determine if the applicant continues to qualify for the driving privilege or if there is good cause, as described in OAR 735-062-0087, to add a restriction described in ORS 807.120 or OAR 735-062-0087.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.160, 807.455 & 807.480
Statutes/Other Implemented: ORS 807.021, 807.090, 807.110, 807.120, 807.160, 807.220, 807.230, 807.280, 807.400, 807.455, 807.480, 6 CFR §37.11 & 49 USC 30301 note
DMV 27-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 27-2021, amend filed 11/23/2021, effective 11/23/2021
DMV 11-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 2-2020, amend filed 01/28/2020, effective 01/28/2020
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 11-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 14-2014, f. & cert. ef. 12-1-14
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 19-2010, f. 10-25-10, cert. ef. 1-1-11
DMV 24-2008, f. 9-11-08, cert. ef. 10-1-08
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08
DMV 23-2005, f. & cert. ef. 11-18-05
DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05
DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05
DMV 24-2003, f. 12-15-03 cert. ef. 1-1-04
MV 14-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0013

Or. Admin. R. 735-062-0115 Non-Issue of a Driver License Following Confiscation

(1) DMV will not issue a driver license to a person whose driving record indicates a pending Implied Consent Law suspension under ORS 813.100.

(2) DMV will issue a temporary driving permit instead of a driver license if the person is eligible for driving privileges.

(3) The permit issued under section (2) of this rule is valid until the Implied Consent Law suspension takes effect.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 813.110
Statutes/Other Implemented: ORS 807.160, 813.100 & 813.110
DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 23-2005, f. & cert. ef. 11-18-05
DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05
MV 5-1990, f. & cert. ef. 3-5-90

Or. Admin. R. 735-062-0120 Standards for Issuance of Driver's Licenses Without a Photograph

(1) DMV may, upon receipt of a written request, and for good cause, provide for issuance of a valid driver license without a photograph to any applicant qualified to hold an Oregon driver license:

(a) Who is a member of a religious denomination that prohibits photographing of its members because it is contrary to its religious tenets;

(b) Whose religious beliefs require the applicant to wear a head covering, clothing or similar material that partially or completely covers the applicant’s face, preventing the applicant from being photographed as described in OAR 735-062-0016(2);

(d) Who is stationed outside of this state while in the active military service in the Armed Forces of the United States or the National Guard or who is the spouse or dependent of such an individual, and the department is unable to issue the driver license using the previous photo on file as provided under OAR 735-062-0125.

(2) In addition to satisfying the requirements of section (1), an applicant for issuance of a driver license under this rule must:

(a) Provide a verifiable SSN or written statement that the person has not been assigned a SSN, as provided in OAR 735-062-0005;

(b) Provide proof of identity and date of birth as required under ORS 807.040 and provided in OAR 735-062-0020; and

(3) An applicant applying for a renewed driver license under subsection (1)(c) of this rule must also provide proof of being a resident of or domiciled in Oregon as described in OAR 735-016-0040.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.110
Statutes/Other Implemented: ORS 807.110
DMV 18-2025, amend filed 11/13/2025, effective 01/01/2026
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 2-2020, amend filed 01/28/2020, effective 01/28/2020
DMV 3-2018, minor correction filed 02/13/2018, effective 02/13/2018
DMV 11-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 17-2010, f. & cert. ef. 9-27-10
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 23-2005, f. & cert. ef. 11-18-05
DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05
DMV 21-2001, f. & cert. ef. 10-18-01
MV 15-1986, f. 9-16-86, ef. 10-1-86, Renumbered from 735-031-0038
MV 80, f. & ef. 10-4-77

Or. Admin. R. 735-062-0125 Standards for Issuance of a Renewal or Replacement Driver License, Driver Permit or Identification Card Containing a Previous Photograph by Mail

(1) If an applicant is unable to renew or replace their driver license, driver permit or identification card by visiting a DMV office or by electronic transaction, as described in OAR 735-018-0170, DMV may issue a renewal or replacement driver license, driver permit or identification card containing a photograph already on file with DMV, as authorized in ORS 807.115, to applicants in accordance with this rule.

(2) DMV may renew or replace an applicant’s Real ID or non-Real ID driver license, driver permit or identification card, in accordance with applicable statutes authorizing renewal or replacement, by issuing a renewal or replacement driver license, driver permit or identification card containing a photograph of the applicant already on file with DMV, if the applicant:

(a) Provides proof that the applicant is a resident of or domiciled in Oregon as described in OAR 735-016-0040;

(b) If an applicant is applying for a renewal or replacement Real ID, the applicant must have previously proven lawful status in the United States as required by OAR 735-062-0022;

(c) Provides the applicant’s SSN or a written statement that the person has not been assigned a SSN, as required under OAR 735-062-0005. DMV will verify the SSN with the SSA unless the SSN provided has previously been verified;

(d) Notwithstanding section (2)(c), if an applicant is applying for a renewal or replacement Real ID, the applicant must meet all requirements set forth in OAR 735-062-0006;

(e) Provides proof that the applicant is, in fact, the applicant to whom the driver license, driver permit or identification card to be renewed or replaced was issued; and

(f) Meets all other qualifications for the driver license, driver permit or identification card sought.

(3) An applicant for a renewal driver license, driver permit or identification card containing a previous photograph on file must submit a written statement to DMV establishing good cause why the applicant is not able to appear and apply for the renewal driver license, driver permit or identification card at a DMV office. Circumstances constituting “good cause” include, but are not limited to, the following:

(a) The applicant is temporarily in another jurisdiction or country for business reasons, employment or education, will be returning to Oregon, and continues to satisfy Oregon’s residency requirements.

(b) The applicant is traveling outside of Oregon and the applicant’s Oregon driver license, driver permit or identification card is lost, stolen or mutilated;

(c) The applicant is traveling outside of Oregon and the applicant’s Oregon driver license, driver permit or identification card has expired or will expire before the applicant returns to Oregon; or

(d) The applicant has a medical condition or health problems that prevent him or her from applying for a renewal driver license, driver permit or identification card at a DMV field office and submits to DMV proof of the medical condition or health problems from the applicant’s licensed health care provider.

(4) DMV will not issue a valid with previous photograph replacement or renewal driver license, driver permit or identification card to an otherwise qualified applicant, if the applicant makes a request to change name, date of birth or SSN.

(5) DMV will not issue a valid with previous photograph renewal Real ID to an applicant who provided proof of lawful status in the United States on a temporary basis under OAR 735-062-0022.

(6) Notwithstanding section (2) of this rule, DMV may issue a renewal driver license, driver permit or identification card containing a photograph of the applicant already on file with DMV, if the applicant has an Oregon driver license, driver permit or identification card and is on active duty in the United States Armed Forces stationed outside of Oregon who provides a copy of the applicant’s:

(a) Most current Leave Earning Statement showing Oregon as the applicant’s home on record;

(b) Federally-issued active duty Military identification card; and

(7) A spouse, domestic partner or dependent of a military person on active duty in the United States Armed Forces outside of Oregon who qualifies under section (6) of this rule, who has an Oregon driver license, driver permit or identification card may qualify for a renewed driver license, driver permit or identification card using the previous photograph, if the spouse, domestic partner or dependent provides a copy of the following:

(a) The military member’s most current Leave Earning Statement showing Oregon as the military member’s home on record;

(b) The military member’s active duty Military identification card;

(d) The spouse, domestic partner or dependent’s Social Security number. DMV must verify the SSN with the SSA, if not previously verified.

(8) Notwithstanding section (4) of this rule, DMV may issue a renewal or replacement driver license, driver permit or identification card that is not Real ID with a name change to an applicant who provides sufficient proof of full legal name as required by OAR 735-062-0014 and otherwise qualifies for a valid with previous photograph driver license, driver permit or identification card under section (6) or (7) of this rule.

(9) A replacement driver license, driver permit or identification card issued at a DMV office will contain the applicant’s previous photograph on file unless the applicant requests a new photograph.

(10) DMV will not replace or renew a driver license, driver permit or identification card under this rule, if the applicant’s most recent photograph on file with DMV is more than nine years old.

(11) Notwithstanding section (2)(a) of this rule, an applicant for a replacement driver license, permit or identification card containing a previous photograph on file is not required to provide proof of residency or domicile in Oregon as described in OAR 735-016-0040.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.110, 807.450, 807.480, 6 CFR §37.23 & 6 CFR §37.25
Statutes/Other Implemented: ORS 807.110, 807.400, 807.455 & 807.480
DMV 19-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 6-2021, temporary amend filed 03/11/2021, effective 03/11/2021 through 09/06/2021
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 2-2020, amend filed 01/28/2020, effective 01/28/2020
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 14-2014, f. & cert. ef. 12-1-14
DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08

Or. Admin. R. 735-062-0130 Issuance of a Replacement Driver License, Driver Permit or Identification Card with a New Number

(1) For purposes of this rule:

(a) “Customer number” means the distinguishing number assigned to a driver license, driver permit or identification card;

(b) “Fraudulent use” means the use of another person’s name and customer number for the purpose of misrepresenting a person’s identity in order to commit the crime of identity theft, to receive financial gain, or to avoid legal responsibility after committing an offense. Examples include but are not limited to:

(A) Fraudulent use of a person’s name and customer number to open a bank account, order checks or cash a forged check;

(B) Fraudulent use of a person’s name and customer number to open a credit card account; or

(C) Giving another person’s name and customer number to a police officer who is enforcing the motor vehicle laws in order to avoid legal responsibility for a traffic offense, resulting in a conviction(s) being posted to the other person’s driving record.

(2) Upon request, the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) will issue a person a replacement driver license, driver permit or identification card with a different customer number if the person provides evidence satisfactory to DMV to show:

(a) The fraudulent use of the person’s name and customer number; or

(b) That the person is a victim of abuse, stalking, or physical violence and the person is taking steps to protect his or her identity including a legal name change.

(3) Evidence submitted to DMV of the fraudulent use of a name and customer number must show that both the name and the customer number have been used for a fraudulent purpose. The person must provide at least one of the following types of documents:

(a) A copy of a police report or letter from a police agency;

(b) A report or letter from a credit card company, credit reporting bureau or financial institution;

(d) A document issued by a Court; or

(e) A letter from a District Attorney.

(4) A person who is the victim of abuse, stalking, or physical violence must provide a court judgment showing a legal name change and at least one of the following types of documents that show the person has been a victim of abuse, stalking, or physical violence:

(a) A copy of a police report or letter from a police agency;

(b) A document issued by a Court;

(d) A letter or report from a state agency or a community crisis center for domestic violence or physical or sexual abuse; or

(e) A letter or report from a physician, physician associate, nurse practitioner, psychologist, licensed clinical social worker or licensed professional counselor who provided treatment or counseling services to the person.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.160 & 807.400
Statutes/Other Implemented: ORS 807.160 & 807.400
DMV 8-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 1-2006, f. & cert. ef. 2-15-06
DMV 30-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thur 6-29-06
MV 26-1989, f. & cert. ef. 10-3-89

Or. Admin. R. 735-062-0133 Identification Card Issuances to Applicants Experiencing Homelessness, Nonprofit Organization Qualifications

(1) Except for the additional fee for a REAL ID identification card described section (2) of this rule, DMV will not charge a qualified applicant a fee to issue or renew a REAL ID or non-REAL ID identification card if the applicant is experiencing homelessness, as defined in section (7) of this rule, and meets the following requirements:

(a) The applicant completes all application requirements for an identification card described in:

(A) OAR 735-062-0010 for an applicant who has not previously been issued an identification card and is applying for a non-Real ID identification card;

(B) OAR 735-062-0011 for an applicant who has not previously been issued an identification card and is applying for a Real ID identification card; and

(C) OAR 735-062-0090 for an applicant who is renewing a Real ID or Non-Real ID identification card in a DMV office and OAR 735-062-0125 for an applicant who is renewing an identification card by mail.

(b) The applicant submits a Determination of Homelessness form (DMV form 735-7183) that was completed by a nonprofit organization described in section (8) of this rule or a state agency as defined in ORS 807.410 and described in section (9) of this rule. To qualify for a free identification card, the form must be submitted to DMV within 60 days of being signed by a representative of a nonprofit organization or state agency, along with an application for issuance of an identification card.

(2) An applicant who applies for issuance, renewal or replacement of a REAL ID identification card in accordance with this rule will be charged the REAL ID fee described in OAR 735-062-0295.

(3) Except for the additional fee for a REAL ID identification card described section (2) of this rule, DMV will not charge a qualified applicant a fee to replace an identification card if the applicant is experiencing homelessness, as defined in section (7) of this rule, if:

(a) The applicant completes all application requirements to replace an identification card described in OAR 735-062-0110 or 735-062-0125;

(b) The applicant submits a Determination of Homelessness form (DMV form 735-7183) that was completed by a nonprofit organization described in section (8) of this rule or a state agency, as defined in ORS 807.410 and described in section (9) of this rule. To qualify for a free identification card, the form must be submitted to DMV within 60 days of being signed by a representative of a nonprofit organization or state agency, along with an application for issuance of an identification card; and

(c) DMV has not issued two replacement identification cards in accordance with this rule since initial issuance or last renewal.

(4) A representative of a nonprofit organization or state agency may obtain a Determination of Homelessness form (DMV form 735-7183) by sending an email request to Customerconnect@odot.oregon.gov. DMV may not process incomplete or unsigned forms.

(5) Issuances of identification cards described in sections (1) and (3) of this rule are not eligible for electronic transactions described in OAR 735-018-0160 and 735-018-0170.

(6) If a qualified applicant has valid driving privileges or is eligible to reinstate their driving privileges, the qualified applicant is required to surrender their driving privileges prior to issuance of an identification card in accordance with this rule.

(7) “Homelessness” as defined in this rule and ORS 807.410 means an individual experiencing one or more of the following:

(a) An individual who lacks a fixed, regular, and adequate nighttime residence.

(b) An individual with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport or camping ground.

(c) An individual living in a supervised publicly or privately operated shelter designed to provide temporary living arrangements (including hotels and motels paid for by federal, state, or local government programs for low-income individual or by charitable organizations, congregate shelters, and transitional housing).

(d) An individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided.

(e) An individual who:

(A) Will imminently lose their housing, including housing they own, rent, or live in without paying rent, are sharing with others, and rooms in a hotel or motel not paid for by federal, state, or local government programs for low-income individuals or by charitable organizations, as evidenced by:

(i) A court order resulting from an eviction action that notifies the individual that they must leave within 14 days;

(ii) The individual having a primary nighttime residence that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than 14 days; or

(iii) Credible evidence indicating that the owner or renter of the housing will not allow the individual to stay for more than 14 days, and any oral statement from an individual seeking homeless assistance that is found to be credible shall be considered credible evidence for purpose of this clause;

(B) Has no subsequent housing identified; and

(f) An unaccompanied youth defined as homeless under other state or federal statutes who:

(A) Has experienced a long-term period without living independently in permanent housing;

(B) Has experienced persistent instability as measured by frequent moves over such period; and

(C) Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical or mental health conditions, substance addiction, history of domestic violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment.

(g) An individual who is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions in the individual's current housing situation, who has no other housing and lacks the resources or support networks to obtain other permanent housing.

(8) “Nonprofit organization” means:

(a) An entity that is established as a nonprofit organization qualifying for tax exempt status under section 501(c)(3) of the Internal Revenue Code; and

(b) Provides services to individuals experiencing homelessness, as defined in section (7) of this rule.

(9) A state agency, as defined in ORS 807.410, qualifies to complete documentation under ORS 807.410 if the agency provides services to individuals experiencing homelessness, as defined in section (7) of this rule.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.410
Statutes/Other Implemented: ORS 807.400 & 807.410
DMV 30-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 29-2021, adopt filed 11/23/2021, effective 11/23/2021

Or. Admin. R. 735-062-0135 Voluntary Surrender of Driving Privileges

A person may surrender all or part of the driving privileges granted to that person by the State of Oregon, through DMV’s Quit Driving Identification Card program.

(1) To surrender all or part of a person’s driving privileges, that person must sign a DMV form and must surrender to DMV any driver license or driver permit issued for the driving privilege. DMV will allow the person to surrender all driving privileges, or part of the driving privileges granted to that person under any class of driver license, endorsement or driver permit.

(2) When driving privileges are surrendered, the driving privileges are immediately withdrawn and the person is no longer authorized to operate vehicles pursuant to those driving privileges. A person who surrenders all driving privileges may not exercise any driving privileges, except those granted by statute under ORS 807.020. A person who surrenders part of the person’s driving privileges may exercise only those driving privileges retained. Operation of a vehicle on Oregon highways or premises open to the public without appropriate driving privileges is a violation of law under ORS 807.010.

(3) In accordance with OAR 735-062-0010, DMV may issue an identification card to a person who has surrendered all driving privileges.

(4) If the person surrenders all driving privileges and declares on DMV form 735-7206 that the person is no longer competent to drive a motor vehicle, DMV will rescind any suspension imposed under OAR 735-074-0140 or 735-076-0020.

(5) A person may surrender only part of the driving privileges granted by DMV by canceling any endorsements or driver permits granted to the person. The person must specify those driving privileges the person seeks to surrender. A person who surrenders an endorsement must pay the renewal or replacement license fee for issuance of a license that reflects the driving privileges the person retains.

(6) Surrender of driving privileges means the driving privileges are canceled as defined in ORS 801.175(2). When a voluntary surrender of driving privileges is accepted, DMV will cancel driving privileges without providing further notice or an opportunity for hearing to the person. The person’s driving record will show that the driving privileges have been surrendered.

(7) A person who seeks to regain surrendered driving privileges must reapply for the privileges and establish eligibility and qualification as provided by law, including payment of all required fees.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 809.419
Statutes/Other Implemented: ORS 802.010(1)(c) & 809.419
DMV 35-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 17-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 12-2013, f. & cert. ef. 9-24-13
DMV 17-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 23-2005, f. & cert. ef. 11-18-05
DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05
DMV 1-2003, f. & cert. ef. 2-13-03

Or. Admin. R. 735-062-0140 Proof of Completion of a Traffic Safety Education or Motorcycle Education Course

(1) For purposes of waiving the Class C drive test, DMV will accept either of the following:

(a) A Driver Education Certificate of Completion card issued on or before October 13, 2024, by a traffic safety education course approved by the Transportation Safety Office. The Driver Education Certificate of Completion card must be in the format designed and approved by the Transportation Safety Office and issued within two years prior to the submission of an application for a Class C non-commercial driver license; or

(b) An electronic driver education completion notation, as described in OAR 737-015-0020(18), that includes a notation of a passing score on the applicant’s driver record and a date of completion demonstrating the student completed the course within the two previous years.

(2) For purposes of issuing a motorcycle endorsement, DMV will only accept a course completion card or electronic course completion information from a motorcycle rider education course established under ORS 802.320 or from an approved motorcycle rider education course listed in OAR 735-062-0078.

(3) DMV will accept a course completion card as proof of completion of a motorcycle rider education course until July 6, 2022. The card must include, at a minimum:

(a) The applicant’s name;

(b) The name of the course completed;

(d) Where the course was taken;

(e) The signature of the instructor; and

(f) The instructor’s certification number.

(4) DMV will accept a course completion card as proof of completion of a motorcycle rider education course from providers outside of this state. The card must include, at a minimum:

(a) The applicant’s name;

(b) The name of the course completed;

(d) Where the course was taken; and

(e) The signature of the instructor.

(5) As of July 6, 2020, DMV accepts proof of an applicant’s completion of a motorcycle rider education course from an approved motorcycle rider education course provider established under ORS 802.320 through DMV’s website. The approved motorcycle rider education course provider must comply with provisions set forth in OAR 735-018-0020.

(6) An applicant must apply for and be issued a motorcycle endorsement within two years from the date of course completion, unless a shorter validity timeframe is listed on the course completion card provided by the applicant. When a shorter validity timeframe is provided on the course completion card, the applicant must apply for and be issued a motorcycle endorsement within the timeframe provided on the course completion card.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.012 & 807.175
Statutes/Other Implemented: ORS 802.012, 807.170 & 807.175
DMV 29-2024, amend filed 10/10/2024, effective 10/14/2024
DMV 1-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 14-2013, f. & cert. ef. 9-24-13
DMV 3-2009, f. & cert. ef. 2-20-09
DMV 18-2006, f. & cert. ef. 12-13-06
DMV 11-2006(Temp), f. & cert. ef. 8-25-06 thru 2-20-07
DMV 7-1998, f. & cert. ef. 6-19-98
MV 12-1993, f. 10-22-93, cert. ef. 11-4-93
MV 27-1989, f. & cert. ef. 10-3-89

Or. Admin. R. 735-062-0160 Clearance Letter

(1) A clearance letter referred to in OAR 735-062-0007, 735-062-0008, 735-062-0080(1)(c) or (3)(c) and 735-062-0090 is a letter or Request for Verification of Driver License Status (DMV Form 6600) completed by another jurisdiction indicating the status of the applicant's driving privileges in that jurisdiction.

(2) A clearance letter, as provided in section (1) of this rule, must include all of the following:

(a) Applicant's name.

(b) Applicant's date of birth.

(d) Expiration date of the out-of-jurisdiction license.

(e) Status of applicant's driving privilege including any endorsements, i.e., valid, expired, suspended, revoked, canceled or otherwise not valid. The letter must include the reason for the suspension, cancellation or revocation, the beginning date of suspension, revocation or cancellation, requirement(s) for reinstatement and the date the applicant's license will be eligible for reinstatement.

(f) A means of identifying the jurisdiction providing the clearance letter such as letterhead stationery.

(g) The date the clearance letter was completed.

(3) DMV will allow an applicant whose driving privilege is suspended, revoked, canceled or otherwise not valid to complete certain requirements in this state if the other jurisdiction will accept the Oregon results and issue a clearance letter stating the applicant's driving privileges are valid in that jurisdiction. The applicant may complete:

(a) Vision, knowledge or behind-the-wheel tests;

(b) Remedial training or schools;

(4) It is the applicant's responsibility to provide a clearance letter as required by this rule. A facsimile of a clearance letter is acceptable only if the clearance letter is received by DMV directly from the driver licensing agency in the other jurisdiction. Telephone clearances and Law Enforcement Data System (LEDS) teletype clearances are not acceptable.

(5) A clearance letter submitted to DMV will only be valid for issuance of a driver license for 60 days following the date it was completed by the other jurisdiction

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 802.540, 807.040, 807.045, 807.050, 807.060, 807.070, 807.150 & 807.170 & 809.310
Statutes/Other Implemented: ORS 807.050
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05
MV 14-1992, f. & cert. ef. 10-16-92

Or. Admin. R. 735-062-0290 Issuance, Replacement or Renewal of Undercover Driver Licenses or Identification Cards to Law Enforcement Officials

(1) For purposes of Oregon Laws 2009, Chapter 258, Section 4 and this rule:

(a) A “law enforcement agency” or “agency” is a county sheriff, city or municipal police department, Oregon State Police, a district attorney, the Criminal Justice Division of the Department of Justice, or an equivalent law enforcement agency of another state or the federal government;

(b) A “law enforcement official” or “official” is a certified peace officer who is performing undercover criminal investigative duties for a law enforcement agency.

(2) DMV will issue, replace or renew a fictitious driver license or fictitious identification card to a law enforcement official upon:

(a) Approval of an application submitted by the law enforcement agency for which an official is providing undercover criminal investigative duties; and

(b) Payment of the fees for a driver license or identification card as set forth in ORS 807.370, 807.375, and 807.410.

(3) For purposes of section (2) of this rule, an application for the issuance, replacement or renewal of a fictitious driver license or fictitious identification card must:

(a) Be submitted by the law enforcement agency that employs the official, or if the official is on a special assignment with another agency, such as an inter-agency task force, may be submitted by the agency for which the official is performing undercover criminal investigative duties;

(b) Be on official agency letterhead or on DMV Form 735-7343, Oregon DMV Undercover Driver License/Identification Card Request;

(c) Contain proof that the official is a certified peace officer. Such proof includes, the official’s badge number or Department of Public Safety Standards and Training (DPSST) number, an equivalent identifying number from another state or the federal government or other verifiable proof of certification;

(d) Provide the following information:

(A) The official’s true name, date of birth, driver license or identification card number and state of issuance;

(B) The information that will be used on the official’s fictitious driver license or identification card and fictitious DMV record, including name, address, date of birth, hair color, eye color, height and weight, and mother’s maiden name;

(C) The class of license and endorsement requested. The official must already have qualified for and been issued the license class or endorsement type requested; and

(D) The mailing address, telephone number and if applicable, the Originating Agency Identifier (ORI) of the law enforcement agency.

(e) Indicate whether the request is for issuance, replacement or renewal of a fictitious driver license or identification card; and

(f) Be signed by the Sheriff, Chief of Police, Superintendent or agency head, or his or her designee.

(4) The DMV Confidential Records Desk will review the application. When approved, an appointment with the official will be scheduled to issue the fictitious driver license or identification card. A fictitious driver license or identification card will only be issued from DMV Headquarters. For verification purposes, at the appointment the official must provide proof of his or her true identity and badge number, DPSST number or equivalent certification number as described in section (5)(c) of this rule.

(5) A fictitious driver license or fictitious identification card must be surrendered to the DMV Confidential Records Desk when the official is no longer performing undercover criminal investigative duties for the law enforcement agency requesting the fictitious license or identification card.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & Sec. 4, Ch. 258 & OL 2009
Statutes/Other Implemented: Sec. 4, Ch. 258 & OL 2009
DMV 3-2010, f. & cert. ef. 1-28-10

Or. Admin. R. 735-062-0295 Fee for Real ID Credentials

In addition to any fee imposed by ORS 807.370 or 807.410, DMV shall impose a fee of $30 for each original, renewed or replacement Real ID credential to cover the costs related to issuing Real IDs.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.460
Statutes/Other Implemented: ORS 807.460
DMV 25-2020, adopt filed 06/25/2020, effective 07/06/2020

Or. Admin. R. 735-062-0300 Purpose

ORS 807.355 — 807.369 allows persons with a limited vision condition to gain limited driving privileges if certain criteria are met. The purpose of OAR 735-062-0300 through 735-062-0390 is to establish a program for the licensing of persons with a limited vision condition, specify requirements and qualifications needed for a person to be certified by DMV as a rehabilitation training specialist for purposes of training a person with a limited vision condition to use bioptic telescopic devices while driving, and to establish requirements for a certified rehabilitation training specialist to certify the competency of a person with a limited vision condition to safely exercise driving privileges using a bioptic telescopic lens.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 807.368
Statutes/Other Implemented: ORS 807.355, 807.359, 807.363, 807.368 & 807.369
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

Or. Admin. R. 735-062-0310 Definitions

The following definitions apply to OAR 735-062-0300 to 735-062-0390:

(1) “Bioptic telescopic lens” means an optical system used to magnify distant objects by including a small telescope that is mounted in or above a spectacle lens in a manner to allow an unobstructed view of the horizontal visual field through a person’s normal distance corrective lens;

(2) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation;

(3) “Daylight hours” means the period of time from sunrise to sunset but does not include periods where adverse weather or other conditions significantly reduce visibility on the roadway;

(4) “Educational facility” includes any public school district, education service district, community college district, any facility for the deaf operated under ORS 346.010, the Hillcrest School of Oregon, MacLaren School for Boys, tribal schools, state and federal schools, public agencies, and any parochial, private-or home-school facility meeting the requirements of OAR 581-045-0535 and ORS 345.505.

(5) “Limited vision condition” means visual acuity in the better eye with best lens correction that is no better than 20/80 and no worse than 20/200.

(6) “Rehabilitation training program” means a program designed to train a person with a limited vision condition to use a bioptic telescopic lens while operating a motor vehicle.

(7) “Rehabilitation training specialist” or “specialist” means a person certified by the Department of Transportation to provide a rehabilitation training program;

(8) “Report of Limited Vision Examination” (DMV Form Number 735-24A) means a certification completed by a licensed vision specialist (ophthalmologist or optometrist) that a person with a limited vision condition meets the requirements under ORS 807.359.

(9) “Special limited vision condition learner’s permit” means a permit issued by the department to a person with a limited vision condition that allows the person to enroll in a rehabilitation training program; and

(10) “TSO” means the Oregon Department of Transportation, Transportation Safety Office.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 807.368
Statutes/Other Implemented: ORS 807.355, 807.359, 807.363, 807.368 & 807.369
DMV 37-2023, minor correction filed 11/21/2023, effective 11/21/2023
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 20-2009, f. & cert. ef. 10-27-09
DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

Or. Admin. R. 735-062-0320 Special Limited Vision Condition Learner’s Permit

(1) DMV will issue a special limited vision condition learner's permit when:

(a) An applicant has submitted a report from a licensed vision specialist certifying that the person meets the visual standards set forth in ORS 807.359, has been fitted with a bioptic telescopic lens mounted on or above a carrier lens, and would be aided by using a bioptic telescopic lens when operating a motor vehicle;

(b) An applicant submits proof to DMV that the person has been accepted and has enrolled in a rehabilitation training program with a specialist certified by DMV to train persons with a limited vision condition using a bioptic telescopic lens to drive;

(d) An applicant pays a $13 fee, as required by ORS 807.370.

(2) The special limited vision condition learner's permit will:

(a) Be valid for six months;

(b) Be in the form of a letter rather than a laminated card with picture;

(d) Include the following restrictions:

(A) Driving during daylight hours only; and

(B) The person must wear a bioptic telescopic lens device while driving.

(e) Be mailed to the rehabilitation training program with which the applicant has enrolled.

(3) If a person discontinues the required training or fails to make satisfactory progress toward a Certificate of Competency, the specialist must notify DMV immediately with a recommendation to terminate or extend the person's training program.

(4) If the specialist's recommendation is to terminate the applicant's training program or the applicant withdraws from the program, DMV will cancel the special limited vision condition learner's permit issued to the applicant. If the permit is cancelled, the applicant must reapply for a new permit and satisfy all the requirements set forth in section (1) of this rule. Knowledge test scores remain valid for two years.

(5) If the specialist's recommendation is to extend the applicant's training program, DMV will re-issue a special limited vision condition learner's permit for an additional six-month period if the applicant provides proof of continued enrollment in a rehabilitation training program, as set forth in subsection (1)(b) of this rule, and pays a $13 fee.

(6) A copy of the special limited condition learner's permit must be kept in the applicant's file at the school offering the rehabilitation training program.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 807.350 & 807.368
Statutes/Other Implemented: ORS 807.355 – 807.368
DMV 12-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

Or. Admin. R. 735-062-0330 Training Program for the Use of Bioptic Telescopic Lenses to Drive

(1) The training program for a person issued a special limited vision condition learner’s permit consists of:

(a) Theoreticalinstruction;

(b) Practicaltraining in critical object or condition awareness skills and use of a bioptic telescopic device; and

(2) Training must include a minimum of six hours of practical training and 15 hours of behind-the-wheel training while using a bioptic telescopic lens. The total amount of training in each category is dependent upon the person’s skill and will vary with driving experience and other factors, as determined by the rehabilitation specialist. No behind the wheel training can be conducted prior to the rehabilitation training program receiving the person’s special limited vision condition learner’s permit from DMV.

(3) Notwithstanding the minimum training requirements set forth in section (2) of this rule, a person who has never been issued a driver license in Oregon or another jurisdictionmust be provided a minimum of 30 hours theoretical training, six hours of practical training and 24 hours of behind-the-wheel training.

(4) Notwithstanding the minimum training requirements set forth in section (2) of this rule, a person who has been issued a driver license using the bioptic telescopic lens from Oregon, or another jurisdiction, must be provided a minimum of two hours training to be granted new privileges in Oregon. The specialist will assess and determine type and length of training required based on the experience and demonstration of safe driving.

(5) Theoretical instruction may include but not be limited to the following:

(a) Subject matter contained in the Oregon Driver’s Manual;

(b) Safe driving practices and traffic laws;

(d) Signs, signals, highway markings, and highway design features required for the safe operation of a motor vehicle;

(e) Driving emergencies such as brake or tire failure, skidding, stuck accelerator, and running off the roadway;

(f) Potential crash locations and situations such as intersections, hydroplaning, railroad crossing, multiple vehicle types in the traffic mix, and pedestrian traffic;

(g) Occupant restraint usage;

(h) Speeding as a major contributing factor in vehicle crashes; and

(i) Driver responsibility and accident reporting.

(6) Practical training must include, but not be limited to:

(a) Passenger-in-car training that reinforces defensive driving skills;

(b) Use of mirrors and blind spot checks;

(d) Proper and appropriate use of the bioptic telescopic lens system;

(e) Hazard perception skills; and

(f) Ability to change fixation in and out of his or her bioptic telescope effectively in one to two seconds or less per fixation, under stationery and dynamic conditions.

(7) Behind-the-wheel training must include demonstration, instruction and practice while using a bioptic telescopic lens, consisting of:

(a) Stopping;

(b) Starting;

(c) Recognizing and responding appropriately to traffic control devices, roadway markings, pedestrians, vehicles and other changes in the driving environment;

(d) Lane position;

(e) Controlling speed;

(f) Managing space around the vehicle by adjusting speed and position to avoid conflicts and reduce risk;

(g) Turning, including right and left turns at protected and unprotected intersections;

(h) Backing;

(i) Parking;

(j) How to enter, use and exit different types of intersections;

(k) Safe and courteous driving behavior;

(L) Driving in residential, business, light and heavy traffic situations; and

(m) Dealing with the unexpected — road construction, emergency vehicles, etc.

(8) In addition to the training described in sections (6) and (7) of this rule, practical and behind-the-wheel training may include a nighttime driving training program. A nighttime program must consist of at least two hours of behind-the-wheel training after dark in both well-lit and poorly-lit areas and on varying types of roadways, such as city streets, residential streets, highways and country roads, while using a bioptic telescopic lens.

(9) No behind-the-wheel nighttime driving training may be conducted prior to the rehabilitation training program receiving the following from DMV:

(a) A special limited vision condition learner’s permit without a driving during daylight hours only restriction, as described in OAR 735-062-0390(1); or

(b) A modified restriction letter allowing the person to drive at night with a rehabilitation training specialist, as described in OAR 735-062-0390(2).

(10) To successfully complete a nighttime driving training program, the rehabilitation specialist providing the training must certify the person is able to safely operate a motor vehicle at night while using a bioptic telescopic lens.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.368
Statutes/Other Implemented: ORS 807.355, 807.359, 807.363, 807.368 & 807.369
DMV 6-2018, amend filed 05/18/2018, effective 05/18/2018
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

Or. Admin. R. 735-062-0340 Qualifications to be Certified by DMV as a Rehabilitation Training Specialist

DMV will certify a person to be a rehabilitation training specialist for the express purpose of training limited vision condition applicants using a bioptic telescopic lens when the applicant meets the following qualifications:

(1) Has successfully completed the following three courses approved by TSO:

(a) Foundation of Traffic Safety Education;

(b) Fundamentals of Behind-the-Wheel Instruction; and

(2) Has either:

(a) A current valid certification by DMV as a commercial driver training instructor; or

(b) Approval by TSO as an educational facility traffic safety education instructor;

(3) Is currently employed by or works as an independent contractor for either:

(a) A DMV certified drive school operator that offers or proposes to offer a driver training program for persons with a limited vision condition who use a bioptic telescopic lens; or

(b) An education facility that offers or proposes to offer a driver training program for persons with a limited vision condition who use a bioptic telescopic lens.

(4) Has a minimum of 1000 hours of experience conducting behind-the-wheel driver training; and

(5) Has enrolled in and successfully completed either:

(a) A DMV sponsored or approved course that addresses how to screen, train and assess the driving potential of persons with a limited vision condition who use a bioptic telescopic lens; or

(b) A DMV approved training program with a certified rehabilitation training specialist or an equivalent specialist in another state that includes at least 20 hours of observation and learning experiences in how to screen, train and assess the driving potential of persons with a limited vision condition who use a bioptic telescopic lens.

(6) If the person has been previously certified as a rehabilitation training specialist, but that certification is canceled, the person is not eligible for re-certification for three years after the effective date of the cancellation.

History

Statutory/Other Authority: ORS 184.616, 184.619 & Sec. 5 & Ch. 277. OL 2003
Statutes/Other Implemented: Ch. 277 & OL 2003
DMV 38-2023, minor correction filed 11/21/2023, effective 11/21/2023
DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

Or. Admin. R. 735-062-0350 Rehabilitation Training Specialist Certificates

DMV will issue a certificate to a person DMV certifies as a rehabilitation training specialist.

(1) The certificate will:

(a) Include the name of the school for which the specialist is an instructor;

(b) Be valid for the calendar year in which it is granted;

(2) If the person’s is certified as a commercial driver training instructor and that certificate is suspended, revoked, or not renewed for any reason, the same action will apply to the person’s rehabilitation training specialist certificate.

(3) A specialist who is not a certified commercial driver training school instructor will lose certification as rehabilitation training specialist if that person is no longer approved by TSO.

(4) If the person is certified as a commercial driver training instructor that certificate will not be affected if the person’s rehabilitation training specialist certificate is suspended for violation under OAR 735-062-0360.

(5) The rehabilitation training specialist certificate must be displayed in the school business location. A copy of the certificate must be kept in the rehabilitation specialist file maintained by the school.

History

Statutory/Other Authority: ORS 184.619, 184.619 & Sec. 5 & Ch. 277. OL 2003
Statutes/Other Implemented: Ch. 277 & OL 2003
DMV 39-2023, minor correction filed 11/21/2023, effective 11/21/2023
DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

Or. Admin. R. 735-062-0360 Regulation of Rehabilitation Specialists and Programs Offered

DMV will regulate a person certified as a rehabilitation training specialist as well as the training program that the specialist provides to persons issued a special limited vision condition learner’s permit.

(1) DMV may, without prior notice, send a representative to observe any part of the training given by a specialist to a person with a limited vision condition who uses a bioptic telescopic lens. If DMV determines that the training provided does not meet the requirements of OAR 735-062-0330 DMV may:

(a) Issue a written warning describing areas that must be improved within 30 days or the rehabilitation training specialist certificate will be suspended until improvement is made; or

(b) Require the person to attend more training on the usage of bioptic telescopic lens for driving, within three months, in order to retain the rehabilitation training specialist certificate.

(2) The specialist must provide records to the school for a driver with telescopic lens to be retained as required for any other student of the commercial driver training school or educational facility.

(3) A specialist must not provide behind-the-wheel training to the person with a limited vision condition until the person’s special limited vision condition learner’s permit is received. A failure to comply with the restriction of the special limited vision condition learner’s permit will result in the sanctioning of the rehabilitation training specialist certificate as follows:

(a) A 30-day suspension for the first offense;

(b) A 60-day suspension for the second offense within a three year period; and

(4) Failure to comply with OAR 735-062-0320(6), 735-062-0350(5), or 735-062-0360(2) will result in:

(a) For a first offense a written warning;

(b) For a second offense a suspension of the rehabilitation specialist certificate for five days;

(5) If a limited vision condition applicant is unable to pass a DMV drive test in two attempts, DMV may question the validity of the Certificate of Competency issued by the specialist. DMV may require the specialist to accompany the applicant and a DMV representative on a drive. If the applicant clearly does not demonstrate driving ability to be issued a Certificate of Competency as described in OAR 735-062-0370, DMV may suspend the rehabilitation specialist certificate until the specialist can show that he or she has attended additional specific instruction in the training of limited vision condition drivers using a bioptic telescopic lens deemed acceptable by DMV or the emphasis of the training has changed to properly train a limited vision condition driver.

History

Statutory/Other Authority: ORS 184.616, 184.619 & Sec. 5 & Ch. 277. OL 2003
Statutes/Other Implemented: Ch. 277 & OL 2003
DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

Or. Admin. R. 735-062-0370 Issuance of Certificate of Competency

(1) Before DMV will issue a driver license or driver permit to a person with a limited vision condition, a specialist must issue a Certificate of Competency showing the person has successfully completed a rehabilitation training program.

(2) To issue a Certificate of Competency, the specialist must certify the person:

(a) Has successfully completed a rehabilitation training program;

(b) Has demonstrated the physical, mental and social driving skills necessary to safely operate a motor vehicle in a manner that does not increase the likelihood of hazard or collision under the restricted driving conditions allowed for a driver with a limited vision condition; and

History

Statutory/Other Authority: ORS 184.616, 184.619 & Sec. 5 & Ch. 277. OL 2003
Statutes/Other Implemented: Ch. 277 & OL 2003
DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

Or. Admin. R. 735-062-0380 Issuance of a Permit or Driver License to a Person with a Limited Vision Condition

When a person with a limited vision condition has successfully completed a rehabilitation training program as described in OAR 735-062-0320(1)(b), and has received a certificate of competency from the specialist who conducted the person's training, the person may apply to DMV for an instruction permit or a driver license. To obtain an instruction permit or driver license, the person must meet all applicable requirements, except the eyesight check described in OAR 735-062-0050.

(1) To be issued a driver license, the person must successfully pass the drive test described in OAR 735-062-0070 and pay all required fees.

(2) DMV will issue a restricted driver license or instruction permit to a person with a limited vision condition as follows:

(a) Driving during daylight hours only, except as provided in OAR 735-062-0390; and

(b) The person must wear a bioptic telescopic lens device while driving.

(3) An instruction permit allows the person to operate a motor vehicle only when accompanied by a licensed driver at least 21 years of age.

History

Statutory/Other Authority: ORS 184.616, 184.619, Sec. 5, Ch. 277. OL 2003, Ch. 588 & OL 2007
Statutes/Other Implemented: Ch. 277, OL 2003, Ch. 588 & OL 2007
DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

Or. Admin. R. 735-062-0385 Maintaining Qualification Under the Limited Vision Condition Program or Cancellation

(1) Beginning two years from the date of issuance and at least every two years thereafter, a person issued a license under ORS 807.363 must be examined by a licensed vision specialist and submit to DMV a Report of Limited Vision Examination form signed by the licensed vision specialist certifying the person meets the vision requirements under ORS 807.359. If the person’s driving privileges are not restricted to daylight driving only, the Report of Limited Vision Examination form must indicate that the person is able to safely operate a motor vehicle at night.

(2) Approximately 90 days before the vision requirements described in section (1) of this rule are due DMV will issue the person a notice of cancellation and Report of Limited Vision form (DMV form 735-24A) for completion by the person’s vision specialist. DMV will cancel the person’s driving privileges if the Report of Limited Vision Examination form (DMV form 735-24A) is not completed and submitted to DMV within 90 days of the date DMV issues a notice of cancellation or the person fails to meet the vision requirements as set forth in section (1) of this rule.

(3) DMV will issue a driver license with a daylight driving only restriction if the Report of Limited Vision Examination form (DMV form 735-24A) submitted pursuant to section (1) of this rule does not include the nighttime driving vision specialist certification.

(4) A Report of Limited Vision Examination form (DMV form 735-24A) must be received by DMV no later than two years from the examination date of the most recentlysubmitted report.

(5) DMV will reissue the driving privileges cancelled for less than one year under section (2) of this rule when the person:

(a) Submits a Report of Limited Vision Examination form (DMV form 735-24A) showing the person meets the vision requirements under ORS 807.359;

(b) Passes a DMV drive test demonstrating the person is fit to operate a vehicle safely on the highways of this state; and

(6) DMV will issue driving privileges, in accordance with ORS 807.363, to a person whose driving privileges have been cancelled for a year or more under section (2) of this rule when the person successfully completes a rehabilitation training program along with meeting the requirements of section (5) of this rule.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 807.363, 807.350 & 809.310
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 6-2018, amend filed 05/18/2018, effective 05/18/2018
DMV 18-2013, f. 12-20-13, cert. ef. 1-1-14
DMV 20-2009, f. & cert. ef. 10-27-09

Or. Admin. R. 735-062-0387 Hearing Following a Cancellation of Driving Privileges Issued to a Person with a Limited Vision Condition

(1) A person may request a contested case hearing for a cancellation ordered under OAR 735-062-0385 (3).

(2) A request for a must be in writing and must:

(a) Include the person’s full name;

(b) Be received by DMV or postmarked within 90 days of the date of the notice.

(3) Be submitted on the form to request an APA hearing on DMV’s website, mailed or personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, Oregon 97314, or if sent by facsimile machine (FAX), received by DMV at FAX number (503) 945-5521.

(4) A hearing request should also include the person’s: address; driver license number; date of birth; and telephone number.

(5) The cancellation will not be rescinded pending the outcome of the hearing as DMV has determined there is a serious danger to the public health, safety, or welfare when a person has not provided necessary documentation that their vision continues to meet necessary standards to be issued driving privileges under the program for persons with a limited vision condition.

(6) The Office of Administrative Hearings will conduct hearings held on driver permit or driver license cancellations cases in accordance with 183.310 to 183.550.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 807.350 & 807.363
DMV 6-2018, adopt filed 05/18/2018, effective 05/18/2018

Or. Admin. R. 735-062-0390 Driving Privileges without a Daylight Hours Restriction for Persons with a Limited Vision Condition

(1) When an applicant meets the requirements in OAR 735-062-0320 for a special limited vision condition learner’s permit, DMV will issue the special limited vision condition learner’s permit without a driving during daylight hours only restriction, if the applicant also submits:

(a) A report from a licensed vision specialist certifying that the person’s vision condition will allow the person to safely operate a motor vehicle at night; and

(b) Proof of enrollment in a nighttime driving training program as described in OAR 735-062-0330 (8).

(2) To participate in behind-the-wheel nighttime driving training, a person with a special limited vision condition learner’s permit, an instruction permit or a driver license that has a driving during daylight hours only restriction must provide DMV with:

(a) The name of the rehabilitation specialist;

(b) Date(s) of the nighttime training; and

(c) A report from a licensed vision specialist certifying that the person’s vision condition will allow the person to safely operate a motor vehicle at night.

(3) If the person qualifies, DMV will send a modified restriction letter to the rehabilitation training specialist to allow the person to drive during nighttime training.

(4) DMV may issue an instruction permit or regular driver license without a driving during daylight hours only restriction to a person with a limited vision condition, or may remove the restriction from the person’s driving privileges if the person submits to DMV:

(a) A report from a licensed vision specialist certifying that the person’s vision condition will allow the person to safely operate a motor vehicle at night. If this report also certifies that the person’s vision meets the vision requirements under ORS 807.359, no other vision report will be required for two years; and

(b) A certificate issued by a rehabilitation training specialist certifying that the person has completed a nighttime driving training program as described in OAR 735-062-0330 (8) and can safely operate a motor vehicle at night.

(5) If DMV has issued an instruction permit without a daylight only restriction to a person who later qualifies for a driver license, that license will be issued without a daylight only restriction as well.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.369
Statutes/Other Implemented: 807.369, ORS 807.359 & 807.363
DMV 6-2018, amend filed 05/18/2018, effective 05/18/2018
DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08

Division 63 COMMERCIAL DRIVING PRIVILEGE PROVISIONS

Or. Admin. R. 735-063-0200 Purpose

(1) Chapter 735, division 63 establishes rules for those requirements and processes that are specific to the granting of commercial driving privileges, the retention of those privileges and DMV’s sanctioning of those privileges. A person applying for commercial driving privileges must already have a Class C non-commercial license issued by the State of Oregon, or must meet all qualifications for the license. The administrative rules in OAR 735, division 62, regarding the procedures related to the issuance, renewal or replacement of a Class C non-commercial driver license or driver permit also apply to a non-Real ID CDL or a CLP except as specified in these rules. The administrative rules in OAR 735, division 62, regarding the procedures related to the issuance, renewal or replacement of a Real ID Class C non-commercial driver license also apply to a Real ID CDL except as specified in these rules.

(2) The following rules in OAR 735, division 62 do not apply to a CDL or a CLP:

(a) OAR 735-062-0002;

(b) OAR 735-062-0005;

(d) OAR 735-062-0035;

(e) OAR 735-062-0080;

(f) OAR 735-062-0085; and

(g) OAR 735-062-300 to 735-062-0390.

(3) The other rules in OAR 735, division 62, are applicable to commercial driving privileges either in whole or as specified in the rules below.

(4) Due to FMCSA’s Final Rule, “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL)” (effective March 16, 2026), and FMCSA’s Preliminary Determination of Noncompliance (January 20, 2026) issued to the State of Oregon, DMV is permanently ceasing the issuance of an original, renewal, or replacement limited-term CLP or CDL. This cessation is effective as of March 16, 2026, and includes amending, correcting, reprinting, reinstating or otherwise duplicating a previously issued limited-term CLP or CDL or completing any transaction that results in the production of a limited-term CLP or CDL card or interim card.

(5) Due to FMCSA issuing exemption 91 FR 27483 on May 14, 2026, which revoked Oregon’s September 25, 2024, exemption (89 FR 78428) that allowed DMV to issue a full‑term CDL or CLP to a citizen of a nation with a Compact of Free Association (COFA) who is not a lawful permanent resident or a U.S. citizen, DMV is ceasing the issuance, renewal, reinstatement, replacement, or upgrading of any CLP or CDL for these individuals, effective May 14, 2026, unless the individual provides proof of lawful permanent residency in the United States or U.S. citizenship as described in Table 1 to § 383.71. COFA nations are the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.168 & 807.455
Statutes/Other Implemented: ORS 807.018, 807.031, 807.035, 807.045, 807.120, 807.168, 807.173, 807.285, 809.510, 809.515, 809.520, 809.525, 809.530, 809.535, 809.540, 809.545, 49 CFR Part 383, § 383.71, table 1, 49 CFR Part 384, 91 Fed Reg 7044 (February 13, 2026) & 91 Fed Reg 27483 (May 14, 2026)
DMV 31-2026, amend filed 08/13/2026, effective 08/18/2026
DMV 10-2026, temporary amend filed 03/13/2026, effective 04/11/2026 through 10/07/2026
DMV 9-2026, temporary amend filed 03/12/2026, effective 03/16/2026 through 04/10/2026
DMV 8-2026, temporary amend filed 03/12/2026, effective 03/16/2026 through 04/10/2026
DMV 13-2025, temporary amend filed 10/13/2025, effective 10/13/2025 through 04/10/2026
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-063-0205 Definitions

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) “Commercial driving privileges” or “CDP” has the meaning set forth in ORS 801.207.

(11) “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.

(12) “CSTIMS”, means the Commercial Skills Test Information Management System, a web-based system for scheduling and reporting CDL skills tests information and results.

(13) “DACH” means the FMCSA Drug and Alcohol Clearinghouse.

(14) “Disqualifying condition” means one or more medical conditions not meeting FMCSA physical qualification standards as set forth in 49 CFR 391.41(b).

(15) “DMV” means the Oregon Department of Transportation, Driver and Motor Vehicle Services Division.

(16) “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

(17) “ELDT” means Entry-Level Driver Training required under 49 CFR Part 380, Subpart F.

(18) “Fifth wheel hitch” has the meaning set forth in ORS 801.275.

(19) “FMCSA” means the Federal Motor Carrier Safety Administration of the United States Department of Transportation.

(20) “First-time Real ID” means the first time DMV issues an Oregon Real ID to an applicant and may be issued as an original, renewal or replacement driver license, driver permit or identification card, depending on the privilege that the applicant possesses.

(21) “Intrastate commerce” has the meaning set forth in 49 CFR § 390.5 and includes any trade, traffic or transportation taking place exclusively within Oregon.

(22) “Lawful status” means, for the purpose of applying for a Real ID driver license, driver permit or identification card, has the meaning set forth in 6 CFR §37.3.

(23) “Medical Determination Officer” means a physician, nurse practitioner or physician associate, licensed to provide health care services by the State of Oregon, and is employed or designated by DMV to make medical determinations of a driver’s medical eligibility for driving privileges.

(24) “Medical Specialist” means a person who is licensed as a doctor of medicine, a doctor of osteopathic medicine, an optometrist or an audiologist.

(25) “National Registry of Certified Medical Examiners” or “National Registry” means the database that lists certified medical examiners authorized to conduct physical examinations for CMV drivers and provides current information on a CMV driver’s medical qualifications.

(26) “Physician” has the meaning set forth in ORS 807.710.

(27) “Real ID” has the meaning set forth in ORS 807.450, and is marked with the distinguishing feature of a star in the upper right corner.

(28) “SPE certificate” means a Skill Performance Evaluation certificate issued by FMCSA pursuant to 49 CFR 391.49 to a person who demonstrates the ability to safely operate a CMV in spite of limb impairment or loss.

(29) “TPR” means the Training Provider Registry, an electronic system operated by FMCSA to list certified training providers and provide access to training providers to report ELDT completion information.

(30) “Waiver of Physical Disqualification” or “waiver” means a waiver issued by DMV to a driver who does not meet certain physical qualifications required for drivers of CMVs as set forth in 49 CFR 391.41(b).

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.450, 807.460 & 6 CFR §37.3
Statutes/Other Implemented: ORS 807.040, 807.100 & 807.450
DMV 3-2025, amend filed 03/25/2025, effective 06/23/2025
DMV 33-2024, amend filed 12/04/2024, effective 12/04/2024
DMV 31-2024, temporary amend filed 11/05/2024, effective 11/14/2024 through 05/12/2025
DMV 9-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 2-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 27-2017, amend filed 12/19/2017, effective 01/01/2018
Renumbered from 735-063-0000, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 7-2011, f. & cert. ef. 6-21-11
DMV 8-2010, f. & cert. ef. 3-17-10
DMV 4-2009, f. & cert. ef. 2-20-09

Or. Admin. R. 735-063-0210 CDL or CLP Medical Standards

(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.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.040 & 809.419
Statutes/Other Implemented: ORS 807.040, 807.100, 809.419 & 49 CFR §391.41 – §391.49
DMV 13-2022, amend filed 09/21/2022, effective 09/21/2022
DMV 38-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 21-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 28-2018, minor correction filed 08/16/2018, effective 08/16/2018
Renumbered from 735-063-0050, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 7-2011, f. & cert. ef. 6-21-11
DMV 8-2010, f. & cert. ef. 3-17-10
DMV 4-2009, f. & cert. ef. 2-20-09
Renumbered from 735-074-0260, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08
DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05
DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0140
MV 11-1992, f. & cert. ef. 9-28-92
MV 6-1990, f. & cert. ef. 4-2-90
MV 24-1988, f. & cert. ef. 7-1-88
MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0730

Or. Admin. R. 735-063-0220 Proof of Medical Qualification for a CDL or CLP

(1) Proof of medical qualification for a CDL or CLP for a person who certifies a driving type of non-excepted interstate is:

(a) A CDLIS driver record that indicates the person is medically certified as physically qualified to operate a CMV in interstate commerce; or

(b) Valid medical certification information transmitted electronically from the National Registry and posted to the CDLIS driver record that indicates the person is physically qualified to operate a CMV in interstate commerce. When indicated in the medical certification information that the driver must have a federal exemption or SPE certificate, one or both of the following must be electronically transmitted from the FMCSA:

(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.

(2) Proof of medical qualification for a CDL or CLP for a person who certifies a driving type of excepted interstate or non-excepted intrastate is:

(a) A CDLIS driver record that indicates the person is medically certified as physically qualified to operate a CMV in excepted interstate or non-excepted intrastate; or

(b) Valid medical certification information transmitted electronically from the National Registry and posted to the CDLIS driver record that indicates the person is physically qualified to operate a CMV in intrastate commerce. When indicated in the medical certification information, the CDLIS driver record must include a valid unexpired Waiver of Physical Disqualification issued by DMV under the conditions described in OAR 735-063-0240.

(3) DMV may require valid medical certification information to be electronically transmitted from the National Registry to DMV that shows the medical examiner certification was issued after the date of a mandatory or non-mandatory report submitted on the driver that resulted in DMV taking action under the At-Risk Driver Program.

(4) For purposes of section (3) of this rule, when indicated in the medical certification information transmitted from the National Registry the certification information must be accompanied by one or more of the following: a notice of exemption, SPE certificate or a Waiver of Physical Disqualification.

(5) The National Registry electronically transmits medical certification information for CDL and CLP applicants and holders, voided medical examiner certifications, any medically unqualified status, and rescinded federal exemptions and SPE certificates.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.040 & 807.100
Statutes/Other Implemented: ORS 807.040, 807.100, 49 CFR §383.71, 49 CFR §383.73 & 49 CFR §391.41 – §391.49
DMV 3-2025, amend filed 03/25/2025, effective 06/23/2025
DMV 30-2021, amend filed 11/23/2021, effective 11/23/2021
DMV 8-2021, temporary amend filed 05/14/2021, effective 06/01/2021 through 11/27/2021
DMV 33-2020, amend filed 12/02/2020, effective 12/02/2020
DMV 6-2019, amend filed 02/21/2019, effective 03/01/2019
Renumbered from 735-063-0060, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 7-2011, f. & cert. ef. 6-21-11
DMV 8-2010, f. & cert. ef. 3-17-10
DMV 4-2009, f. & cert. ef. 2-20-09
Renumbered from 735-074-0280, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08
DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0160
DMV 16-2003, f. & cert. ef. 11-18-03
MV 16-1991, f. 9-18-91, cert. ef. 9-29-91
MV 6-1990, f. & cert. ef. 4-2-90
MV 24-1989, f. & cert. ef. 10-3-89
MV 24-1988, f. & cert. ef. 7-1-88
MV 4-1987, f. & ef. 5-18-87, Renumbered from 735-031-0750
MV 11-1986, f. 6-27-86, ef. 7-1-86

Or. Admin. R. 735-063-0230 Medical Qualification Procedures for CDL or CLP

(1) An applicant for a CDL or CLP must be medically examined and certified in accordance with 49 CFR 391.43 as physically qualified to operate a CMV by a medical examiner, as defined in 49 CFR 390.5. The medical certification information is uploaded by a medical examiner to the National Registry and transmitted electronically to DMV. The information provided to DMV is proof of medical qualification, as described in OAR 735-063-0220. DMV will not issue a CDL or CLP if the person does not have a valid Medical Examiner’s Certification on file or if DMV receives information from the National Registry that a person’s proof of medical qualification is denied, rescinded, voided or revoked.

(2) To maintain proof of medical qualification to operate a CMV, the holder of a CDL or CLP must have valid medical certification information in the CDLIS driver record. Proof of medical qualification must be electronically transmitted from the National Registry to DMV to be accepted by DMV.

(3) DMV is not responsible for any expenses a CDL or CLP applicant or holder may incur to obtain and maintain medical certification or to update the National Registry.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.040
Statutes/Other Implemented: ORS 807.040, 807.100 & 807.150
DMV 3-2025, amend filed 03/25/2025, effective 06/23/2025
Renumbered from 735-063-0065, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 12-2012, f. & cert. ef. 9-20-12
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12
DMV 7-2011, f. & cert. ef. 6-21-11
DMV 4-2009, f. & cert. ef. 2-20-09
Renumbered from 735-074-0290, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08
DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0170
DMV 11-1998, f. & cert. ef. 9-14-98
MV 6-1990, f. & cert. ef. 4-2-90
MV 4-1987, f. & ef. 5-18-87
MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0760

Or. Admin. R. 735-063-0240 Waiver of Physical Disqualification

(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

(4) Except as provided in sections (3) and (12) of this rule, DMV will not issue or renew a Waiver of Physical Disqualification to a person who does not meet the physical qualification standards set forth in 49 CFR 391.41(b).

(5) To apply for a Waiver of Physical Disqualification, an applicant must submit the following:

(a) A completed waiver application form, including:

(A) A current FMCSA medical examination report completed by a certified medical examiner listed on the FMSCA National Registry of Certified Medical Examiners. The report must show that notwithstanding the disqualifying condition, the applicant meets all other physical qualification standards as set forth in 49 CFR 391.41(b);

(B) Current medical information regarding the disqualifying condition from a treating medical specialist specializing in the assessment and treatment of the type of disqualifying condition for which the applicant is requesting a waiver; and

(C) If requested by DMV, a copy of the applicant's out-of-state driver record if the applicant has held a driver license in another jurisdiction during the three-year period preceding the date of application.

(b) If requested by DMV, additional information showing that the disqualifying condition does not impair the person's ability to safely operate a CMV in intrastate commerce.

(6) The Medical Determination Officer will review an application for an original waiver or for renewal of a waiver and make a recommendation to DMV whether to approve or deny the waiver.

(a) The Medical Determination Officer review will be conducted using medical waiver guidelines. These guidelines are criteria maintained by the Medical Determination Officer and are available from DMV.

(b) The Medical Determination Officer may request additional information from DMV or the applicant before making a recommendation.

(7) Records relating to an applicant or the holder of a current waiver may be reviewed at any time by DMV to determine if the person is qualified to hold the waiver and is complying with the restrictions and conditions of the waiver. The review may include a recommendation from the Medical Determination Officer. DMV may use the information from these records or a recommendation from the Medical Determination Officer as a basis for denial of a waiver or for revocation of an existing waiver as specified in OAR 735-063-0350(4). Records include but are not limited to:

(a) Driving record;

(b) Accident record;

(d) Medical records.

(8) If DMV has reason to believe the holder of a Waiver of Physical Disqualification is no longer qualified for the waiver, DMV:

(a) May immediately revoke the waiver as specified in OAR 735-063-0350;

(b) May request in writing that the holder submit any information requested by DMV in order for DMV to determine if the holder remains eligible for the waiver. The holder must submit any requested information to DMV within 60 days of the date the written request is mailed. Failure to submit the requested information will result in revocation of the waiver as set forth in OAR 735-063-0350(3). DMV may grant an additional 30 days if:

(A) The person is seriously ill or injured and DMV receives a written request from a physician for an extension;

(B) The person is temporarily out of state and DMV receives a written request for an extension from the person; or

(C) The person can show that the information was requested from another party within the 60 day period and the delay in submitting the information was caused by the other party.

(9) To be eligible for a Waiver of Physical Disqualification, a driver must:

(a) Qualify for commercial driving privileges, have a valid Oregon CDL or CLP, or be an Oregon licensed driver employed by or seeking employment with a carrier to operate a CMV only in Oregon intrastate commerce;

(b) Have driving privileges that are not suspended, revoked, cancelled or withdrawn in Oregon or any other jurisdiction;

(c) Have a Waiver of Physical Disqualification that is not currently denied or revoked as specified in OAR 735-063-0350(1) or 735-063-0350 (4);

(d) Apply for the Waiver of Physical Disqualification as explained in section (4) of this rule; and

(e) Receive a recommendation for waiver approval from the Medical Determination Officer.

(10) Any driver issued a waiver must comply with the following conditions:

(a) Notify DMV within 10 days of any change in the driver's physical condition or any other condition pertaining to the need for the waiver, modification of the waiver or revocation of the waiver;

(b) Notify DMV of any crash, arrest or conviction involving the use of a motor vehicle within 30 days of the crash or within 10 days of the arrest or conviction;

(c) Notify DMV within 10 days of any suspension, cancellation, revocation or withdrawal of driving privileges in a jurisdiction other than Oregon;

(d) Carry a copy of the medical waiver and any listed waiver conditions at all times while operating a CMV and make the waiver and waiver conditions available to enforcement personnel upon request;

(e) Operate a CMV only in Oregon intrastate commerce. This subsection does not apply to a driver who is 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 an approved medical certificate under ORS 807.100; and

(f) Comply with all waiver conditions related to the disqualifying condition as noted on the Waiver of Physical Disqualification.

(11) The waiver is valid for a period not to exceed the expiration date of the driver's medical certificate.

(12) Incomplete waiver applications are invalid 180 days after receipt by DMV and DMV will take no action to deny or approve the application. After this period, the person must reapply for a waiver in accordance with all of the requirements of this rule.

(13) DMV will renew a Waiver of Physical Disqualification issued for a sleep disorder or cardiac condition if the waiver was in effect on August 10, 2009, and all other requirements set forth in section (9) of this rule are met.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 807.040 & 807.150
DMV 13-2022, amend filed 09/21/2022, effective 09/21/2022
DMV 38-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 21-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 34-2018, minor correction filed 08/20/2018, effective 08/20/2018
DMV 29-2018, minor correction filed 08/16/2018, effective 08/16/2018
Renumbered from 735-063-0070, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 12-2012, f. & cert. ef. 9-20-12
DMV 7-2011, f. & cert. ef. 6-21-11
DMV 8-2010, f. & cert. ef. 3-17-10
DMV 4-2009, f. & cert. ef. 2-20-09
Renumbered from 740-100-0140, DMV 9-2008, f. & cert. ef. 3-21-08
Reverted to MCTB 4-2000, f. & cert. ef. 6-12-00
Renumbered from 740-100-0140, DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08
MCTB 4-2000, f. & cert. ef. 6-12-00

Or. Admin. R. 735-063-0250 Knowledge Testing and Requirements for Issuance of CLP

(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.

(6) For purposes of this rule, an applicant who previously completed a knowledge test for the issuance of a CDL, as demonstrated by the applicant's current unexpired CDL, or the applicant's CDL that has been expired no more than one year, is not required to retake that knowledge test for DMV to issue a CLP. In the case of a replacement CLP, an applicant who previously completed a knowledge test for the issuance of a CLP, as demonstrated by the person's current unexpired CLP, is not required to retake that knowledge test.

(7) All knowledge tests are administered in English. DMV does not allow the use of an interpreter or language aid.

(8) In addition to all requirements of OAR 735-062-0007(1) listed in subsections (e) through (i), an applicant for a CLP must:

(a) Provide the applicant's Social Security number on the application. DMV will verify the Social Security number as described in OAR 735-062-0005;

(b) Provide proof of United States citizenship or lawful permanent residence in the United States.

(A) Proof of United States citizenship is:

(i) A certified copy of a birth certificate issued by a U.S. Territorial government, the District of Columbia or the government of a state or political subdivision of a state of the United States. DMV will not accept a hospital-issued birth certificate, hospital card or birth registration, or baptismal certificate.

(ii) U.S. Consular Report of Birth Abroad (FS-240).

(iii) U.S. government-issued Certification of Report of Birth (DS-1350 or FS-545).

(iv) A valid, unexpired United States passport.

(v) A valid, unexpired United States passport card.

(vi) A valid, unexpired United States Territory passport.

(vii) Certificate of Citizenship (N560 and N561).

(viii) Certificate of Naturalization (N550, N570 and N578).

(B) Proof of lawful permanent residence in the United States is a valid, unexpired Permanent Resident card (I-551).

(d) Provide proof of medical qualification as described in OAR 735-063-0220; and

(e) Satisfy all requirements set forth in ORS 807.285.

(9) An applicant for a CLP is subject to the provisions of OAR 735-062-0007(2) to (9).

(10) DMV shall issue a CLP only as a non-REAL ID CLP.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.168
Statutes/Other Implemented: ORS 807.018, 807.031, 807.035, 807.070, 807.168, 807.285 & 91 Fed Reg 27483 (May 14, 2026)
DMV 31-2026, amend filed 08/13/2026, effective 08/18/2026
DMV 10-2026, temporary amend filed 03/13/2026, effective 04/11/2026 through 10/07/2026
DMV 9-2026, temporary amend filed 03/12/2026, effective 03/16/2026 through 04/10/2026
DMV 8-2026, temporary amend filed 03/12/2026, effective 03/16/2026 through 04/10/2026
DMV 13-2025, temporary amend filed 10/13/2025, effective 10/13/2025 through 04/10/2026
DMV 10-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 4-2025, temporary amend filed 05/08/2025, effective 05/08/2025 through 11/03/2025
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 21-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 30-2018, minor correction filed 08/16/2018, effective 08/16/2018
DMV 14-2017, amend filed 09/26/2017, effective 09/26/2017
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-063-0260 CDL Testing and Requirements for Issuance of CDL

(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) 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;

(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.

(2) For a DMV examiner or CDL Third Party Examiner to administer a CDL skills test to an applicant, the applicant must:

(a) Have an unexpired Oregon driver license;

(b) Except as described in sections (15) and (16) of this rule, have an unexpired Oregon CLP that was issued not less than 14 days prior to the test;

(d) Complete all required ELDT;

(e) Be ready to take the test in a class of vehicle or combination of vehicles that corresponds to or is lesser than the CLP, class, endorsements, and restrictions, possessed by the applicant and that corresponds to the CDL for which the person is applying;

(f) Have proof of insurance coverage on the vehicle as required by Oregon law;

(g) Complete all segments of the CDL skills test on the same calendar day unless the applicant fails or is unable to complete all three parts of the CDL skills test during a previous attempt; and

(h) Communicate with the examiner in English. All examiner instructions are given in English and the applicant must respond in English.

(3) In addition to the applicants described in section (2) of this rule, a CDL Third Party Examiner may administer a CDL skills test to an applicant who:

(a) Has a valid non-commercial driver license issued by another state;

(b) Has a valid CLP issued by the same state as the non-commercial driver license described in subsection (a) of this section, that was issued not less than 14 days prior to the test;

(d) Is employed by an organization that provides employer-based training in Oregon and is an Oregon DMV approved employer-based testing organization;

(e) Has completed the employer provided ELDT in Oregon; and

(f) Is being tested by the same organization that provided ELDT.

(4) DMV adopts the following FMSCA regulations in effect as of April 1, 2025, as the standards that must be followed by an examiner in the administration of an approved CDL skills test described in section (15) of this rule:

(a) 49 CFR 383.71, Driver Applicant and Certification Procedures;

(b) 49 CFR 383.110 through 383.123, Required Knowledge and Skills; and

(5) The CDL skills test must be administered in accordance with the federal regulations adopted by section (4) of this rule and the methods and procedures set forth in the Oregon CDL Examiner's Manual. The CDL skills test consists of three parts:

(a) A pre-trip vehicle inspection test. This part of the CDL skills test must be the first test administered by the examiner. It is designed to evaluate the applicant's ability to identify and operate the equipment on the vehicle in which the applicant is being tested and to detect and identify unsafe vehicle equipment items as described in the Oregon Commercial Driver Manual.

(b) A basic control skills test. This part of the CDL skills test must be administered after the applicant has successfully completed the pre-trip vehicle inspection test and prior to the on-road drive test. It is designed to evaluate the applicant's ability to control the vehicle and judge the position of the vehicle in relation to other objects through basic starting, stopping, backing and parking maneuvers.

(c) An on-road drive test. This part of the CDL skills test, which must be administered after successful completion of the basic control skills test, is designed to evaluate the applicant's competency to safely operate a vehicle or combination of vehicles under actual driving conditions. The applicant must demonstrate safe and proper driving methods and procedures and knowledge of the traffic laws. The following apply to an on-road drive test:

(A) The vehicle or combination of vehicles used for the CDL skills test must be of the class for which the applicant seeks a license or endorsement and must have the proper equipment in safe working order so that the vehicle(s) can be operated safely and legally. DMV will not administer the test if the examiner concludes the vehicle cannot be operated safely and legally; and

(B) The vehicle or combination of vehicles must not be loaded.

(6) If the applicant fails any part of the CDL skills test, DMV or a CDL Third Party Tester may administer the failed parts of the test on a subsequent day on which DMV or the CDL Third Party Tester does business. CDL Third Party Examiners must conform to the scheduling requirements in OAR 735-060-0105(1)(n).

(7) If an applicant fails any part of the CDL skills test, DMV or an approved Third Party Tester may accept the score for the part of the CDL skills test that the applicant passed. An applicant must pass all segments of the CDL skills test using a single CDL test version, described under section (15) of this rule. Scores for parts of the CDL skills test that the applicant passed may not be accepted for subsequent CDL skills test after the applicant's CLP expires.

(8) All CDL skills test results must be recorded in CSTIMS.

(9) A passing score for a completed CDL skills test is valid for six months. Once an applicant uses a CDL skills test score to have DMV issue commercial driving privileges, the test score is void and DMV may not use the test score for a subsequent issuance.

(10) If a CDL skills test administered by DMV is not completed because of vehicle equipment failure due to the vehicle not having the necessary safety equipment or not being in proper working order, the required test fee will remain on the DMV customer record to serve as payment for a postponed test. If an applicant must postpone a CDL skills test three times due to equipment failure, it is a test failure and the test fee is forfeited. DMV will require an additional test fee for subsequent tests.

(11) An applicant for a CDL with a hazardous materials endorsement must meet the requirements described in OAR 735-063-0290.

(12) If an applicant is applying for a Real ID CDL, the applicant is not required to comply with the provisions in section (1)(c)(D) of this rule.

(13) An applicant for a Real ID CDLmust first be issued a non-Real ID CLP and pass a CDL skills test unless the applicant surrenders a valid CDL issued by another state or the District of Columbia and the applicant:

(a) Meets social security number verification requirements set forth in OAR 735-062-0006;

(b) Provides proof of:

(A) United States citizenship as described in OAR 735-062-0022(3); or

(B) Permanent Legal residence in the United States as described in OAR 735-062-0022(4);

(d) Provides proof of medical qualification as described in OAR 735-063-0220; and

(e) Satisfies all requirements set forth in ORS 807.285.

(14) A CDL Examiner must use one of the following approved CDL skills test versions to test an applicant:

(a) AAMVA CDL skills test version March 2025, along with the corresponding examiner policy manual, in effect on June 1, 2025; or

(b) The ODOT CDL Skills Test in effect on March 1, 2022, which is approved for use by a CDL examiner through May 31, 2026.

(15) Due to FMCSA’s Final Rule, “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL)” (effective March 16, 2026), and FMCSA’s Preliminary Determination of Noncompliance (January 20, 2026) issued to the State of Oregon, DMV is permanently ceasing the issuance of an original, renewal, or replacement limited-term CLP or CDL. This cessation is effective as of March 16, 2026, and includes amending, correcting, reprinting, reinstating or otherwise duplicating a previously issued limited-term CLP or CDL or completing any transaction that results in the production of a limited-term CLP or CDL card or interim card.

(16) Due to FMCSA issuing exemption 91 FR 27483 on May 14, 2026, which revoked Oregon’s September 25, 2024, exemption (89 FR 78428) that allowed DMV to issue a full‑term CDL or CLP to a citizen of a nation with a Compact of Free Association (COFA) who is not a lawful permanent resident or a U.S. citizen, DMV is ceasing the issuance, renewal, reinstatement, replacement, or upgrading of any CLP or CDL for these individuals, effective May 14, 2026, unless the individual provides proof of lawful permanent residency in the United States or U.S. citizenship as described in Table 1 to § 383.71. COFA nations are the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.085, 807.168, 807.455 & 807.480
Statutes/Other Implemented: ORS 807.018, 807.031, 807.035, 807.045, 807.085, 807.168, 807.173, 807.285, 807.455, 807.480, 49 CFR §383.71, 49 CFR §§383.110 – 383.123, 49 CFR §§383.131-383.135, 383.71, Table 1, 49 CFR § 383.5, 91 Fed Reg 7044 (February 13, 2026) & 91 FR 27483 (May 14, 2026), § 383.71
DMV 31-2026, amend filed 08/13/2026, effective 08/18/2026
DMV 10-2026, temporary amend filed 03/13/2026, effective 04/11/2026 through 10/07/2026
DMV 9-2026, temporary amend filed 03/12/2026, effective 03/16/2026 through 04/10/2026
DMV 8-2026, temporary amend filed 03/12/2026, effective 03/16/2026 through 04/10/2026
DMV 13-2025, temporary amend filed 10/13/2025, effective 10/13/2025 through 04/10/2026
DMV 10-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 4-2025, temporary amend filed 05/08/2025, effective 05/08/2025 through 11/03/2025
DMV 30-2024, amend filed 10/10/2024, effective 10/10/2024
DMV 3-2024, temporary amend filed 04/15/2024, effective 04/17/2024 through 10/13/2024
DMV 19-2023, amend filed 09/19/2023, effective 09/19/2023
DMV 2-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 13-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 24-2020, amend filed 06/25/2020, effective 07/06/2020
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-063-0262 Entry-Level Driver Training Requirements

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.

(2) Applicants are exempt from ELDT requirements described in section (1) of this rule if:

(a) The applicant was issued a Class A CDL before February 7, 2022 and provides proof as described in (3) of this section, the applicant is not required to complete the Class A ELDT.

(b) The applicant was issued a Class B CDL before February 7, 2022 and provides proof as described in (3) of this section, the applicant is not required to complete the Class B ELDT.

(c) The applicant was issued a Class A CDL before February 7, 2022 and provides proof as described in (3) of this section, the applicant is not required to complete the Class B ELDT.

(d) The applicant was issued a CDL with an endorsement described in sections (1)(c) – (1)(e) of this rule before February 7, 2022, the applicant is not required to complete the ELDT described in the relevant section.

(e) The applicant was issued a CLP prior to February 7, 2022, and is issued a CDL before the CLP expires, the applicant is not required to complete the ELDT described in the relevant section of this rule.

(3) Acceptable proof of a previously held Class A or B CDL or endorsement as described in section 2 of this rule, includes:

(a) An Oregon driver record showing that the person previously held the class of CDL or endorsement;

(b) An official driver record from the jurisdiction of issuance showing that the person previously held the class of CDL or endorsement;

(c) A statement on official letterhead from the issuing jurisdiction showing that the person previously held the class of CDL or endorsement; or

(d) Any other acceptable proof as determined by the department.

(4) An applicant is not eligible to take a skills or knowledge test for a commercial driver license or endorsement listed in section (1) of this rule unless the applicant successfully completes the applicable ELDT and ELDT is verified, or unless the applicant is exempted under section (2) of this rule.

(5) DMV may cancel a person’s commercial driving privileges in accordance with ORS 809.310 if DMV issued a CDL or endorsement to a person and the person had not successfully completed the ELDT required by this rule. A cancellation of the person’s commercial driving privileges under this section will continue indefinitely. DMV will clear the cancellation when the person:

(a) Successfully completes the ELDT required by this rule;

(b) Provides proof the person was exempt under section (2) of this rule; or

(6) A person downgrading a CDL or endorsement due to cancellation of commercial driving privileges under section (5) of this rule may not obtain a CDL or endorsement as described in OAR 735-063-0370(5), until the person successfully completes the ELDT required by this rule.

(7) When DMV cancels a person’s commercial driving privileges under section (5) of this rule, the person may request an administrative review. The following apply to an administrative review request:

(a) DMV will notify the person of the right to request an administrative review in the notice of cancellation.

(b) A request for an administrative review must be in writing and must include:

(A) The person’s full name;

(B) The person’s complete mailing address;

(D) A brief statement of the facts and any evidence the person wants to present showing they should not be subject to cancellation.

(c) A request for an administrative review may also include the person's date of birth to assist with accurate identification of the person.

(d) To be received by DMV, the request for an administrative review must be:

(A) Personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR;

(B) Delivered by mail to DMV Headquarters, 1905 Lana Avenue NE, Salem OR 97314;

(D) Submitted through an online request at www.OregonDMV.com or https://dmv2u.oregon.gov/eServices/_/.

History

Statutory/Other Authority: ORS 184.619, 802.010, 809.310 & Oregon Laws 2021, Chapter 630, Section 103
Statutes/Other Implemented: Oregon Laws 2021, Chapter 630, Section 103 & 49 CFR Part 380
DMV 2-2022, adopt filed 01/25/2022, effective 01/25/2022

Or. Admin. R. 735-063-0263 CDL Transfer from Canada or Mexico

(1) An individual may apply to transfer a valid, unexpired Licencia Federal de Conductor issued by United Mexican States 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 unexpired 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 CDLIS;

(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.

(4) The employer is eligible under this rule if it is an Oregon-based trucking company as defined in section (5) of this rule.

(5) For purposes of this rule, an “Oregon-based trucking company” means a for-hire motor carrier of property whose principal place of business is located in Oregon.

(6) DMV shall verify that the trucking company’s principal place of business is located in Oregon through the Oregon Secretary of State - Business Registry or other databases, as necessary. To assist DMV in verifying the company’s principal place of business, the company must provide DMV with the following information:

(a) The company’s complete business name;

(b) The address listed as the company’s principal place of business; and

(7) An applicant is eligible for a CDL transfer under this rule if they meet the following eligibility criteria:

(a) The applicant possess a valid, unexpired Licencia Federal de Conductor issued by a United Mexican States or a valid, unexpired CDL issued by a Canadian Province or Territory in conformity with the Canadian National Safety Code;

(b) The applicant holds an unexpired EB-3 visa;

(d) The applicant’s driving privileges are not suspended, revoked, cancelled or otherwise withdrawn in any jurisdiction.

(8) To apply for a CDL transfer, the applicant must:

(a) Complete the application requirements described in ORS 807.045(1);

(b) Provide proof of medical qualification as described in OAR 735-063-0220; and

(c) Complete all other eligibility or qualification requirements, excluding an actual demonstration, provided in statute or Oregon administrative rule for the issuance of a CDL.

(9) For the purposes of section (1) of this rule, an applicant surrendering a valid, unexpired Licencia Federal de Conductor is considered to have met the requirements of OAR 735-062-0080(1)(a).

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.072
Statutes/Other Implemented: ORS 807.045, 807.072 & 825.005
DMV 30-2024, amend filed 10/10/2024, effective 10/10/2024
DMV 3-2024, temporary amend filed 04/15/2024, effective 04/17/2024 through 10/13/2024
DMV 38-2020, adopt filed 12/11/2020, effective 01/01/2021
DMV 21-2020, temporary adopt filed 06/25/2020, effective 07/06/2020 through 01/01/2021

Or. Admin. R. 735-063-0269 Commercial Driving Privileges

(1) If a person holds a limited term commercial driver license or limited term commercial learner permit, and on or after March 16, 2026, the limited term commercial driving privilege status in DMV records shows the person’s commercial driving privileges are suspended, cancelled, revoked or otherwise withdrawn, the person is not entitled to a commercial driving privilege under the Federal Motor Carrier Safety Administration’s (FMCSA) final rule, published in 91 Fed Reg 7044 (February 13, 2026), and this rule. DMV shall add to the person’s customer record a cancellation for not being entitled to CDP.

(2) If a citizen of a nation with a Compact of Free Association with the United States holds a commercial driver license or commercial learner permit and no longer qualifies for the CDL or CLP under OAR 735-063-0250 and 735-063-0260, and on or after May 14, 2026, the commercial driving privilege status in DMV records shows the person’s commercial driving privileges are suspended, cancelled, revoked or otherwise withdrawn, the person is not entitled to a commercial driving privilege under the FMCSA’s final rule, published in exemption 91 FR 27483, and this rule. DMV shall add to the person’s customer record a cancellation for not being entitled to CDP under Table 1 to § 383.71.

(3) A person whose commercial driving privileges are cancelled under section (1) or (2) of this rule may regain their commercial driving privileges if the person qualifies for a commercial driving privilege under OAR 735-063-0250 and 735-063-0260, including providing proof of citizenship or lawful permanent residence.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.168
Statutes/Other Implemented: ORS 807.168, 49 CFR § 383.71, Table 1, 91 Fed Reg 27483 (May 14, 2026) & 91 Fed Reg 7044 (February 13, 2026)
DMV 31-2026, adopt filed 08/13/2026, effective 08/18/2026
DMV 7-2026, temporary adopt filed 03/12/2026, effective 03/16/2026 through 09/11/2026

Or. Admin. R. 735-063-0270 Acceptance of Tests Conducted Out-of-State

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.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 802.010
Statutes/Other Implemented: ORS 807.070, 807.072 & 807.080
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-063-0280 Military Skills Waiver

(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.

(2) DMV shall issue a CDL skills test waiver to a successful applicant. The CDL skills test waiver is valid for six months from the date of issuance.

(3) The skills test waiver waives only the skills test, as described in the letter, and does not waive a knowledge test or other DMV requirements for commercial driving privileges.

(4) For the purposes of this rule:

(a) “Military service member” means a member of the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, and their associated reserve, and National Guard units; and

(b) “Qualifying service” means an individual who is regularly employed, or was regularly employed within the last year, in a military position requiring operation of a CMV.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 49 CFR § 383.77(b)
Statutes/Other Implemented: ORS 807.070 & 807.072
DMV 38-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 21-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-063-0290 Requirements for Issuance and Retention of a Hazardous Materials Endorsement

(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

(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.

(2) A person is no longer qualified for a hazardous materials endorsement if:

(a) DMV receives a notice of threat assessment from TSA requiring cancellation of the hazardous materials endorsement;

(b) DMV receives notice from TSA indicating the person did not pass the security threat assessment; or

(3) If DMV determines a person is no longer qualified for a hazardous materials endorsement under this rule, DMV will cancel the person’s commercial driving privileges. Upon cancellation the person must immediately surrender to DMV the CDL showing the hazardous materials endorsement. If the person otherwise qualifies and pays a replacement fee, DMV will issue a CDL without a hazardous materials endorsement or a class C non-commercial driver license.

(4) The person may request an administrative review of the cancellation of the person’s CDL. The issues for the administrative review are limited to whether:

(a) When required, the person completed and passed a TSA security check as described in section (1) of this rule.

(b) DMV received a notice from TSA showing the person does not qualify for a hazardous materials endorsement.

(5) An applicant for an Oregon CDL with a hazardous materials endorsement who presents a valid CDL with a hazardous materials endorsement issued by another state must still qualify for an original hazardous materials endorsement as set forth in section (1) of this rule.

(6) If the person passes a TSA security check within one year from the date the person’s CDL with a hazardous materials endorsement was canceled under section (3) of this rule and otherwise qualifies for the CDL and endorsement, DMV will reissue the CDL with a hazardous materials endorsement after payment of a replacement fee. If the cancellation has been in effect for more than one year, the person must reapply for the hazardous materials endorsement as an original endorsement and must take all required tests, pay all required fees and pass the required TSA security check.

(7) A person whose limited term commercial driver license is cancelled under section (3) of this rule is also cancelled under OAR 735-063-0269.

(8) A citizen of a nation with a Compact of Free Association with the United States whose commercial driver license is cancelled under section (3) of this rule is also cancelled under OAR 735-063-0269.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.085, 807.168, 807.173 & 49 USC sec. 5103a
Statutes/Other Implemented: ORS 807.085, 807.168, 807.170, 807.173, 807.350, 809.310, 49 CFR § 383.71, Table 1, 91 Fed Reg 27483 (May 14, 2026) & 91 Fed Reg 7044 (February 13, 2026)
DMV 31-2026, amend filed 08/13/2026, effective 08/18/2026
DMV 7-2026, temporary amend filed 03/12/2026, effective 03/16/2026 through 09/11/2026
DMV 14-2022, temporary amend filed 10/17/2022, effective 10/17/2022 through 04/14/2023
DMV 2-2022, amend filed 01/25/2022, effective 01/25/2022
DMV 30-2021, amend filed 11/23/2021, effective 11/23/2021
DMV 33-2020, amend filed 12/02/2020, effective 12/02/2020
DMV 7-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020
DMV 31-2018, minor correction filed 08/16/2018, effective 08/16/2018
Renumbered from 735-062-0190, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 8-2006, f. & cert. ef. 8-25-06
DMV 7-2006(Temp), f. 7-31-06, cert. ef. 8-1-06 thru 1-27-07
DMV 26-2005, f. & cert. ef. 12-14-05
DMV 18-2005(Temp), f. & cert. ef. 8-18-05 thru 2-13-06
DMV 13-2005, f. 5-19-05, cert. ef. 5-31-05
DMV 3-2005, f. 1-20-05, cert. ef. 1-31-05

Or. Admin. R. 735-063-0300 Restrictions on CDL or CLP

DMV will impose specific restrictions of driving privileges that will appear on a driver’s record and on a CDL or a CLP as follows:

(1) L — No CMV with air brake. This restriction prohibits the driver from operating a CMV equipped with brakes that operate solely or partially by air pressure. DMV will place this restriction on a CDL or CLP if an applicant has not passed or fails the air brake knowledge test or takes the CDL skills test in a vehicle not equipped with air brakes.

(2) Z — No full air brake CMV. This restriction prohibits the driver from operating a CMV equipped with brakes that operate solely by air pressure. DMV will place this restriction on a CDL if the applicant takes the skills test in a vehicle equipped with air over hydraulic brakes.

(3) E — Automatic transmission CMV. This restriction prohibits the driver from operating a CMV that is equipped with a manual transmission. DMV will place this restriction on a CDL if the applicant takes the skills test in a vehicle equipped with an automatic transmission.

(4) O — No tractor trailer. This restriction prohibits the driver from operating a CMV in combination with any other vehicle using a fifth wheel hitch between the power unit and the first towed unit. DMV will place this restriction on a CDL if the applicant takes the skills test in a combination vehicle for a Class A CDL with the power unit and towed unit connected with a pintle hook or other non-fifth wheel connection.

(5) K — CMV intrastate only. This restriction prohibits the driver from operating a CMV for purposes of interstate commerce. DMV will place this restriction on a CDL or CLP if the driver is between 18 and 21 years of age, if the person fails to meet the medical qualification needed to operate interstate but has been issued an Oregon Waiver of Physical Disqualification, or if the person certifies to a driving type of non-excepted intrastate.

(6) M — No A passenger CMV. This restriction prohibits the driver from operating a passenger vehicle requiring a Class A CDL. DMV will place this restriction on a CLP if the applicant has a Class B CLP with a passenger endorsement. DMV will place this restriction on a Class A or B CDL if an applicant takes the skills test in a Class B passenger vehicle.

(7) N — No A or B passenger CMV. This restriction prohibits the driver from operating a passenger vehicle requiring a Class A or Class B CDL. DMV will place this restriction on a CLP if the applicant has a Class C CLP with a passenger endorsement. DMV will place this restriction on any CDL if an applicant takes the skills test in a Class C passenger vehicle.

(8) V — Federal medical variance. DMV will place this restriction on a CDL or CLP if the applicant has a notice of exemption or SPE certificate issued by FMSCA as described in OAR 735-063-0220(1).

(9) P — No passenger in CMV bus. This restriction prohibits the driver from operating a CMV carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees and the CDL holder accompanying the CLP holder. DMV will place this restriction on a CLP when the CLP has a passenger endorsement.

(10) X — No cargo in tank CMV. This restriction prohibits the driver from operating a tank vehicle with cargo. DMV will place this restriction on a CLP when the CLP has a tank endorsement.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.120
Statutes/Other Implemented: ORS 807.120
DMV 32-2018, minor correction filed 08/16/2018, effective 08/16/2018
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-063-0311 Driver Records for CDL-Holders and CMV Operators; Enforcement of Federally Required CDP Suspensions

(1) This rule and OAR 735-010-0110 apply to an individual whose driving record contains a:

(a) Conviction from an incident that occurred while operating a commercial motor vehicle or while holding commercial driving privileges (CDP), as described in ORS 807.018; or

(b) Withdrawal, as defined in section (12)(c)(B) of this rule.

(2) DMV adopts and incorporates by reference Appendix A: ACD Codes, Descriptions, and Abbreviations, from the AAMVA Code Dictionary Manual, r5.2.5 (effective date September 11, 2023) 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 record.

(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. DMV retains withdrawals in Oregon driver records for informational purposes and to allow DMV to make suspension determinations as described in sections (7) of this rule.

(6) DMV shall determine that a withdrawal did not meet the federal requirements for state disqualification under 49 CFR § 384.231 when:

(a) There is an absence of a withdrawal in the driver history record;

(b) A withdrawal was imposed, but did not meet the federally-required minimum period; or

(c) A withdrawal was imposed, but the jurisdiction was not the state of record for the entire time the withdrawal was in effect.

(7) If DMV determines under section (6) of this rule that no withdrawal, or no combination of withdrawals, in the driver record meets the requirements of federal regulation, then DMV shall impose a CDP suspension under ORS 809.510 to 809.550 for the remaining federally-required suspension period.

(8) If DMV receives a record of withdrawal reflecting the correct federally-required minimum withdrawal period, and confirmation that the other jurisdiction was the state of record for the person during the withdrawal, DMV shall remove the Oregon withdrawal imposed under section (7) of this rule.

(9) DMV shall enter into CDLIS the ACD code “A20” to represent a conviction based on a DUII diversion report under ORS 813.230, received by an individual who held commercial driving privileges in any jurisdiction on the date of the commission of the offense or who operated a commercial motor vehicle at the time of the offense.

(10) DMV shall enter into CDLIS the ACD code “A20” to represent a suspension of commercial driving privileges received by an individual under ORS 809.510(1)(g) based on a DUII diversion report under ORS 813.230.

(11) Section (9) of this rule applies to DUII diversion reports under ORS 813.230 for offenses occurring on or after January 1, 2023. Section (10) of this rule applies to suspensions issued by DMV under ORS 809.510(1)(g) on or after January 1, 2023.

(12) The following definitions apply to this rule:

(a) “Conviction” has the meaning given that term in ORS 809.510(6).

(b) “Record,” “report” or “notice,” as used in this rule and in ORS 809.510 to 809.540, includes:

(A) An entire driver record received from another jurisdiction; and

(B) An individual or grouped series of convictions received from another jurisdiction.

(A) A cancellation, suspension, revocation of non-commercial driving privileges; or

(B) A cancellation, suspension, revocation, or disqualification of commercial driving privileges.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 802.210
Statutes/Other Implemented: ORS 802.200, 802.540, 807.040, 807.045, 807.050, 807.060, 807.070, 807.150, 807.170, 809.310, 809.510 - 809.550 & 49 CFR § 383.51
DMV 25-2024, amend filed 08/06/2024, effective 08/06/2024
DMV 17-2022, amend filed 11/17/2022, effective 01/01/2023
DMV 38-2020, adopt filed 12/11/2020, effective 01/01/2021
DMV 21-2020, temporary adopt filed 06/25/2020, effective 07/06/2020 through 01/01/2021

Or. Admin. R. 735-063-0315 Commercial Driving Privileges; Federal Drug and Alcohol Clearinghouse; Cancellations

(1) In accordance with ORS 807.166, DMV shall query DACH prior to issuance, renewal or replacement of commercial driving privileges, including upgrading, adding restrictions and transferring a person’s CDL privileges.

(2) DMV may not issue CDP to an applicant or renew an applicant’s CDL when the query described in section (1) of this rule indicates the driver is prohibited from operating a CMV due to a violation of 49 CFR part 382, subpart B.

(3) DMV may initiate a query with DACH, or receive information from DACH without initiating a query, regarding an Oregon CDP holder.

(4) DMV shall cancel a person’s CDP if DMV determines information from DACH indicates the CDP holder is prohibited from operating a CMV.

(5) After DMV cancels a person’s CDP under section (4) of this rule, the person may apply to regain an Oregon CDP. When the person applies for CDP, DMV will query DACH as described in section (1) of this rule. DMV will issue CDP to the person only if DACH indicates the person is not prohibited from operating a CMV and all other requirements for issuance of CDP are met.

(6) A person whose CDP has been cancelled under section (4) of this rule may be issued a Class C noncommercial driver license described in ORS 807.031(5) or an identification card described in ORS 807.400, if all other requirements for issuance are met.

(7) If FMCSA notifies DMV that a CDP driver was erroneously placed in a prohibited status in DACH, DMV shall remove any reference to the driver’s prohibited status from the CDLIS driver history and terminate the cancellation imposed under this rule. DMV will remove the cancellation from the driver record and restore the record to the status as it existed before the erroneous notification.

(8) Notwithstanding section (9) of this rule, DMV shall record a new sanction added to a CDLIS driver record during the period when DMV records show the driver had a prohibited status.

(9) DMV may not include any details of a DACH cancellation in the CDLIS driver history record for the CDP driver, including: a State-to-State Status request, State-to-State History request, and a Change State of Record request.

(10) A person whose limited term CDP is cancelled under section (4) of this rule is also cancelled under OAR 735-063-0269.

(11) A citizen of a nation with a Compact of Free Association with the United States whose CDP is cancelled under section (4) of this rule is also cancelled under OAR 735-063-0269.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.166, 807.168 & 809.310
Statutes/Other Implemented: ORS 807.166, 807.168, 49 CFR Part 382, 49 CFR § 383.71, Table 1, 91 Fed Reg 27483 (May 14, 2026) & 91 Fed Reg 7044 (February 13, 2026)
DMV 31-2026, amend filed 08/13/2026, effective 08/18/2026
DMV 7-2026, temporary amend filed 03/12/2026, effective 03/16/2026 through 09/11/2026
DMV 33-2024, adopt filed 12/04/2024, effective 12/04/2024
DMV 31-2024, temporary adopt filed 11/05/2024, effective 11/14/2024 through 05/12/2025

Or. Admin. R. 735-063-0340 Cancellation or Suspension of CDP Due to No Valid Proof of Medical Qualification or Failure to Have Restriction on the CDL or CLP when Required

(1) DMV shall cancel a person’s CDP when the person’s proof of medical qualification, as described in OAR 735-063-0220, is denied, rescinded, voided or revoked.

(2) DMV shall cancel a person’s CDP when the person’s proof of medical qualification, as described in OAR 735-063-0220, is not updated through the National Registry when requested by DMV.

(3) After DMV cancels a person’s CDP under sections (1) or (2) of this rule, the person may apply to regain Oregon CDP. When the person applies for CDP, DMV must receive proof of medical certification as described in OAR 735-063-0220. DMV will issue CDP to the person only if the CDLIS driver record indicates the person is medically certified to operate a CMV and all other requirements for issuance of CDP are met.

(4) Failure of a person to obtain a “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 CDP, in accordance with ORS 807.010(1) and 809.310(1).

(5) After DMV cancels a person’s CDP under sections (4) of this rule, the person may apply to regain an Oregon CDP. DMV will issue CDP to the person only if the CDLIS driver record indicates a “V” restriction has been added to the CDP credential or the person no longer requires a federal variance to be medically certified for a CDP and all other requirements for issuance of CDP are met.

(6) Failure of a person to obtain a “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 CDP, in accordance with ORS 807.010(1) and 809.310(1).

(7) After DMV cancels a person’s CDP under sections (6) of this rule, the person may apply to regain an Oregon CDP. DMV will issue CDP to the person only if the CDLIS driver record indicates a “K” restriction has been added to the CDP credential or the intrastate only restriction is no longer required and all other requirements for issuance of CDP are met.

(8) A person whose limited term CDP is cancelled under sections (1) or (2) of this rule is also cancelled under OAR 735-063-0269.

(9) A citizen of a nation with a Compact of Free Association with the United States whose CDP is cancelled under sections (1) or (2) of this rule is also cancelled under OAR 735-063-0269.

(10) A person whose CDP has been cancelled under sections (1) (2) (4) or (6) of this rule may be issued a Class C noncommercial driver license described in ORS 807.031(5) or an identification card described in ORS 807.400, if all other requirements for issuance are met.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.040 & 807.100
Statutes/Other Implemented: ORS 807.040, 807.100 & 91 Fed Reg 7044 (February 13, 2026)
DMV 31-2026, amend filed 08/13/2026, effective 08/18/2026
DMV 7-2026, temporary amend filed 03/12/2026, effective 03/16/2026 through 09/11/2026
DMV 3-2025, amend filed 03/25/2025, effective 06/23/2025
DMV 8-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020
DMV 6-2019, amend filed 02/21/2019, effective 03/01/2019
DMV 33-2018, minor correction filed 08/16/2018, effective 08/16/2018
Renumbered from 735-063-0067, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 12-2012, f. & cert. ef. 9-20-12
DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12

Or. Admin. R. 735-063-0350 Denial or Revocation of an Oregon Waiver of Physical Disqualification

(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.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 802.010
Statutes/Other Implemented: ORS 807.040 & 807.150
Renumbered from 735-063-0075, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 8-2010, f. & cert. ef. 3-17-10
DMV 4-2009, f. & cert. ef. 2-20-09
Renumbered from 740-300-0140, DMV 9-2008, f. & cert. ef. 3-21-08
Reverted to MCTB 4-2001, f. & cert. ef. 11-9-01
Renumbered from 740-300-0140, DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08
MCTB 4-2001, f. & cert. ef. 11-9-01
MCTB 4-2000, f. & cert. ef. 6-12-00

Or. Admin. R. 735-063-0360 Serious Traffic Offenses

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.

(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.

(2) An offense under this section is a serious traffic offense if a conviction resulted from an offense that occurred while operating a CMV:

(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.

(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.

(h) Driving a motor vehicle while using a mobile electronic device — ORS 811.507, ACD codes M85, M86.

(i) Operating a CMV without proper classification or endorsement — ORS 807.010, ACD code B91.

(j) Operating a CMV without driving privileges — ORS 807.010(1); ACD code B56.

(k) Failure to carry or present to a police officer proof of commercial driving privileges — ORS 807.570; ACD code B57.

History

Statutory/Other Authority: ORS 184.619, 802.010, 809.525 & 49 CFR § 383.51
Statutes/Other Implemented: ORS 809.525
DMV 39-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 15-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 21-2017, amend filed 11/30/2017, effective 01/01/2018
Renumbered from 735-063-0130, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 5-2015, f. 6-19-15, cert. ef. 7-8-15

Or. Admin. R. 735-063-0370 Effect of Suspension, Cancellation or Revocation on Commercial Driving Privileges

(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.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 802.010
Statutes/Other Implemented: ORS 809.360, 809.380, 809.430 & 809.510 – 809.540
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16

Or. Admin. R. 735-063-0380 Reinstatement of CDL Disqualification

(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

(2) In determining whether good cause for reinstatement has been shown, DMV will consider the person's driving record for the 10 years preceding the date of application for reinstatement. DMV will not reinstate commercial driving privileges if any of the following appear on the person's driving record in this state or in any other jurisdiction:

(a) A conviction for an offense involving the operation of a CMV.

(b) A conviction for any offense listed in ORS 809.510.

(d) A conviction for any offenses listed in OAR 735-063-0360.

(e) A conviction for reckless endangering a highway worker in any vehicle.

(f) A suspension of driving privileges under the Driver Improvement Program or a similar program in another jurisdiction appears on the person's driving record within the three years preceding the date of application for reinstatement.

(3) The following courses are approved by DMV as meeting the rehabilitation requirement:

(a) National Safety Council, DDC Attitudinal Dynamics of Driving; and

(b) National Safety Council, DDC Professional Truck Drivers.

(4) If a required course listed in section (3) of this rule is not available in Oregon, DMV will accept proof the person has successfully completed the on-line version of the course. If a required course is not available in Oregon and there is no on-line version available, DMV may accept proof of successful completion of an equivalent rehabilitation course or program.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 809.520
Statutes/Other Implemented: ORS 809.520
DMV 9-2022, amend filed 09/21/2022, effective 09/21/2022
DMV 35-2018, minor correction filed 08/20/2018, effective 08/20/2018
DMV 19-2017, minor correction filed 11/28/2017, effective 11/28/2017
Renumbered from 735-063-0180, DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
Renumbered from 735-070-0200, DMV 5-2015, f. 6-19-15, cert. ef. 7-8-15
DMV 15-2006, f. 10-13-06, cert. ef. 11-1-06

Or. Admin. R. 735-063-0390 CMV Used In Human Trafficking

(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;

(D) 22 USC 7102(7) - Debt bondage;

(E) 22 USC 7102(8) - Involuntary servitude; and

(F) 22 USC 7102(12) - Sex trafficking.

(b) “Severe forms of trafficking in persons” has the meaning provided in 22 USC 7102(11) in effect as of January 1, 2021, and includes, but is not limited to, the following convictions:

(A) ORS 163.266 (Trafficking in persons);

(B) ORS 163.413 (Purchasing sex from a minor);

(D) ORS 167.017 (Compelling prostitution);

(E) ORS 163.263 (Subjecting another person to involuntary servitude in the second degree);

(F) ORS 163.264 (Subjecting another person to involuntary servitude in the first degree);

(G) 18 U.S.C. §1584(a) (Involuntary servitude);

(H) 18 U.S.C. §1589(a) (Forced labor);

(I) 18 U.S.C. §1591 (Sex trafficking of children or by force, fraud, or coercion);

(J) 18 U.S.C. §2423(a) (Transportation of minor - Transportation With Intent To Engage in Criminal Sexual Activity); and

(K) 18 U.S.C. §2423(b) (Transportation of minor - Travel With Intent To Engage in Illicit Sexual Conduct).

(2) DMV will permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record of conviction for a crime in which a commercial motor vehicle was used and that involved an act or practice of severe forms of trafficking in persons.

(3) DMV will permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a conviction with a U11 ACD code, using a CMV in the commission of severe forms of trafficking in persons.

(4) A request for an administrative review of a permanent suspension of a commercial driving privileges under this rule must comply with the requirements established under ORS 809.440 and OAR 735-001-0050.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 809.520
Statutes/Other Implemented: 809.440, 809.520, 809.545 & 49 CFR 383,51
DMV 9-2022, adopt filed 09/21/2022, effective 09/21/2022

Division 64 SPECIAL DRIVER PERMITS

Or. Admin. R. 735-064-0005 Definitions

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.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.240 & 807.270
Statutes/Other Implemented: ORS 807.240 & 813.520
DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 21-2023, amend filed 09/19/2023, effective 09/19/2023
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 35-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 26-2018, minor correction filed 08/16/2018, effective 08/16/2018
DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 2-2013, f. & cert. ef. 3-22-13
DMV 12-1996, f. & cert. ef. 12-20-96; DMV 2-2001, f. & cert. ef. 1-17-01: DMV 15-2001, f. & cert. ef. 9-21-01; DMV 2-2006, f. & cert. ef. 2-15-06; DMV 17-2006, f. & cert. ef. 11-17-06; DMV 5-2008, f. & cert. ef. 2-4-08

Or. Admin. R. 735-064-0040 Application Requirements for a Hardship Permit

(1) An Oregon resident may apply for a hardship permit when:

(a) The person’s driving privileges are suspended, or revoked under ORS 809.600 as a habitual offender; or

(b) The person is:

(A) Eligible for reinstatement of driving privileges;

(B) Required to provide proof of treatment to the department under ORS 813.022; and

(2) 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; or

(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.

(3) Documents required to obtain a hardship permit depend on the reason(s) for the suspension or revocation and the type of driver license for which the applicant has applied. An applicant must comply with any section of this rule that applies to the applicant's suspension, revocation or combination of suspension(s) and revocation(s). All applicants must:

(a) Submit an application for a hardship permit. The application is available online at DMV2U.oregon.gov or as a print-only form (DMV Form 735-6044) from www.oregondmv.com or any DMV office.

(b) Pay the hardship permit application fee and the reinstatement fee.

(4) An applicant whose driving privileges are suspended under ORS 809.310(3) or 809.411(8) for committing a fraudulent or unlawful act in applying for or in the use of a driver license, driver permit or identification card must:

(a) Provide proof of a verifiable Social Security number or a written statement that the applicant has not been assigned a SSN;

(b) Provide proof of lawful status if the applicant is applying for a Real ID driver license;

(d) Provide proof of identity and date of birth.

(5) An applicant for a hardship permit must submit an SR-22 insurance certificate or other proof of compliance as described in ORS 806.240. The SR-22 insurance certificate for an applicant whose driving privileges are suspended for a DUII conviction must show at least the minimum coverage amounts specified in ORS 806.075.

(6) An applicant must provide information to DMV that justifies the specific request for driving privileges as follows:

(a) To and from work: Name of employer, work address and work hours. If self-employed, the applicant must provide evidence such as a business license, business tax statement, newspaper advertisement or business receipts that DMV may review to verify that the applicant is self-employed.

(b) During the course and scope of the applicant's employment: A letter from the applicant's employer that states that the applicant's job duties include driving and provides information regarding what times and in which counties the applicant must drive to perform those duties. If self-employed, the applicant must provide the times and counties in which the applicant must drive.

(c) Seeking employment: The days of the week, times of day and in which counties the applicant will seek employment. DMV will only grant driving privileges within normal business hours (8 a.m. to 5 p.m. Monday through Friday) and within the state of Oregon for an applicant to seek employment while on a hardship permit.

(d) For a treatment or rehabilitation program: The name and address of the alcohol, drug or gambling addiction program, along with the days and times the applicant is required to drive to and from the program. Applicants are limited to five treatment or rehabilitation programs for the purposes of the hardship permit, unless the applicant demonstrates the need for additional treatment or rehabilitation programs.

(e) For regular medical treatment: A statement signed by a licensed physician or licensed nurse practitioner that indicates that the applicant or a member of the applicant’s immediate family requires medical treatment on a regular basis, along with the name and address of the medical treatment facility and the hours and days of the week treatment is provided. DMV will only grant driving privileges within normal business hours (8 a.m. to 5 p.m. Monday through Sunday) and within the state of Oregon for an applicant to obtain regular medical treatment for the applicant or a member of the applicant’s immediate family while on a hardship permit, unless the applicant demonstrates the need for treatment outside of those restrictions.

(f) For necessary services: The name and address of the person to whom or facility to which the applicant is driving for the necessary services and the day(s) and time(s) for which the privilege is needed. In addition to these requirements, DMV will grant driving privileges for:

(A) Grocery shopping one day a week (Monday through Sunday), from 8 a.m. to 12 noon, 1:00 p.m. to 5 p.m. or 5 p.m. to 9 p.m.

(B) Non-regular medical appointments two days a week (Monday through Sunday), 8 a.m. to 12 noon or 1:00 p.m. to 5 p.m., unless the applicant demonstrates the need for attending medical appointments outside these timeframes.

(7) An applicant must submit any other information DMV may require for purposes of determining whether the applicant qualifies under any section of this rule.

(8) DMV will deny an application for a hardship permit when DMV has reviewed the application and the applicant does not meet the qualifications for the permit or one or more of the requirements for the permit is missing. If within 60 days of the letter of denial from DMV, the applicant provides all necessary documents to meet any missing requirement or qualification for a hardship permit, DMV will apply the original application fee when issuing the permit.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.240
Statutes/Other Implemented: ORS 807.240 & 807.370
DMV 17-2025, amend filed 11/13/2025, effective 01/01/2026
DMV 21-2023, amend filed 09/19/2023, effective 09/19/2023
DMV 20-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 35-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 5-2015, f. 6-19-15, cert. ef. 7-8-15
DMV 12-2009, f. & cert. ef. 6-25-09
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 2-2006, f. & cert. ef. 2-15-06
DMV 14-2005, f. & cert. ef. 5-19-05
DMV 12-1996, f. & cert. ef. 12-20-96
MV 29-1989, f. & cert. ef. 10-3-89
MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0095
MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87
MV 17-1986, f. & ef. 10-1-86
MV 7-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-064-0060 Standards for Issuance of Hardship Permits

(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;

(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.

(3) A hardship permit will not be issued for more than 12 hours of driving on any one day, except for transportation to and from a gambling addiction, alcohol or drug treatment or rehabilitation program.

(4) A hardship permit holder may obtain vehicle fuel while driving within the restrictions of the permit.

(5) A hardship permit issued to seek employment will not be issued for a period of more than 120 days at a time.

(6) DMV may deny a hardship permit to an applicant who has public or private transportation available which is sufficient to serve the applicant’s transportation needs as established in section (2) of this rule.

(7) DMV will determine whether public or private transportation is sufficient to serve the applicant’s need based upon the following criteria:

(a) Convenience in terms of hours and distance;

(b) Requirements of occupation or employment;

(d) Personal safety of applicant.

(8) An applicant with multiple suspensions, multiple revocations under ORS 809.600, or combination of suspensions(s) and revocations(s), must satisfy the requirements for each type of suspension and revocation to obtain a hardship permit.

(9) If the applicant is suspended under ORS 809.260 the applicant may apply either for privileges granted under a hardship permit as described in this rule or an emergency permit as described in OAR 735-064-0230, but not both.

History

Statutory/Other Authority: ORS 184.619, 807.240 & 802.010
Statutes/Other Implemented: ORS 807.240
DMV 35-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 2-2013, f. & cert. ef. 3-22-13
DMV 25-2003, f. 12-15-03 cert. ef. 1-1-04
DMV 12-1996, f. & cert. ef. 12-20-96
MV 17-1991, f. 9-18-91, cert. ef. 9-29-91
MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0105
MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87
MV 17-1986, f. & ef. 10-1-86
MV 7-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-064-0070 Ignition Interlock Device (IID) Requirement for Issuance of Hardship Permits

(1) A person who applies for a hardship permit or a person issued a hardship permit must install an IID in any vehicle operated by the person if the person’s driving record shows any of the following:

(a) A current suspension based on a conviction for DUII in an Oregon court; or

(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 No Negative Certificate (Oregon State Police Form 257-0007) that would end the applicant’s IID requirement.

(2) As a condition of a hardship permit, the IID must be installed, maintained and used in any vehicle the person operates for the duration of the person’s IID requirement. The IID requirement may exceed the period the person’s permit is valid.

(3) When installation of an IID is required, DMV will not issue a hardship permit to the person until a provider submits an installation report form showing an approved device has been installed in each vehicle the person intends to operate during the permit period.

(4) When a person who has been issued a hardship permit is required to install an IID due to information added to the person’s driving record after the hardship permit was issued, DMV will suspend the person’s hardship permit as described in OAR 735-064-0110.

(5) Notwithstanding section (1) of this rule, DMV may issue a hardship permit to a person who has not installed an IID if the person will only operate a vehicle(s) owned or leased by their employer during the course and scope of the person’s employment. For purposes of ORS 813.606, DMV will place a notation on the hardship permit issued to the person that the person's employer has been informed of the IID requirement. The applicant must submit:

(a) A letter on business letterhead, signed by the employer, stating that the employer has been informed of the IID requirement and that the person is required to operate the employer's vehicle(s) in the course and scope of employment; or

(b) An Employer IID Exception form (DMV Form 735-6874) completed by the employer.

(6) For purposes of ORS 813.606, a person who is self-employed is not an employee and DMV will not place an employer IID exception notation on the person's driving record.

(7) Notwithstanding section (1) of this rule, DMV may issue a hardship permit to a person who has not installed an IID if the person has been issued a medical exemption under OAR 735-070-0082.

(8) The hardship permit will contain a restriction that the person may only operate vehicles equipped with an IID. If the person operates a vehicle owned or leased by the person's employer in the course and scope of employment or has been issued a medical exemption, the hardship permit driving restrictions will state that the person must have in their possession a copy of the employer's IID exception letter, a completed DMV Employer IID Exception form, an IID medical exemption letter issued by DMV, or an IID medical exemption approval issued by a court.

(9) The IID restriction in a hardship permit will specify the length of time allowed for the person to travel to and from an IID provider’s facility to have the IID calibrated as defined in OAR 257-100-0055.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.240 & 813.602
Statutes/Other Implemented: ORS 807.240, 813.602 & 813.606
DMV 17-2025, amend filed 11/13/2025, effective 01/01/2026
DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 12-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 21-2013, f. 12-20-13, cert. ef. 1-1-14
DMV 12-2007, f. 11-30-07, cert. ef. 1-1-08
DMV 15-2001, f. & cert. ef. 9-21-01
DMV 12-1996, f. & cert. ef. 12-20-96
DMV 5-1994, f. & cert. ef. 7-21-94
MV 4-1991, f. 6-18-91, cert. ef. 7-1-91
MV 2-1990, f. & cert. ef. 2-1-90
MV 18-1989(Temp), f. 8-31-89, cert. ef. 9-5-89
MV 40-1987, f. 12-11-87, ef. 1-1-88, Renumbered from 735-031-0107

Or. Admin. R. 735-064-0080 How the Hardship Permit Is Issued

(1) DMV will mail a hardship permit to the address the applicant submitted on the applicant's hardship permit application, or DMV may print a hardship permit for the applicant at any DMV office, 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, if the permit holder was eligible for a hardship permit as provided in OAR 735-064-0040(1)(a);

(b) The date the permit holder provides proof of treatment or is no longer required to provide proof of treatment to DMV under ORS 813.022, if the permit holder was eligible for a hardship permit as provided in OAR 735-064-0040(1)(b);

(c) The date the permit holder is no longer required to install and use an IID on any vehicle the person operates, if the permit holder was eligible for a hardship permit as provided in OAR 735-064-0040(1)(b);

(d) 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

(e) The expiration date of the person’s driver license.

(6) A hardship permit holder must pay a renewal fee to extend the expiration date of a hardship permit. The fee upon renewal of a hardship driver permit is the same fee as that charged for renewal of a driver license under ORS 807.370(5)(a).

(7) If a hardship permit holder is renewing a driver license and the person’s hardship permit is valid until the expiration date of the person’s driver license as provided in section (5) of this rule, DMV will charge one renewal fee for the driver license to renew both the driver license and the hardship permit.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.240
Statutes/Other Implemented: ORS 807.240
DMV 17-2025, amend filed 11/13/2025, effective 01/01/2026
DMV 20-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 4-2002, f. & cert. ef. 3-14-02
DMV 12-1996, f. & cert. ef. 12-20-96
MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0110
MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87
MV 17-1986, f. & ef. 10-1-86
MV 7-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-064-0090 How to Change the Hardship Permit Driving Restrictions

(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.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.240
Statutes/Other Implemented: ORS 807.240
DMV 20-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 2-2006, f. & cert. ef. 2-15-06
DMV 12-1996, f. & cert. ef. 12-20-96
MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0115
MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87
MV 17-1986, f. & ef. 10-1-86
MV 7-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-064-0100 Hardship Permit Restrictions

(1) The driving privileges of a person issued a hardship permit is restricted to do all of the following:

(a) The person must not drive outside the hardship 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 a 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 Application.

(2) The person required to have an IID must not violate any of the following conditions:

(a) Drive any vehicle which does not have an IID installed unless the person is exempted by statute and administrative rule or the use of the specific vehicle is excepted by statute and administrative rule;

(b) Drive a vehicle owned or leased by the person's employer without an IID unless the person is carrying a copy of an employer’s exception letter, Employer IID Exception form or medical exemption letter in his or her possession;

(d) Solicit another person to blow into the IID.

(3) Evidence that a restriction or condition has been violated includes, but is not limited to the following:

(a) Police reports;

(b) Collision reports;

(d) A written report which indicates the person has driven outside the hardship permit restrictions;

(e) A written report which indicates the person has been driving after using intoxicants;

(f) A written report from a police officer that indicates the person has refused the chemical breath test, blood test or urine test following an arrest for driving under the influence of intoxicants;

(g) A report from a police officer;

(h) A court conviction; and

(i) A written report from an IID provider that the person has tampered with the IID installed in his or her vehicle.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.240
Statutes/Other Implemented: ORS 807.240, 813.100, 813.602, 813.606, 813.610 & 813.614
DMV 32-2024, amend filed 12/04/2024, effective 01/01/2025
DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 5-2015, f. 6-19-15, cert. ef. 7-8-15
DMV 2-2013, f. & cert. ef. 3-22-13
DMV 27-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 3-2008, f. & cert. ef. 1-25-08
DMV 2-2006, f. & cert. ef. 2-15-06
DMV 12-1996, f. & cert. ef. 12-20-96
DMV 4-1994, f. & cert. ef. 7-21-94
MV 30-1989, f. & cert. ef. 10-3-89
MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0120
MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87
MV 17-1986, f. & ef. 10-1-86
MV 7-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-064-0110 Consequences of Violations of Restrictions, Conditions, Limitations or Requirements of a Hardship Permit

(1) DMV will suspend a person’s hardship 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 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);

(2) DMV will revoke a person’s hardship permit when a person commits a violation of any of the restrictions or conditions of a hardship permit as listed in OAR 735-064-0100.

(3) DMV will revoke the hardship permit for 30 days, during which period the person is not eligible for another hardship permit.

(4) At the end of a permit revocation period, the person may apply for another hardship permit, if otherwise eligible. The person must submit a new application, pay all required fees and meet all other permit requirements.

(5) A person whose hardship permit is revoked based on a notice from a court as specified in ORS 809.140, is entitled to an administrative review under 809.440(2). The revocation will remain in effect pending the outcome of the administrative review.

(6) A person whose hardship permit is revoked based on information other than that described in ORS 809.140, is entitled to a contested case hearing under 183.310 to 183.550. The revocation will not go into effect pending the outcome of the hearing.

(7) A person whose hardship permit is suspended due to failure to maintain a requirement of the permit is entitled to an administrative review under OAR 735-001-0050. The suspension will remain in effect pending the outcome of the administrative review.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.240
Statutes/Other Implemented: ORS 807.240
DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 29-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 2-2013, f. & cert. ef. 3-22-13
DMV 28-2008, f. & cert. ef. 12-15-08
DMV 2-2006, f. & cert. ef. 2-15-06
DMV 4-2002, f. & cert. ef. 3-14-02
DMV 12-1996, f. & cert. ef. 12-20-96
DMV 5-1995, f. & cert. ef. 3-9-95
MV 17-1991, f. 9-18-91, cert. ef. 9-29-91
MV 4-1991, f. 6-18-91, cert. ef. 7-1-91
MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0125
MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87
MV 17-1986, f. & ef. 10-1-86
MV 7-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-064-0220 Traffic Offenses Used in Habitual Offender, Driver Improvement, CMV Serious Offenses and Hardship Driver Permit Programs

(1) A conviction for an offense listed in Table 1 or Table 2 of this rule is a conviction for purposes of:

(a) The Habitual Offender Program pursuant to ORS 809.600(2);

(b) The Provisional Driver Improvement Program and Adult Driver Improvement Program authorized by ORS 809.480 and described in OAR 735, division 72;

(c) Suspending the commercial driving privileges of a person under ORS 809.525 and OAR 735-063-0360 for committing a serious traffic offense, if the person violated a motor vehicle traffic control law and the offense is connected to a fatal accident; and

(d) Revocation of a hardship permit pursuant to ORS 807.240, and OAR 735-064-0100 and 735-064-0110.

(2) Table 1 (effective date March 17, 2025) lists the offenses and the citation to the Oregon statute, and any related administrative rule and federal regulation, for Oregon offenses used in the programs identified in section (1) of this rule. [Table 1 attached]

(3) Offenses from other states are posted to driver records using an AAMVA Code Dictionary (ACD) code. Table 2 (effective date March 17, 2025) identifies the ACD code that appears on the driver record, a description of the ACD code offense and the citation to the Oregon statute, and any related administrative rule and federal regulation, describing a similar offense in Oregon. [Table 2 attached]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 184.619, 802.010, 809.480, 809.535 & 809.605
Statutes/Other Implemented: ORS 807.240, 809.480, 809.535, 809.600(2) & 809.605
DMV 7-2025, minor correction filed 05/14/2025, effective 05/14/2025
DMV 2-2025, amend filed 03/13/2025, effective 03/17/2025
DMV 40-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 22-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 48-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 28-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 5-2015, f. 6-19-15, cert. ef. 7-8-15
DMV 18-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 28-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 19-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 28-2005, f. & cert. ef. 12-14-05
DMV 21-2005(Temp), f. 9-19-05, cert. ef. 10-1-05 thru 3-29-06
DMV 4-2004, f. & cert. ef. 2-23-04
DMV 33-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04
DMV 11-2002, f. 6-24-02, cert. ef. 6-30-02
DMV 27-2001(Temp), f. 12-14-01, cert. ef. 1-1-02 thru 6-29-02
DMV 8-1998, f. & cert. ef. 6-19-98
DMV 5-1997, f. & cert. ef. 2-20-97
DMV 8-1995, f. & cert. ef. 6-19-95
MV 26-1991, f. & cert. ef. 11-18-91
MV 18-1991, f. 9-18-91, cert. ef. 9-29-91
MV 7-1990, f. & cert. ef. 5-16-90
MV 32-1989, f. & cert. ef. 10-3-89
MV 33-1987, f. & ef. 11-2-87, Renumbered from 735-031-0180
MV 17-1986, f. & ef. 10-1-86

Or. Admin. R. 735-064-0230 Emergency Driver Permit

(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.

(3) DMV may issue an emergency driver permit to a person for an emergency situation when a court has issued an order of denial of the person’s driving privileges under ORS 809.260. For purposes of this subsection, an emergency situation includes, but is not limited to:

(a) Those emergencies situations listed in Section (2) of this rule; and

(b) The need to drive to and from school when no other means of transportation is available.

(4) Except as provided in section (5) of this rule, an applicant for an emergency driver permit must:

(a) Submit a completed Student/Emergency Permit Application, Form 735-0009 or Court Denial Emergency Driver Permit Application, Form 735-0009a;

(b) Provide proof satisfactory to DMV detailing the need for an emergency driver permit signed by the applicant, and the applicant’s parent or legal guardian, if the applicant is under 18 years of age and is not an emancipated minor, including, but not limited to:

(A) The circumstances of the emergency;

(B) The expected end date of the emergency;

(D) The name and address of the medical facilities, routes, days and times the applicant is required to drive to appointments or treatment on a regular basis, if the applicant needs to drive to medical appointments or to receive medical treatment on a regular basis for himself or herself or a member of the applicant’s immediate family. The applicant also must submit a signed statement from a licensed physician, licensed physician associate or licensed nurse practitioner treating the applicant or the applicant’s immediate family member, advising of the need for medical appointments or treatment on a regular basis. The statement must include how often appointments or treatments are required and the hours of the day and days of the week appointments or treatments are available. Actual appointment and treatment times are subject to verification by DMV and law enforcement;

(E) A signed letter from the applicant’s employer on company letterhead stating the days and hours the applicant works if the applicant is applying to drive for employment purposes; and

(F) The signature of a school administrator on the application certifying that there is no other school or public transportation available and that the applicant attends school on the days and hours stated on the application, if the applicant is applying to travel to and from school;

(d) Pay the reinstatement fee as established under ORS 807.370 if the applicant’s driving privileges are suspended by court denial;

(e) Fulfill all applicable requirements of ORS Chapter 807 and OAR 735, division 062, for issuance of a Class C non-commercial driver license;

(f) Have an instruction driver permit, if the applicant is over 15 years of age, or if under 15 years of age, obtain an instruction driver permit within 60 days after the applicant’s 15th birthday. This subsection does not apply to an applicant who is only eligible for an emergency permit because the student’s driving privileges are suspended by a court ordered denial of driving privileges under ORS 809.260; and

(g) Obtain approval from the sheriff of the county in which the applicant resides.

(5) To be eligible for an emergency driver permit, an applicant does not need to:

(a) Possess an instruction driver permit for at least six months prior to applying for an emergency driver permit;

(b) Have at least 50 hours of driving experience with a licensed driver over the age of 21; or

(6) In addition to any other driving restrictions that may be imposed by DMV, the holder of an emergency driver permit, who is under 18 years of age, may not drive a motor vehicle carrying any passenger under 20 years of age who is not a member of the permit holder’s immediate family.

(7) Except as provided in section (9) of this rule, an emergency driver permit issued prior to the applicant’s 16th birthday will expire on the following date, whichever occurs first:

(a) At the end of the emergency; or

(b) Six months and 60 days after the emergency driver permit holder’s 16th birthday.

(8) Except as provided in section (9) of this rule, an emergency driver permit issued on or after the applicant’s 16th birthday and prior to the applicant’s 18th birthday will expire on the following date, whichever occurs first:

(a) At the end of the emergency; or

(b) Six months and 60 days after issuance of the emergency driver permit.

(9) Section (7) and (8) of this rule are not applicable to an emergency driver permit issued because a court ordered denial of driving privileges, under ORS 809.260, which expires on the following date, whichever comes first:

(a) At the end of the emergency; or

(b) At the end of the suspension period.

(10) After the end of the suspension period for a court order denial of driving privileges under ORS 809.260, a person issued an emergency driver permit may be eligible to apply for a driver license or driver permit, including an emergency permit or special student driver permit.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.120 & 807.220
Statutes/Other Implemented: ORS 807.031, 807.170, 807.200 & 807.220
DMV 10-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 25-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 24-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 20-2017, amend filed 11/30/2017, effective 01/01/2018
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 4-2008, f. & cert. ef. 1-25-08
DMV 19-2006, f. & cert. ef. 12-13-06
DMV 1-2001, f. & cert. ef. 1-17-01
DMV 12-1996, f. & cert. ef. 12-20-96
MV 6-1990, f. & cert. ef. 4-2-90
MV 14-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0006

Or. Admin. R. 735-064-0235 Special Student Driver Permit

(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;

(b) Pay all applicable fees;

(c) Have an instruction driver permit, if the applicant is over 15 years of age, or if under 15 years of age, obtain an instruction driver permit within 60 days after the applicant's 15th birthday;

(d) Fulfill all applicable requirements of ORS Chapter 807 and OAR 735, Division 062, for issuance of a Class C non-commercial driver license; and

(e) Provide proof satisfactory to DMV that the applicant has no other means of transportation available including but not limited to:

(A) A map(s) showing the route between the applicant's home and alternate transportation or home and the school, college or educational institution in which the applicant is enrolled and public transportation routes; and

(B) The hours for which the applicant needs the special student permit and a copy of public transportation schedules.

(4) To be eligible for a special student driver permit, an applicant does not need to:

(a) Possess an instruction driver permit for at least six months prior to applying for a special student driver permit;

(b) Have at least 50 hours of driving experience with a licensed driver over the age of 21 years of age; or

(5) In addition to any other driving restrictions that may be imposed by DMV:

(a) The holder of a special student driver permit may not drive a motor vehicle carrying any passenger under 20 years of age who is not a member of the special student permit holder's immediate family; and

(b) The holder of a special student driver permit may not drive between 12 midnight and 5 a.m.

(6) A special student driver permit issued prior to the applicant's 16th birthday will expire on the following date, whichever occurs first:

(a) When the applicant has other means of transportation to and from school, college or other educational institutions; or

(b) Six months and 60 days after the applicant's 16th birthday.

(7) A special student driver permit issued on or after the applicant's 16th birthday and prior to the applicant's 18th birthday will expire on the following date, whichever occurs first:

(a) When the applicant has other means of transportation to and from school, college or other educational institution; or

(b) Six months and 60 days after issuance.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.120 & 807.230
Statutes/Other Implemented: ORS 807.031, 807.170, 807.200 & 807.230
DMV 25-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 20-2017, amend filed 11/30/2017, effective 01/01/2018
DMV 4-2016, f. 9-22-16, cert. ef. 9-26-16
DMV 19-2006, f. & cert. ef. 12-13-06
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 1-2001, f. & cert. ef. 1-17-01
DMV 12-1996, f. & cert. ef. 12-20-96

Or. Admin. R. 735-064-0237 Cancellation of an Emergency Driver Permit or Special Student Driver Permit

(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.

(3) DMV will reissue driving privileges to a person whose special student driver permit is cancelled as outlined in OAR 735-070-0010(12).

(4) DMV will reissue driving privileges to a person whose emergency driver permit is cancelled as outlined in OAR 735-070-0010(13).

(5) The person whose emergency driver permit or special student driver permit is canceled will be provided notice and opportunity for an administrative hearing under ORS 809.310(1) and OAR 735-070-0020(6).

History

Statutory/Other Authority: ORS 184.616, 184.619, 807.220 & 807.230
Statutes/Other Implemented: ORS 807.220 & 807.230
DMV 19-2006, f. & cert. ef. 12-13-06
DMV 4-1998, f. & cert. ef. 4-15-98

Division 70 DRIVER LICENSES — REFUSAL, SUSPENSIONS, CANCELLATIONS, REVOCATION AND REINSTATEMENT

Or. Admin. R. 735-070-0000 Driver License Cancellations — Not Entitled to Driving Privileges

(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.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 802.010
Statutes/Other Implemented: ORS 802.540, 807.040, 807.050, 807.060, 807.070, 807.120, 807.150, 807.400 & 809.310
DMV 9-2010, f. & cert. ef. 4-28-10
DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 3-2002, f. & cert. ef. 3-14-02
MV 16-1992, f. & cert. ef. 12-16-92
MV 14-1992, f. & cert. ef. 10-16-92
MV 8-1989, f. & cert. ef. 2-1-89
MV 19-1988, f. & cert. ef. 6-1-88
MV 11-1988(Temp), f. & cert. ef. 4-1-88
MV 16-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0061

Or. Admin. R. 735-070-0004 Cancellation and Suspension Actions Under ORS 809.310

(1) Pursuant to ORS 809.310(1) and (2) and 807.400(17), DMV will cancel any driver license, driver permit or identification card when DMV determines that it was issued on the basis of false information given to DMV or determines that the person is not entitled to driving privileges or the identification card. The cancellation action may be taken independent of suspension action DMV may take under section (3) of this rule.

(2) When DMV cancels a person’s driver license, driver permit or identification card under section (1) of this rule, DMV may cancel any other driver license, driver permit or identification card issued to the person to which the person is not entitled or which was issued on the basis of false information given to DMV.

(3) Pursuant to ORS 809.310(3) and 809.415(5), DMV will suspend driving privileges and the right to apply for driving privileges if DMV determines that a person has knowingly committed any of the acts identified in ORS 809.310(3)(a) through (f). The suspension will be imposed regardless of when the act occurred.

(4) DMV will determine that a person has knowingly committed an act described in ORS 809.310(3) when the person’s biometric information submitted by the person matches the biometric information in another department record and DMV has or obtains additional information indicating the person is committing or has committed an offense, such as identity theft, that results in a violation described in ORS 809.310(3)(c)-(f). DMV will not determine that a person knowingly committed an act identified in ORS 809.310(3)(a) or (b) based upon a finding that the biometric information submitted by the person matches the biometric data in another department record.

(5) When DMV suspends a person’s driving privileges pursuant to ORS 809.411(8) because the person has been convicted of any of the acts identified in 809.310(3) (a) through (h), or because DMV has determined the person knowingly committed any of the acts identified in 809.310(3)(a) through (f), DMV will suspend any other driving privileges issued to the person and the person’s right to apply for driving privileges.

(6) Notwithstanding sections (3) and (5) of this rule, when DMV has determined a person gave a false or fictitious address to DMV, DMV will cancel but not suspend the person’s driver license, driver permit or identification card under section (1) of this rule.

(7) Section (4) of this rule applies to driver licenses, driver permits and identification cards that were issued on or after January 1, 2021, and DMV subsequently matches the applicant’s biometric data with the biometric data of another individual in DMV records.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 809.310 & 809.320
DMV 4-2023, minor correction filed 02/02/2023, effective 02/02/2023
DMV 22-2021, minor correction filed 11/18/2021, effective 11/18/2021
DMV 16-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 13-2012, f. & cert. ef. 9-20-12
DMV 11-2011, f. & cert. ef. 11-23-11
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 16-1994, f. & cert. ef. 12-20-94
MV 18-1993, f. 12-17-93, cert. ef. 1-1-94
MV 8-1989, f. & cert. ef. 2-1-89

Or. Admin. R. 735-070-0006 Reinstatement of Driving Privileges Suspended for Obtaining False ID

(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;

(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.

(4) Upon completion of an administrative review, DMV will issue an order. If DMV determines the circumstances of the person’s commission of an act under ORS 809.310(3)(a) or (b) meet the criteria set forth in section (3) of this rule, the person’s driving privileges or right to apply for driving privileges will be reinstated upon payment of a reinstatement fee.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 2012 OL Ch. 14
Statutes/Other Implemented: ORS 809.310, 809.320 & 2012 OL Ch. 14
DMV 15-2012, f. & cert. ef. 11-19-12

Or. Admin. R. 735-070-0010 Reinstatement Following Cancellation or Suspension Under ORS 807.220, 807.230, 807.350, 809.310 and 809.320

(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

(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.

(5) DMV will issue a driver license, driver permit or identification card when a person described in section (4) of this rule returns to Oregon and the person corrects the condition that caused the cancellation and meets all eligibility requirements for driving privileges or an identification card and pays all applicable fees.

(6) DMV will reinstate the person’s driving privileges or identification card, including the person’s right to apply suspended under ORS 809.310(3)(b)–(f) when:

(a) One year has elapsed since the effective date of the suspension; and

(b) The person pays the reinstatement fee.

(7) When a person’s driving privileges or identification card, including the right to apply, is suspended under ORS 809.310(3)(a), DMV will reinstate the driving privileges or identification card one year from the effective date of the suspension if the person:

(a) Provides a verifiable SSN or a written statement that the person has not been assigned a SSN as provided in OAR 735-062-0005(2);

(b) Submits to the collection of biometric data and establishes identity as provided in ORS 807.024 and OAR 735-062-0016;

(d) Submits proof of residence address as provided in OAR 735-062-0030(1); and

(e) Pays the reinstatement fee.

(8) Notwithstanding section (7) of this rule, when a person’s driving privileges or identification card are suspended under ORS 809.310(3)(a) and is no longer a resident of Oregon, the person may request to have their driving privileges, identification card or right to apply reinstated in order to be issued in another jurisdiction. DMV will not issue an Oregon driver license, driver permit or identification card, but will reinstate the driving privileges, identification card or right to apply when:

(a) One year has elapsed since the effective date of the suspension;

(b) The person provides verification from another jurisdiction that:

(A) The person has applied and meets the requirements for driving privileges or an identification card in that jurisdiction; and

(B) The person has surrendered their Oregon driver license or identification card to that jurisdiction, or has stated that the card was surrendered to DMV or that it was lost, destroyed or mutilated; and

(9) A person described in section (8) of this rule, who returns to Oregon, may be eligible for a driver license, driver permit or identification card. DMV will issue a driver license, driver permit or identification card when:

(a) Provides a verifiable SSN or a written statement that the person has not been assigned a SSN as provided in OAR 735-062-0005(2);

(b) Submits to the collection of biometric data and establishes identity as provided in ORS 807.024 and OAR 735-062-0016;

(d) The person submits proof of residence address as provided in OAR 735-062-0030(1); and

(e) The person meets all eligibility requirements for driving privileges or an identification card and pays all applicable fees.

(10) When DMV cancels a person’s driver permit or driver license for withdrawal of consent under ORS 809.320, DMV will reinstate driving privileges when the person:

(a) Pays a replacement driver permit or driver license fee or a renewal fee, if applicable; and

(b) Submits one of the following if the person is under 18 years of age:

(A) An application for a driver permit or driver license that is signed by the person’s mother, father or legal guardian;

(B) Court papers showing that the person is declared emancipated by the court; or

(11) When DMV cancels a person’s driving privileges because the person is not qualified or does not meet the requirements under ORS 807.350, DMV will not grant driving privileges until the person meets the requirements and demonstrates qualification for a driver license under 807.040, 807.050, 807.060, 807.062, 807.065, 807.066 and 807.070.

(12) When the special student driver permit of a person under 16 years of age is canceled under ORS 807.230(7), DMV will only issue driving privileges when the person has reached 16 years of age and if the person is eligible and meets all applicable requirements in 807.040, 807.065 and 807.066 and OAR 735-062-0007 to obtain a driver permit or driver license. When the special student driver permit of a person over 16 years of age is canceled, DMV will not reissue a special student driver permit however the person may apply for a driver license if eligible and if the person meets all applicable requirements in ORS 807.040, 807.065, 807.066 and OAR 735-062-0007.

(13) When an emergency driver permit is canceled under ORS 807.220(3)(g), DMV will:

(a) Reissue an emergency driver permit after one year has elapsed from the effective date of the cancellation if the person is eligible and meets the requirements in OAR 735-064-0230; or

(b) Issue a driver permit or a driver license if the person is eligible and meets all applicable requirements in ORS 807.040, 807.065 and 807.066 and OAR 735-062-0007.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 807.021, 807.022, 807.220, 807.230, 807.400, 809.310 & 809.320
DMV 16-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 34-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08
DMV 19-2006, f. & cert. ef. 12-13-06
DMV 13-2006, f. 9-22-06, cert. ef. 10-2-06
DMV 27-2005, f. 12-14-05 cert. ef. 1-1-06
DMV 23-2005, f. & cert. ef. 11-18-05
DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05
DMV 3-2002, f. & cert. ef. 3-14-02
DMV 16-1994, f. & cert. ef. 12-20-94
MV 18-1993, f. 12-17-93, cert. ef. 1-1-94
MV 14-1992, f. & cert. ef. 10-16-92
MV 16-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0064

Or. Admin. R. 735-070-0015 NDR/PDPS and CDLIS Checks at Reinstatement

(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.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 802.010
Statutes/Other Implemented: ORS 807.040, 807.060, 807.249, 809.380, 809.390 & 809.400
DMV 14-2006, f. 9-29-06, cert. ef. 10-2-06

Or. Admin. R. 735-070-0020 Hearing Following a Cancellation

(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;

(d) When the cancellation has gone into effect.

(4) For the purposes of this rule, a serious danger to the public health, safety or welfare includes, but is not limited to, the following:

(a) A false or fraudulent driver permit, driver license or identification card has been issued and it could be used to facilitate:

(A) A minor's acquisition of alcoholic beverages;

(B) The cashing of forged checks;

(D) Any other unlawful activity.

(b) A driver permit or driver license is issued to a person whose driving privileges are suspended or revoked at the time the driver permit or driver license is issued. This applies to a situation where DMV would not have issued the driver permit or driver license had it known at the time that the person's driving privileges were suspended or revoked.

(c) A person determined by DMV to be an endangerment to persons or property and denied further testing through cancellation of driving privileges under ORS 807.350 and OAR 735-062-0073(5).

(5) The Office of Administrative Hearings will conduct hearings held on identification card cancellations under ORS 807.400 as contested cases in accordance with 183.310 to 183.550.

(6) The Office of Administrative Hearings will conduct hearings held on driver permit or driver license cancellations under ORS 809.310 not based on a conviction as contested cases in accordance with 183.310 to 183.550.

History

Statutory/Other Authority: ORS 183.415, 184.619, 802.010, 807.173 & 809.440
Statutes/Other Implemented: ORS 807.173 & 809.310
DMV 25-2026, minor correction filed 06/29/2026, effective 06/29/2026
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 26-2005, f. & cert. ef. 12-14-05
DMV 18-2005(Temp), f. & cert. ef. 8-18-05 thru 2-13-06
DMV 3-2005, f. 1-20-05, cert. ef. 1-31-05
DMV 3-2002, f. & cert. ef. 3-14-02
MV 5-1992, f. & cert. ef. 4-16-92
MV 9-1989, f. & cert. ef. 2-1-89
MV 16-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0067

Or. Admin. R. 735-070-0030 Suspension/Revocation for Out-of-State Conviction, Suspension or Revocation

(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 DMV; or

(B) The date the notice of conviction is electronically transmitted to Oregon DMV from the reporting jurisdiction.

(b) “Initiated” means the date the conviction is entered on the person’s Oregon driving record.

(c) A conviction is entered on the person’s Oregon driving record when it is manually placed on the record by DMV or when it is transmitted from the reporting jurisdiction if received electronically.

(2) Except as provided in ORS 809.400(1)(b), DMV will suspend or revoke the driving privileges of any resident of this state upon receiving notice of the conviction of the person in another jurisdiction for an offense which, if committed in this state, would be grounds for suspending or revoking of the person’s driving privileges.

(3) DMV shall suspend the commercial driving privileges of a resident of this state pursuant to ORS 809.510(7), upon receiving notice that the person’s commercial driving privileges have been suspended or revoked in another jurisdiction under circumstances that would require DMV to suspend driving privileges if the conduct had occurred in Oregon. The period of suspension will be the same as would be imposed if the conduct had occurred in Oregon.

(4) Oregon DMV shall cease all non-commercial suspensions added to a person’s Oregon driving record before May 14, 2024, that were a result of DMV receiving notification from another state, territory, federal possession or district, or providence of Canada that the person’s driving privileges were suspended or revoked in that jurisdiction under circumstances that would have required DMV to suspend the person’s driving privileges under ORS 813.410(1) if the conduct had occurred in Oregon.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 809.400
Statutes/Other Implemented: ORS 802.540, 809.400 & 809.510
DMV 15-2025, amend filed 11/13/2025, effective 01/01/2026
DMV 5-2024, amend filed 05/14/2024, effective 05/14/2024
DMV 5-2023, minor correction filed 02/23/2023, effective 02/23/2023
DMV 3-2020, minor correction filed 03/25/2020, effective 03/25/2020
DMV 26-2008, f. & cert. ef. 10-23-08
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 22-2004, f. 11-17-04, cert. ef. 1-1-05
DMV 6-1995, f. & cert. ef. 3-9-95
MV 1-1992, f. & cert. ef. 2-18-92
MV 16-1990, f. & cert. ef. 9-25-90
MV 10-1986, f. & ef. 6-20-86, Renumbered from 735-031-0053

Or. Admin. R. 735-070-0035 Effect of Commercial Driving Privilege Withdrawal on Non-Commercial Driving Privileges

(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.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 807
Statutes/Other Implemented: ORS 809.240 & 49 CFR 384.210
DMV 35-2020, amend filed 12/11/2020, effective 01/01/2021
MV 6-1990, f. & cert. ef. 4-2-90

Or. Admin. R. 735-070-0054 Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410

(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.

(3) 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 blood test, the police report form must be received by DMV on or before the 45th day after the date of arrest and must indicate that the person failed a blood test and whether the person was operating a commercial motor vehicle, as well as the information required in paragraphs (2)(b)(B) and (C) of this rule.

(4) If an implied consent suspension has been posted pursuant to this rule and a timely hearing request has not been submitted as provided for in ORS 813.410(4), the driver may have the implied consent suspension withdrawn only by:

(a) Having the police agency or district attorney’s office follow procedures outlined in OAR 735-070-0055;

(b) Obtaining and prevailing at a hearing under ORS 813.440; or

History

Statutory/Other Authority: ORS 184.619, 802.010, 813.100 & 813.120
Statutes/Other Implemented: ORS 813.100, 813.120, 813.130, 813.410, 813.412, 813.440, 813.450 & 813.460
DMV 7-2023, minor correction filed 02/23/2023, effective 02/23/2023
DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 12-2011, f. & cert. ef. 11-23-11
DMV 31-2005, f. & cert. ef. 12-14-05
DMV 23-2004, f. & cert. ef. 11-17-04
DMV 9-1996, f. & cert. ef. 10-10-96
DMV 12-1995, f. & cert. ef. 12-14-95
DMV 7-1995, f. & cert. ef. 3-9-95

Or. Admin. R. 735-070-0055 Withdrawal of Implied Consent Forms by Police Agency

(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.

(2) DMV shall not allow the withdrawal of any form issued under ORS 813.100 if an Implied Consent hearing has been held and a final order has been issued.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 813.100, 813.120 & 813.410
DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 12-1995, f. & cert. ef. 12-14-95
MV 4-1993, f. & cert. ef. 7-16-93
MV 18-1990, f. 11-19-90, cert. ef. 12-1-90
MV 3-1990, f. & cert. ef. 2-1-90

Or. Admin. R. 735-070-0060 Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460

(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.

(2) When DMV receives this notice, it will rescind the suspension that was entered on the driving record of the person whose name was falsely used.

(3) If the notice includes the correct name of the person actually arrested for driving under the influence of intoxicants, DMV will issue a notice of suspension to the person’s address as shown by DMV records. A suspension order under this section is subject to the following:

(a) The suspension begins 35 days from the mailing date of the suspension notice unless a hearing is requested;

(b) The suspension is subject to an increase in the length of the suspension period under ORS 813.430;

(c) DMV must receive a hearing request within 15 days of the mailing date of the suspension notice or the hearing is waived; and

(d) The Office of Administrative Hearings will conduct the hearing pursuant to ORS 813.410 and issue a final order. The suspension will not go into effect pending the outcome of the hearing.

(e) Notwithstanding subsection (d), the time limitations in ORS 813.410(1), (2), (3), (4) and (5) do not apply to a suspension order issued under this section.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 813.410 & 813.460
DMV 8-2023, minor correction filed 02/23/2023, effective 02/23/2023
DMV 36-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 19-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 23-2004, f. & cert. ef. 11-17-04
DMV 12-1995, f. & cert. ef. 12-14-95
MV 4-1993, f. & cert. ef. 7-16-93
MV 25-1987, f. & ef. 10-1-87, Renumbered from 735-031-0070

Or. Admin. R. 735-070-0076 DUII Diversion Agreements — Definitions “Commenced Participating In” and “Presently Participating In” and Removal from Driving Records

(1) When record of a driving while under the influence of intoxicants (DUII) diversion agreement is submitted to DMV under ORS 813.230 and is included on a person’s driving record, for purposes of ORS 813.430, the following definitions apply:

(a) “Commenced participating in” means the date the order allowing diversion is signed by the judge, or the beginning date of any similar alcohol or drug rehabilitation program as evidenced by a state authorized agreement; and

(b) “Presently participating in” means the period of time between the date the order allowing diversion is signed by the judge, or the beginning date of any similar alcohol or drug rehabilitation program as evidenced by state authorized agreement and the ending date of the diversion agreement.

(2) DMV shall vacate a DUII diversion agreement from a driving record upon receipt of an order to vacate the diversion agreement from the court which allowed the diversion agreement.

History

Statutory/Other Authority: ORS 814.616 & 184.619
Statutes/Other Implemented: ORS 802.200, 813.230, 813.430 & 813.520
DMV 10-1997, f. & cert. ef. 10-16-97

Or. Admin. R. 735-070-0080 Ignition Interlock Device (IID) as Requirement Following DUII Suspension

(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.

(4) When the application for a medical exemption is made under section (3) of this rule and approved by DMV, DMV will issue a medical exemption letter. The person must carry a copy of DMV's medical exemption letter while operating a vehicle that would otherwise require installation and use of an IID.

(5) DMV will reinstate driving privileges if during the suspension period for failure to install an IID, the person installs an IID or DMV grants the person a medical exemption.

(6) DMV will terminate the IID requirement at the end of the requirement described in ORS 813.602 if DMV has granted the person a medical exemption and the physician report indicates the medical condition or impairment is permanent.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 813.602
Statutes/Other Implemented: ORS 813.602 & 813.620
DMV 11-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 27-2017, amend filed 12/19/2017, effective 01/01/2018
DMV 12-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 8-2013, f. & cert. ef. 5-23-13
DMV 12-2007, f. 11-30-07, cert. ef. 1-1-08
DMV 15-2001, f. & cert. ef. 9-21-01
DMV 5-1994, f. & cert. ef. 7-21-94
MV 4-1990, f. & cert. ef. 3-2-90
MV 18-1989(Temp), f. 8-31-89, cert. ef. 9-5-89
MV 14-1989, f. & cert. ef. 5-17-89
MV 20-1988, f. & cert. ef. 6-1-88
MV 39-1987, f. 12-11-87, cert. ef. 1-1-88, Renumbered from 735-031-0078

Or. Admin. R. 735-070-0082 Medical Exemption from IID Requirement

(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.

(2) To apply for a medical exemption a person must submit a completed IID Medical Exemption form (DMV form 735-6941). The form must be completed by both the person and the person’s primary care provider or the physician or health care provider providing specialized treatment to the person for the particular medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.

(3) The person must fully complete the information in Section 1 of the IID Medical Exemption form, including:

(a) The reason(s) the person is required to install an IID; and

(b) An explanation of why the person believes he or she has a medical condition or functional impairment that prevents the operation of an IID or prevents safe operation of a vehicle equipped with an IID.

(4) Section 2 of the IID Medical Exemption form must be completed by the person’s primary care provider, or a physician or health care provider providing specialized treatment to the person for a medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID. The physician or health care provider must determine that in his or her professional opinion the person is unable to operate an IID or is unable to safely operate a vehicle equipped with an IID because of the person’s medical condition or functional impairment, including but not limited to a determination that:

(a) The person has a medical condition or functional impairment that does not allow the person to provide the necessary alveolar air or deep lung air sample to properly operate the device; or

(b) The person consistently has a ketone level in his or her breath which creates a false positive reading of over .020 blood alcohol concentration even though the person has had no alcohol.

(5) If the determination of the physician or health care provider described in section (4) of this rule is not based on subsection (a) or (b), the physician or health care provider must provide a detailed description of why the medical condition or functional impairment prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.

(6) In completing Section 2 of the IID Medical Exemption form, the physician or health care provider must:

(a) Specify the medical condition or functional impairment that prevents the person from operating an IID or prevents the person from safely operating a vehicle equipped with an IID;

(b) State whether the medical condition or functional impairment is permanent or temporary, and if temporary, the projected length of time; and

(c) Specify why the medical condition or functional impairment prevents the person from operating an IID or prevents the person from safely operating a motor vehicle equipped with an IID.

(7) From the information provided on the IID Medical Exemption form, DMV will determine if the person qualifies for a medical exemption. If DMV determines from the information on the form that the person qualifies, DMV will issue a medical exemption. If DMV is unable to determine from the information provided that the person qualifies, DMV will deny the medical exemption.

(8) If the person’s medical condition or functional impairment is temporary, DMV will issue a temporary IID medical exemption that expires on the date specified in Section 2 of the IID Medical Exemption form, or a date six months from the date of issuance if no date is provided. If the temporary condition or functional impairment continues beyond the expiration date of the temporary IID medical exemption, the person may submit a signed statement from the physician or health care provider who completed the Request for IID Medical Exemption form describing the person’s continuing need for a medical exemption, or the person may submit a new application as set forth in sections (2) through (4) of this rule. From the information submitted DMV will determine if the person continues to qualify for a temporary IID medical exemption.

(9) Before granting or denying an IID medical exemption, DMV may require the person to provide additional information from a physician or health care provider or to obtain a statement from an IID provider that the device cannot be adjusted to accommodate the person’s medical condition or functional impairment.

(10) A person who is granted an IID medical exemption by DMV will be issued a medical exemption letter. The person must carry the IID medical exemption letter issued by DMV when driving.

(11) A person who must install and use an IID as a condition of a DUII diversion agreement must obtain an IID medical exemption from the court. The person must submit a completed IID Medical Exemption form directly to the court that approved the DUII diversion agreement. The court must approve or deny the IID medical exemption request. DMV will not forward an IID Medical Exemption form to a court if it is submitted to DMV in error.

(12) A person may need both an IID medical exemption letter issued by DMV and an IID medical exemption approval issued by a court. An IID medical exemption letter issued by DMV is not valid if the person is required to install an IID as a condition of a DUII diversion. A medical exemption issued by a court is not valid if the requirement to install and use an IID is required for any reason other than a DUII diversion agreement. Both an IID medical exemption letter issued by DMV and IID medical exemption approval issued by a court must be carried by the person when driving.

(13) DMV may use a court-issued IID medical exemption letter to terminate an IID requirement at the end of the diversion agreement if there is no indication of either:

(a) The exemption granted by the court being temporary; or

(b) Prior to the end of the diversion agreement the person was required to install an ignition interlock device.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 813.602
Statutes/Other Implemented: ORS 813.602
DMV 12-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 12-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 21-2013, f. 12-20-13, cert. ef. 1-1-14

Or. Admin. R. 735-070-0085 Proof of Treatment Completion Required for Reinstatement of DUII Suspension

(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).

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 809.380, 2012 OL Ch. 9 & 2013 OL Ch. 233
Statutes/Other Implemented: 2012 OL Ch. 9 & 2013 OL Ch. 233
DMV 16-2013, f. & cert. ef. 11-25-13
DMV 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
DMV 10-2012, f. & cert. ef. 7-19-12
DMV 4-2012(Temp), f. & cert. ef. 3-26-12 thru 9-21-12
DMV 5-1994, f. & cert. ef. 7-21-94

Or. Admin. R. 735-070-0110 Hearing Requests Under the Administrative Procedures Act

(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

(2) A hearing request must be in writing and must:

(a) Include the person’s full name;

(b) Separately identify each action being contested if a hearing is being requested for more than one suspension, revocation or cancellation action;

(c) Be postmarked within 20 days of the date of the notice. If the hearing request is not postmarked or a postmark date cannot be determined, it must be received by the Driver and Motor Vehicle Services Division of ODOT (DMV) within 20 days of the date of the notice; and

(d) Be mailed or personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR 97314 or if sent by facsimile machine (FAX), received by DMV at FAX number (503) 945-5521 or submitted online through DMV’s website

(3) A Hearing request should also include the person’s: address, driver license, permit, identification or customer number; date of birth; and telephone number with area code.

(4) Except as provided in OAR 137-003-0528, the person’s right to a hearing is waived if a hearing is not requested within the time period specified in section (2) of this rule and the notice becomes the final order by default. The time period for requesting a hearing will be computed as set forth is OAR 137-003-0520(11).

History

Statutory/Other Authority: ORS 183.415, 184.619, 802.010 & 809.440
Statutes/Other Implemented: ORS 809.440
DMV 35-2024, minor correction filed 12/11/2024, effective 12/11/2024
DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021
DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 23-2004, f. & cert. ef. 11-17-04
DMV 12-1995, f. & cert. ef. 12-14-95
MV 5-1992, f. & cert. ef. 4-16-92
MV 13-1990, f. & cert. ef. 7-16-90
MV 29-1988, f. & cert. ef. 12-16-88

Or. Admin. R. 735-070-0130 Fatal Accident Suspension

(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.

(2) A suspension under ORS 809.417(3) will be for a period of one year.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 809.417
Statutes/Other Implemented: ORS 809.417
DMV 22-2003, f. 12-15-03 cert. ef. 1-1-04
DMV 6-1997, f. & cert. ef. 7-15-97
MV 13-1989, f. & cert. ef. 3-20-89

Or. Admin. R. 735-070-0145 Counting Convictions Toward Habitual Offender Revocation

(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.

(2) In accordance with ORS 801.020(11)(c), if a person is convicted of more than one offense arising from the same incident, with at least one offense described in ORS 809.600(1) and at least one offense described in ORS 809.600(2), the more serious offense as described in ORS 809.600(1) will count toward the Habitual Offender Program.

(3) If DMV orders a five-year revocation based on three convictions within five years for offenses described in ORS 809.600(1) or for 20 convictions within five years for offenses described in ORS 809.600(2), those convictions will not be counted toward a possible future revocation under the Habitual Offender Program.

(4) DMV will not count an out-of-state conviction under the habitual offender program when the conviction is entered to the record at the time Oregon becomes the person’s state of record.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 802.200
Statutes/Other Implemented: ORS 801.020, 802.200, 809.600, 809.610 & 809.640
DMV 15-2025, amend filed 11/13/2025, effective 01/01/2026
DMV 14-2019, adopt filed 06/21/2019, effective 06/21/2019

Or. Admin. R. 735-070-0170 Hearing Regarding Civil Penalty for Violation of an Out-of-Service Order or Notification of Violation

(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.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 813.055
Statutes/Other Implemented: ORS 813.055, 49 CFR §383.53 & Appendix B to 49 CFR Part 386, paragraph (b)(1)
DMV 6-2024, amend filed 05/14/2024, effective 05/14/2024
DMV 16-2023, amend filed 07/18/2023, effective 07/18/2023
DMV 16-2022, amend filed 11/17/2022, effective 01/01/2023
DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 17-2008, f. & cert. ef. 7-23-08
MV 13-1993, f. 10-22-93, cert. ef. 11-4-93

Division 72 DRIVER IMPROVEMENT

Or. Admin. R. 735-072-0000 Application of the Driver Improvement Program

(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.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 809.480
Statutes/Other Implemented: ORS 809.480
DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02
DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
DMV 10-1994, f. 9-30-94, cert. ef. 10-1-94
MV 23-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-031-0300
MV 24-1985, f. 12-31-85, ef. 1-1-86

Or. Admin. R. 735-072-0010 Purpose of the Driver Improvement Program

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.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 809.480
Statutes/Other Implemented: ORS 809.480
DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02
DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
MV 24-1985, f. 12-31-85, ef. 1-1-86, Renumbered from 735-031-0305

Or. Admin. R. 735-072-0020 Driver Improvement Program Definitions

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.

(6) “Driver license” has the meaning specified in ORS 801.245.

(7) “Preventable accident” means a traffic accident reported by a police officer that indicates a driver failed to do everything a driver reasonably could have done to prevent the accident.

(8) “Provisional driver” means a driver who has reached 14 years of age but has not yet reached 18 years of age.

(9) “Record review date” means the date on which DMV reviews a driving record to:

(a) Record a driver improvement offense to a person’s driving record;

(b) Grant driving privileges or fully reinstate the driving privileges following a suspension or revocation; or

(c) Consolidate multiple driving records into a single customer record, upon determining that DMV created more than one record for the same person.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 809.480
Statutes/Other Implemented: ORS 802.200 & 809.480
DMV 20-2025, amend filed 11/14/2025, effective 01/01/2026
DMV 40-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 22-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 11-2019, minor correction filed 04/26/2019, effective 04/26/2019
DMV 3-2013, f. 4-22-13, cert. ef. 5-1-13
DMV 2-2011, f. & cert. ef. 3-2-11
DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02
DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
DMV 10-1994, f. 9-30-94, cert. ef. 10-1-94
MV 23-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-031-0310
MV 24-1985, f. 12-31-85, ef. 1-1-86

Or. Admin. R. 735-072-0023 Provisional Driver Improvement Program

(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.

(4) DMV will suspend for six months the driving privileges or right to apply for driving privileges of any provisional driver who has three driver improvement offenses.

(5) For each subsequent driver improvement offense, DMV will suspend for six months the driving privileges or right to apply for driving privileges of a provisional driver, regardless of a previous or current Driver Improvement Program suspension(s), who has four or more driver improvement offenses.

(6) DMV will suspend for one year the driving privileges or the right to apply for driving privileges of a provisional driver convicted of any offense listed in ORS 809.600(1). This suspension is for Provisional Driver Improvement Program purposes and is in addition to any suspension or revocation imposed because of the specific conviction.

(7) The suspension period for suspensions imposed under sections (4), (5) and (6) of this rule will be imposed for the full suspension period, regardless of whether the provisional driver becomes 18 years of age during the suspension period. A suspension of driving privileges or the right to apply for driving privileges under this rule shall run concurrently with any other suspension, revocation, or cancellation in effect at the time the suspension begins.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 809.480
Statutes/Other Implemented: ORS 802.200 & 809.480
DMV 40-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 22-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 3-2013, f. 4-22-13, cert. ef. 5-1-13
DMV 19-2004, f. & cert. ef. 8-20-04
DMV 13-2003, f. & cert. ef. 9-22-03
DMV 7-2003(Temp), f. 5-14-03, cert. ef. 5-15-03 thru 11-10-03
DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02
DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02

Or. Admin. R. 735-072-0027 Adult Driver Improvement Program

(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.

(4) DMV will suspend the driving privileges or right to apply for driving privileges of an adult driver who within the 24-month period immediately prior to the record review date has five driver improvement offenses.

(5) For each subsequent driver improvement offense, DMV will suspend the driving privileges or right to apply for driving privileges of an adult driver, regardless of a previous or current Driver Improvement Program suspension(s), who within the 24-month period immediately prior to the record review date has five or more driver improvement offenses.

(6) The suspension period under sections (4) and (5) of this rule will be for 30 days. The suspension will run concurrently with any other suspension, revocation, or cancellation in effect at the time the suspension begins.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 809.480
Statutes/Other Implemented: ORS 802.200 & 809.480
DMV 40-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 22-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 19-2004, f. & cert. ef. 8-20-04
DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02
DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02

Or. Admin. R. 735-072-0041 DMV Determination of Driver Improvement Offenses for the Driver Improvement Program

(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) DMV will not count an out-of-state conviction under the driver improvement program when the conviction is entered to the record at the time Oregon becomes the person’s state of record.

(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;

(d) Speed of the driver’s vehicle.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 809.480
Statutes/Other Implemented: ORS 802.200 & 809.480
DMV 15-2025, amend filed 11/13/2025, effective 01/01/2026
DMV 40-2020, adopt filed 12/11/2020, effective 01/01/2021
DMV 22-2020, temporary adopt filed 06/25/2020, effective 07/06/2020 through 01/01/2021

Or. Admin. R. 735-072-0050 Rights to a Hearing or Administrative Review

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.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 809.480
Statutes/Other Implemented: ORS 809.480
DMV 2-2011, f. & cert. ef. 3-2-11
DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02
DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
MV 19-1991, f. & cert. ef. 9-18-91
MV 24-1985, f. 12-31-85, ef. 1-1-86, Renumbered from 735-031-0325

Division 74 AT-RISK DRIVER PROGRAM — MANDATORY REPORT FOR MEDICAL PROFESSIONALS

Or. Admin. R. 735-074-0050 Policy and Objective

(1) It is the policy of DMV to promote safety for all persons who travel or otherwise use the public highways of this state.

(2) The underlying policy of the Department's rules on medically at-risk drivers is to preserve the independence, dignity, and self-esteem that result from providing one's own mobility, so long as it is possible to do so without risk to oneself or to others.

(3) It is therefore an objective of these rules, OAR 735, division 074, to establish a program for the mandatory reporting to DMV of those drivers who have functional and cognitive impairments that may affect the person's driving ability. OAR 735, division 076, also authorizes acceptance of a mandatory report as a non-mandatory report when the report fails to meet mandatory reporting requirements, but does meet non-mandatory reporting requirements.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.710
Statutes/Other Implemented: ORS 807.710
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0060 Purpose

(1) DMV recognizes that some persons have, or may develop, cognitive or functional impairments that affect driving ability. DMV acknowledges that the purpose of these OAR 735, division 074, rules is to prevent injury or death by establishing requirements for the mandatory reporting by physicians and health care providers of those persons with severe and uncontrollable cognitive or functional impairments affecting a person's ability to safely operate a motor vehicle.

(2) These OAR 735, division 074, rules designate:

(a) Those physicians and health care providers required to report and the cognitive or functional impairments that must be reported to DMV under ORS 807.710;

(b) The procedures for making a mandatory report to DMV;

(d) The process a person who wants to keep or regain their driving privileges must follow.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.710
Statutes/Other Implemented: ORS 807.710
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0070 Authority to Obtain Medical Information and DMV Use of Medical Information

(1) DMV is authorized by law, ORS 807.710, to receive protected health information from covered health entities for the purpose of preventing injury which may be caused by drivers who are unable to safely operate a motor vehicle because of severe and uncontrollable cognitive or functional impairments. DMV is the state agency responsible for public health matters relating to the monitoring of drivers who may be ineligible for driving privileges because of a mental or physical disease or disability resulting in a cognitive or functional impairment that affects the driver’s ability to safely operate a motor vehicle.

(2) DMV will use the medical information provided by physicians and health care providers only to determine whether or not a person can safely operate a motor vehicle and is qualified for driving privileges, and for taking any action deemed necessary by DMV. The protected health information required to be reported by these rules is the minimum necessary to accomplish the purposes of ORS 807.060, 807.090, 807.350, 807.710 and 809.410.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 807.710
Statutes/Other Implemented: ORS 807.710
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0072 Designating At-Risk Medical Determination Standards

DMV adopts the “At-Risk Medical Determination Standards,” revised May 2025, as the standards used by DMV’s Medical Determination Officers when determining a person’s medical eligibility for driving privileges and whether one or more of the following are required:

(1) Additional medical information;

(2) Successful completion of DMV tests; and

(3) Medical recertification at a later date.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.710
Statutes/Other Implemented: ORS 807.710
DMV 12-2025, adopt filed 07/24/2025, effective 07/24/2025

Or. Admin. R. 735-074-0080 Definitions

For the purpose of these OAR 735, division 074, rules, the following definitions apply:

(1) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(2) “Driver Medical Report form” means the DMV form provided to a person or a form approved by DMV used to obtain medical information for determining if the person is eligible or qualified for driving privileges.

(3) “Health care” means evaluation or treatment intended to:

(a) Improve or maintain human function; or

(b) Treat or manage pain, disease, condition or injury, and includes but is not limited to a medical or behavioral health disorder, substance use disorder, and mental health care.

(4) “Health care provider” has the meaning set forth in ORS 807.710 and, for the purpose of these rules, OAR 735, division 074, is limited to a chiropractic physician, nurse practitioner, occupational therapist, physical therapist, optometrist, physician associate, podiatric physician or surgeon, and a mental health provider.

(5) “Hospitalist” means a physician or health care provider who specializes in providing and managing the care and treatment of hospitalized patients.

(6) “Immediate suspension or cancellation” means the suspension or cancellation of driving privileges or the right to apply for driving privileges before the person is given an opportunity for a hearing to contest the suspension or cancellation.

(7) “Intoxicant” is as defined in ORS 801.321.

(8) “Loss of consciousness or control” means an unpredictable medical event experienced at any time by a person in which the normal control of the person's body is compromised due to the event, rendering the person unconscious, unable to experience normal sensory perception, or unable to initiate the physical motion required to safely operate a motor vehicle. “Loss of consciousness or control” includes, but is not limited to, seizure, syncope, narcolepsy, hypoglycemia, sleep apnea or black-out.

(9) “Mandatory reporting” or “mandatory report” means a report of a cognitive or functional impairment that is both severe and uncontrollable, submitted by a physician or health care provider as mandated under ORS 807.710 and OAR 735-074-0090 to 735-074-0130

(10) “Medical Determination Officer” or “MDO” means a physician, nurse practitioner or physician associate, licensed to provide health care services by the State of Oregon, and employed or designated by DMV to make medical determinations of a person’s medical eligibility for driving privileges.

(11) “Mental health provider” means a person licensed in the State of Oregon who provides clinical treatment and interventions specific to either or both of the following:

(a) Mental health impairments, including but not limited to, depression, bipolar and schizophrenia.

(b) Behavioral health impairments, including but not limited to, substance abuse, addiction and self-harm.

(12) “Physician” has the meaning set forth in ORS 807.710.

(13) “Primary and secondary driving controls” mean the steering wheel, gas pedal, brake, clutch (if applicable), gear shift lever or stick, turn signal controls, headlight controls, windshield wiper controls, defrost control and horn of a motor vehicle.

(14) “Primary care provider” means a physician or health care provider who is responsible for supervising, coordinating and providing a person’s initial and ongoing health care, as of the date of exam reflected on a Mandatory Impairment Referral (Form 735-7230) or a Driver Medical Report (Form 735-6587) , including initiating consultations, referrals for health care outside of the provider’s scope of practice, and specialist care to assure continuity of a person’s medically appropriate health care.

(15) “Recertification” means the process for requiring the person to reestablish medical eligibility at periodic intervals by submitting updated medical or vision information.

(16) “Severe” means that the impairment substantially limits a person’s ability to perform Instrumental Activities of Daily Living (IADLs), including driving, because the impairment is not controlled or compensated for by medication, therapy, surgery or adaptive devices. “Severe” does not include a temporary impairment for which the person is being treated by a physician or health care provider and which is not expected to last more than six months.

(17) “Tests” mean examinations under ORS 807.070 that establish a person's eligibility for driving privileges. “Tests” include a DMV vision screening, a knowledge test and a drive test.

(18) “Uncontrollable” means the impairment persists despite efforts to control or compensate for the impairment by medication, therapy, surgery, or adaptive devices. “Uncontrollable” does not include an impairment for which treatment by medication, therapy, surgery or adaptive devices is currently under evaluation.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.710
Statutes/Other Implemented: ORS 807.710
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 13-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 12-2013, f. & cert. ef. 9-24-13
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 14-2005, f. & cert. ef. 5-19-05
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0090 Physicians and Health Care Providers Required to Report to DMV

(1) If providing health care services to a person meeting the criteria set forth in OAR 735-074-0100 or 735-074-0110, the following physicians and healthcare providers must submit a report to DMV as described in OAR 735-074-0120:

(a) The person’s primary care provider.

(b) A physician or healthcare provider providing emergency healthcare services.

(c) A physician or a health care provider providing a specialist evaluation or ongoing specialist healthcare services for a cognitive or functional impairment meeting the criteria set forth in OAR 735-074-0110.

(d) A hospitalist serving as the primary care provider while the patient is hospitalized.

(2) A physician or health care provider providing a specialist evaluation or specialist healthcare services related to a cognitive or functional impairment meeting the criteria set forth in OAR 735-074-0110, must:

(a) Submit a report to DMV; or

(b) Provide one or more of the following to the referring provider:

(A) Applicable findings.

(B) Test results.

(3) Upon receipt of any of the items identified in subsection (2)(b) of this rule, the referring provider must submit a report to DMV when the cognitive or functional impairment meets the criteria set forth in OAR 735-074-0110.

(4) An ophthalmologist or optometrist providing health care services to a person who does not meet the DMV vision standards set forth in OAR 735-062-0050 with corrective lenses or devices must:

(a) Submit a report to DMV; or

(b) Provide the findings or test results to the person’s primary care provider. Upon receipt of findings from the ophthalmologist or optometrist, the primary care provider must submit a report to DMV.

(5) Notwithstanding section (1) of this rule, a physician or health care provider providing health care services to a person meeting the criteria set forth in OAR 735-074-0100 and 735-074-0110, is not required to submit a report to DMV if the person is incapacitated and not expected to regain the ability to drive.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.710
Statutes/Other Implemented: ORS 807.710
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 14-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 12-2013, f. & cert. ef. 9-24-13
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0100 Report of Visual Acuity or Field of Vision not Meeting DMV Standards

(1) A physician or health care provider must submit a report to DMV if providing health care services to a person whose vision does not meet the standards established in OAR 735-062-0050(2).

(2) Notwithstanding section (1) of this rule, a report is not required if by use of corrective lenses the person’s vision meets DMV vision standards under OAR 735-062-0050 and a use of corrective lenses restriction is on the person’s driver license. For purposes of this rule, corrective lenses do not include bioptic or telescopic lenses.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 807.710
Statutes/Other Implemented: ORS 807.710
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0110 Severe and Uncontrollable Impairments that must be Reported to DMV

As required by OAR 735-074-0090, a physician or health care provider must submit a report, as described in 735-074-0120, to DMV when providing health care services to a person, 14 years of age or older, and who has one or more of the following cognitive or functional impairments which is severe and uncontrollable:

(1) Functional impairments include sensory impairments affecting peripheral sensation of extremities, including but not limited to: tingling and numbness and loss of position sense in extremities affecting the ability to feel, grasp, manipulate or release objects or use foot controls effectively.

(2) Functional impairments include motor impairments affecting the following areas:

(a) Strength, including but not limited to:

(A) The inability to consistently maintain a firm grip on objects;

(B) The inability to apply consistent pressure to objects with legs and feet;

(D) Weakness or paralysis in extremities affecting the ability to feel, grasp, manipulate or release objects or use foot controls effectively.

(b) Flexibility, including but not limited to: rigidity or limited range of mobility in neck, torso, arms, legs or joints.

(A) Difficulty and slowness in initiating movement;

(B) Vertigo, dizziness, loss of balance or other motor planning conditions;

(D) Loss of muscle control.

(3) Cognitive impairments affecting the following areas:

(a) Attention, including but not limited to:

(A) Decreased awareness;

(B) Reduction in the ability to efficiently switch attention between multiple objects; or

(b) Judgment and problem solving, including but not limited to:

(A) Reduced processing speed;

(B) An inability to understand a cause and effect relationship; or

(d) Planning and sequencing, including but not limited to:

(A) A deficit in the ability to anticipate or react to changes in the environment; or

(B) Problems with sequencing activities.

(e) Impulsivity, including but not limited to:

(A) Lack of emotional control; or

(B) Lack of decision making skills.

(f) Visuospatial, including but not limited to problems determining spatial relationships.

(g) Memory, including but not limited to:

(A) Problems with confusion or memory loss; or

(B) A decreased working memory capacity.

(h) Loss of consciousness or control.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 807.710
Statutes/Other Implemented: ORS 807.710
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0120 The Mandatory Report to DMV

(1) To report a severe and uncontrollable functional or cognitive impairment as required by OAR 735-074-0110, the reporting physician or health care provider must complete and submit to DMV a Mandatory Impairment Referral form (DMV form 735-7230). A report may also be submitted by proxy on a form approved by DMV and substantially similar to DMV Form 735-7230 containing all required content, including the statement “Proxy for DMV’s Mandatory Impairment Referral form (DMV form 735-7230).”

(2) To report visual acuity or field of vision not meeting DMV standards as required by OAR 735-074-0100, the reporting physician or health care provider must complete and submit to DMV a Mandatory Impairment Referral form (DMV form 7230). A report may also be submitted by proxy on a form approved by DMV and substantially similar to DMV Form 735-7230 containing all required content, including the statement “Proxy for DMV’s Mandatory Impairment Referral form (DMV form 735-7230).”

(3) A form described in section (2) of this rule must contain the following information:

(a) The name, address, date of birth, sex, and Oregon driver license or identification card number (if known) of the person being reported;

(b) The functional or cognitive impairment(s) being reported, as described in OAR 735-074-0100 or 735-074-0110;

(d) The name, professional license or certification number and signature of the reporting physician or health care provider; and

(e) The date of the person's most recent examination, within the prior six months of the date the form is submitted to DMV.

(4) If available, and applicable, the following information may be included on the form:

(a) Any underlying medical diagnosis or condition related to the reported impairments;

(b) The date of the person's last episode of loss of consciousness or control, date of cerebrovascular accident (CVA), cardiac event or intoxicant use or relapse;

(c) Medication prescribed that may interfere with safe driving behaviors or medication prescribed to treat the impairment(s) reported; and

(d) The address and phone number, of the reporting physician or health care provider.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.710
Statutes/Other Implemented: ORS 807.710
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0130 Standards for Identifying How Impairments Affect Driving

DMV determines that severe functional or cognitive impairments that are not correctable or controllable by medication, therapy, surgery or adaptive devices adversely affect a person’s ability to safely operate a motor vehicle in the following manner:

(1) Sensory impairments: Peripheral sensation of extremities causing tingling or numbness in extremities results in:

(a) The inability to firmly grasp, manipulate, operate and release primary and secondary driving controls resulting in momentary loss of control of the vehicle, in improper or delayed signal to other drivers that the vehicle is turning, changing lanes or stopping, or difficulty stopping the vehicle;

(b) Difficulty gripping the steering wheel resulting in loss of ability to control the vehicle’s lane position and turning motion;

(c) Difficulty using foot controls effectively resulting in improper or delayed signal to other drivers that the vehicle is slowing or stopping, or difficulty stopping the vehicle.

(2) Motor impairments:

(a) Strength:

(A) The inability to consistently maintain a firm grip on objects results in:

(i) Difficulty firmly gripping and turning a steering wheel resulting in loss of ability to safely control the vehicle’s lane position and turning motion; and

(ii) A diminished capacity to operate primary and secondary driving controls resulting in reduced control over the vehicle and in improper or delayed signal to other drivers that the vehicle is turning, changing lanes or stopping, or inability to adjust highbeam headlights when necessary.

(B) The inability to apply consistent pressure to objects with legs or feet results in the inability to apply consistent pressure to the brake and gas pedals, resulting in difficulty or inability to maintain consistent speed or stop the vehicle.

(C) Weakness or paralysis of muscles affecting the ability to maintain sitting balance results in the danger of falling to one side during turns or other sudden motions resulting in the loss of vehicular control.

(D) Weakness or paralysis in extremities affecting the ability to feel, reach, grasp, manipulate or release objects or use foot controls effectively results in the inability to reach, grasp and operate primary and secondary driving controls resulting in difficulty controlling, turning or stopping a vehicle; failure to, or delay in, use of appropriate signals for turning, changing lanes or stopping; or difficulty maintaining lane position, turning and a consistent speed.

(b) Flexibility: Rigidity and/or limited range of mobility in neck, torso, arms, legs or joints results in:

(A) The inability to reach, grasp and operate primary and secondary driving controls resulting in difficulty controlling, turning or stopping a vehicle; failure to, or delay in, use of appropriate signals for turning, changing lanes or stopping; or difficulty maintaining lane position, turning and a consistent speed; and

(B) Difficulty turning the head to check the blind spot prior to a lane change, and to observe vehicles or pedestrians entering the roadway or when merging with traffic.

(A) Difficulty and slowness in initiating movement results in:

(i) The inability to simultaneously operate primary and secondary controls resulting in difficulty controlling, turning or stopping a vehicle; failure to, or delay in, use of appropriate signals for turning, changing lanes or stopping; or difficulty maintaining lane position or consistent speed, and difficulty performing turning maneuvers;

(ii) Delay in responding to the position of other vehicles that are changing lanes, are in the oncoming lane of traffic or are entering the roadway; and

(iii) Delay in responding to changing traffic control devices or changing traffic conditions.

(B) Vertigo, dizziness, loss of balance or other motor planning conditions results in:

(i) Difficulty maintaining lane position and control of the vehicle; and

(ii) Improper braking and/or accelerating behavior in response to changing traffic conditions.

(i) The inability to coordinate the fine motor movements needed to operate primary and secondary driving controls resulting in difficulty controlling, turning or stopping a vehicle; failure to, or delay in, use of appropriate signals for turning, changing lanes or stopping; or difficulty maintaining lane position or consistent speed, and difficulty performing turning maneuvers; and

(ii) The inadvertent activation of the brake or gas pedal resulting in inconsistent speed or improper braking of the vehicle.

(D) Loss of muscle control results in:

(i) Loss of ability to use arms and/or legs in operating primary and secondary driving controls resulting in difficulty controlling, turning or stopping a vehicle; delayed use or failure to use appropriate signals for turning, changing lanes or stopping; or difficulty maintaining lane position or consistent speed, and difficulty performing turning maneuvers; and

(ii) The inability to maintain safe control of a vehicle for prolonged distances.

(3) Cognitive impairments:

(a) Attention:

(A) Decreased awareness results in:

(i) Distraction or disorientation while driving;

(ii) Difficulty maintaining control of a vehicle for prolonged distances;

(iii) Delay in timely response to traffic control devices or directives;

(iv) Delay in timely response to changes in traffic conditions, traffic hazards and emergencies; and

(v) Delay in observing and responding to the position of other vehicles that are changing lanes, are in the oncoming lane of traffic or entering the roadway.

(B) A reduction in the ability to efficiently switch attention between multiple objects results in:

(i) Delay in observing and reacting to road hazards, vehicles changing lanes or vehicles entering the roadway; and

(ii) The inability to simultaneously manipulate vehicle controls and watch the roadway.

(i) Delay in timely response to changes in traffic conditions, and traffic hazards and emergencies;

(ii) Delay in observing and reacting to road hazards, vehicles changing lanes or vehicles entering the roadway; and

(iii) Delay in timely response to traffic control devices or directives.

(b) Judgment and problem solving:

(A) Reduced processing speed results in:

(i) Delay in timely response to changes in traffic conditions, and traffic hazards and emergencies;

(ii) Delay in observing and reacting to road hazards, vehicles changing lanes or vehicles entering the roadway; and

(iii) Delay in timely response to traffic control devices or directives.

(B) An inability to understand the cause and effect relationship results in:

(i) The inability to anticipate the probable outcome in various driving situations resulting in delayed or no response to changes in traffic conditions, traffic hazard and emergencies, vehicles changing lanes, or vehicles, pedestrians or bicycles enter the roadway; and

(ii) Improper or delayed signal to other drivers that the vehicle is turning, changing lanes or stopping.

(i) Delay in timely response to traffic control devices or directives; and

(ii) Delay in timely response to changes in traffic conditions, and traffic hazards and emergencies.

(A) Delay in observing and reacting to road hazard, vehicles changing lanes or vehicles, pedestrians or bicycles entering the roadway; and

(B) Delay in timely response to changes in traffic conditions, and traffic hazards and emergencies.

(d) Planning and sequencing:

(A) A deficit in the ability to anticipate and/or react to changes in the environment results in:

(i) Delay in observing and reacting to road hazard, vehicles changing lanes or vehicles, pedestrians or bicycles entering the roadway; and

(ii) Delay in timely response to changes in traffic conditions, and traffic hazards and emergencies.

(B) Problems with sequencing activities results in:

(i) Difficulty planning and safely maneuvering a driving route;

(ii) Frequently becoming lost, confused and unable to find the way from one location to another while driving resulting in panic and sudden, irrational changes in direction or loss of control of the vehicle.

(e) Impulsivity:

(A) Lack of emotional control results in inappropriate emotional outbursts that can cause road rage and results in aggressive driving behaviors such as speeding, following too closely, not checking the intersection before entering when a light changes to green and cutting in and out of traffic.

(B) Lack of decision making skills results in:

(i) Delay in timely response to traffic control devices or directives;

(ii) Difficulty planning driving routes resulting in rapid lane changes, or unsignaled or dangerous turns; and

(iii) Delay in observing and reacting to road hazard, vehicles changing lanes or vehicles, pedestrians or bicycles entering the roadway.

(f) Visuospatial: Problems determining spatial relationships result in:

(A) Difficulty maintaining lane position, merging with traffic or changing lanes;

(B) Difficulty observing and delay in responding to the position of other vehicles driving on the roadway, the position of roadway curbs, and the position of parked vehicles alongside the roadway; and

(g) Memory:

(A) Problems with confusion and/or memory loss result in:

(i) Frequently becoming lost, confused and unable to find the way from one location to another while driving resulting in panic and sudden, irrational changes in direction or loss of control of the vehicle;

(ii) Failure or delay in observing and responding to traffic control devices and directives;

(iii) The inability to consistently perform safe driving techniques;

(iv) A lack of attention to other traffic;

(v) Abrupt lane changes without looking for other traffic;

(vi) Turning in front of an oncoming vehicle; and

(vii) Drifting in and out of traffic lane.

(B) A decreased working memory capacity results in:

(i) Frustration and confusion causing abrupt, unplanned or unsignaled turning, lane changes or stopping;

(ii) The necessity for instruction from a passenger on proper driving techniques; and

(iii) Lack of attention to other traffic.

(h) Loss of consciousness or control while driving results in loss of vehicle control.

History

Statutory/Other Authority: ORS 184.616, 184.619 & 807.710
Statutes/Other Implemented: ORS 807.710
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0140 DMV Response to Mandatory Report — Suspension, Opportunity to Re-Test, Reinstatement

(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:

(a) Contain the information required by OAR 735-074-0120, DMV may contact the reporting physician or health care provider or return the form for completion.

(b) Meet the requirements for a mandatory report, but 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 076, 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 based on the Medical Determination Standards defined in OAR 735-074-0072 and current medical knowledge and practice, DMV will suspend driving privileges or the right to apply for driving privileges under ORS 809.419(3), if DMV determines 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. DMV will immediately suspend a person’s driving privileges or the right to apply for driving privileges if DMV has reason to believe the person may endanger people or property if not immediately suspended. A suspension under this section shall remain in effect until the person completes all DMV requirements, which may include obtaining a determination of medical eligibility, meeting visual acuity and field of vision standards, and passing DMV tests.

(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. A suspension under this section shall remain in effect until the person provides documentation to DMV that the person meets the visual acuity and field of vision standards.

(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 test under OAR 735-062-0050, a knowledge test under OAR 735-062-0040 and a DMV drive test under OAR 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) Submits proof of successful completion of a driver rehabilitation program conducted by a rehabilitation specialist;

(b) Submits proof of successful completion of a driver training course conducted by an ODOT certified commercial driver training school; or

(c) 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).

(5) A person whose driving privileges and right to apply for driving privileges are suspended because of a cognitive impairment or a cognitive impairment in conjunction with a functional impairment reported under OAR 735-074-0110 may request to be tested by DMV to demonstrate that notwithstanding the disorder or the impairment, the person is qualified to safely operate a motor vehicle. Before DMV will grant the request to be tested, the Medical Determination Officer must determine that the person is medically eligible to take tests. If eligible for testing, the person must first pass a vision test under OAR 735-062-0050 and a knowledge test under OAR 735-062-0040, and then a DMV drive test under OAR 735-062-0070.

(6) A request for testing under sections (4) and (5) of this rule must be made by contacting DMV headquarters as described in the suspension notice or letter informing the person they are medically eligible to take tests.

(7) For a cognitive impairment or a cognitive impairment in conjunction with a functional impairment, the testing described in section (5) of this rule must be completed prior to a required medical recertification, if any.

(8) DMV will notify the reporting physician or health care provider if the person’s driving privileges are reinstated.

(9) When the person voluntarily surrenders driving privileges as set forth in OAR 735-062-0135(4), DMV will rescind any suspension imposed prior to the voluntary surrender under sections (2) or (3) of this rule. The person may be eligible for a no-fee identification card.

(10) DMV may suspend a person’s right to apply for driving privileges under section (2) or (3) of this rule and ORS 809.360 if the person has voluntarily surrendered their driving privileges under section (9) of this rule and DMV subsequently receives information indicating the person is operating a motor vehicle without driving privileges and the person has not received a determination of medical eligibility by DMV’s Medical Determination Officer.

(11) If DMV determines a person is medically eligible for driving privileges, DMV may require the person to provide periodic medical or vision information based on the recommendation of either the MDO, or the person’s treating physician, health care provider, or vision specialist. The determination of medical eligibility made by the MDO may contain testing and recertification requirements including the time period for recertification.

(12) If the MDO requires medical or vision recertification, DMV shall use the recertification process described in OAR 735-076-0035 for a person who regains or fails to regain driving privileges. If the person fails to regain driving privileges, the person may continue to attempt to pass all required tests until DMV imposes a medical recertification cancellation pursuant to the recertification process unless the person has been denied further testing under OAR 735-074-0180(3)(c). Once a medical recertification cancellation is in effect, the person is no longer eligible to take tests. The person must receive a new determination of medical eligibility prior to attempting to complete the testing requirement.

(13) If DMV requires a person to submit periodic:

(a) Medical information, DMV will send the person a cancellation notice at least 60 days before the recertification is due, and include a Driver Medical Report form (DMV form 735-6587) with instructions to return the Driver Medical Report form and any additional pertinent medical information within 60 days from the date of the notice to avoid cancellation. If the person fails to provide the medical information within 60 days from the date of notice, the cancellation takes effect on the 61st day.

(b) Vision information, DMV will send the person a cancellation notice at least 60 days before the recertification is due, and include a Certificate of Vision form (DMV form 735-24) and instructions to return the Certificate of Vision form showing the person meets state vision standards under OAR 735-062-0050, within 60 days from the date of the notice to avoid cancellation. If the person fails to provide the vision information within 60 days from the date of notice, the cancellation takes effect on the 61st day.

(14) A person may be required to successfully complete DMV testing or may have driving privileges suspended based on information contained in the Driver Medical Report form (DMV form 735-6587) or periodic Certificate of Vision form (DMV form 735-24) submitted under section (10) of this rule. When a person has suffered a loss of consciousness or control and there are no additional functional or cognitive concerns, DMV’s Medical Determination Officer may waive testing.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340, 807.710 & 809.419
Statutes/Other Implemented: ORS 807.340 & 807.710
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 15-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 17-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 1-2005, f. & cert. ef. 1-20-05
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0180 When a Suspension or Cancellation of Driving Privilege Occurs

(1) DMV may issue an immediate suspension of driving privileges in the following situations:

(a) As set forth in OAR 735-074-0140, if DMV has reason to believe from the information provided in a mandatory report submitted under 735-074-0120 that the person may endanger people or property if not immediately suspended;

(b) The Medical Determination Officer, upon review of medical information on a driver, recommends an immediate suspension;

(c) Information contained in a required Driver Medical Report form (DMV form 735-6587) submitted as required under OAR 735-074-0140 indicates that the person has a mental or physical condition that makes it unsafe for the person to operate a motor vehicle and DMV has reason to believe the person may endanger people or property if not immediately suspended; or

(d) Information contained in a required Certificate of Vision form submitted as required under OAR 735-074-0140 indicates the person's vision does not meet minimum vision standards under OAR 735-062-0050 and DMV has reason to believe the person may endanger people or property if not immediately suspended.

(2) DMV will immediately cancel a person's driving privileges if DMV has reason to believe that the person may endanger people or property if not immediately canceled. If DMV has reason to believe a person is unable to safely operate a motor vehicle and may endanger people or property, DMV may immediately cancel driving privileges pursuant to ORS 807.350 and OAR 735-070-0010, 735-070-0020 and 735-074-0220.

(3) DMV may cancel driving privileges pursuant to ORS 807.350 and OAR 735-070-0010, 735-070-0020 and 735-074-0220 if:

(a) The person's vision does not meet the minimum vision standards set forth in OAR 735-062-0050;

(b) DMV determines the person no longer meets the qualifications for a driver license, driver permit or endorsement because of a physical or mental condition or impairment that affects the person's ability to safely operate a motor vehicle upon the highway or a problem condition involving an intoxicant, as defined in Oregon Laws 2023, Chapter 498;

(c) The person is denied a drive test by DMV or the Medical Determination Officer because of a physical or mental condition or impairment that affects the person's ability to safely operate a motor vehicle upon the highway; or

(d) DMV requires the person to submit a Driver Medical Report (DMV form 735-6587) or Certificate of Vision form (DMV form 735-024) in accordance with OAR 735-074-0140(9) or (10) and the person fails to submit the required form within 60 days.

(4) DMV will cancel commercial driving privileges under ORS 809.310(1) if DMV suspends the base driving privilege of the holder of a commercial driving privilege under these rules.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340, 807.350 & 809.419
Statutes/Other Implemented: ORS 807.350, 809.310 & 809.430
DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 14-2005, f. & cert. ef. 5-19-05
DMV 1-2005, f. & cert. ef. 1-20-05
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03, Renumbered from 735-074-0020
DMV 24-2002, f. 12-13-02 cert. ef. 1-1-03
DMV 14-2002, f. 8-14-02 cert. ef. 9-1-02
MV 14-1993, f. 10-22-93, cert. ef. 11-4-93
MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0410

Or. Admin. R. 735-074-0185 When a Driver Medical Report Form or Certificate of Vision Form is Required

(1) When DMV determines a Driver Medical Report form (DMV form 735-6587) is necessary to determine the person’s medical eligibility for driving privileges, as described in OAR Chapter 735, Division 74, DMV will send the form to the person and notify them that the form must be submitted to DMV for a determination of medical eligibility by DMV’s Medical Determination Officer. The form must be completed by the person’s treating physician or health care provider managing the condition and returned to DMV. The Driver Medical Report form response must include:

(a) The signature of the person’s treating physician or health care provider managing the condition and the date signed;

(b) The date of most recent clinical contact or exam, which must be after the date of incident or examination on which the report to DMV was based;

(c) The condition or diagnosis related to the driving concern(s), and responses addressing the condition and all of the reported concerns;

(d) The nature of the condition, whether it is acute, chronic, progressive, or resolved;

(e) Whether the patient's condition is new or has increased in severity in the last six months;

(f) Whether the patient's condition is well controlled, including the duration of stability;

(g) Whether the patient is compliant with medication and or treatment; and

(h) The name, professional license or certification number, and signature of the treating physician or health care provider.

(2) When DMV determines a Certificate of Vision form (DMV form 735-024) is necessary to determine the person’s eligibility for driving privileges, as described in OAR Chapter 735, division 074, DMV will send the form to the person and inform the person that the form must be completed by their vision specialist and show that their vision meets state standards, as defined in OAR 735-062-0050. The form must be submitted to DMV.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.340
DMV 12-2025, adopt filed 07/24/2025, effective 07/24/2025

Or. Admin. R. 735-074-0190 Tests Required

Tests required under these rules may include one or more of the following:

(1) A knowledge test for the class of license and endorsement(s) held;

(2) A vision test;

(3) A drive test for the class of license held including any endorsement(s); or

(4) Any other examination or test that DMV determines may be necessary in establishing eligibility or fitness to operate a motor vehicle (e.g., special drive test for basic needs license).

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.340
Statutes/Other Implemented: ORS 807.070 & 807.340
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0200 Testing Process

(1) The driver must test in the driver's current license class, unless the driver voluntarily chooses to test for a lower class of license.

(2) Before DMV may conduct a drive test, the person must successfully complete all other required tests.

(3) The waiting periods between knowledge or drive tests are listed in OAR 735-062-0040 and 735-062-0070, respectively.

(4) As set forth in OAR 735-062-0073, DMV may refuse to conduct or continue a drive test if a DMV employee reasonably believes that the person is likely to endanger persons or property while being tested. Further testing may be denied and driving privileges cancelled if DMV determines the person is likely to endanger persons or property during subsequent testing.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 807.340
Statutes/Other Implemented: ORS 807.070 & 807.340
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0210 Restricted Licenses

(1) DMV may issue a restricted license to a person who passes the required tests when DMV determines a restriction on the license is necessary to insure the safe operation of a motor vehicle by the person. These restrictions may include but are not limited to the following:

(a) Daylight driving only;

(b) Driving only on a certain, restricted route;

(d) Driving only with certain vehicle equipment or adaptive devices.

(2) A person whose driving privileges are suspended under these OAR 735, division 074, rules, who is otherwise eligible for driving privileges, may obtain a Restricted Applicant Temporary Permit for the express purpose of taking driving lessons for a Class C noncommercial driver license in accordance with OAR 735-074-0212.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 807.120
Statutes/Other Implemented: ORS 807.120
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 8-2011, f. & cert. ef. 6-21-11
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-074-0212 Restricted Applicant Temporary Permit

(1) When a person does not have Oregon driving privileges, their right to apply for driving privileges is suspended under these OAR 735, division 074, rules and the person has medical or testing requirements that must be met prior to DMV issuing driving privileges, DMV may issue a Restricted Applicant Temporary Permit that allows the person to take driving lessons for a Class C noncommercial driver license or be evaluated by an occupational therapist or other diagnostic or rehabilitative specialist. The permit may be issued for 30 days, and extended for an additional 30 days with sufficient cause pursuant to ORS 807.310(4).

(2) An applicant for a permit under this rule must meet all eligibility requirements listed in section (10) of this rule.

(3) Upon issuance of a Restricted Applicant Temporary Permit, the suspension is partially stayed for the period the permit is valid and only for the purpose of operating a motor vehicle when the permit holder is driving with the driving instructor, occupational therapist or rehabilitative specialist identified on the permit. The person’s driving privileges otherwise remain suspended.

(4) At the end of the Restricted Applicant Temporary Permit period, if the person has not successfully completed a driving test given by a DMV employee, or is not otherwise eligible for driving privileges, the Restricted Applicant Temporary Permit expires and the partial stay of the person’s suspension is rescinded.

(5) When the partial stay of a person’s suspension is rescinded upon expiration of the Restricted Applicant Temporary Permit under section (4) of this rule, DMV is not required to provide the person with further notice or an opportunity for a contested case hearing.

(6) If a person's driving privileges are cancelled and the driver is denied further testing under OAR 735-062-0073, the person may apply for a Restricted Applicant Temporary Permit for the express purpose of taking driving lessons if DMV determines that, with driving lessons, the person may learn to safely operate a motor vehicle.

(7) An applicant for a permit under section (6) of this rule must, in addition to meeting all eligibility requirements listed in section (10) of this rule, provide sufficient information to show that there is a reasonable likelihood that driving lessons will improve the person's ability to safely operate a motor vehicle. Such information may include, but is not limited to:

(a) Medical information;

(b) Information from a rehabilitation specialist that the person may benefit from lessons to learn to use an adaptive device or technique; or

(c) A statement from a person which includes information showing that, with driving lessons, the applicant is likely to learn to safely operate a motor vehicle.

(8) Driving lessons must be provided by a commercial driving instructor certified by DMV under OAR 735-160-0011, rehabilitation specialist or other licensed driver approved by DMV as an instructor under sections (11) and (12) of this rule.

(9) A Restricted Applicant Temporary Permit only allows the person to drive with an instructor during driving lessons and at no other time.

(10) To be eligible for a Restricted Applicant Temporary Permit under section (1) and (6) of this rule, the person must:

(a) If required by DMV, receive a determination of medical eligibility from the Medical Determination Officer;

(b) Apply for driving privileges, and specifically request a restricted permit for the purpose of taking driving lessons prior to taking a drive test;

(d) Pass a DMV knowledge test.

(11) DMV may approve a licensed driver to provide driving lessons to a person as provided under this rule when DMV determines:

(a) The person lives more than 50 miles from the nearest commercial driving instructor certified by DMV under OAR 735-160-0011 or a rehabilitation specialist; or

(b) The person lives closer than 50 miles from the nearest commercial driving instructor certified by DMV under OAR 735-160-0011 or rehabilitation specialist, but DMV determines barriers, other than distance, exist and make it unreasonable for the applicant to take lessons from any commercial driving instructor or rehabilitation specialist that is located within the 50 miles of the person’s domicile.

(12) A licensed driver may qualify to provide driving lessons to a person as provided under this rule when the licensed driver meets all of the following requirements:

(a) The licensed driver has no familial, personal or social relationship with the applicant;

(b) The licensed driver holds a valid, Oregon driver license, unrestricted for anything other than corrective lenses or organ donor, for at least the most recent five-year period;

(c) The licensed driver has no preventable crashes, as defined in OAR 735-072-0020, citations for moving violations, or convictions for driving-related offenses for the most recent 5-year period; and

(d) The licensed driver has maintained automobile insurance for the most recent 5-year period.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.120, 807.310 & 807.340
Statutes/Other Implemented: ORS 807.120, 807.310 & 807.340
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 8-2011, f. & cert. ef. 6-21-11
DMV 6-2006, f. & cert. ef. 5-25-06

Or. Admin. R. 735-074-0220 Hearing Request for Suspension or Cancellation of Driving Privileges Under Division 74 and Division 76 Rules

A person issued a notice of suspension or cancellation under these rules has the right to request a contested case hearing. The following apply to a hearing request:

(1) Except as provided in section (2) of this rule, a person issued a notice of suspension or cancellation under these rules must request a hearing within 20 days from the date on the notice. Except as provided in section (2) of this rule, the suspension or cancellation will not go into effect pending the outcome of the hearing.

(2) A person issued a notice of an immediate suspension or an immediate cancellation must request a hearing within 90 days from the date on the notice. The suspension or cancellation will remain in effect and will not be rescinded or stayed by DMV pending the outcome of the hearing.

(3) A hearing request must be in writing and must include:

(a) The person's full name;

(b) The person's complete mailing address;

(d) A brief statement of the issues the person proposes to raise at the hearing.

(4) A hearing request should also include:

(a) The person's date of birth;

(b) The telephone number where the person can be reached between 8 a.m. and 5 p.m.; and

(5) The administrative law judge must give DMV sufficient opportunity to obtain and present in the contested case hearing any testimony or documents deemed necessary by the agency to respond to evidence offered by the person on any factual or legal defense.

(6) In order for a request for hearing to be timely, the request must be postmarked or received by DMV within the time periods established in sections (1) and (2) of this rule. If the request for hearing is not timely received, the person waives his or her right to a hearing, except as provided in OAR 137-003-0528 and the notice becomes the final order by default. The time periods will be computed as set forth in 137-003-0520(11).

(7) DMV will not accept a hearing request postmarked or received by DMV more than 60 calendar days after the notice becomes a final order by default.

(8) To be received by DMV, the hearing request must be:

(a) Personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR;

(b) Delivered by mail to DMV Headquarters, 1905 Lana Avenue NE, Salem OR 97314;

(d) Requested on-line at dmv2u.oregon.gov.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 809.440
Statutes/Other Implemented: ORS 809.440
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 23-2004, f. & cert. ef. 11-17-04
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Division 76 AT-RISK DRIVER PROGRAM — NON-MANDATORY REPORTING

Or. Admin. R. 735-076-0000 Policy, Objective and Purpose of the At-Risk Program — Non-Mandatory Reporting

(1) It is the policy of DMV to promote safety for all persons who travel or otherwise use the public highways of this state.

(2) The underlying policy of the Department's rules on at-risk drivers is to preserve the independence, dignity, and self-esteem that result from providing one's own mobility, so long as it is possible to do so without risk to oneself or to others.

(3) It is therefore an objective of these OAR 735, division 076, rules to establish a program for the non-mandatory reporting to DMV of those drivers who have a mental or physical condition or impairment that may affect driving ability, or drivers who have demonstrated unsafe or dangerous driving behaviors.

(4) DMV may receive information that indicates a person may no longer be qualified to hold a driver license, driver permit or endorsement or may no longer be able to drive safely. Information about a person may come from many sources, including but not limited to, a report from any of the following:

(a) A physician or health care provider;

(b) A physician or health care provider from another jurisdiction;

(d) A report from a police officer or a court;

(e) A DMV representative; or

(f) The person, when the person seeks issuance, renewal or replacement of their driving privileges from DMV, or when the person voluntarily requests to take a DMV test.

(5) A report may describe:

(a) A possible mental or physical condition or impairment, a vision problem, or a possible problem condition involving an intoxicant that indicates the person is no longer qualified to hold a driver license, driver permit or endorsement;

(b) An unsafe or dangerous driving behavior that indicates the person is not able to drive safely;

(d) That the person could have a loss of consciousness or control while driving, resulting in loss of control of a motor vehicle.

(6) These OAR 735, division 076, rules provide procedures for:

(a) Review of non-mandatory reports;

(b) Obtaining of required information necessary to determine if a person remains qualified for driving privileges; and

(c) Taking of necessary action when a determination is made that the person is no longer qualified for driving privileges.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.340
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 36-2018, amend filed 08/22/2018, effective 08/22/2018
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0440

Or. Admin. R. 735-076-0002 Definitions

For the purpose of these OAR 735, division 076, rules, the following definitions apply:

(1) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(2) “Health care” has the meaning set forth in ORS 442.385.

(3) “Health care provider” means a person licensed, certified or otherwise authorized or permitted by law to administer health care in the State of Oregon. For purposes of these rules, OAR Chapter 735, division 076, “health care provider” is limited to: a chiropractic physician, mental health provider, nurse practitioner, occupational therapist, physical therapist, optometrist, physician associate and podiatric physician or surgeon.

(4) “Immediate suspension or cancellation” means the suspension or cancellation of driving privileges or the right to apply for driving privileges before the person is given an opportunity for a hearing to contest the suspension.

(5) “Intoxicant” is as defined in ORS 801.321.

(6) “Loss of consciousness or control” means an unpredictable medical event experienced at any time by a person in which the normal control of the person's body is compromised due to the event rendering the person: unconscious, unable to experience normal sensory perception, or unable to initiate the physical motion required to safely operate a motor vehicle. “Loss of consciousness or control” includes but is not limited to: seizure, syncope, narcolepsy, hypoglycemia, sleep apnea or black-out.

(7) “Medical Determination Officer” means a physician, nurse practitioner or physician associate, licensed to provide health care services by the State of Oregon, and employed or designated by DMV to make medical determinations of a person's medical eligibility for driving privileges.

(8) “Mental health provider” means a person licensed by the State of Oregon who provides clinical treatment and interventions specific to either or both of the following:

(a) Mental health impairments, including, but not limited to, depression, bipolar, and schizophrenia.

(b) Behavioral health impairments, including, but not limited to, substance abuse, addiction, and self-harm.

(9) “Non-mandatory reporting” or “non-mandatory report” means a voluntary report to DMV of either a medical condition or impairment that may affect a driver's ability to safely operate a motor vehicle, or a report of actual driving behavior that may indicate the person is no longer able to safely operate a motor vehicle. A “non-mandatory report” does not include a report that must be filed by a physician or health care provider as required under OAR chapter 735, division 074, of a severe and uncontrollable impairment that affects a person's ability to safely operate a motor vehicle.

(10) “Physician” has the meaning set forth in ORS 807.710.

(11) “Physician or health care provider from another jurisdiction” means a person who would meet the definition of “physician,” “health care provider” or “mental health provider,” but for the fact that the physician, health care provider or mental health provider is licensed in another jurisdiction.

(12) “Recertification” or “recertify” means the process for requiring the person to reestablish medical eligibility at periodic intervals by submitting updated medical or vision information.

(13) “Tests” mean examinations under ORS 807.070 that establish a person's eligibility for driving privileges. “Tests” include a DMV vision screening, a knowledge test and a drive test.

(14) “Unsafe or dangerous driving behavior” means a driver is unable to perform basic driving tasks in a safe and responsible manner. Driver actions reflective of this inability include, but are not limited to:

(a) Avoiding causing a crash due only to an evasive maneuver by another driver, pedestrian or bicyclist.

(b) Impeding traffic or failing to yield the right of way, such as: driving too slowly; driving in more than one lane of traffic; turning from the wrong lane; or turning into the wrong lane.

(c) Failing to obey or having difficulty obeying a traffic control device, such as: running a red light or stop sign; stopping beyond the designated stop line at a traffic light or stop sign; failing to stop for a pedestrian in a marked crosswalk; or driving the wrong way on a one-way street.

(d) Exhibiting driving-related and other behaviors, as reported by law enforcement, which caused law enforcement to believe there may be a cognitive or functional impairment that contributed to or caused a traffic stop or vehicle crash.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.340
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 16-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-2006, f. & cert. ef. 5-25-06

Or. Admin. R. 735-076-0005 Reporting Requirements

(1) In order for DMV to process a non-mandatory report that indicates a person may no longer be qualified for driving privileges or may no longer be able to safely operate a motor vehicle, the report must be in writing and contain:

(a) The name of the person making the report;

(b) Either:

(A) The signature of the person making the report, including a police officer; or

(B) When the reporter is a police officer, the officer’s employing law enforcement agency and Department of Public Safety Standards and Training (DPSST) number;

(c) The name and date of birth of the person being reported, or a description of the person sufficient for DMV to identify the reported person from its records; and

(d) Sufficient information to give DMV reason to believe the person may no longer be qualified to hold a driver license, driver permit, or endorsement or may no longer be able to drive safely. For purposes of this rule, sufficient information includes, but is not limited to, one or more of the following:

(A) A physician or health care provider report of a physical or mental condition or impairment that is not reportable as required under OAR chapter 735, division 074, but does provide enough information to give DMV reason to believe the person may no longer be qualified to hold a driver license, driver permit, or endorsement or may no longer be able to drive safely.

(B) A report from a physician or health care provider licensed in another jurisdiction about an Oregon resident, or a person who has an valid Oregon driver license or driver permit, with a physical or mental condition or impairment that includes information that gives DMV reason to believe the person may no longer be qualified to hold a driver license or driver permit or may no longer be able to drive safely.

(i) How the person's ability to safely operate a motor vehicle is affected; or

(ii) A description of unsafe or dangerous driving behavior.

(D) A report by a police officer, physician, health care provider, or a physician or health care provider from another jurisdiction where a physical or mental condition or impairment is stated as a cause or possible cause of a crash or unsafe or dangerous driving behavior.

(E) A report of unsafe or dangerous driving behavior and DMV has reason to believe the driving behavior is likely to recur or similar driving behavior has previously been reported to DMV.

(2) All written documentation voluntarily submitted under this rule, including the name of the person submitting the documentation, will be kept confidential and not released to any person unless:

(a) The report was submitted by a police officer or judge acting within the scope of their official duties;

(b) DMV determines the documentation, or any portion thereof, must be released pursuant to the Oregon Public Records Law, ORS 192.311 to 192.338, or the Attorney General or a court orders disclosure in accordance with the Public Records Law; or

(c) The documentation is determined by DMV to be necessary evidence in an administrative proceeding involving the suspension or cancellation of the person's driving privileges or right to apply for driving privileges.

(3) DMV may request more information from the person making the report if the initial report does not have sufficient information to give DMV reason to believe the person may no longer be qualified to hold a driver license, driver permit, or endorsement or may no longer be able to drive safely.

(4) DMV may accept and process multiple reports regarding similar behavior, similar concerns or the same event; if the reports, taken together, include all required elements as described in section (1) of this rule.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.340
DMV 1-2026, minor correction filed 01/29/2026, effective 01/29/2026
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 14-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 6-2022, amend filed 07/18/2022, effective 07/18/2022
DMV 34-2021, temporary amend filed 11/23/2021, effective 11/23/2021 through 05/21/2022
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 11-2008, f. & cert. ef. 5-19-08
DMV 6-2008(Temp), f. & cert. ef. 2-22-08 thru 8-19-08
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-076-0007 DMV Response to Non-Mandatory Report

DMV will review a non-mandatory report meeting the requirements under OAR 735-076-0005 to determine the appropriate action to take, which may include any or all of the following:

(1) No action if the report does not give DMV reason to believe the person being reported is no longer qualified to hold a driver license, driver permit, or endorsement or is no longer able to drive safely. This includes a report:

(a) From a physician or health care provider or a physician or health care provider from another jurisdiction indicating the condition or impairment is not likely to recur or does not affect the person’s ability to drive safely; or

(b) A report of driving behavior that describes a single incident with no indication of a mental or physical condition or impairment affecting the person’s ability to safely drive.

(2) The person may be required to reestablish eligibility by passing DMV tests under ORS 807.070 when the report is one or more of the following:

(a) A report of a mental or physical condition or impairment that may affect the person’s ability to safely operate a motor vehicle, not including a loss of consciousness or control or a problem condition involving an intoxicant;

(b) A report of unsafe or dangerous driving behavior only; or

(c) The person was reported as described in OAR 735-076-0005(1)(d)(A) or (B) and the report indicates a concern with the person’s ability to safely operate a motor vehicle, not including loss of consciousness or control or a problem condition involving an intoxicant.

(3) The person may be required to provide a Certificate of Vision form (DMV form 735-024) when the report indicates that the person’s vision may not meet the vision standards set forth in OAR 735-062-0050.

(4) The person may be required to receive a determination of eligibility from the Medical Determination Officer under ORS 807.090 by submitting a Driver Medical Report form (DMV form 735-6587) completed by the driver’s treating physician or health care provider, when the report indicates one or more of the following:

(a) A loss of consciousness or control is a cause or possible cause of a crash or of unsafe or dangerous driving behavior.

(b) The person was reported as described in OAR 735-076-0005(1)(d) and the report is from:

(A) A police officer, physician, or health care provider as described in OAR 735-076-0005(1)(d)(D); or

(B) A physician or health care provider from another jurisdiction about an Oregon resident, or a person who has a valid Oregon driver license or driver permit, with a physical or mental condition or impairment, and based on clinical contact with the person being reported which occurred within the last six months.

(c) A condition or impairment that involves the loss of consciousness or control, or a possible problem condition involving an intoxicant and DMV has reason to believe from the report that the person may no longer be qualified for driving privileges or may no longer be able to safely operate a motor vehicle, including but not limited to:

(A) The person was reported as described in OAR 735-076-0005(1)(d)(A) or (B) and the report is of a loss of consciousness or control; or a problem condition involving an intoxicant;

(B) Evidence of continued episodes of loss of consciousness or control despite current treatment; or

(5) An immediate suspension of the person’s driving privileges under ORS 809.419(3)(c), when the report provides DMV reason to believe that the person may endanger people or property if not immediately suspended. To regain driving privileges after an immediate suspension, the person must reestablish eligibility for driving privileges by submitting a Driver Medical Report form (DMV form 735-6587) completed by the driver’s treating physician or health care provider and receiving a determination of eligibility from the Medical Determination Officer under ORS 807.090, and one or both of the following:

(a) Successfully taking tests under ORS 807.070; or

(b) Submitting a Certificate of Vision form (DMV Form 735-024) showing the applicant meets vision standards.

(6) Notwithstanding section (1) of this rule, DMV may respond to multiple reports regarding similar behavior, similar concerns or the same event; as described in sections (2) through (5) of this rule. DMV may respond in this manner when the reports, taken together, provide the elements to satisfy the requirements of sections (2) through (5) of this rule; and the reports are received within a reasonable time of one another.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.340
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 14-2023, amend filed 05/15/2023, effective 05/15/2023
DMV 6-2022, amend filed 07/18/2022, effective 07/18/2022
DMV 34-2021, temporary amend filed 11/23/2021, effective 11/23/2021 through 05/21/2022
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
Renumbered from 735-074-0160, DMV 6-2006, f. & cert. ef. 5-25-06
DMV 14-2005, f. & cert. ef. 5-19-05
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03

Or. Admin. R. 735-076-0008 Designating At-Risk Medical Determination Standards

(1) Additional medical information;

(2) Successful completion of DMV tests; or

(3) Medical recertification at a later date.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.340
DMV 12-2025, adopt filed 07/24/2025, effective 07/24/2025

Or. Admin. R. 735-076-0009 Voluntary Request to Test

(1) A person who currently holds a valid driver license may voluntarily request to take a knowledge test, a drive test, or both as a way to verify the person possesses the knowledge and skill needed to safely operate a motor vehicle.

(2) DMV will test a person who is not applying for additional driving privileges, if the person expresses a concern to DMV staff regarding the retention of the knowledge and skills necessary to safely operate a motor vehicle.

(3) A person may request to take a knowledge test, a drive test, or both tests.

(4) A person must successfully pass DMV’s vision screening or provide DMV with a completed Certificate of Vision (DMV form 735-24) that shows the person’s vision meets the standards established in OAR 735-062-0050 before DMV may perform a drive test.

(5) The failure to pass a test taken as part of a voluntary request to test is an indication that the person may no longer have the knowledge or skills necessary to safely operate a motor vehicle. To retain driving privileges, the person must pass DMV testing in accordance with OAR 735-076-0010.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.070, 809.419 & 807.340
DMV 8-2025, minor correction filed 07/16/2025, effective 07/16/2025
DMV 36-2018, adopt filed 08/22/2018, effective 08/22/2018

Or. Admin. R. 735-076-0010 The Testing Process

(1) If DMV determines a person must reestablish eligibility by taking tests as described in OAR 735-076-0007(2) or after failing a test voluntarily requested as described in OAR 735-076-0009, DMV will issue a notice to the person that the person must reestablish eligibility by successfully completing DMV’s vision, knowledge and drive tests within 90 days of issuing the notice.

(2) The person may request an extension within 30 days of the date of issuing the notice. DMV may grant an extension, not to exceed 60 additional days, if:

(a) The person is seriously ill or injured and a physician, nurse practitioner or physician associate requests an extension in writing;

(b) The person is temporarily out of state and a written request is received from the person; or

(c) The person has passed the vision and knowledge tests and the first available appointment for a drive test is after the effective date of the suspension for failure to pass tests.

(3) The person must test in the person’s current license class, unless the person voluntarily chooses to test for a lower class of license.

(4) Before DMV will conduct a drive test, the person must successfully complete all other required tests.

(5) If the person is unable to pass the DMV vision screening, DMV will require the person to have a vision specialist complete a Certificate of Vision form (DMV form 735-024). DMV will only provide a knowledge or drive test if the completed form indicates that the person's vision meets DMV's standards as set forth in OAR 735-062-0050.

(6) The waiting periods between knowledge tests are listed in OAR 735-062-0040.

(7) As set forth in OAR 735-062-0073, DMV may refuse to continue a drive test if a DMV employee reasonably believes that the person is likely to endanger persons or property while being tested, and further testing may be denied and driving privileges cancelled if DMV determines the person is likely to endanger persons or property during subsequent testing.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.070, 807.340 & 809.419
DMV 17-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 36-2018, amend filed 08/22/2018, effective 08/22/2018
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0450

Or. Admin. R. 735-076-0015 When a Driver Medical Report Form or Certificate of Vision Form is Required

(1) When DMV determines a Driver Medical Report form (DMV form 735-6587) is necessary to determine the person’s continuing eligibility for driving privileges, as described in OAR 735-076-0007(4), DMV will send the form to the person and notify them that the form must be submitted to DMV for a determination of medical eligibility by DMV’s Medical Determination Officer. The form must be completed by the person’s treating physician or health care provider managing the condition and returned to DMV within 60 days of the date on the notice. If DMV does not timely receive the completed form, DMV will suspend the person’s driving privileges.

(2) The completed Driver Medical Report form must include all of the following:

(a) The signature of the person’s treating physician or health care provider managing the condition and the date signed.

(b) The date of most recent clinical contact, which must be after the date of incident or examination on which the report to DMV was based.

(c) The condition or diagnosis related to the driving concern, and responses addressing the condition and all of the reported concerns.

(d) Whether the condition is:

(A) Acute, chronic, progressive, or resolved;

(B) New or has increased in severity in the last six months; and

(e) Whether the patient complies with medication and treatment.

(f) The name, professional license or certification number and signature of the treating physician, health care provider or treating physician or health care provider from another jurisdiction.

(3) When DMV determines a Certificate of Vision form (DMV form 735-024) is necessary to determine the person’s continuing eligibility for driving privileges, as described in OAR 735-076-0007(3), DMV will send the form to the person and inform the person that the form must be completed by their vision specialist and show that their vision meets state standards, as defined in OAR 735-062-0050. The date of the clinical contact must be within the six months prior to the date of signature by the treating vision specialist. The form must be completed and submitted to DMV within 60 days of the date on the notice. If DMV does not timely receive the completed form, DMV will suspend the person’s driving privileges.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.340
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 6-2006, f. & cert. ef. 5-25-06

Or. Admin. R. 735-076-0018 The Process when a Determination of Eligibility from the Medical Determination Officer is Required

(1) When DMV determines that the Medical Determination Officer must determine a person’s continuing eligibility for driving privileges, as described in OAR 735-076-0007(4), DMV will send a Driver Medical Report form (DMV form 735-6587) and notify the person that the person will be required to return the completed form to DMV. DMV must receive the completed form within 60 days of the date on the notice or the person’s driving privileges will be suspended. The form must be completed by the driver and by the driver’s treating physician, nurse practitioner or physician associate.

(2) The driver may request an extension within the first 30 days of the date of the notice. DMV may grant an extension, not to exceed 60 additional days, if:

(a) The person is seriously ill or injured and a physician, nurse practitioner or physician associate requests an extension in writing;

(b) The person is temporarily out of state and written request is received from the person; or

(c) The person can show that an appointment was requested in a timely manner, but the earliest appointment was unavailable within 60 days of the date of the notice.

(3) When received, the Driver Medical Report form (DMV form 735-6587) and any other relevant reports or information in DMV’s records will be reviewed by the Medical Determination Officer. The Medical Determination Officer may determine either that the person is medically eligible or medically ineligible for driving privileges. A determination of medical eligibility may include a requirement that the person’s motor vehicle be equipped with an appropriate adaptive device(s), such as hand controls.

(4) A person determined medically eligible for driving privileges by the Medical Determination Officer may also be required to pass tests, as set forth in OAR 735-076-0010, if:

(a) DMV has reason to believe that the person may not be able to safely operate a motor vehicle, notwithstanding the determination of medical eligibility, or

(b) The person’s motor vehicle must be equipped with an appropriate adaptive device(s), such as hand controls. Before a driving test is given, the person must provide documentation that they know how to use and have practiced with the adaptive device.

(5) A person who is determined to be medically ineligible for driving privileges must complete the requirements set forth by the Medical Determination Officer, if any, before any subsequent review of medical eligibility can occur.

(6) DMV and the Medical Determination Officer will consider newly submitted medical information, at any time, if the reported condition has been resolved and is not likely to recur, or if it has been determined that the condition does not affect the person’s ability to safely operate a motor vehicle.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.090 & 807.340
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 18-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-2006, f. & cert. ef. 5-25-06, Renumbered from 735-074-0170
DMV 14-2005, f. & cert. ef. 5-19-05
DMV 1-2005, f. & cert. ef. 1-20-05, Renumbered from 735-074-0010
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
DMV 24-2002, f. 12-13-02 cert. ef. 1-1-03
DMV 14-2002, f. 8-14-02 cert. ef. 9-1-02
MV 14-1993, f. 10-22-93, cert. ef. 11-4-93
MV 37-1989, f. & cert. ef. 10-3-89
MV 19-1987, f. 9-21-87, cert. ef. 9-27-87, Renumbered from 735-031-0405

Or. Admin. R. 735-076-0020 Suspension or Cancellation of Driving Privileges

(1) DMV may issue an immediate suspension of driving privileges in the following situations:

(a) If DMV determines from a non-mandatory report that the person has a mental or physical condition that makes it unsafe for the person to operate a motor vehicle upon the highways and DMV has reason to believe the person may endanger people or property if not immediately suspended;

(b) If based upon information included in a police accident report or other law enforcement report, DMV has reason to believe that a person may endanger people or property if not immediately suspended due to a mental or physical condition that makes it unsafe for the person to operate a motor vehicle upon the highways;

(c) The Medical Determination Officer, upon review of medical information on a person, recommends an immediate suspension;

(d) Information contained in a required Driver Medical Report form (DMV form 735-6587) submitted as required under OAR 735-076-0035 indicates that the person has a mental or physical condition that makes it unsafe for the person to operate a motor vehicle and DMV has reason to believe the person may endanger people or property if not immediately suspended; or

(e) Information contained in a required Certificate of Vision form indicates the person's vision does not meet minimum vision standards under OAR 735-062-0050.

(2) DMV will suspend driving privileges or the right to apply for driving privileges as follows:

(a) Under ORS 809.419(1) if the person fails to successfully complete the required tests within 90 days of the date of the notice of suspension, or within the time period granted if an extension is granted under OAR 735-076-0010(2);

(b) Under ORS 809.419(2), for failure to obtain a medical clearance, if the Driver Medical Report form (DMV form 735-6587) required under OAR 735-076-0018 is not completed by the person and the person's physician, nurse practitioner, or physician associate, submitted to and received by DMV within 60 days of the date on the notice sent from DMV, unless DMV has granted an extension under OAR 735-076-0018; and

(c) Under ORS 809.419(3), if the person is incompetent to drive because of a mental or physical condition or impairment that makes it unsafe for the person operate a motor vehicle, when the Medical Determination Officer determines that a person is medically ineligible for driving privileges under ORS 807.090, and the person has valid driving privileges

(3) When the person voluntarily surrenders driving privileges as set forth in OAR 735-062-0135(4), DMV will rescind any suspension or cancellation imposed prior to the voluntary surrender under sections (1), (2) or (5) of this rule. The person may be eligible for a no-fee identification card.

(4) DMV may suspend a person’s right to apply for driving privileges under section (1) or (2) of this rule and ORS 809.360 if the person has voluntarily surrendered their driving privileges under section (3) of this rule and DMV subsequently receives information indicating the person is operating a motor vehicle without driving privileges and the person has not received a determination of medical eligibility by DMV’s Medical Determination Officer.

(5) DMV will cancel commercial driving privileges under ORS 809.310(1) if:

(a) DMV requires the holder of commercial driving privileges to pass tests in accordance with OAR 735-076-0007(2) and the person fails to pass the required tests;

(b) DMV requires the holder of commercial driving privileges to provide a Driver Medical Report form (DMV Form 735-6587), Certificate of Vision (DMV form 735-024) or both in accordance with OAR 735-076-0007(3) and (4); or

(c) DMV immediately suspends the base driving privilege of the holder of commercial driving privileges in accordance with OAR 735-076-0007(5).

(6) DMV may cancel driving privileges pursuant to ORS 807.350 and OAR 735-070-0010, 735-070-0020 and 735-074-0220 if:

(a) The person's vision does not meet the minimum vision standards, set forth in OAR 735-062-0050, as determined by DMV’s vision test;

(c) The person fails to obtain a medical clearance by failing to submit a Driver Medical Report form (DMV form 735-6587), as required under OAR 735-076-0035 or within the time period granted if an extension is granted under OAR 735-076-0035; or

(d) The person fails to obtain a medical clearance by failing to submit a Certificate of Vision form (DMV form 735-024) when the person is required to recertify the person's medical eligibility for driving privileges based on the recommendation of the person's vision specialist, in accordance with OAR 735-076-0035.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340, 807.350 & 809.419
Statutes/Other Implemented: ORS 807.340, 807.350 & 809.419
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 19-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 17-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
DMV 16-2001, f. & cert. ef. 9-21-01
MV 17-1992, f. 12-16-92, cert. ef. 1-1-93
MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0460

Or. Admin. R. 735-076-0035 Recertification

(1) A person may be required to recertify if, after DMV processes a report, the person retains driving privileges or regains driving privileges after a suspension or cancellation. The recertification process requires the person to demonstrate that the person’s mental or physical condition or impairment continues to be well controlled and does not affect their ability to safely operate a motor vehicle. Recertification may require a person to receive a determination of medical eligibility from the Medical Determination Officer, pass DMV tests, or both.

(2) Recertification may be required when:

(a) The person’s reported condition or impairment is chronic, progressive or unpredictable;

(b) Recommended by the person’s vision specialist when completing a Certificate of Vision form (DMV form 735-024);

(c) Recommended by the person’s treating physician or health care provider when completing a Driver Medical Report form (DMV form 735-6587); or

(d) Required by the Medical Determination Officer.

(3) The time period for recertification will be based on the recommendation of the Medical Determination Officer or the person’s treating physician, health care provider, or vision specialist.

(4) If medical recertification is required, DMV will send the person a Driver Medical Report form (DMV form 735-6587) and notify the person that the person must return the completed form to DMV within 60 days of issuance of the notice or the person’s driving privileges will be cancelled. The form must be completed by the person and the person’s treating physician, nurse practitioner, or physician associate managing the condition, and must include the date of the most recent clinical contact. The most recent clinical contact must occur after DMV grants medical eligibility and within the six months prior to the date the form is submitted to DMV. The person must submit the form to DMV within 60 days of the date of the notice. DMV may grant an extension, not to exceed 60 additional days, if:

(a) The person is seriously ill or injured and a physician, nurse practitioner or physician associate requests an extension in writing;

(b) The person is temporarily out of state and a written request is received from the person; or

(c) The person can show that an appointment was requested in a timely manner, but the earliest appointment available exceeded the 60 days.

(5) If vision recertification is required, DMV will send the person a Certificate of Vision form (DMV form 735-024). The form must be completed by the person’s treating licensed optometrist or a licensed physician who specializes in diagnosis and treatment of diseases of the eye, and returned to DMV within 60 days of the date on the notice. If DMV does not timely receive the completed form, DMV may grant an extension, not to exceed 60 additional days if:

(a) The person is seriously ill or injured and a physician, nurse practitioner or physician associate requests an extension in writing;

(b) The person is temporarily out of state and DMV receives a written request from the person; or

(c) The person can show that an appointment was requested in a timely manner, but the earliest appointment available exceeds the 60-day period.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.340, 809.310 & 809.419
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 20-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-2006, f. & cert. ef. 5-25-06

Or. Admin. R. 735-076-0050 Restricted License

(a) Daylight driving only;

(b) Driving only on a certain, restricted route;

(d) Driving only with certain vehicle equipment or adaptive devices.

(2) A person whose driving privileges are suspended under these OAR 735, division 076, rules, who is otherwise eligible for driving privileges, may obtain a Restricted Applicant Temporary Permit for the express purpose of taking driving lessons for a Class C noncommercial driver license in accordance with OAR 735-076-0052.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.120, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.120 & 807.340
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 8-2011, f. & cert. ef. 6-21-11
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0490

Or. Admin. R. 735-076-0052 Restricted Applicant Temporary Permit

(1) When a person does not have Oregon driving privileges, their right to apply for driving privileges is suspended under these OAR 735, division 076, rules and the person has medical or testing requirements that must be met prior to DMV issuing driving privileges, DMV may issue a Restricted Applicant Temporary Permit that allows the person to take driving lessons for a Class C noncommercial driver license or be evaluated by an occupational therapist or other diagnostic or rehabilitative specialist. The permit may be issued for 30 days, and extended for an additional 30 days with sufficient cause pursuant to ORS 807.310(4).

(2) An applicant for a permit under this rule must meet all eligibility requirements listed in section (10) of this rule.

(5) When the partial stay of a person’s suspension is rescinded upon expiration of the Restricted Applicant Temporary Permit, under section (4) of this rule, DMV is not required to provide the person with further notice or an opportunity for a contested case hearing.

(a) Medical information;

(b) Information from a rehabilitation specialist that the person may benefit from lessons to learn to use an adaptive device or technique; or

(c) A statement from a person which includes information showing that, with driving lessons, the applicant is likely to learn to safely operate a motor vehicle.

(9) A Restricted Applicant Temporary Permit only allows the person to drive with an instructor during driving lessons and at no other time.

(10) To be eligible for a Restricted Applicant Temporary Permit under sections (1) and (6) of this rule, the person must:

(a) If required by DMV, receive a determination of medical eligibility from the Medical Determination Officer;

(b) Apply for driving privileges, and specifically request a restricted permit for the purpose of taking driving lessons prior to taking a drive test;

(d) Pass a DMV knowledge test.

(11) DMV may approve a licensed driver to provide driving lessons to a person as provided under this rule when DMV determines:

(a) The person lives more than 50 miles from the nearest commercial driving instructor certified by DMV under OAR 735-160-0011 or a rehabilitation specialist; or

(12) A licensed driver may qualify to provide driving lessons to a person as provided under this rule when the licensed driver meets all of the following requirements:

(a) The licensed driver has no familial, personal or social relationship with the applicant;

(b) The licensed driver holds a valid, Oregon driver license, unrestricted for anything other than corrective lenses or organ donor, for at least the most recent five-year period;

(c) The licensed driver has no preventable crashes, as defined in OAR 735-072-0020, citations for moving violations, or convictions for driving-related offenses for the most recent 5-year period; and

(d) The licensed driver has maintained automobile insurance for the most recent 5-year period.

History

Statutory/Other Authority: ORS 184.619, 802.010, 807.120, 807.310 & 807.340
Statutes/Other Implemented: ORS 807.120, 807.310 & 807.340
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 8-2011, f. & cert. ef. 6-21-11
DMV 6-2006, f. & cert. ef. 5-25-06

Or. Admin. R. 735-076-0060 Hearing Provisions

A person issued a notice of suspension or cancellation under these rules has the right to request a contested case hearing. To request a hearing, the person must submit a hearing request that meets the requirements of OAR 735-074-0220.

History

Statutory/Other Authority: ORS 184.616, 184.619, 807.340 & 809.410
Statutes/Other Implemented: ORS 807.340
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0495

Division 80 PARKING

Or. Admin. R. 735-080-0000 Procedures for the Issuance of Parking Permits for Winter Recreation Parking Areas

The following procedures apply to the issuance of Winter Recreation Parking Permits (Sno-Park permits) that are required to park certain vehicles in winter recreation parking areas:

(1) There are four types of Sno-Park permits: Annual, Interim Annual, Three-day, and Daily. Each permit type is printed a different color for purposes of identification. Sno-Park permits are valid as follows:

(a) The Annual permit is valid for a one year period beginning November 1 and must be displayed from November 1 to April 30. An Interim Annual Sno-Park permit issued by electronic means under OAR 735-018-0140 is valid as described in section (4) of this rule until it becomes invalid as described in section (5) of this rule;

(b) The Three-day permit is valid for three consecutive calendar days. Example: a three-day Sno-Park permit marked for use on Monday expires at midnight on Wednesday;

(2) Sno-Park permits must be displayed inside the vehicle, near the lower left corner of the windshield with the permit number, type and validity dates clearly visible from outside of the vehicle.

(3) Sno-Park permits are issued to any person upon request and payment of the applicable fees. A person may transfer a permit from vehicle to vehicle.

(4) An Interim Annual Sno-Park permit is generated electronically for each Annual Sno-Park permit purchased using DMV’s website and will be sent to the email address provided at the time of purchase. The Interim Annual Sno-Park permit is valid when the person:

(a) Prints the Interim Annual Sno-Park permit in black ink on a letter-sized (8.5” x 11”) piece of white paper; and

(b) Places the Interim Annual Sno-Park permit inside a vehicle in accordance with section (2) of this rule when parking in a Winter Recreation Parking Area in Oregon.

(5) An Interim Annual Sno-Park permit becomes invalid when one of the following occurs:

(a) The person receives the Annual Sno-Park permit; or

(b) Fourteen days have passed since the Temporary Sno-Park permit was issued.

(6) DMV may appoint Sno-Park permit sales agents to issue Sno-Park permits to the public on behalf of the Division. Any person or business wishing to be appointed as a Sno-Park permit sales agent must enter into a Sno-Park permit sales agent agreement with DMV.

(7) Sno-Park permit fees are established by the Oregon Transportation Commission under OAR 734-020-0070.

(8) DMV will maintain records on the number and type of Sno-Park permits issued, and the fee amounts collected from the sale of Sno-Park permits. The date of issuance or to whom a permit is issued will not be recorded unless the applicant purchases the permit through an electronic transaction at DMV’s website. DMV will use the customer information to mail the Sno-Park permit and to assist with undelivered permits.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.600 & 811.595
Statutes/Other Implemented: ORS 802.600, 810.170, 811.590, 811.595 & 811.600
DMV 17-2019, amend filed 09/26/2019, effective 10/01/2019
DMV 25-2008, f. & cert. ef. 9-11-08
DMV 14-2000, f. & cert. ef. 12-14-00
DMV 4-2000(Temp), f. 7-18-00, cert. ef. 7-18-00 thru 1-13-01
MV 8-1993, f. & cert. ef. 10-21-93
MV 34-1987, f. & ef. 11-2-87, Renumbered from 735-041-0010
MV 10-1983, f. 10-5-83, ef. 10-15-83
MV 5-1979, f. & ef. 10-18-79
Reverted to MV 7-1978, f. 10-20-78, ef. 10-23-78
MV 1-1979(Temp), f. & ef. 1-22-79
MV 7-1978, f. 10-20-78, ef. 10-23-78
MV 83, f. & ef. 11-16-77

Or. Admin. R. 735-080-0011 Definitions

For the purposes of ORS 811.604 and OAR 735-080-0011 to 735-080-0080 the following definitions apply:

(1) “DMV” means the Oregon Department of Transportation, Driver and Motor Vehicle Services.

(2) “Person with a disability” has the meaning set forth in ORS 801.387.

(3) “Physician” means a person who is licensed as a Medical Doctor, Doctor of Osteopathic Medicine or Doctor of Podiatric Medicine.

(4) “Travel” means to park a vehicle in a disabled person parking space that requires a permit and then to travel to a location outside of the person’s county of residence where the person will use the duplicate permit to park a different vehicle.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 801.387, 807.090, 811.602, 811.603, 811.604, 811.606, 811.609 & 811.611
DMV 1-2024, adopt filed 01/26/2024, effective 01/26/2024

Or. Admin. R. 735-080-0020 Issuance of Disabled Person Parking Permits

(1) Individual — DMV will issue an individual Disabled Person Parking Permit placard, or decal or both, as described in ORS 811.605 to an applicant who:

(a) Completes a Disabled Person Parking Permit Application/Renewal: Individuals (DMV form 735-265) that includes:

(A) The applicant’s name and address;

(B) The applicant’s driver license number, driver permit number, identification card number, or parking identification card number, except:

(i) When the customer number has been determined to have been fraudulently obtained;

(ii) The customer number is associated with a credential holder who is deceased; or

(iii) The customer number is associated with a credential holder who has surrendered the credential out of state; and

(C) A completed certificate, as described in ORS 811.604 and included on the application, signed and dated within six months of the date the application is received by DMV. The certificate must show the applicant is a person with a disability.

(b) Submits the completed application in accordance with OAR 735-080-0100.

(2) Wheelchair User — DMV will issue a wheelchair user Disabled Person Parking Permit placard, decal, or both, as described in ORS 811.613, to an applicant who:

(a) Completes a Disabled Person Parking Permit Application/Renewal: Individuals (DMV form 735-265) that includes:

(A) The applicant’s name and address;

(B) The applicant’s driver license number, driver permit number or identification card number;

(C) A completed certificate, as described in ORS 811.604, included on the application, which is signed and dated by a licensed physician, a licensed nurse practitioner or a licensed physician assistant within six months of the date the application is received by DMV. The certificate must show that the applicant is a person with a disability and the person has a condition that requires the use of a wheelchair or similar low-powered motorized or mechanically propelled vehicle designed specifically for use by a person with a physical disability; and

(D) Certification that the applicant uses a wheelchair or similar vehicle and requires a van accessible parking space.

(b) Submits the completed application in accordance with OAR 735-080-0100.

(3) Oregon Wounded Warrior — An Oregon Wounded Warrior placard or decal is an individual or wheelchair user Disabled Person Parking Permit placard or decal with the addition of a sticker saying “Oregon Wounded Warrior” that is placed on both sides of a Disabled Person Parking Permit placard and on the front of a decal.

(a) DMV will include a placard or decal, or both, and the sticker when the issuance of the Oregon Wounded Warrior permit is the first issuance of a Disabled Person Parking Permit. DMV will issue only the Oregon Wounded Warrior sticker(s) when the applicant has a valid Oregon Disabled Person Parking Permit placard or decal to which the sticker can be added.

(b) DMV will issue an Oregon Wounded Warrior Disabled Person Parking Permit placard, decal or both, as described in ORS 811.616, to an applicant who:

(A) Has been issued a driver license, driver permit or identification card, except a parking identification card as described in ORS 811.613, by DMV.

(B) Completes a Disabled Person Parking Permit Application/Renewal: Individuals (DMV form 735-265) as described in section (1) of this rule, which includes a request for an Oregon Wounded Warrior sticker and, when necessary, a Disabled Person Parking Permit placard or decal.

(C) Provides a copy of documentation issued by the United States Department of Veterans’ Affairs or any branch of the Armed Forces of the United States that states the applicant:

(i) Has a U.S. Department of Veterans Affairs total disability rating of a least 50 percent as a result of an injury or illness that the veteran incurred, or that was aggravated, during active military service; and

(ii) Received a discharge or release under other than dishonorable conditions.

(D) Submits the completed application in accordance with OAR 735-080-0100.

(4) Temporary Disability – DMV will issue a temporary Disabled Person Parking Permit placard to an applicant who completes a Disabled Person Parking Permit Application/Renewal: Individuals (DMV form 735-265) as described in section (1) of this rule, except that the applicant need not provide a driver license, driver permit, identification card or parking identification card unless one has been assigned by DMV. The certificate included on the application must:

(a) Be signed and dated within six months preceding to the date DMV receives the application, as required by ORS 811.604; and

(b) Show that the applicant is temporarily disabled for less than four years and, if applicable, show that the applicant uses a wheelchair for the period of the permit.

(5) Foreign Visitor — DMV will issue a Foreign Visitor Permit placard valid for 30 days to a person who meets the requirements of ORS 811.611. If the person does not have a disabled person permit or certificate issued by the country that issued the person’s passport or visa, the person must provide a certificate meeting the requirements of ORS 811.604(1).

(6) Program — DMV will issue one or more program Disabled Person Parking Permit placards, as described under ORS 811.607, to a program that regularly operates at least one vehicle for the transportation of persons with disabilities, including, but not limited to a nonprofit organization, an agency, a residential care facility, an assisted living facility, a persons-with-disabilities or medical transportation service, or an adult foster care home. Program permits are not transferrable to other program entities. To receive a program Disabled Person Parking Permit placard, the program must:

(a) Complete an Application for Program Disabled Person Parking Permit Placard (DMV form 735-265 PP) that includes:

(A) The program’s organization or business name, State of Oregon business registry number and business mailing address;

(B) The name of the person authorized to apply for the program’s permits;

(C) A certification that the program is an organization, agency or business that regularly transports persons with disabilities or is an adult foster home;

(D) The number of vehicles in the program that regularly transports persons with disabilities; and

(E) The number of placards requested by the program. DMV shall provide a placard for each program vehicle and may provide additional placards if requested in the application.

(b) Submit the completed application to DMV in accordance with OAR 735-080-0100.

(7) Family — DMV will issue one Family Disabled Person Parking Permit placard, for each vehicle identified on the application, to a family that includes at least two persons with disabilities residing in the same household, or multiple households that are caring for at least one person with a disability, as described in ORS 811.609. The applicant must be an adult and must:

(a) Complete a Disabled Person Parking Family Placard Application (DMV form 735-265 FPP) that includes all of the following:

(A) The name, date of birth and addresses of the applicant and individuals regularly transporting the disabled individual.

(B) The driver license or identification card number of the applicant and individuals regularly transporting the disabled individual.

(C) The certificate signed by a licensed physician, as required by ORS 811.609, that includes the name, date of birth and, if known, the DMV customer number of each person with a disability. The licensed physician must certify that the individuals named on the certificate are disabled as defined by ORS 801.387 and that:

(i) The family includes at least two persons with disabilities in the same household; or

(ii) Multiple households are caring for at least one person with a disability.

(D) The number of vehicles regularly used to transport the individual with a disability.

(b) Certify that the applicant will ensure the expiration date of the placard is visible from outside of the vehicle when the placard is displayed.

History

Statutory/Other Authority: ORS 184.619, 802.010, 811.602, 811.607, 811.609 & 811.616
Statutes/Other Implemented: ORS 801.387, 811.602, 811.604, 811.605, 811.606, 811.607, 811.609, 811.611, 811.613 & 811.616
DMV 27-2024, amend filed 08/06/2024, effective 08/06/2024
DMV 21-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024
DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 4-2011, f. & cert. ef. 3-16-11
DMV 29-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08
MV 20-1991, f. 9-18-91, cert. ef. 9-29-91
MV 38-1989, f. & cert. ef. 10-3-89
MV 30-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-110-0810
MV 11-1985, f. 9-19-85, ef. 9-20-85

Or. Admin. R. 735-080-0040 Replacement of Disabled Person Parking Permits

(1) DMV may replace a Disabled Person Parking Permit placards and decals.

(2) When the required certificate, as described in OAR 735-080-0020, is not on file with DMV, DMV will not replace a lost, mutilated, or stolen Disabled Person Parking Permit placard or a mutilated or stolen Disabled Person Parking Permit decal for any permit type.

(3) An application for a replacement Disabled Person Parking Permit placard or decal must be made using the application form and submitted as described in OAR 735-080-0020 or 735-080-0060 for the specific permit type. The application must include a certification that:

(a) The original Disabled Person Parking Permit placard is lost, mutilated or destroyed, if applicable;

(b) The original Disabled Person Parking Permit decal is mutilated or destroyed, if applicable; and

(4) Issuance of a replacement Disabled Person Parking Permit placard or decal automatically invalidates the previously issued permit placard or decal.

(5) An application for replacement of Program and Family Permits must be submitted to the DMV Driver Transaction Unit by mail to: Parking Permits Clerk, 1905 Lana Ave NE, Salem, OR 97314.

History

Statutory/Other Authority: ORS 184.619, 802.010, 811.602, 811.607, 811.609 & 811.616
Statutes/Other Implemented: ORS 811.602, 811.604, 811.605, 811.606, 811.607, 811.609 & 811.616
DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024
DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 4-2011, f. & cert. ef. 3-16-11
DMV 29-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-2002, f. & cert. ef. 3-14-02
DMV 18-2001(Temp), f. & cert. ef. 9-21-01 thru 3-19-01
DMV 12-2000, f. & cert. ef. 9-21-00
DMV 6-1996, f. & cert. ef. 8-15-96
MV 20-1991, f. 9-18-91, cert. ef. 9-29-91
MV 38-1989, f. & cert. ef. 10-3-89
MV 30-1986, f. 12-31-86, cert. ef. 1-1-87, Renumbered from 735-110-0830
MV 11-1985, f. 9-19-85, cert. ef. 9-20-85

Or. Admin. R. 735-080-0046 Expiration and Renewal of Disabled Person Parking Permits

(1) Permits and their placards or decals expire as follows:

(a) Temporary Disability Permit - at 11:59 pm on the date not later than six months from the date of issuance. When a certificate specifies an ending date of the disability that is less than six months, the ending date of the disability is used as the expiration date.

(b) Foreign Visitor Permit - at 11:59 pm on the 30th day from the date of issuance.

(c) Individual , Oregon Wounded Warrior , Wheelchair User , Family , and Program Disabled Person Parking - at 11:59 pm on the last day of the eighth year from the date of issuance, unless DMV invalidates the permit in accordance with ORS 811.628.

(2) To renew any permit placard or decal described in section (1) of this rule, the holder must submit the appropriate completed renewal reminder or application as follows:

(a) Parking Placard and Driver license or ID card Renewal Reminder (DMV form 735-7353) that includes the Certificate of Disability completed by the holder’s licensed physician, licensed nurse practitioner or licensed physician assistant and signed and dated no more than six months prior to the receipt of the application by DMV.

(b) Disabled Person Parking Permit Application/Renewal: Individuals (DMV form 735-265) as described in OAR 735-080-0020, that includes the Certificate of Disability included on the application completed by the holder’s licensed physician, licensed nurse practitioner or licensed physician assistant and dated no more than six months prior to the receipt of the application by DMV.

(c) Disabled Person Parking Family Placard Application (DMV form 735-265 FPP) that includes the Certificate of Disability, included on the Application, completed by the licensed physician treating the disabled individual, and signed and dated no more than six months prior to the receipt of the application by DMV.

(d) Application for Program Disabled Person Parking Permit Placard (DMV form 735-265PP).

(e) Parking Identification Card and Disabled Person Parking Permit Placard Application (DMV form 735-265PIP) that meets requirements described in OAR 735-080-0060 including the Certificate of Disability, included on the application, completed by the holder’s licensed physician, licensed nurse practitioner or licensed physician assistant.

(3) Expired permits must be destroyed. Invalidated permits must be returned immediately to DMV.

History

Statutory/Other Authority: ORS 184.619, 802.010, 811.602, 811.607 & 811.609
Statutes/Other Implemented: ORS 811.602, 811.604, 811.605, 811.606, 811.607 & 811.609
DMV 27-2024, amend filed 08/06/2024, effective 08/06/2024
DMV 22-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024
DMV 29-2020, amend filed 09/29/2020, effective 01/01/2021
DMV 23-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 24-2019, amend filed 12/17/2019, effective 12/17/2019
DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 4-2011, f. & cert. ef. 3-16-11

Or. Admin. R. 735-080-0050 Display and Use of Disabled Person Parking Permits

(1) A disabled person parking permit may only be used as allowed under ORS 811.635, or 811.637 if issued to an authorized program.

(2) The proper display of a disabled person parking permit is to hang the permit from the rearview mirror or to display the permit on the dashboard of the vehicle so the permit and expiration date are clearly visible from outside the vehicle. The permit must be removed from the rearview mirror prior to the operation of the vehicle.

(3) DMV will issue disabled person parking decals to motorcycles, golf carts or other similar vehicles. The decal will be affixed to the back of the left rearview mirror. If such a display is not possible, the person will attach the decal to the front fender of the vehicle so that the permit number and expiration date are visible from the front of the vehicle.

History

Statutory/Other Authority: 811.602, 811.607, 811.609, ORS 184.619 & ORS 802.010
Statutes/Other Implemented: 811.607, 811.609, ORS 811.602, 811.604, 811.605 & 811.606
DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 6-2002, f. & cert. ef. 3-14-02
DMV 6-1996, f. & cert. ef. 8-15-96
MV 38-1989, f. & cert. ef 10-3-89
MV 30-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-110-0840
MV 11-1985, f. 9-19-85, ef. 9-20-85

Or. Admin. R. 735-080-0060 Parking Identification Card Without a Photograph

(1) An applicant for an Individual Disabled Person Parking Permit who does not hold a valid driver license, driver permit, or identification card and is unable to go to a DMV office to be photographed, may be issued a parking identification card without a photograph for the purposes of meeting Disabled Person Parking Permit issuance requirements, as described in ORS 811.603.

(2) To receive a Parking Identification Card and Disabled Person Parking Permit placard, the applicant must submit:

(a) A completed Parking Identification Card and Disabled Person Parking Permit Application (DMV form 735-265 PIP) that includes the applicant’s name, residence address, date of birth, height, weight, and signature;

(b) The certificate included on the application, signed and dated no more than six months prior to receipt of the application by DMV and completed by:

(A) A licensed physician stating the applicant is a person with a disability as required by ORS 811.604; or

(B) A licensed optometrist stating the applicant is a person with a disability because of loss of vision or substantial loss of visual acuity or visual field beyond correction as required by ORS 811.604;

(d) A statement from a licensed physician that, because of the applicant’s medical or physical condition, it is impractical or harmful for the applicant to appear at a DMV office to be photographed as required in ORS 811.603.

(3) A parking identification card issued under this rule expires on the applicant’s birthday, in the eighth calendar year after the year of issuance or on the date it is no longer medically impractical or harmful to the applicant to appear at a DMV office to be photographed for an identification card, whichever is earlier.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 811.603
Statutes/Other Implemented: ORS 807.021, 811.602 & 811.603
DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024
DMV 36-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 29-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 12-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 6-2002, f. & cert. ef. 3-14-02
DMV 18-2001(Temp), f. & cert. ef. 9-21-01 thru 3-19-02
DMV 12-2000, f. & cert. ef. 9-21-00
DMV 6-1996, f. & cert. ef. 8-15-96
MV 20-1991, f. 9-18-91, cert. ef. 9-29-91

Or. Admin. R. 735-080-0070 Replacement or Renewal of a Parking Identification Card

(1) DMV may replace a Parking Identification Card issued under OAR 735-080-0070 if the card is lost, mutilated or destroyed. The replacement will have the same expiration date as the Parking Identification Card it replaces. Issuance of a replacement Parking Identification Card automatically invalidates the previously issued Parking Identification Card. An applicant for a replacement must complete a Parking Identification Card and Disabled Person Parking Permit Application (DMV form 735-265PIP), which must include:

(a) The applicant’s certification that the original Parking Identification Card has been lost, mutilated or destroyed; and

(b) Proof of residence address as described in OAR 735-062-0030, when the residence address of the applicant has changed since issuance of the most recent parking identification card.

(2) Upon Expiration of a Parking Identification Card, DMV may issue a Parking Identification Card with a renewed expiration date. For DMV to issue the card, the applicant must:

(a) Meet the eligibility requirements described in OAR 735-080-0060;

(b) Submit a completed Parking Identification Card and Disabled Person Parking Permit Application form (DMV form 735-265PIP) described in OAR 735-080-0060, submitted in accordance with OAR 735-080-0100; and

(c) Provide proof of residence address with the application for renewal, as described in OAR 735-062-0030, when the residence address of the applicant has changed since issuance of the most recent parking identification card.

(3) A renewed Parking Identification Card expires eight years from the expiration date of the immediately preceding identification card or on the date it is no longer medically impractical to the applicant to appear at a DMV office to be photographed for an identification card, whichever is earlier.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 811.603
Statutes/Other Implemented: ORS 811.603
DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024
DMV 36-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 12-2008, f. 6-23-08, cert. ef. 7-1-08
DMV 6-2002, f. & cert. ef. 3-14-02
DMV 18-2001(Temp), f. & cert. ef. 9-21-01 thru 3-19-02
DMV 12-2000, f. & cert. ef. 9-21-00
DMV 6-1996, f. & cert. ef. 8-15-96
MV 20-1991, f. 9-18-91, cert. ef. 9-29-91

Or. Admin. R. 735-080-0080 Temporary Duplicate Permits

(1) DMV may issue a temporary duplicate permit placard, as described in ORS 811.602, to an applicant who needs a second permit to travel outside of the person’s county of residence if the applicant holds a valid Disabled Person Parking Permit placard or decal or a valid temporary Disabled Person Parking Permit placard.

(2) The applicant must submit to DMV a Disabled Person Parking Permit Application/Renewal: Individuals (DMV form 735-265) requesting a Temporary Duplicate Permit that includes:

(a) The applicant’s name and address; and

(b) The applicant’s driver license, driver permit, identification card, or parking identification card number, if one has been assigned by DMV.

(3) A Temporary duplicate travel permit is valid for a period of up to 120 days from the date of issuance. DMV will not issue a temporary duplicate travel permit with an expiration date that is later than the expiration date of the applicant’s primary Disabled Person Parking Permit placard, decal or temporary Disabled Person Parking Permit.

(4) DMV may issue a temporary duplicate travel permit prior to the expiration of a current, valid temporary duplicate permit issued to an applicant. In addition to the requirements in section (2) of this rule, the applicant must return the current, valid temporary duplicate permit prior to issuance of the new temporary duplicate permit.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 811.602
Statutes/Other Implemented: ORS 811.602
DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024
DMV 29-2020, amend filed 09/29/2020, effective 01/01/2021
DMV 23-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-1996, f. & cert. ef. 8-15-96

Or. Admin. R. 735-080-0100 Submission of Disabled Person Parking Permit Applications and Renewals

(1) An applicant must submit all required documents for Disabled Person Parking Permits and placards, as specified in 735-080-0020, as follows:

(a) Individual, Wheelchair User, Oregon Wounded Warrior, Temporary Disability permit applications:

(A) In person to a DMV office;

(B) By mail to: DMV Driver Transaction Unit – Parking Permits Clerk, 1905 Lana Ave NE, Salem, OR 97314; or

(b) Foreign Visitor permit applications – Present documentation, as described in ORS 811.611, in person to a DMV office.

(c) Program, Family permit applications – by fax: (503) 945-7981; email: ORDMVDriverTrans@odot.oregon.gov; or mail to DMV Driver Transactions Unit – Parking Permits Clerk, 1905 Lana Ave NE, Salem, OR 97314.

(d) Parking Identification Card permit applications – by mailto DMV Driver Transactions Unit – Parking Permits Clerk, 1905 Lana Avenue NE, Salem, Oregon 97314.

(2) An applicant for renewal of a parking permit, including Wounded Warrior, Wheelchair User, Parking Identification Card and Disabled Person Parking Permit, and Program, must submit the appropriate completed renewal application with all required documentation as follows:

(a) The Parking Permit Renewal Reminder letter sent to each permit holder, except Family and Program permit holders, with the included Renewal Application and Certificate of Disability that must be completed by the holder’s licensed physician, a licensed nurse practitioner or a licensed physician assistant and signed and dated no more than six months prior to the receipt of the application by DMV.

(b) A Disabled Person Parking Permit Application/Renewal: Individuals (DMV form 735-265), as described in OAR 735-080-0020(1), that includes the Certificate of Disability included on the application completed by the holder’s licensed physician, licensed nurse practitioner or licensed physician assistant signed and dated no more than six months prior to the receipt of the application by DMV.

(c) A Disabled Person Parking Family Placard Application (DMV form 735-265 FPP) that includes the Certificate of Disability, included on the Application, completed by the licensed physician treating the disabled individual, and signed and dated no more than six months prior to the receipt of the application by DMV.

(d) An Application for Program Disabled Person Parking Permit Placard (DMV form 735-265PP).

(e) A Parking Identification Card and Disabled Person Parking Permit Placard Application (DMV form 735-265PIP) that meets requirements described in OAR 735-080-0060 including the Certificate of Disability, included on the application, completed by the holder’s licensed physician, licensed nurse practitioner or licensed physician assistant.

History

Statutory/Other Authority: ORS 184.619, 802.010, 811.602, 811.603, 811.605, 811.607, 811.609, 811.613 & 811.616
Statutes/Other Implemented: ORS 811.602, 811.603, 811.605, 811.607, 811.609, 811.613 & 811.616
DMV 27-2024, amend filed 08/06/2024, effective 08/06/2024
DMV 23-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 1-2024, adopt filed 01/26/2024, effective 01/26/2024

Or. Admin. R. 735-090-0000 Definitions

As used in OAR 735-090-0000 through 735-090-0120, unless the context requires otherwise:

(1) “Agency” means Driver and Motor Vehicle Services Division (DMV) of the Oregon Department of Transportation.

(2) “Error of the Department,” as used in ORS 813.440(1)(c), means:

(a) An act or omission of the agency or OAH, which by its occurrence, prevented the petitioning party from participating in a recorded or reported hearing that determines the validity of a suspension of driving privileges; or

(b) An act or omission of the agency or OAH in issuing a subpoena to a witness, including a police officer, to a recorded or reported hearing that determines the validity of a suspension of driving privileges and where the witness’ participation at the reported or recorded hearing is required in order for the agency to establish the required elements under ORS 813.410(7); or

(A) The agency receives the petitioning party’s request to subpoena a necessary witness more than 72 hours prior to the time and date that a recorded or reported hearing that determines the validity of a suspension of driving privileges is scheduled; and

(B) The act or omission, by its occurrence, prevented the necessary witness from participating in the hearing; or

(d) An act or omission of the agency or OAH that prevents a recorded or reported hearing that determines the validity of a suspension of driving privileges from being conducted.

(3) “In-person hearing” means that at least one of the petitioning party and at least one agency witness are present in the same location as the Administrative Law Judge.

(4) “OAH” means the Office of Administrative Hearings when it is performing services on behalf of the agency under OAR chapter 735 division 90.

(5) “Other just cause” as used in ORS 813.440(1)(g) means:

(a) Circumstances beyond the reasonable control of the petitioning party and beyond the ability of a reasonable person to foresee, which:

(A) Prevented the petitioning party from filing a timely request for a hearing as set forth in ORS 813.410(4); or

(B) Prevented the petitioning party from requesting the agency or OAH to subpoena a necessary witness more than 72 hours prior to the time and date that a recorded or reported hearing that determines the validity of a suspension of driving privileges is scheduled; or

(C) Prevented the petitioning party from participating in a recorded or reported hearing that determines the validity of a suspension of driving privileges.

(b) Circumstances where a petitioning party moves for a continuance of a hearing or a request that a necessary witness be subpoenaed to a hearing and, due to circumstances beyond the control of the petitioning party:

(A) The necessary witness does not appear at the hearing because the necessary witness was unknown to the petitioning party prior to a recorded or reported hearing that determines the validity of a suspension of driving privileges; or

(B) The necessary witness does not appear at the hearing and could not be served with a subpoena at least 72 hours prior to a recorded or reported hearing that determines the validity of a suspension of driving privileges.

(c) Circumstances beyond the control of a petitioning party that require a continuance of a hearing because documentary evidence referred to or presented at the hearing by a necessary witness was not provided to the petitioning party either before or during the hearing.

(d) Circumstances beyond the control of the agency or OAH that prevented an administrative law judge from conducting a recorded or reported hearing that determines the validity of a suspension of driving privileges.

(e) Circumstances that require the department to issue a notice of amendment to an Implied Consent Combined Report (Form 735-0075) or Implied Consent Blood Test Failure Report (Form 735-0055) and the petitioning party is unable to file a timely request for hearing as set forth in ORS 813.410(4).

(6) “Necessary witness” means a witness whose testimony is essential to support a material fact or position of the petitioning party. The fact or position to be supported by the necessary witness must be within the scope of an implied consent hearing as set forth in ORS 813.410(7).

(7) “Offense” means the alleged Driving While Under the Influence of Intoxicants incident.

(8) “Petitioner” means the person whose driving privileges may be suspended.

(9) “Petitioning Party” means the petitioner or the petitioner’s attorney.

(10) “Received by DMV” means:

(a) Personally delivered to DMV Headquarters. 1905 Lana Ave. NE, Salem, OR;

(b) Delivered by mail to DMV Headquarters, 1905 Lana Ave. NE, Salem, OR 97314;

(d) Received by electronic mail via the implied consent hearing request form provided on DMV’s website – OregonDMV.com.

History

Statutory/Other Authority: ORS 184.619, 802.010, 813.410 & 813.440
Statutes/Other Implemented: ORS 813.410 & 813.440
DMV 6-2023, minor correction filed 02/23/2023, effective 02/23/2023
DMV 24-2010, f. 12-22-10, cert. ef. 1-1-11
DMV 14-2007, f. & cert. ef. 12-24-07
DMV 23-2004, f. & cert. ef. 11-17-04
DMV 21-2002, f. & cert. ef. 11-18-02
DMV 7-1997, f. & cert. ef. 9-18-97
MV 15-1993, f. 10-22-93, cert. ef. 11-4-93
MV 2-1991, f. & cert. ef. 3-18-91
MV 10-1985, f. 9-19-85, ef. 9-20-85, Renumbered from 735-021-0100
MV 5-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-090-0020 Hearings Requests

(1) A hearing request must be in writing. The request should include:

(a) Petitioner’s full name;

(b) Petitioner’s complete mailing address;

(d) Petitioner’s Oregon driver license number;

(e) Petitioner’s date of birth;

(f) Telephone number where petitioner can be called between 8 a.m. and 5 p.m.;

(g) Brief statement of the issues the petitioner proposes to raise at the hearing; and

(h) Dates and times the petitioner or attorney cannot participate in a hearing.

(2) A petitioner may request an in-person hearing either as part of the hearing request or as an amendment to the hearing request. The request for in-person hearing or any amendment to the request for an in-person hearing must be made within the time requirements specified in section (4), (5) or (6) of this rule. A petitioner may request an in-person hearing when submitting a late hearing request but may not amend the request.

(3) A request for an interpreter for a non-English speaking petitioner must be part of the hearing request.

(4) To be considered timely, a hearing request submitted pursuant to ORS 813.132 or 813.410(4), for failure of a breath test or refusal of a breath, blood or urine test, must be received by DMV by the tenth day following the arrest of the petitioner. Oregon Rules of Civil Procedure 10A (ORCP 10A) will be used to determine the computation of time.

(5) To be considered timely, a hearing request submitted pursuant to ORS 813.410(4), for failure of a blood test, must be received by DMV by the tenth day from the date DMV sends notice of suspension. ORCP 10A will be used to determine the computation of time.

(6) DMV will issue a final order denying an untimely hearing request unless the petitioning party demonstrates that the request should be granted under ORS 813.440.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.619, 802.010, 813.410 & 813.440
Statutes/Other Implemented: ORS 813.410 & 813.440
DMV 9-2023, minor correction filed 02/23/2023, effective 02/23/2023
DMV 10-2014, f. & cert. ef. 9-19-14
DMV 24-2010, f. 12-22-10, cert. ef. 1-1-11
DMV 14-2007, f. & cert. ef. 12-24-07
DMV 23-2004, f. & cert. ef. 11-17-04
DMV 21-2002, f. & cert. ef. 11-18-02
DMV 3-1996, f. & cert. ef. 7-26-96
MV 15-1993, f. 10-22-93, cert. ef. 11-4-93
MV 2-1991, f. & cert. ef. 3-18-91
MV 10-1985, f. 9-19-85, ef. 9-20-85, Renumbered from 735-021-0110
MV 5-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-090-0040 Document Submission Requirements

(1) The following documents, sent by police agencies, shall be received by DMV by the tenth day following arrest. These documents are:

(a) Original and a copy of the Implied Consent Combined Report, Form 735-0075, and if applicable, the CDL Implied Consent Addendum, Form 735-0075A; and

(b) The Oregon driver license or permit if confiscated.

(2) An Implied Consent Combined Report, Form 735-0075, and if applicable, a CDL Implied Consent Addendum, Form 735-0075A, not received within ten days following the arrest and failure of the breath test or refusal of a breath, blood or urine test, are inadmissible at any hearing conducted within 30 days following the arrest pursuant to ORS 813.132 or 813.410, but are admissible in a hearing authorized under ORS 813.440.

(3) The original and a copy of the Implied Consent Blood Test Failure Report, Form 735-0055, sent by police agencies, shall be received by DMV by the 45th day following arrest. If form 735-0055 is not received within 45 days following the date of arrest, no license suspension action will be taken by DMV.

History

Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440
Statutes/Other Implemented: ORS 813.131, 813.132, 813.410 & 813.440
DMV 23-2004, f. & cert. ef. 11-17-04
DMV 21-2002, f. & cert. ef. 11-18-02
DMV 7-1997, f. & cert. ef. 9-18-97
DMV 3-1996, f. & cert. ef. 7-26-96
MV 15-1993, f. 10-22-93, cert. ef. 11-4-93
MV 2-1991, f. & cert. ef. 3-18-91
MV 10-1985, f. 9-19-85, ef. 9-20-85, Renumbered from 735-021-0120
MV 5-1984, f. 6-29-84, ef. 7-1-84

Or. Admin. R. 735-090-0042 Police Officer Request for an In-Person Hearing

A police officer may request that any hearing required under ORS 813.410 be an in-person hearing. The request may be made by:

(1) Marking the box provided on the Implied Consent Combined Report, Form 735-0075, or Implied Consent Blood Test Failure Report, Form 735-0055; or

(2) Submitting a separate written request to DMV Hearings Case Management Unit. The request may be:

(a) Personally delivered to DMV Headquarters. 1905 Lana Ave. NE, Salem, OR;

(b) Delivered by mail to DMV Headquarters, 1905 Lana Ave. NE, Salem, OR 97314; or

(3) To be considered timely, an officer’s in-person hearing request submitted pursuant to ORS 813.132 or 813.410(3), for failure of a breath test or refusal of a breath, blood or urine test, must be received by DMV by the tenth day following the arrest of the petitioner. Oregon Rules of Civil Procedure 10A (ORCP 10A) will be used to determine the computation of time.

(4) To be considered timely, a hearing request submitted pursuant to ORS 813.410(3), for failure of a blood test, must be received by DMV by the 45th day following the arrest of the petitioner. ORCP 10A will be used to determine the computation of time.

(5) A police officer may amend the request for an in-person hearing within the time requirement specified in section (3) or (4) of this rule.

History

Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440
Statutes/Other Implemented: ORS 813.410 & 813.440
DMV 10-2014, f. & cert. ef. 9-19-14
DMV 24-2010, f. 12-22-10, cert. ef. 1-1-11

Or. Admin. R. 735-090-0051 Subpoena of Witness

Under no circumstance will DMV or OAH compel a witness to attend and testify at a hearing that determines the validity of a suspension of driving privileges unless the witness is served with a subpoena at least 72 hours prior to the time of the hearing.

History

Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440
Statutes/Other Implemented: ORS 813.410 & 813.440
DMV 14-2007, f. & cert. ef. 12-24-07
DMV 23-2004, f. & cert. ef. 11-17-04

Or. Admin. R. 735-090-0066 Witness Information, Requests for Admissions, and Written Interrogatories

(1) The Agency finds that use of the discovery methods listed in OAR 137-003-0566(1)(a), (d) and (e) (names, telephone numbers, and addresses of witnesses expected to testify at the hearing, requests for admission, and written interrogatories respectively) would unduly complicate and interfere with the hearing processes in Implied Consent contested case hearings due to the statutorily mandated timeframe within which these cases must be decided, the volume of cases and need for speed and informality in these hearings. The current alternative procedures for sharing relevant information, including those established in Oregon Administrative Rule, chapter 735, division 90, are sufficient to ensure fundamental fairness in Implied Consent contested case hearings.

(2) The witness information, requests for admission, and interrogatories described in OAR 137-003-0566(1)(a), (d) and (e) do not apply to the Agency’s Implied Consent contested case hearings and may not be used in such hearings.

History

Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440
Statutes/Other Implemented: ORS 813.410 & 813.440
DMV 13-2013, f. & cert. ef. 9-24-13

Or. Admin. R. 735-090-0101 Hearing Location

(1) Except as provided in section (2) of this rule, an in-person hearing will be held either in the county where the alleged offense occurred or at any place within 100 air miles of the place where the offense is alleged to have occurred. There is no location restriction when a hearing is conducted by telephone or other two-way electronic communication device.

(2) If there is a mutual agreement between the petitioning party and DMV, an in-person hearing may be held at a location outside of either the county where the alleged offense occurred or 100 air miles of the place where the offense is alleged to have occurred.

History

Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440
Statutes/Other Implemented: ORS 813.410 & 813.440
DMV 24-2010, f. 12-22-10, cert. ef. 1-1-11
DMV 2-2007, f. & cert. ef. 1-24-07
DMV 23-2004, f. & cert. ef. 11-17-04

Or. Admin. R. 735-090-0110 Just Cause Petitions

Persons wishing to have the agency consider, under ORS 813.440, their grounds for not filing a timely hearing request or for not attending a hearing shall include the following in their petition:

(1) The information specified in OAR 735-090-0020(1);

(2) The date and DMV case number of the defaulted hearing, when applicable; and

(3) A statement of the circumstances relied upon for just cause and an explanation of how those circumstances caused the failure to file a timely hearing request or to appear at a scheduled hearing; and

(4) Any other documentation relied upon.

History

Statutory/Other Authority: ORS 183.341, 184.616, 184.619, 813.410 & 813.440
Statutes/Other Implemented: ORS 813.410
DMV 21-2002, f. & cert. ef. 11-18-02
MV 15-1993, f. 10-22-93, cert. ef. 11-4-93
MV 2-1991, f. & cert. ef. 3-18-91
MV 10-1985, f. 9-19-85, ef. 9-20-85, Renumbered from 735-021-0165

Or. Admin. R. 735-090-0120 Police Officer Unable to Appear at Hearing

(1) If a subpoenaed police officer is unable to appear at a hearing under ORS 813.410 due to an officer’s illness, vacation or official duty conflicts, a hearing will be re-scheduled as soon as practicable.

(2) DMV will rescind the suspension of the petitioner's driving privileges pending the outcome of the hearing conducted pursuant to ORS 813.440(1)(d).

(3) The DMV or OAH may receive notification of an officer’s illness, vacation or official duty conflict before or after a scheduled hearing. Post hearing notification must be received by the DMV or OAH no later than 10 days after the hearing. Verification must be to the satisfaction of the DMV.

(4) An official duty conflict exists if the subpoenaed police officer is unable to attend the hearing due to any of the following conditions:

(a) Community caretaking pursuant to ORS 133.033;

(b) Court appearance on behalf of the police officer’s agency;

(d) Duty-related physical incapacity.

(5) Nothing in this rule prevents the taking of evidence at the time of the originally scheduled hearing and continuing the hearing for the testimony of the unavailable police witness(es).

History

Statutory/Other Authority: ORS 183.341, 184.616, 813.410 & 813.440
Statutes/Other Implemented: ORS 813.410 & 813.440
DMV 10-2014, f. & cert. ef. 9-19-14
DMV 30-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 14-2007, f. & cert. ef. 12-24-07
DMV 7-1997, f. & cert. ef. 9-18-97
MV 15-1993, f. 10-22-93, cert. ef. 11-4-93

Or. Admin. R. 735-090-0125 Original Hearing

The date of the original hearing, as used in ORS 813.440(1)(f), is the initial date that OAH scheduled a hearing to be held for a particular case, regardless of whether a hearing actually took place on that date.

History

Statutory/Other Authority: ORS 183.341, 184.616, 813.410 & 813.440
Statutes/Other Implemented: ORS 813.410 & 813.440
DMV 30-2009, f. 12-22-09, cert. ef. 1-1-10

Or. Admin. R. 735-090-0130 Error of the Department

In accordance with the definition of "Error of the Department" specified in OAR 735-090-0000(2), in a hearing that determines the validity of a suspension of driving privileges under ORS 813.410, if hearsay evidence is used to establish the required elements under ORS 813.410(7) and a petitioning party presents substantial evidence that contradicts the hearsay evidence, DMV will rescind the suspension and OAH will continue the hearing pursuant to 813.440(1)(c) and subpoena the hearsay witness to the continued hearing.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 813.410 & 813.440
DMV 10-2023, minor correction filed 02/23/2023, effective 02/23/2023
DMV 14-2007, f. & cert. ef. 12-24-07
DMV 23-2004, f. & cert. ef. 11-17-04
DMV 11-2004(Temp), f. & cert. ef. 5-24-04 thru 11-19-04

Division 100 APPROVAL/DESIGNATIONS

Or. Admin. R. 735-100-0000 Authority for Administrative Rules

Administrative Rules covering vehicle safety equipment are promulgated under the Oregon Transportation Commission’s authority as set forth in ORS 184.619, and under authority of other statutes of the Oregon Vehicle Code that require or are relevant to adoption of the specific rules.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.619, 184.811, 184.815, 184.816 & 184.818
Statutes/Other Implemented: ORS 815.030
DMV 11-2026, minor correction filed 03/17/2026, effective 03/17/2026
MV 9-1986, f. & ef. 6-20-86

Or. Admin. R. 735-100-0010 Equipment Compliance and Approval

(1) The Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA) is designated an approval authority for the Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety).

(2) The AMECA’s Equipment Compliance Program may be used by manufacturers for verifying their equipment items meet the appropriate Transportation Safety adopted standards. This does not preclude other manufacturer self-certification methods of federally regulated items.

(3) AMECA’s accredited testing laboratories shall be recognized as approved by Transportation Safety.

(4) AMECA’s Notice of Equipment Compliance for an equipment item, or the showing of the item on an AMECA’s Compliance Listing shall be acceptable proof to Transportation Safety that the item meets equipment standards. All equipment must be tested to comply with standards adopted by Transportation Safety. This does not preclude testing to more stringent standards.

(5) The review of manufacturer’s test results through the AMECA’s program shall be an acceptable procedure to verify equipment compliance to standards.

(6) Transportation Safety may request a manufacturer’s test results for conformance review, and may consider testing or retesting at any time there is reason to believe an item does not meet established standards.

(7) Transportation Safety may request the testing laboratory name, address, contact person and telephone number from the manufacturer to verify test procedures and test results if there is reason to believe an item does not meet established standards.

History

Statutory/Other Authority: ORS 184.619, 815.010, 815.030 & 816.010
Statutes/Other Implemented: ORS 815.010, 815.030 & 816.010
DMV 36-2021, minor correction filed 12/08/2021, effective 12/08/2021
DMV 3-1997, f. & cert. ef. 1-21-97
DMV 12-1994, f. & cert. ef. 10-6-94
MV 3-1987, f. & ef. 4-16-87, Renumbered from 735-080-0010
Repealed by DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 17-2003, f. & cert. ef. 11-18-03
DMV 12-2000, f. & cert. ef. 9-21-00
DMV 6-1996, f. & cert. ef. 8-15-96
MV 20-1991, f. 9-18-91, cert. ef. 9-29-91
MV 38-1989, f. & cert. ef. 10-3-89
MV 4-1988, f. & cert. ef. 2-2-88
MV 30-1986, f. 12-31-86, ef. 1-1-87
MV 11-1985, f. 9-19-85, ef. 9-20-85

Or. Admin. R. 735-100-0020 Bus Safety Lights Used on Church Buses

(1) The Transportation Safety Office of the Department of Transportation (Transportation Safety) adopts the following requirements for eligibility for a permit to allow use of bus safety lights on a church bus, and for the requirements for use of the lights.

(2) For purposes of this rule, the following definitions apply:

(a) “Church bus” means any bus that is operated by a religious organization while the bus is being used to transport children to and from religious services or an activity or function authorized by the religious organization.

(b) “Bus safety lights” means the red and amber alternately flashing lights described in ORS 816.260.

(A) Any Department of Education school bus inspector;

(B) A currently employed mechanic or inspector of a school district or of a contractor engaged in a school bus fleet operation;

(C) A competent mechanic, defined as anyone receiving a substantial portion of their income repairing motor vehicles, and who is currently active at this work; or

(D) A person designated for this purpose by Transportation Safety.

(3) A church bus will be issued a permit allowing use of bus safety lights upon receipt of a written request submitted to Transportation Safety. The request must be accompanied by a statement signed by a qualified person stating that the vehicle meets the following requirements:

(a) That flashing amber and red lights have been installed and operate in accordance with requirements adopted by the Department of Education in OAR 581-053-0240(38)(M);

(b) That the vehicle is painted National School Bus Yellow; and

(A) The church bus bears the wording “CHURCH BUS” in black letters at least eight inches high and of proportionate width, on both the front and rear of the body. This lettering shall be placed as high on the bus body as possible without impairment of its visibility; and

(B) A warning sign, calling attention to the bus safety light stop law is installed on the rear of the bus. The sign shall be centered on the back of the bus and occupy the space, beltline high, directly beneath the upper window in the rear door. Signs on transit type buses shall be in approximately the same area. A warning sign shall consist of decals of white reflectorized letters mounted on a flat black background that is nine inches by 30 inches, with lettering as shown in the following diagram:

(4) Operation of church bus flashing lights shall be in accordance with requirements adopted by the Department of Education in OAR 581-053-0015(7) and with ORS 811.515.

(5) The bus safety light system must be checked at least once a year by a qualified person as defined in section (2) of this rule. This person must provide the religious organization with a signed statement that the system is operating properly. The religious organization must retain such statements in their records for the vehicle.

(6) The approval permit, or a copy may be carried in the bus, to show as verification of Transportation Safety approval to use the light system on the vehicle.

(7) A permit issued under this rule is not transferable and is subject to cancellation with 30 days notice if Transportation Safety determines that there is any violation of this rule.

History

Statutory/Other Authority: ORS 184.619, 811.515, 816.260, 818.260 & 818.270
Statutes/Other Implemented: ORS 818.260
DMV 12-2026, minor correction filed 03/17/2026, effective 03/17/2026
DMV 38-2021, minor correction filed 12/08/2021, effective 12/08/2021
DMV 37-2021, minor correction filed 12/08/2021, effective 12/08/2021
MV 12-1986, f. & ef. 8-22-86, Renumbered from 735-080-0130

Division 102 OCCUPANT/RIDER PROTECTION

Or. Admin. R. 735-102-0000 Seat Belt Assemblies and Seat Belt Assembly Anchorages

The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts:

(1) Federal Motor Vehicle Safety Standard (FMVSS) Number 208, Occupant Crash Protection in Passenger Cars, Multipurpose Passenger Vehicles, Trucks and Buses regarding location and type of seat belts to be used in motor vehicles. This standard is as found in the Code of Federal Regulations, Title 49, Part 571.

(2) FMVSS Number 209, Seat Belt Assemblies regarding seat belt assemblies used in motor vehicles. This standard is as found in the Code of Federal Regulation, Title 49, Part 571.

(3) FMVSS Number 210, Seat Belt Assembly Anchorages, regarding anchorages used with seat belt assemblies in motor vehicles. This standard is as found in the Code of Federal Regulations, Title 49, Part 571.

History

Statutory/Other Authority: ORS 184.616, 815.030 & 815.055
Statutes/Other Implemented: ORS 815.055
DMV 39-2021, minor correction filed 12/08/2021, effective 12/08/2021
DMV 12-1994, f. & cert. ef. 10-6-94
MV 9-1986, f. & cert. ef. 6-20-86, Renumbered from 735-080-0060
MV 6-1979, f. & cert. ef. 10-18-79, Renumbered from 735-080-0006
MV 8-1978, f. & cert. ef. 11-16-78

Or. Admin. R. 735-102-0010 Child Safety Systems

(1) The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts Federal Motor Vehicle Safety Standard (FMVSS) Number 213, Child Restraint Systems, as found in the Code of Federal Regulations, Title 49, Part 571. For purposes of this rule, Child Safety Systems and Child Restraint Systems shall be considered one and the same.

(2) Child safety systems, seat belt assemblies, anchorages, and other related devices that conform to federal standards, including labeling by the manufacturer to certify compliance, will be considered acceptable for use in vehicles. Use of such devices shall comply with requirements of the federal standard, and instructions of the manufacturer.

(3) Transportation Safety may request a manufacturer’s test results for conformance review, and may consider testing or retesting at any time there is reason to believe an item does not meet established standards.

History

Statutory/Other Authority: ORS 184.619, 815.030 & 815.055
Statutes/Other Implemented: ORS 815.055
DMV 40-2021, minor correction filed 12/08/2021, effective 12/08/2021
DMV 12-1994, f. & cert. ef. 10-6-94
Renumbered from 735-080-0007, MV 9-1986, f. & ef. 6-20-86
MV 6-1983, f. 10-5-83, ef. 1-1-84

Or. Admin. R. 735-102-0030 Bicycle, Skateboard, Scooter and In-Line Skate Protective Headgear (Helmets)

(1) The Transportation Safety Office of the Oregon Department of Transportation adopts the mandatory national safety standard for bicycle helmets of the Consumer Product Safety Commission 16 CFR Part 1203, and the voluntary standards and specifications of the Snell Memorial Foundation (SNELL) B-90 and B-95, and the American Society for Testing and Materials (ASTM) F-1447-02, F-1492-00 and F-1898-01 for minimum performance criteria and test procedures for protective headgear for bicyclists, skateboarders, scooter riders and in-line skaters.

(2) The purpose of these standards is to reduce deaths and injuries by providing minimum acceptable levels of head protection.

(3) Protective headgear for bicyclists must be clearly labeled as required by federal law certifying compliance with U.S. CPSC standards. Additional certifications may be included as appropriate for specific headgear use.

History

Statutory/Other Authority: ORS 184.619, 184.619 & 815.052
Statutes/Other Implemented: ORS 815.052
DMV 41-2021, minor correction filed 12/08/2021, effective 12/08/2021
DMV 12-2006, f. & cert. ef. 9-22-06
DMV 13-1994, f. & cert. ef. 10-20-94
DMV 8-1994, f. & cert. ef. 8-19-94

Division 104 WINDOWS AND GLAZINGS

Or. Admin. R. 735-104-0000 Glazing Materials

The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts Federal Motor Vehicle Safety Standard (FMVSS) Number 205, Glazing Materials, regarding glazing materials that may be used in vehicle windows and windshields. This standard is as found in the Code of Federal Regulations, Title 49, Part 571.

History

Statutory/Other Authority: ORS 184.619, 815.030 & 815.040
Statutes/Other Implemented: ORS 815.040
DMV 42-2021, minor correction filed 12/08/2021, effective 12/08/2021
DMV 12-1994, f. & cert. ef. 10-6-94
MV 9-1986, f. & ef. 6-20-86, Renumbered from 735-162-0000
MV 8-1981, f. & ef. 7-1-81, Renumbered from 735-061-0010
MV 46, f. 9-10-71, ef. 10-1-71
Repealed by DMV 1-2004, f. & cert. ef. 1-15-04
DMV 3-1999, f. & cert. ef. 9-3-99

Division 106 BRAKE SYSTEMS/FLUIDS/RELATED DEVICES

Or. Admin. R. 735-106-0000 Motor Vehicle Brake Fluids

(1) The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts Federal Motor Vehicle Safety Standard (FMVSS) Number 116, Motor Vehicle Brake Fluids, in regard to brake fluids for use in motor vehicles. This standard is as found in the Code of Federal Regulations, Title 49, Part 571.

(2) Motor vehicle brake fluids in compliance with this rule constitutes “hydraulic brake fluid” for purposes of ORS 815.065 and 815.085.

History

Statutory/Other Authority: ORS 184.619, 815.030 & 815.065
Statutes/Other Implemented: ORS 815.065
DMV 43-2021, minor correction filed 12/08/2021, effective 12/08/2021
DMV 12-1994, f. & cert. ef. 10-6-94
MV 9-1986, f. & ef. 6-20-86, Renumbered from 735-163-0000

Division 108 LIGHTING EQUIPMENT

Or. Admin. R. 735-108-0000 Lamps, Reflective Devices and Associated Equipment for Motor Vehicles

(1) Transportation Safety adopts FMVSS Number 108, Lamps, Reflective Devices and Associated Equipment, in regard to such equipment and devices used in motor vehicles. This standard is as found in the Code of Federal Regulations, Title 49, Part 571, 2016 Edition, available from Transportation Safety.

(2) FMVSS 108 specifies requirements for the following original and replacement lamps, reflective devices, and associated equipment for motor vehicles:

(a) Headlamps;

(b) Taillamps;

(d) High-mounted stoplamp;

(e) License plate lamp;

(f) Parking lamps;

(g) Reflex reflectors;

(h) Intermediate side reflex reflectors;

(i) Intermediate side marker lamps;

(j) Identification lamps;

(k) Clearance lamps;

(L) Side-marker lamps;

(m) Backup lamps;

(n) Turn signal lamps, turn signal operating unit, and turn signal flasher unit;

(o) Vehicular hazard warning signal operation unit and flasher unit; and

(p) Retroreflective sheeting.

History

Statutory/Other Authority: ORS 184.619, 815.030, 816.010, 816.040 & 816.050
Statutes/Other Implemented: ORS 816.010
DMV 14-2021, amend filed 07/16/2021, effective 07/16/2021
DMV 3-1997, f. & cert. ef. 1-21-97
MV 9-1986, f. & ef. 6-20-86, Renumbered from 735-164-0000
DMV 7-2013, f. & cert. ef. 5-23-13
MV 30-1987, f. & ef. 10-1-87, Renumbered from 735-120-0060

Or. Admin. R. 735-108-0005 Definitions Relevant to Division 108

For purposes of OAR 735-108-0000 through 735-108-0110, the following definitions shall apply:

(1) Backup lamp in compliance with FMVSS 108 constitutes “back-up lights” for purposes of ORS 811.515, 816.110, and 816.350.

(2) Clearance lamps in compliance with FMVSS 108 constitutes “clearance lights” for purposes of ORS 811.515, 816.200, and 816.320.

(3) “FMVSS” means Federal Motor Vehicle Safety Standard.

(4) Headlamps in compliance with FMVSS 108 constitutes “headlights” for purposes of ORS 811.515, 816.050, 816.320, and 816.350.

(5) Identification lamps in compliance with FMVSS 108 constitutes “identification lights” for purposes of ORS 811.525, 816.210, and 816.320.

(6) License plate lamp in compliance with FMVSS 108 constitutes “registration plate light” for purposes of ORS 816.090, 816.320, and 816.350.

(7) “Lights” means lamps as referenced in FMVSS and SAE standards.

(8) Parking lamps in compliance with FMVSS 108 constitutes “parking lights” for purposes of ORS 811.515 and 816.130.

(9) Reflex reflectors, intermediate side reflex reflectors and retroreflective sheeting in compliance with FMVSS 108 constitutes “reflectors” for purposes of ORS 816.180 and 816.320.

(10) “SAE” means Society of Automotive Engineers.

(11) Side marker lamps and intermediate side marker lamps in compliance with FMVSS 108 constitutes “marker lights” for purposes of ORS 811.515, 816.190, and 816.320.

(12) Stop lamps and high-mounted stoplamp in compliance with FMVSS 108 constitutes “brake lights” for purposes of ORS 811.395, 816.100 and 816.320.

(13) Taillamps in compliance with FMVSS 108 constitutes “taillights” for purposes of ORS 816.080 and 816.320.

(14) “Transportation Safety” means Transportation Safety Office of the Oregon Department of Transportation.

(15) Turn signal lamps, turn signal operating unit and turn signal flasher unit in compliance with FMVSS 108 constitutes “turn signals” for purposes of ORS 811.395, 811.515, 816.120, 816.320, and 816.350.

(16) Vehicular hazard warning lamps, signal operating unit and flasher unit in compliance with FMVSS 108 constitutes “hazard lights” for purposes of ORS 816.240 and 816.350.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.619, 815.030 & 816.010
Statutes/Other Implemented: ORS 816
DMV 44-2021, minor correction filed 12/08/2021, effective 12/08/2021
DMV 3-1997, f. & cert. ef. 1-21-97

Or. Admin. R. 735-108-0010 Aiming, Wiring and Mounting of Headlights for Motor Vehicles

(1) Transportation Safety adopts aiming, wiring and mounting requirements for motor vehicle headlights.

(2) The preparation for aiming of headlights shall be by one of the following methods:

(a) Mechanical aimer method:

(A) Calibrate the aimer for accuracy according to the instructions of the manufacturer; and

(B) Make compensation for the ground level in the aiming area.

(b) Visual aiming screen method:

(A) Locate the vehicle on a level surface, under normal load condition with the driver behind the steering wheel;

(B) Locate the screen 25 feet in front of the lens of the light;

(D) Align the vehicle with the screen; and

(E) Activate the automatic (air) suspension if the vehicle is so equipped.

(3) Aiming of headlights:

(a) Aim lights according to vehicle manufacturer instructions when vehicle is equipped with self contained aiming devices;

(b) Adjust headlights to a setting of 0-0 when using a mechanical aimer;

(c) Aim the center of the high intensity zone at horizontal and straight ahead vertical for high beam, and aim the top edge of the high intensity zone at horizontal and the left edge at vertical for low beam, when using a visual aiming screen; or

(d) Aim lights according to manufacturer instructions when using other methods developed by vehicle or lighting equipment manufacturers for use on new vehicle and/or headlight designs. These methods are acceptable if they meet federal and/or SAE requirements.

(4) Wire headlights to meet the following:

(a) When headlights are turned on the taillights, clearance lights and marker lights will be illuminated;

(b) When vehicle is parked, the headlights can be turned off but permits parking lights to be turned on; and

(5) Mount headlights meeting the following:

(a) Securely, at the front on a rigid part of the vehicle other than window glazing;

(b) As far apart and symmetrically about the vertical center line of the vehicle per FMVSS and SAE requirements;

(d) Mount headlights not less than 22 inches nor more than 54 inches high.

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010, 816.040, 816.050 & 816.060
Statutes/Other Implemented: ORS 816.010, 816.050, 816.060, 816.070 & 816.230
DMV 3-1997, f. & cert. ef. 1-21-97
MV 22-1986, f. & ef. 12-16-86, Renumbered from 735-080-0020
MV 9-1979, f. & ef. 11-9-79
DMV 27-2024, amend filed 08/06/2024, effective 08/06/2024
DMV 21-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024
DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 4-2011, f. & cert. ef. 3-16-11
DMV 29-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08
MV 20-1991, f. 9-18-91, cert. ef. 9-29-91
MV 38-1989, f. & cert. ef. 10-3-89
MV 30-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-110-0810
MV 11-1985, f. 9-19-85, ef. 9-20-85

Or. Admin. R. 735-108-0020 Bus Safety Warning Lights

(1) Transportation Safety adopts SAE Standard J887, School Bus Warning Lamps, August 1987 Edition.

(2) For purposes of this rule, school bus warning lamps in compliance with SAE Standard J887 constitutes “bus safety lights” for purposes of ORS 811.515, 816.260, and 816.350.

(3) Bus Safety Lights shall be identified by the code “W2” in accordance with SAE Standard J759, Lighting Identification Code.

(4) School bus warning lamp types and use also are subject to requirements and specifications established by the Oregon Department of Education.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040
Statutes/Other Implemented: ORS 816.010 & 816.260
DMV 3-1997, f. & cert. ef. 1-21-97
MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0020
DMV 7-2013, f. & cert. ef. 5-23-13
MV 7-1985, f. 6-14-85, ef. 6-16-85, Renumbered from 735-071-0092

Or. Admin. R. 735-108-0030 360-Degree Warning Lights

(1) Transportation Safety adopts SAE Standard J845, 360 Degree Warning Lamp for Authorized Emergency, Maintenance and Service Vehicles, January 1984 Edition.

(2) For purposes of this rule, a 360-degree warning lamp in compliance with SAE Standard J845 constitutes:

(a) “Police lights” for purposes of ORS 816.250 and 816.350;

(b) “Mail deliver lights” for purposes of ORS 811.515, 816.270, and 816.350;

(d) “Ambulance warning lights” for purposes of ORS 820.350;

(e) “Public Vehicle warning lights” for purposes of ORS 816.280 and 816.350;

(f) “Tow vehicle warning lights” for purposes of ORS 816.280 and 816.350; and

(g) “Weighmaster and motor carrier enforcement officer warning lights” for purposes of ORS 816.280 and 816.350.

(3) 360-degree warning lamps shall be identified by the code “W” in accordance with SAE Standard J759, Lighting Identification Code.

(4) Ambulance warning light types and use also are subject to requirements and specifications established by the Oregon Health Division.

(5) School bus warning lamp types and use also are subject to requirements and specifications established by the Oregon Department of Education.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040
Statutes/Other Implemented: ORS 811.515, 816.010 & 816.250 - 816.285
DMV 3-1997, f. & cert. ef. 1-21-97
MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0030

Or. Admin. R. 735-108-0040 Flashing Warning Lights

(1) Transportation Safety adopts SAE Standard J595, Flashing Warning Lamps for Authorized Emergency, Maintenance and Service Vehicles, January 1990 Edition.

(2) For purposes of this rule, a flashing warning lamp in compliance with SAE Standard J595 constitutes:

(a) “Police lights” for purposes of ORS 816.250 and 816.350;

(b) “Mail delivery lights” for purposes of ORS 811.515, 816.270, and 816.350;

(d) “Ambulance warning lights” for purposes of ORS 820.350;

(e) “Public vehicle warning lights” for purposes of ORS 816.280;

(f) “Tow vehicle warning lights” for purposes of ORS 816.280 and 816.350; and

(g) “Weighmaster and motor carrier enforcement officer warning lights” for purposes of ORS 816.280 and 816.350.

(3) Flashing warning lamps shall be identified by the code “W” in accordance with SAE Standard J759, Lighting Identification Code.

(4) Ambulance warning lamp types and use also are subject to requirements and specifications established by the Oregon Health Division.

(5) School bus warning lamp types and use also are subject to requirements and specifications established by the Oregon Department of Education.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040
Statutes/Other Implemented: ORS 811.515, 816.010 & 816.250 - 816.285
DMV 3-1997, f. & cert. ef. 1-21-97
MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0040

Or. Admin. R. 735-108-0045 Gaseous Discharge Warning Lights

(1) Transportation Safety adopts SAE Standard J1318, Gaseous Discharge Warning Lamp For Authorized Emergency, Maintenance and Service Vehicles, April 1986 Edition. Gaseous discharge warning lamps are often referred to as “strobe” lights.

(2) For purposes of this rule, a gaseous discharge warning lamp in compliance with SAE Standard J1318 constitutes:

(a) “Police lights” for purposes of ORS 816.250 and 816.350;

(b) “Mail delivery lights” for purposes of ORS 811.515, 816.270, and 816.350;

(d) “Ambulance warning lights” for purposes of ORS 820.350.

(3) Gaseous discharge warning lamps shall be identified by the following codes in accordance with SAE Standard J579, Lighting Identification Codes, and SAE Standard J1318:

(a) For 360-degree warning lamps, the identification codes are:

(A) W5-1. Class 1 primary warning lamps for use on authorized emergency vehicles responding to emergency situations;

(B) W5-2. Class 2 primary warning lamps for use on authorized maintenance and service vehicles;

(b) For directional warning lamps the identification code is W5.

(4) Ambulance warning lamp types and use also are subject to requirements and specifications established by the Oregon Health Division.

(5) School bus warning lamp types and use also are subject to requirements and specifications established by the Oregon Department of Education.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040
Statutes/Other Implemented: ORS 811.515, 816.010 & 816.250 - 816.285
DMV 3-1997, f. & cert. ef. 1-21-97
MV 5-1991, f. & cert. ef. 6-18-91

Or. Admin. R. 735-108-0050 Spot Lights

(1) Transportation Safety adopts SAE Standard J591, Spot Lamps, May 1989 Edition.

(2) For purposes of this rule, spot lamps in compliance with SAE Standard J591 constitutes “spot lights” for purposes of ORS 811.515, 816.170, and 816.350.

(3) A spot lamp provides a substantially parallel beam of light which can be aimed in any direction by the user.

(4) The beam pattern shall be well defined and round or oval in shape.

(5) Spot lamps shall be identified by the code “O” in accordance with SAE Standard J579, Lighting Identification Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010, 816.040 & 816.170
Statutes/Other Implemented: ORS 811.515, 816.010 & 816.170
DMV 3-1997, f. & cert. ef. 1-21-97
MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-080-0090
MV 63, f. 10-14-75,ef. 11-11-75

Or. Admin. R. 735-108-0060 Auxiliary Driving Lamps for Motor Vehicles

(1) Transportation Safety adopts SAE Standard J581, Auxiliary Driving lamps, June 1989 Edition.

(2) For purposes of this rule, auxiliary driving lamps in compliance with SAE Standard J581 constitutes “passing lights” for purposes of ORS 811.515 and 816.070.

(3) Auxiliary driving lamps supplement the upper beam of a standard headlamp system.

(4) Auxiliary driving lamps shall be identified by the code “Y” in accordance with SAE Standard J759, Lighting Identification Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 816.010, 816.040 & 816.060
Statutes/Other Implemented: ORS 811.515, 816.010 & 816.060
DMV 3-1997, f. & cert. ef. 1-21-97
MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0060

Or. Admin. R. 735-108-0065 Mounting, Wiring and Aiming of Auxiliary Driving Lamps for Motor Vehicles

(1) Transportation Safety adopts the mounting requirements for motor vehicle auxiliary driving lamps as follows:

(a) If one lamp is installed, mount the lamp on the left front side of the motor vehicle;

(b) If two lamps are installed, mount the lamps symmetrically around the front centerline of the motor vehicle;

(d) Measure mounting height from ground level to the center of the lens of the lamp;

(e) Do not mount the lamps so they interfere with required motor vehicle lighting; and

(f) Do not mount the lamps higher than the motor vehicle headlight system.

(2) Transportation Safety adopts the wiring requirements for motor vehicle auxiliary driving lamps as follows:

(a) Auxiliary driving lamps shall be wired so they can only come on when the motor vehicle high beam headlights are on; and

(b) A switch shall be installed so the auxiliary driving lamps can be turned off or on leaving the height beam of the headlights on; and

(c) A steady burning indicator light shall be wired so it comes on when the front fog lamps are turned on and mounted in a location it is readily visible to the driver.

(3) Transportation Safety adopts the aiming requirements for motor vehicle auxiliary driving lamps as follows:

(a) Adjust lamps to a setting of 0-0 when using a mechanical aimer; or

(b) When using a visual aiming screen, aim the center of the high intensity beam straight ahead of the vertical and horizontal axis at a distance of 25 feet (7.6 m) from the lens.

History

Statutory/Other Authority: ORS 184.616 & 816.060
Statutes/Other Implemented: ORS 816.060
DMV 3-1997, f. & cert. ef. 1-21-97

Or. Admin. R. 735-108-0070 Fog Lamps for Motor Vehicles and Trailers

(1) Transportation Safety adopts SAE Standard J583_201609, Front Fog Lamps, Revised 2016-09-21:

(a) For purposes of this rule, front fog lamps in compliance with SAE Standard J583_201609 constitute “fog lights” for purposes of ORS 811.515 and 816.230;

(b) Front fog lamps supplement the lower beam of a standard headlamp system used on motor vehicles during limited visibility conditions of rain, snow, dust or fog; and

(c) Front fog lamps shall be identified by the code “F” in accordance with SAE Standard J759_201609, Light Identification Code.

(2) Transportation Safety adopts SAE Standard J1319_201510, Fog Tail Lamp (Rear Fog Light) Systems, Revised 2015-10-28.

(a) For purposes of this rule, fog tail lamp (rear fog light) systems in compliance with SAE Standard J1319_201510 constitutes “fog lights” for purposes of ORS 811.515 and 816.230;

(b) Rear fog lights provide a steady burning red light of higher intensity than standard tail lights on a vehicle and are only used during limited visibility conditions of rain, dust, snow or fog; and

(c) Rear fog lights shall be identified by the code “F2” in accordance with SAE Standard J759_201702, Revised 2017-12-20, Lighting Identification Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040
Statutes/Other Implemented: ORS 816.010 & 816.230
DMV 4-2020, amend filed 04/03/2020, effective 04/03/2020
DMV 3-1997, f. & cert. ef. 1-21-97
MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0070

Or. Admin. R. 735-108-0073 Mounting, Wiring and Aiming of Front Fog Lamps for Motor Vehicles

(1) Transportation Safety adopts the mounting requirements for front fog lamps as follows:

(a) If one lamp is installed, mount the lamp on the left side of the motor vehicle;

(b) If two lamps are installed, mount the lamps symmetrically around the front centerline of the motor vehicle;

(d) Measure the mounting height from ground level to the center of the lens of the lamp;

(e) Do not mount the lamps so they interfere with required motor vehicle lighting; and

(f) Do not mount the lamps higher than the motor vehicle headlight system.

(2) Transportation Safety adopts the wiring requirements for motor vehicle front fog lamps as follows:

(a) Front fog lamps shall be wired so they can only come on when the motor vehicle low beam headlights are on; and

(b) A switch shall be installed so front fog lamps can be turned off or on leaving the low beam of the headlights on; and

(c) A steady burning indicator light shall be wired so it comes on when the front fog lamps are turned on and mounted in a location it is readily visible to the driver.

(3) Transportation Safety adopts the aiming requirements for motor vehicle front fog lamps as follows:

(a) Adjust lamps to a setting of 0-0 when using a mechanical aimer; or

(b) When using a visual aiming screen, the beam is to be centered laterally about the vertical axis and aim the top of the beam 4 inches (100 mm) below horizontal axis at a distance of 25 feet (7.6 m) from the lens.

History

Statutory/Other Authority: ORS 184.616 & 816.230
Statutes/Other Implemented: ORS 816.230
DMV 3-1997, f. & cert. ef. 1-21-97

Or. Admin. R. 735-108-0076 Mounting, Wiring and Aiming of Rear Fog Lamps for Motor Vehicles and Trailers

(1) Transportation Safety adopts the mounting requirements for rear fog lamps as follows:

(a) If one lamp is installed, mount the lamp on the left side of the motor vehicle;

(b) If two lamps are installed, mount the lamps symmetrically around the rear centerline of the motor vehicle;

(d) Measure the mounting height from ground level to the center of the lens of the lamp; and

(e) Do not mount the lamps so they interfere with required motor vehicle lighting.

(2) Transportation Safety adopts the wiring requirements for motor vehicle rear fog lamps as follows:

(a) Rear fog lamps shall be wired so they can only come on when the motor vehicle low beam headlights are on;

(b) A switch shall be installed so rear fog lamps can be turned off or on leaving the low beam of the headlights on; and

(c) A steady burning indicator light shall be wired so it comes on when the rear fog lamps are turned on and mounted in a location it is readily visible to the driver.

(3) Transportation Safety adopts the aiming requirement for motor vehicle rear fog lamp through a horizontal angle from 45 degrees to the left and right of the center of the lamp.

History

Statutory/Other Authority: ORS 184.616 & 816.230
Statutes/Other Implemented: ORS 816.230
DMV 3-1997, f. & cert. ef. 1-21-97

Or. Admin. R. 735-108-0080 Auxiliary Low Beam Lamps for Motor Vehicles

(1) Transportation Safety adopts SAE Standard J582, Auxiliary Low Beam Lamps, September 1984 Edition.

(2) For purposes of this rule, auxiliary low beam lamps in compliance with SAE Standard J582 constitutes “auxiliary lights” for the purposes of ORS 811.515 and 816.060.

(3) Auxiliary low beam lamps supplement the low beam of a standard headlamp system.

(4) Auxiliary low beam lamps shall be identified by the code “Z” in accordance with SAE Standard J759, Lighting Identification Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040
Statutes/Other Implemented: ORS 811.515, 816.010 & 816.060
DMV 3-1997, f. & cert. ef. 1-21-97
MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0080

Or. Admin. R. 735-108-0085 Mounting, Wiring and Aiming of Auxiliary Low Beam Lamps for Motor Vehicles

(1) Transportation Safety adopts the mounting requirements for auxiliary low beam lamps as follows:

(a) If one lamp is installed, mount the lamp on the left side of the motor vehicle;

(b) If two lamps are installed, mount the lamps symmetrically around the front centerline of the motor vehicle;

(d) Measure the mounting height from ground level to the center of the lens of the lamp;

(e) Do not mount the lamps so they interfere with required motor vehicle lighting; and

(f) Do not mount the lamps higher than the motor vehicle headlight system.

(2) Transportation Safety adopts the wiring requirements for motor vehicle auxiliary low beam lamps as follows:

(a) Auxiliary low beam lamps shall be wired so they can only come on when the motor vehicle low beam headlights are on;

(b) A switch shall be installed so lamps can be turned off when only use of the low beam of the headlight system is required or when high beam of the headlight light system is being used; and

(c) A steady burning indicator lights shall be wired so it comes on when the auxiliary low beam lamps are on and mounted in a location it is readily visible to the driver.

(3) Transportation Safety adopts the aiming requirements for motor vehicle front fog lamps as follows:

(a) Adjust lamps to a setting of 0-0 when using a mechanical aimer; or

(b) When using a visual aiming screen, the lamp or lamps shall be aimed with:

(A) The left edge of the high intensity zone of the beam one inch (25 mm) above horizontal at a distance of 25 feet (7.6 mm) from the lens; and

(B) The top edge of the high intensity zone of the beam five inches (130 mm) left of vertical at a distance of 25 feet (7.6 mm) from the lens.

History

Statutory/Other Authority: ORS 184.616 & 816.060
Statutes/Other Implemented: ORS 816.060
DMV 3-1997, f. & cert. ef. 1-21-97

Or. Admin. R. 735-108-0090 Lamps, Reflective Devices and Associated Equipment for Motorcycles and Mopeds

(1) Transportation Safety adopts FMVSS Number 108, Lamps, Reflective Devices and Associated Equipment, in regard to such equipment and devices required for usage on motorcycles and mopeds, as found in the Code of Federal Regulations, Title 49, Part 571, October 1994 Edition.

(2) FMVSS 108 specifies requirements for the following original and replacement lamps, reflective devices and associated equipment:

(a) Headlamps;

(b) Taillamps;

(d) License plate lamp;

(e) Reflex reflectors; and

(f) Turn signal lamps, turn signal operating unit and turn signal flasher unit.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010, 816.040 & 816.050.Stats. Imp.: ORS 814.320, 816.010 & 816.050
DMV 3-1997, f. & cert. ef. 1-21-97
MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0090

Or. Admin. R. 735-108-0100 Motorcycle Auxiliary Front Lamps

(1) Transportation Safety adopts SAE Standard J1306, Motorcycle Auxiliary Front Lamps, June 1989 Edition.

(2) For purposes of this rule, motorcycle auxiliary front lamps in compliance with SAE Standard J1306 constitutes “auxiliary lights” for purposes of ORS 811.515 and 816.060.

(3) Motorcycle auxiliary front lamps supplement either the lower or upper beam of a standard motorcycle headlamp system.

(4) Motorcycle auxiliary front lamps shall be identified by the code “C” in accordance with SAE Standard J759, Lighting Identification Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010, 816.040 & 816.060
Statutes/Other Implemented: ORS 816.060
DMV 3-1997, f. & cert. ef. 1-21-97

Or. Admin. R. 735-108-0110 Mounting, Wiring and Aiming of Motorcycle Auxiliary Front Lamps

(1) Transportation Safety adopts the mounting requirements for motorcycle auxiliary front lamps as follows:

(a) If one lamp is installed, mount the lamp on the left front side of the motorcycle;

(b) If two lamps are installed, mount the lamps symmetrically around the front centerline of the motorcycle;

(d) Measure mounting height from ground level to the center of the lens of the lamp; and

(e) Do not mount the lamps higher than the motorcycle headlight.

(2) Transportation Safety adopts the wiring requirements for motorcycle auxiliary front lamps as follows:

(a) The lamp shall be wired so it comes on with the motorcycle headlight;

(b) The lamp may be wired so it is on with either the low or high beam of the motorcycle headlight;

(c) A switch shall be installed so the lamp can be turned off when only use of the low beam of the headlight is required; and

(d) A steady burning indicator light shall be wired and mounted in a location it is readily visible to the driver and be on when the motorcycle auxiliary front lamps are is use.

(3) Transportation Safety adopts the aiming requirements for motorcycle auxiliary front lamps as follows:

(a) Adjust lamps to a setting of 0-0 when using a mechanical aimer; or

(b) When using a visual aiming screen, the lamp or lamps shall be aimed with:

(A) The left edge of the high intensity zone of the beam at a vertical line straight ahead of the lamp center; and

(B) The top edge of the high intensity zone at the level of the lamp center at a distance of 25 feet (7.6 m) from the lens.

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010, 816.040 & 816.060
Statutes/Other Implemented: ORS 816.060
DMV 3-1997, f. & cert. ef. 1-21-97

Or. Admin. R. 735-108-0120 Lamps, Reflective Devices and Associated Equipment for Use on Trailers

(1) Transportation Safety adopts FMVSS Number 108, Lamps, Reflective Devices and Associated Equipment, in regard to such equipment and devices used on trailers. This standard is as found in the Code of Federal Regulations, Title 49, Part 571, 1995 Edition, available from Transportation Safety.

(2) FMVSS 108 specifies requirements for the following original and replacement lamps, reflective devices and associated equipment for motor vehicles:

(a) Taillamps;

(b) Stoplamps;

(d) License-plate lamp;

(e) Parking lamps;

(f) Reflex reflectors;

(g) Intermediate side reflex reflectors;

(h) Intermediate side marker lamps;

(i) Identification lamps;

(j) Clearance lamps;

(k) Side-marker lamps;

(l) Backup lamps;

(m) Turn signal lamps, turn signal operating unit, and turn signal flasher unit;

(n) Vehicular hazard warning signal operation unit and flasher unit; and

(o) Retroreflective sheeting.

History

Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040
Statutes/Other Implemented: ORS 816.010
DMV 3-1997, f. & cert. ef. 1-21-97

Division 110 HORNS/SIRENS/SOUND DEVICES

Or. Admin. R. 735-110-0000 Definitions Relevant to Sirens

The following definitions shall apply regarding rules and standards for sirens for ambulances and emergency vehicles:

(1) “AAMVA” means the American Association of Motor Vehicle Administrators, 1201 Connecticut Avenue N.W., Suite 910, Washington D.C. 20036.

(2) “ANS” means a standard adopted by the American National Standards Institute, Inc., 1430 Broadway, New York, N.Y. 10018.

(3) “Ambulance” means any privately or publicly owned motor vehicle that is regularly provided or offered to be provided for the emergency transportation of persons suffering from illness, injury or disability.

(4) “CAC Title 13, Article 8” means recognized standards for sirens, compiled by the State of California. (Effective 10/31/81)

(5) “Electromechanical Siren” means a siren with a stator and rotor driven by an electric motor.

(6) “Electronic Siren” means a siren with an oscillator, amplifier and speaker.

(7) “Emergency Vehicle” means a vehicle that is equipped with lights and sirens as required under ORS 815.230, 816.310, 820.350, and 820.370 and that is any of the following:

(a) Operated by public police, fire or airport security agencies;

(b) Designated as an emergency vehicle by a federal agency; or

(8) “Hi-Lo” means a nonsiren sound, as defined in this rule.

(9) “Manual” means a siren control that allows the operator to produce a wailing sound by alternately applying and releasing a momentary contact switch.

(10) “Mechanical Siren” means a siren with a stator and rotor driven by a mechanical connection to a moving part of the vehicle or engine.

(11) “Nonsiren Sound” means an audible device, such as a vehicle theft alarm, that produces:

(a) An unvarying sound;

(b) A varying sound that cycles at a rate faster than 400 cycles per minute; or

(12) “SAE” means a standard or recommended practice of the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096.

(13) “Siren” means a warning device that produces the audible sound readily identified with emergency vehicles.

(14) “Transportation Safety” means the Transportation Safety Office of the Department of Transportation.

(15) “Wail” means a siren sound that is a slow, continuous automatic cycling of increasing and decreasing frequencies and sound levels.

(16) “Yelp” means a siren sound producing a rapid continuous automatic cycling of increasing and decreasing frequencies and sound levels.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.619, 815.030 & 820.370
Statutes/Other Implemented: ORS 815.030, 815.225 - 815.230 & 820.350 - 820.370
DMV 45-2021, minor correction filed 12/08/2021, effective 12/08/2021
MV 10-1987, f. & ef. 9-1-87, Renumbered from 735-080-0055
MV 63, f. 10-14-75, ef. 11-11-75

Or. Admin. R. 735-110-0010 Siren Standards

(1) Siren rules shall apply to sirens as required on authorized emergency vehicles in accordance with ORS 801.260, 815.230, 820.370, and 820.380.

(2) Sirens that meet requirements of standards in CAC Title 13, Article 8, with included ANS and SAE items shall be acceptable for use on ambulances and emergency vehicles.

(3) Sirens may contain the “nonsiren” “Hi-Lo” function, however, this function shall not be used instead of other siren functions or warning sounds.

(4) Ambulances regulated by the Health Services are also subject to siren requirements of that agency. This includes, but is not limited to, the federal specification for the “Star-of-Life Ambulance,” KKK-A-1822B, Part 3.14.6, dated June 1, 1985.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030 & 820.370
Statutes/Other Implemented: ORS 815.030, 815.225 - 815.230 & 820.350 - 820.370
MV 10-1987, f. & ef. 9-1-87, Renumbered from 735-080-0050
MV 63, f. 10-14-75, ef. 11-11-75
DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019
DMV 6-2002, f. & cert. ef. 3-14-02
DMV 6-1996, f. & cert. ef. 8-15-96
MV 38-1989, f. & cert. ef 10-3-89
MV 30-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-110-0840
MV 11-1985, f. 9-19-85, ef. 9-20-85

Or. Admin. R. 735-110-0020 Approval of Sirens

(1) Sirens that meet requirements of standards in CAC Title 13, Article 8, with included ANS and SAE items are acceptable for use on ambulances and emergency vehicles.

(2) Manufacturer methods for verifying siren approval by the Transportation Safety shall be:

(a) A Notice of Equipment Compliance issued by the American Association of Motor Vehicle Administrators (AAMVA). This shall constitute Transportation Safety approval, provided:

(A) The siren is tested to comply with standards adopted by Transportation Safety; and

(B) The Notice of Equipment Compliance is on file with Transportation Safety.

(b) A certificate of approval issued by Transportation Safety.

(3) To request issuance of a certificate of approval by Transportation Safety, a manufacturer shall submit:

(a) A written request; and

(b) A test report from a testing laboratory that shows the siren complies with standards adopted by Transportation Safety.

(4) Testing to Transportation Safety standards shall not preclude testing to more stringent standards.

(5) A certificate of approval issued by Transportation Safety shall show an expiration date. This shall be five years from the date of issuance, except when approval is for a shorter, limited term.

(6) A new test report and a request for renewal of Transportation Safety’s approval certificate shall be submitted if continued sale of the siren is desired. The report and request must be submitted at least one month and not more than six months prior to the expiration date.

(7) The manufacturer shall notify Transportation Safety of any changes in identification markings, or of modifications or changes in design, mechanical construction or function that may affect the performance of an approved siren. Tests or testing results of the modified device may be required at the discretion of Transportation Safety.

(8) Even though an AAMVA compliance notice or a Transportation Safety approval certificate has expired, a siren owner may:

(a) Continue to use a siren installed on a vehicle prior to the expiration date;

(b) Transfer a siren between owned vehicles; or

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.010, 815.030 & 820.370
Statutes/Other Implemented: ORS 815.030, 815.225 - 815.230 & 820.350 - 820.370
MV 10-1987, f. & ef. 9-1-87, Renumbered from 735-165-0020
MV 63, f. 10-14-75, ef. 11-11-75

Or. Admin. R. 735-110-0030 Identification Markings for Sirens

(1) Sirens and components shall be marked as specified in Part 1023 of CAC Title 13, Article 8.

(2) Markings shall include the manufacturer’s or vendor’s name, initials or lettered trademark, and a model designation.

(3) Markings shall be permanently imprinted into, upon, or attached, in letters and numbers at least 1/8 inch in height.

(4) Markings, with the exception of those on a speaker driver or on speakers within warning lamp housings, shall be in a location so as to be legible when the siren is installed on a vehicle.

(5) Markings shall be on:

(a) Each siren; and

(b) Each major component of an electronic siren, including the speaker, speaker driver, amplifier, and control panel (if separate from the amplifier).

(6) Speaker drivers for electronic sirens shall also be marked to include the rms wattage.

(7) Electronic siren controls shall be marked to indicate each siren function by the words “Manual,”“Wail,”and “Yelp” spelled out or abbreviated. The marking “Hi-Lo” may remain on the control panel, even though this function may have been removed, made inoperable or is not used.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 815.230 & 820.370
Statutes/Other Implemented: ORS 815.030, 815.225 - 815.230 & 820.350 - 820.370
MV 10-1987, f. & ef. 9-1-87, Renumbered from 735-080-0065
MV 63, f. 10-14-75, ef. 11-11-75

Or. Admin. R. 735-110-0040 Siren Test Procedures and Performance Requirements

Siren testing procedures and performance requirements shall be to the specifications of CAC Title 13, Article 8, including:

(1) Test Data;

(2) Identification Markings;

(3) Instrumentation for Testing;

(4) Testing Sites;

(5) Microphone and Personnel Stations (locations);

(6) Siren Test Procedures; and

(7) Performance Requirements, with the exception that sirens may contain the “Hi-Lo” function, but not for use in lieu of other siren functions or warning sounds.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 815.230 & 820.370
Statutes/Other Implemented: ORS 815.030, 815.225 - 815.230 & 820.350 - 820.370
MV 10-1987, f. & ef. 9-1-87, Renumbered from 735-165-0040

Or. Admin. R. 735-110-0050 Siren Mounting

(1) Installation of sirens and speakers on authorized emergency vehicles shall be as follows:

(a) Class A electromechanical and mechanical sirens shall be mounted outside of the vehicle or, between the grille and radiator, or under the hood;

(b) Class B electromechanical and mechanical sirens shall be mounted outside of the vehicle, or between the grille and the radiator;

(c) Class A and B electronic sirens shall be mounted outside of the vehicle or with the horn opening facing forward ahead of the radiator with a relatively open path for the sound to project forward. The horn axis shall be parallel to the vehicle centerline;

(d) Dual speakers for electronic sirens shall be connected in phase and mounted so that the speaker axis is parallel to the vehicle centerline or angled outward not more than ten degrees to the sides;

(e) Electronic siren speakers may be mounted facing forward behind a speaker grille in a lightbar.

(2) Ambulances regulated by the Health Services are also subject to requirements of that agency. This includes the requirements for a Siren-Public Address System, Part 3.14.6 of KKK-A-1822B, the federal specifications for the “Star-of-Life Ambulance.”

(3) Mechanical motorcycle sirens that do not operate when the vehicle is stationary shall not be installed on motorcycles manufactured after January 1, 1981.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 815.030, 815.230, 815.370 & 820.380
Statutes/Other Implemented: ORS 815.030, 815.225 - 815.230 & 820.350 - 820.370
MV 10-1987, f. & ef. 9-1-87, Renumbered from 735-080-0080
MV 63, f. 10-14-75, ef. 11-11-75
DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024
DMV 29-2020, amend filed 09/29/2020, effective 01/01/2021
DMV 23-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-1996, f. & cert. ef. 8-15-96

Division 112 COUPLING DEVICES/HITCHES

Or. Admin. R. 735-112-0000 Vehicle Coupling Devices, Hitches and Safety Chains

The Transportation Safety Office of the Department of Transportation adopts the Society of Automotive Engineers Standard, Number SAE J684f, relating to Automotive Type Trailer Coupling Devices, Hitches and Safety Chains.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.619, 818.150, 818.160 & 818.170
Statutes/Other Implemented: ORS 815.150
DMV 46-2021, minor correction filed 12/08/2021, effective 12/08/2021
Renumbered from 735-080-0195, MV 9-1986, f. & ef. 6-20-86
MV 4-1979, f. & ef. 10-18-79

Division 114 WARNING DEVICES

Or. Admin. R. 735-114-0000 Red Emergency Reflective Warning Devices

The Transportation Safety Office of the Department of Transportation adopts Federal Motor Vehicle Safety Standard (FMVSS) Number 125, Warning Devices, in regard to red emergency reflective warning devices (triangles), intended for use as roadside warning devices for stopped or disabled vehicles. This standard is as found in the Code of Federal Regulations, Title 49, Part 571.

History

Statutory/Other Authority: ORS 184.619, 815.030 & 815.035
Statutes/Other Implemented: ORS 815.070
DMV 47-2021, minor correction filed 12/08/2021, effective 12/08/2021
MV 9-1986, f. & ef. 6-20-86

Or. Admin. R. 735-114-0010 Warning Devices for Stopped or Disabled Vehicles

(1) The Transportation Safety Office of the Department of Transportation adopts federal safety regulations relating to devices that warn approaching traffic of a stopped or disabled vehicle. The devices, including vehicle hazard warning lights, and roadside vehicle warning devices, shall be used and placed as described in the Code of Federal Regulations, Title 49, Number 392.22.

(2) The type of roadside vehicle warning devices used shall be as described in the Code of Federal Regulations, Title 49, Number 393.95(4)(f) through 393.95(k). Bi-directional emergency reflective triangles shall be of the type covered by Federal Motor Vehicle Safety Standard (FMVSS) Number 125, Warning Devices.

(3) Vehicles subject to this rule are listed in ORS 811.530(2). School buses and school activity vehicles are also subject to rules and requirements of the Oregon Department of Education related to use of these devices, the types that must be used, and their storage in vehicles.

History

Statutory/Other Authority: ORS 184.619, 811.530, 815.035 & 815.285
Statutes/Other Implemented: ORS 815.070
DMV 48-2021, minor correction filed 12/08/2021, effective 12/08/2021
Renumbered from 735-080-0008, MV 9-1986, f. & ef. 6-20-86
MV 22-1983, f. 12-30-83, ef. 1-1-84
MV 13-1983(Temp), f. 10-14-83, ef. 10-15-83

Or. Admin. R. 735-114-0020 Slow-Moving Vehicle Emblems

The Transportation Safety Office of the Department of Transportation adopts the American Society of Agriculture Engineers (ASAE) Standard, number ASAE S276.3 — Slow-Moving Vehicle Identification Emblem, (SMV) and ASAE Recommendation, number ASAE R276, Emblem for Identifying Slow-Moving Vehicles, with the following modifications and additions:

(1) Body of Emblem, Material, and Surface: The background materials as listed in and prepared per ASAE S276.3 and ASAE R276 may be used as a background for SMV Emblems. In addition, any other rustproof and waterproof material of sufficient thickness to assure a permanent flat surface and allow permanent adhesion of pressure-sensitive materials may be used. Fiberglass, plastic, or medium density overlaid plywood are examples of the additional materials acceptable for use for the background of emblems.

(2) Mounting:

(a) Location — The SMV Emblem shall be mounted point upward, 3 to 5 feet above the ground, on the center rear of vehicle or as near left center as possible.

(b) Types of Mounting:

(A) The portable method of mounting with a tapered metal blade attached to the back of the SMV Emblem as described in R276 5.2.1.

(B) The SMV Emblem attached to or manufactured with a proper background material, may be directly attached to a flat surface of the slow-moving vehicle, with bolts or screws.

(3) Additional Requirements:

(a) Whenever a combination of vehicles is being operated, and the SMV Emblem on the front or towing vehicle is obscured by other vehicle(s) in the combination, an additional emblem shall be displayed on the rearmost vehicle of the combination.

(b) The orange fluorescent pressure-sensitive material in the center of the SMV Emblem shall be replaced when it is no longer visible in normal sunlight for a distance of 500 feet. The red reflective pressure sensitive material on the border of the SMV Emblem shall be replaced when it is no longer visible at night from a distance of 500 feet when illuminated by the lower beam of motor vehicle headlights.

(c) The SMV Emblem shall be used on horse drawn vehicles as well as all other vehicles designed for speeds of less than 25 miles per hour, including those vehicles described in ORS 815.110, when the vehicles are operated on a highway as defined in ORS 801.305.

(d) The SMV Emblem shall be maintained in a clean condition.

(e) The SMV Emblem does not replace vehicle lighting and/or warning flags as required by Oregon Law.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.619 & 815.060
Statutes/Other Implemented: ORS 815.060
DMV 49-2021, minor correction filed 12/08/2021, effective 12/08/2021
Renumbered from 735-041-0005, MV 12-1986, f. & ef. 8-22-86

Division 120 DEFINITIONS/RIGHTS OF TRANSPORTATION SAFETY

Or. Admin. R. 735-120-0000 Rights of Transportation Safety

(1) The purpose of this Safety Code is to prescribe minimum standards for the safe transportation of workmen to and from their place of employment as set forth in ORS 820.010 to 820.070.

(2) All standards in this Code are minimum. They can be made more stringent if necessary to protect the life and safety of persons.

(3) All owners of motor vehicles used to transport workmen, or their duly appointed agents, and drivers of such vehicles shall abide by all safety orders issued to them by the Transportation Safety Office of the Department of Transportation (Transportation Safety), the Department of Consumer and Business Services, or by their duly authorized representatives.

(4) In exceptional cases where the rigid application or compliance with a standard can only be accomplished to the detriment and serious disadvantage of an operation, exception to the standard will be considered upon written application to Transportation Safety. After thorough investigation, an exception may be granted or another rule applied or devised.

(5) Any person or party aggrieved by an order issued under the provisions of this Code may apply to Transportation Safety for a rehearing. Such application shall be made in accordance with the provisions of ORS 183.480, and shall set forth in full detail the grounds upon which the applicant considers the order unjust.

(6) It is recognized that a definite, positive Safety Code cannot anticipate all contingencies. Transportation Safety, after due notice and opportunity to be heard, may require additional standards to insure adequate safety and upon its own motion, or upon application of any owner, or his duly appointed agent, may modify any provision of this Code.

(7) The right of inspection and examination of worker transportation vehicles at any reasonable time is reserved by Transportation Safety or its duly appointed representative.

(8) Terms used in this Code other than those specifically defined shall be interpreted in the most commonly accepted sense.

(9) Roadway is defined as any public street or roadway when referred to in this Code.

History

Statutory/Other Authority: ORS 184.619, 820.010 & 820.070
Statutes/Other Implemented: ORS 820.010 - 820.030
DMV 51-2021, minor correction filed 12/08/2021, effective 12/08/2021
MV 60, f. 10-14-75, ef. 11-11-75, Renumbered from 735-081-0000
MV 57, f. 7-19-74, cert. ef. 8-11-74
MV 49(Temp), f. & cert. ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-120-0010 Definitions

The following definitions shall be used for the purpose of this Code:

(1) “Class ‘A’ vehicle”: A vehicle of the bus type designed to carry 12 or more workers; or of the “work crew” type especially built or accommodated for carrying passengers.

(2) “Class ‘B’ vehicle”: A vehicle especially built or accommodated for transporting work crews in compartments separate from space used to transport supplies, tools, and equipment such as vehicles commonly used by public utilities.

(3) “Class ‘C’ vehicle”: A vehicle of the flatbed, pickup body, or dump truck body type, or of similar open body construction.

(4) “Class ‘D’ vehicle”: A vehicle of the passenger car or station wagon type.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0010
MV 49(Temp), f. & cert. ef. 7-11-73 thru 11-8-73

Division 122 INSPECTION/TESTING/REPAIRS

Or. Admin. R. 735-122-0000 Inspection, Testing, and Repairs

(1) All vehicles shall be kept in good repair and safe operating condition at all times. Vehicles with defective gears, tires, steering equipment, or foot and emergency brakes shall not be used to transport workers.

(2) Inspection or testing of all parts vital to the safe operation of vehicles such as brakes, steering gear, tires, lights, and signaling devices shall be made at the beginning of each shift or each day, and as often as necessary during use. Any condition found then or at any other time which will prevent the safe operation of the vehicle shall be corrected before the vehicle is used.

(3) The requirements of this Safety Code become law after the effective date; therefore the owner or operator of any vehicle used to transport workers must comply with these requirements the same as he is required to comply with any other motor vehicle law. Violations of this Code should be reported to Transportation Safety or authorized representative.

(4) Compartments for workers shall be kept in a clean and sanitary condition and workers shall assist in maintaining such conditions.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.050
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0060
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Division 124 CONSTRUCTION OF VEHICLES

Or. Admin. R. 735-124-0000 Use of Trailer Prohibited

The use of a trailer for transporting workers except a bus trailer attached to a truck tractor by means of a fifth-wheel mounting is prohibited.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0012
MV 49(Temp), f. & cert. ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0010 School Bus Identification Removal

Whenever a school bus is used in any service other than the actual transportation of children to and from school or authorized activities, the word “school bus” shall be covered or concealed.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0014
MV 49(Temp), f. & cert. ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0020 Flashing Warning Lights

Buses having a seating capacity of 12 passengers or more which are used to pick up and discharge worker passengers on the roadway shall be painted National School Bus Chrome Yellow and shall be equipped with either a red flashing four-light system or an amber and red flashing eight-light system. A bus equipped with the four-light system shall conform to the following specifications:

(1) Bus shall be equipped with two alternately flashing red lights on the front, at the upper left and right corners above the windshield; and two alternately flashing red lights on the back, at the upper left and right corners above the windows. Lights having a minimum of 7" diameter measured across the face of lens are strongly recommended.

(2) Each signal lamp shall be mounted with its axis substantially parallel to the longitudinal axis of the vehicle.

(3) Lamps shall be of a type approved by Transportation Safety and shall flash alternately at a rate of 60 to 120 cycles per minute.

(4) Lamp lenses shall be red in color as specified by current SAE standards.

(5) Lamps shall be controlled by a manually operated switch with a positive “off” and “on” position and mounted in such a position that the switch can be easily reached by the driver while seated in a normal driving position. Wiring of this switch through the ignition switch is not permitted. This shall be the only switch that controls the flashing warning lights. (Door switch or springloaded switch not permitted.)

(6) There shall be a visible means of giving a clear or unmistakable indication to the driver when the lamps are turned on. This visible indication shall be wired into the circuit so that it will flash when the warning lights flash and it shall be within the direct view of the driver when seated in a normal driving position, and shall have an illuminated area of at least 5/8" diameter.

(7) Area around lens of each alternately flashing red warning light and extending outward approximately 3" may be painted black. In installations where there is no flat vertical portion of body immediately surrounding entire lens of lamp, circular or square band of black approximately 3" wide immediately below and to both sides of lens, may be painted on body or background area against which signal lamp is seen.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 75, f. 3-18-77, ef. 6-1-77, Renumbered from 735-081-0016
MV 57, f. 7-19-74, cert. ef. 8-11-74
MV 49(Temp), f. & cert. ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0030 Bus Equipped with Eight-Light System

A bus equipped with the eight-light system shall comply with the standards as adopted by the State Board of Education, March 1975, OAR 581-053-0517(23)(k), Lamps and Signals.

EXCEPTION: Worker transportation vehicles with a seating capacity of 12 or more which do not pick up or discharge on a roadway are not required to be equipped with flashing warning lights and are not required to be painted yellow.

History

Statutory/Other Authority: ORS 184.616, 811.515, 816.260 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 75, f. 3-18-77, ef. 6-1-77, Renumbered from 735-081-0017

Or. Admin. R. 735-124-0040 Construction of Vehicles

(1) Class “A” and “B” vehicles shall be constructed or accommodated for transporting passengers, and shall be equipped with adequate seats and back rests firmly secured in place, and with such sides and ends as necessary to prevent persons from falling off the vehicle.

(2) Bus type vehicles having an enclosed seating compartment capacity of 12 or more workers, unless loaded from the rear, shall be provided with an emergency exit not less than 24 inches wide by not less than 48 inches high situated at the left side or rear of the vehicle. Doors shall be provided on bus type vehicles and shall be kept closed during transit and must operate freely at all times. They must be so constructed as to be easily opened from either inside or outside the vehicle.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0018
MV 49(Temp), f. & cert. ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0050 Overhead Protection Required

Class “A” and “B” vehicles shall be provided with bodies and tops of sufficient strength to support the entire weight of the fully loaded vehicle on its top or side if overturned. Adequate means of escape and proper ventilation shall be provided.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0020
MV 49(Temp), f. & cert. ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0060 Class “C” Vehicles

Flatbed trucks, dump trucks, and pickups shall not be used to transport workers, except when the following conditions are complied with:

(1) Truck beds shall be adequately secured to the truck frame.

(2) Vehicles with tilting, sliding, or otherwise movable decks or bodies shall have decks or bodies secured in a manner to prevent accidental movement. Dump truck bodies shall be secured or the hoist lever locked.

(3) Flatbed vehicles, when provided with seats for the workers, shall be equipped with substantial sides not less than 42 inches high, secured to an end gate or the vehicle cab at the front end, and either with a 42-inch-high end gate across the rear, secured to the vehicle sides, or with not less than three chains or ropes securely fastened across the back of the vehicle deck at the following approximate heights: the top rope or chain 42 inches high, the intermediate 28 inches high, and the bottom 14 inches high. Seats shall be firmly secured and no openings larger than six inches vertical shall be permitted in sides or in end gates.

(4) Flatbed vehicles not provided with seats shall be equipped with substantial sides and end gates not less than 24 inches high and workmen shall be required to sit on the floor.

EXCEPTION:

(1) If sides and end gates are not provided not more than four persons may be permitted to ride behind the truck cab and then only if substantial handholds are provided for their safety and they are required to use the handholds.

(2) Handholds may consist of

(a) a 3/4 inch or larger pipe secured to cab or cab guard,

(b) the top of the cab guard,

(d) a wooden 2" x 4" bar secured to cab or cab guard.

(3) All handholds shall be of a convenient height. Workers under 16 years of age shall not be permitted to ride in this manner.

(5) Flatbed trucks on which more than four workers are required to stand shall have substantial sides and end gates not less than 48 inches high with no openings larger than six inches vertical. Sides and ends shall be secured as required in section (3) of this rule.

(6) Pickup and dump truck tailgates shall be closed and secured and workers shall sit on the floor unless seats firmly secured in place and substantial sides not less than 42 inches high are provided. A chain or rope shall be secured across the rear of such vehicles equipped with seats.

EXCEPTION: When workers are permitted to sit on low boxes or similar equipment, side rails which will increase height of pickup and dump truck bodies to not less than 36 inches shall be added with no openings larger than six inches. When heavy canvas is used as a top and sides and secured to the vehicle sides, the addition of side rails will not be required.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0022
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0070 Number of Passengers — Standees — Passenger Compartment

All Class “A” and “B” type vehicles equipped with seats of any kind shall be provided with an aisle (or passageway between seats) at least 12 inches in width leading to the emergency exit. Workers shall not sit on the floor in such aisles or passageways while the vehicle is in motion. Not more than one worker per row of seats shall be permitted to stand. No workers shall be permitted to stand or sit in the driver’s compartment ahead of the front row of seats. Under no cir cumstances shall boards be placed across an aisle to provide additional seating space. Neither shall seats of any type be placed in an aisle. Substantial handholds shall be provided for standees.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0024
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0080 Maximum Time or Distance Permissible for Standees

(1) When workers being transported, in any class of vehicle, are required to stand during transit, those persons not provided with seats shall not be permitted to stand for more than one hour, or for a greater distance than 45 miles of vehicle travel, whichever is the lesser. A rest period of not less than 15 minutes shall be required before continuing trip unless those standing are given seats.

(2) Floor and decks shall be suitable for safe footing.

(3) All openings between enclosed passenger compartments and engine or exhaust at which fumes or gases may enter shall be effectively sealed.

(4) Construction of enclosed passenger compartments shall provide a reasonably dust-proof and watertight unit.

(5) Floors and interior of sides and ends and tops of compartments used for transporting workers shall be free of inwardly protruding nails, screws, splinters, or other protruding objects which might cause injury.

(6) Whenever necessary to protect workers from inclement weather conditions, a top and facilities for closing the sides and ends shall be provided. Tarpaulins or other such removable protective devices shall be secured in place during transit.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0026
MV 49(Temp), f. & cert. ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0090 Entrance and Exit

Steps and handholds, when necessary for safe entrance and exit shall be provided on all vehicles used to transport workers.

NOTE: A portable ladder with steps not less than four inches wide and 16 inches long, not more than 12 inches apart, may be used provided ladder is equipped with hooks which will be attached to the truck body in a secure manner while in use. If stirrups are used they shall have the same width and spacing as required for ladders, but rungs may be used in place of steps.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0028
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0100 Turn Signals

All Class “A” and “B” vehicles regardless of size shall be equipped with a mechanical or electrical turn signal device approved by Transportation Safety.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0030
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0110 Mirrors

All Class “A” and “B” vehicles shall also be equipped with two side view mirrors; one installed on each side in such a manner as to give the driver a clear view to the rear in all lanes of traffic.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0032
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0120 Brakes

(1) Four-wheel hydraulic brakes adequate to control the vehicle at all times when fully loaded and traveling at maximum speeds shall be provided unless the vehicle is equipped with a brake system of a superior type as approved by Transportation Safety.

(2) Auxiliary or emergency brake shall be provided in addition to service brake and shall be an entirely separate, mechanically operated device. It shall be adequate to hold vehicle stationary when fully loaded on any grade upon which vehicle may be operated.

(3) All new buses placed in service on and after the effective date of this Safety Code, the chassis of which is designed for any bus body of 36 or more workers, shall be equipped with full compressed air brakes, vacuum-actuated power or assistor type brakes, or compressed air-over-hydraulic brakes.

(a) Such installation shall be made by authorized representatives of chassis or brake manufacturer and shall conform to recommendation of that manufacturer.

(b) Hydraulic line pressure shall not exceed recommendation of chassis or brake manufacturer.

(c) Reservoir capacity shall be at least 1650 cubic inches for full compressed air systems, and at least 1000 cubic inches for vacuum-actuated systems and for compressed air-over-hydraulic system.

(d) Vehicles having full compressed air systems shall be equipped with:

(A) A safety valve mounted on first reservoir to protect air brake system against excessive air pressure and check valve located between source of supply and reservoir.

(B) Air gauge mounted on instrument panel to register air pressure in air brake system.

(C) Visible or audible low pressure indicator to warn driver if air pressure in air brake system falls below 60 pounds per square inch.

(e) Vehicles having vacuum-actuated or compressed air-over-hydraulic systems shall be equipped with check valve located between source of supply and reservoir.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0034
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0130 Muffler and Exhaust System

(1) Every vehicle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke.

(2) Vehicles equipped with vertical exhaust pipes located ahead of passenger compartments or open bodies on which workers are transported shall be equipped with deflectors when necessary to prevent fumes from entering passenger-carrying portion of the vehicle. Exhaust pipes directed to rear of vehicles equipped with partially enclosed passenger compartments shall be equipped with deflectors which will direct exhaust fumes to one side to prevent hazardous fumes from being sucked into the passenger compartment.

(3) On buses and all other types of vehicles which have enclosed passenger compartments, the exhaust pipe, muffler, and tail pipe shall be outside the passenger compartment and attached to the chassis and the tail pipe shall extend at least to the rear bumper but not more than three inches beyond.

(4) The size of the tail pipe shall not be reduced after it leaves the muffler on any vehicle.

(5) Exhaust system shall be properly insulated from the gasoline tank and connections thereof by a metal shield at any point where there is 12 inches or less from the fuel tank or tank connections.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0036
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0140 Steering Gear

(1) Steering gear shall be approved by the chassis manufacturer and designed to assure safe and accurate performance when vehicle is operated with maximum load and at maximum speed.

(2) Steering mechanism shall provide for easy adjustment for lost motion.

(3) No changes shall be made in steering apparatus which are not approved by the chassis or body manufacturer.

(4) There shall be a clearance of at least two inches between the steering wheel and the cowl, instrument panel, or any other surface and at least a distance of 21 inches measured from floor to bottom of steering wheel with a tolerance of one-half inch on all vehicles manufactured and placed in this service after the effective date of this Safety Code.

(5) Steering wheel shall be of a size recommended by the chassis manufacturer for the particular chassis.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0038
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0150 Tires

(1) Dual rear tires shall be provided on all vehicles having a seating capacity of more than 20 workers.

(2) Tires which are excessively worn, cracked, deteriorated, or damaged in any other way shall not be used. All tires must have a minimum tread depth of 2/32 inches.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0040
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0160 Sun Shield

All class vehicles shall be equipped with an adjustable sun visor.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0042
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0170 Battery

Battery shall be mounted outside passenger compartment in an adequate carrier and be readily accessible for servicing and removal.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0044
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0180 Weight Distribution — Buses

Weight distribution shall be such that not more than 75 percent of gross vehicle weight shall be on rear tires when bus is on level surface.

EXCEPTION: Transit and metropolitan buses — Weight distribution shall be such that not more than 70 percent of gross weight shall be on rear tires when bus is on level surface.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0046
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0190 Horn

Every vehicle shall be equipped with a horn or horns in good working order and capable of emitting sounds audible under normal conditions from a distance of not less than 200 feet.

History

Statutory/Other Authority: ORS 184.616, 815.230 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0048
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-124-0200 Glass

All glass in a worker transportation vehicle must have no holes or cracks so severe as to cause the glass to deflect. Except the windshield, glass to each side of the driver and rear windows must be clear. The replacement of glass shall be with approved safety type.

History

Statutory/Other Authority: ORS 184.616, 815.040 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0050
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Division 126 SAFETY EQUIPMENT REQUIREMENTS

Or. Admin. R. 735-126-0000 First Aid Kit

(1) All vehicles used for the transportation of workmen shall carry a first aid kit suitable for the number of passengers customarily transported. First aid kits shall be located where they are readily available to the driver or crew supervisor and shall be inspected and maintained in good order and in required quantities. Contents of kits shall be:

(a) Eight gauze pads individually wrapped (3" X 3" at least);

(b) Two large gauze pads which are or can be folded to an approximate size of 8" X 10" or equivalent;

(d) One package gauze roller bandage at least 2" wide or equivalent;

(e) Two triangular bandages;

(f) Wound-cleaning agent, such as sealed, moistened towelettes, or soap and water;

(g) Scissors; and

(h) One blanket or equivalent; or

(i) Minimum first aid supplies, as approved in writing by the firm’s consulting physician, may be provided in lieu of those specified above.

(2) The 24-unit first aid kit as required by the State of Oregon under “Minimum Standards for School Buses” shall be acceptable under this Safety Code for school buses used temporarily to transport workers.

History

Statutory/Other Authority: ORS 802.010 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 67, f. 3-5-76, ef. 3-15-76, Renumbered from 735-081-0070
MV 57, f. 7-19-74, ef. 8-11-74
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-126-0010 Fire Extinguisher

(1) Each vehicle used to transport workers shall be equipped with either a two pound dry chemical type, or a four pound carbon dioxide type, or a one quart vaporizing type fire extinguisher. Such extinguishers must be approved by Underwriter Laboratories, Inc., or other acceptable testing agency, or by the inspecting authority.

(2) Toxic vaporizing liquid type fire extinguishers such as those containing carbon tetrachloride or chlorobromethane will not be permitted on motor vehicles transporting workers.

History

Statutory/Other Authority: ORS 802.010 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0072
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-126-0020 Securing of Tools, Equipment, Etc.

(1) Racks, boxes, holsters, or equivalent means shall be provided and arranged so passengers and driver will not be endangered by tools or equipment being transported, loaded, or removed. Tools and equipment are preferably placed or arranged so they are accessible from the outside of the vehicle.

(2) Tools and materials shall be secured in the racks and boxes provided.

History

Statutory/Other Authority: ORS 802.010 & 820.030
Statutes/Other Implemented: ORS 820.010 - 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0074
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Division 128 DRIVER’S DUTIES

Or. Admin. R. 735-128-0000 Drivers

(1) Only experienced, competent, qualified, and licensed drivers, not less than 18 years of age shall be permitted to operate vehicles used to transport workers. A chauffeur’s license is not required.

(2) No driver of a vehicle used to transport workers shall operate such vehicle for more than 10 hours in the aggregate excluding rest stops and stops for meals in any period of 24 consecutive hours unless such driver be off duty for eight consecutive hours immediately following the 10 hours aggregate driving and within said period of 24 consecutive hours. The term “24 consecutive hours” as used herein means any such period starting at the time the driver reports for duty. In case of snow, sleet, fog, or other adverse weather conditions a driver may be permitted to drive or operate a motor vehicle for not more than 12 hours in the aggregate in any period of 24 consecutive hours in order to complete the run without being off duty for a period of eight consecutive hours.

(3) In lieu of responsible supervisory personnel the operator of a vehicle shall at all times be in charge of workers and responsible for the observance of safety rules by the workers being transported.

(4) When the driver’s compartment is separate from the compartment used to transport workers and children under 18 years of age are riding, an adult or some person not less than 18 years of age shall be designated to supervise the children and shall ride in the same compartment with them.

(5) There shall be some signal system or signaling device provided for the supervisor to communicate with or signal the driver.

(6) Signals adopted shall be simple and understood by both driver and supervisor. If a signaling device is used it shall be maintained in good working order.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.030 & 820.070
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0080
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-128-0010 Operation of Vehicles

(1) Brakes shall be tested immediately at the start of each trip.

(2) No vehicle shall be loaded beyond its safe carrying capacity.

(3) No motor vehicle shall be driven if it is so loaded or if the load thereon is so distributed or so inadequately secured as to prevent its safe operation.

(4) No motor vehicle shall be driven when the passengers or any object obscures the driver’s view ahead or to either side or interferes with the free movement of his arms or legs, or prevents his free and ready access to his controls and emergency equipment, or prevents the free and ready exit of any persons from the vehicle.

(5) All vehicles transporting workers shall observe all Motor Vehicle Laws of this state such as the basic speed rule, posted speeds, proper signals for turning and stopping, etc.

(6) The driver of any Class “A,” “B,” and “C” type vehicle transporting workers before crossing at grade any tracks of a railroad or interurban electric railway shall stop such vehicle not less than 10 nor more than 50 feet from the nearest rail of such track and while so stopped shall look and listen in both directions along such tracks for approaching trains or cars.

(a) This requirement shall not apply:

(A) At the crossing of a street or highway and street tracks;

(B) To interurban tracks where traffic control signals are in operation and give indication to approaching vehicular traffic to proceed;

(D) To industry track crossings within districts in which the indicated speed of vehicles is 20 miles per hour.

(b) Unless a train is approaching, motor vehicles carrying workers are not required to stop at crossings where the Public Utilities Commissioner has determined and plainly marked that no stop need be made.

(7) Only authorized persons shall be allowed to ride on vehicles.

(8) Vehicles transporting workers not using alternately flashing red lights shall be driven completely off the highway or road to discharge or take on workers.

(9) Vehicles using alternately flashing lights:

(a) When workers must cross the highway to board or after leaving the bus the driver shall actuate the flashing warning lights for a distance of approximately 100 to 300 feet to warn traffic that the bus is stopping. He shall stop the bus in the right-hand traffic lane. The lights shall remain flashing until all workers have safely crossed the highway. After workers have safely crossed the highway, the driver shall make every effort to clear following traffic by pulling over onto the shoulder of the highway, when possible, and proceeding slowly until traffic is cleared.

(b) When workers need not cross the highway to board or after leaving the bus, the driver has two alternatives:

(A) When it is possible, he should stop completely off the main traveled portion of the highway. He will not actuate the flashing warning lights and traffic is not required to stop.

(B) Where shoulders of the highway are too narrow for the bus to pull completely off the main traveled portion of the highway, the driver shall actuate the flashing warning lights for a distance of approximately 100 to 300 feet to warn traffic that the bus is stopping. He shall stop the bus in the right-hand traffic lane. Lights shall remain flashing until workers have safely boarded or left the bus.

NOTE: It is recommended that worker bus routes be set up so that workers will be picked up or let off the worker bus on their residence side.

The worker bus driver must use his ingenuity and good judgment to keep traffic moving and still protect the workers.

When stopping a bus on the highway, the driver, after ascertaining that the way is clear, shall signal workers across the road in front of the bus. The driver shall not start the bus until workers are seen to be out of danger.

The driver shall report to Transportation Safety the license number of any vehicle which violates the law endangering the lives of any workers. The time, place, violation, and correct license number shall be recorded.

(10) Loose tools and other hazardous objects shall not be permitted on the floor of occupied vehicles.

(11) When materials of any type are transported at the same time workers and driver shall be protected from the hazards of such materials by adequate partitions or proper securing of loads.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.030 & 820.070
MV 75, f. 3-18-77, ef. 6-1-77, Renumbered from 735-081-0082
MV 57, f. 7-19-74, ef. 8-11-74
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-128-0020 Hauling of Explosives Prohibited

No explosives shall be hauled on any vehicle while it is engaged in transporting workers. This rule shall not prohibit the driver and one qualified powder man from riding in a vehicle in which explosives are being hauled.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.030 & 820.070
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0084
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-128-0030 Hauling of Gasoline, Etc.

(1) Gasoline and other low flash point liquids shall not be hauled on Class “A,” “B,” and “D” vehicles transporting workers except when in U.L. approved, closed safety containers of not more than five gallon capacity and provided such containers are carried in a safe, suitablelocation outside the passenger compartment. Such containers shall be carried as far away from the passenger compartment as possible and where they will not block exit from the vehicle and shall be firmly secured to prevent shifting or placed in well-ventilated compartments or racks.

(2) Gasoline in containers larger than five gallons may be transported in Class “C” vehicles provided all workers ride in the cab of the vehicle or in a separate compartment.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.030 & 820.070
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0086
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-128-0040 Refueling of Vehicles

(1) Smoking in the vicinity of vehicles being refueled is prohibited.

(2) Refueling while motor is running or when within close proximity to any open fires or flame lights is prohibited.

(3) Refueling of Class “A” and “B” vehicles shall be done when vehicles are not occupied.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.030 & 820.070
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0088
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Or. Admin. R. 735-128-0050 Heating of Vehicles

(1) Any heating units provided for the comfort of workers riding in vehicles used in their transportation shall be guarded or covered to prevent workers from being burned by accidental contact. The use of hot water radiator type heaters is recommended.

(2) If it is necessary to use stoves for heating, such stoves shall be securely attached to the bed of the vehicle and shall be equipped with doors which lock securely. Pipes and other attachments shall be securely fastened to the stove and to the vehicle. Pipes shall be either of continuous length or welded or riveted at the joints.

(3) Heating facilities shall be arranged so that smoke, fumes, or gases will not enter the vehicle.

History

Statutory/Other Authority: ORS 184.616 & 820.030
Statutes/Other Implemented: ORS 820.030 & 820.070
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0100
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Division 130 WORKER’S DUTIES

Or. Admin. R. 735-130-0000 Workers’ Duties

(1) Workers riding in motor vehicles having adequate seating facilities or in vehicles not equipped with sides and end gates at least 48 inches high shall not stand while the vehicle is in motion, except as permitted in OAR 735-124-0060(4). Passengers must wait for the vehicle to come to a complete stop before boarding or leaving.

(2) Workers shall be prohibited from riding on running board or fenders, hood or cab tops, or with their arms or feet hanging out of or over the rear or side of any vehicle, or on sides of pickups or on tailgates.

(3) When dismounting from a vehicle on a highway or road, the workers shall wait until the vehicle has proceeded before crossing the road unless the vehicle has stopped at its destination except when alternately flashing red lights are used as described in OAR 735-128-0010(9).

(4) Workers wearing equipment which might injure a fellow workman (spurs, exposed sharp tools, etc.) shall remove such equipment before entering any vehicle in which workers are being transported.

(5) Scuffling or horseplay while riding in any vehicle is prohibited.

(6) Any hazardous condition or defect of a motor vehicle or unsafe practice of driver or workers riding in any vehicle used to transport workers shall be reported to the employer, supervisor, or driver as soon as possible by any worker having knowledge of such conditions.

History

Statutory/Other Authority: ORS 802.010 & 820.030
Statutes/Other Implemented: ORS 820.030
MV 57, f. 7-19-74, ef. 8-11-74, Renumbered from 735-081-0090
MV 49(Temp), f. & ef. 7-11-73 thru 11-8-73

Division 150 VEHICLE DEALERS

Or. Admin. R. 735-150-0000 Authority and Purpose

Division 150 rules are adopted under the authority of ORS 822.035. These rules establish procedures and requirements for the administration and enforcement of laws relating to the regulation of Oregon vehicle dealers.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 822.035
Statutes/Other Implemented: ORS 822.035
DMV 20-2004, f. & cert. ef. 8-20-04
MV 7-1987, f. & ef. 7-13-87

Or. Admin. R. 735-150-0005 Oregon Dealer Advisory Committee

(1) The Oregon Dealer Advisory Committee is established pursuant to ORS 802.370.

(2) The committee's membership will consist of the following individuals appointed by the DMV Administrator:

(a) Two individuals who represent franchise dealers of new vehicles;

(b) Two individuals who represent dealers of used vehicles;

(d) Two individuals who represent the interests of the general public;

(e) One individual who represents recreational vehicle dealers;

(f) One individual who represents vehicle dealership office management interests;

(g) One individual who represents auto auctions;

(h) One individual who represents Oregon towing businesses; and

(i) One individual who represents dealers of motorcycles, mopeds, or all-terrain vehicles.

(j) In addition to the committee membership described under subsections (a) through (i) of this section, membership may also include one individual, whose term of appointment and interest of representation is determined by the administrator.

(3) DMV will designate one member listed in section (2) of this rule as chair of the committee. The chair’s term expires December 31 of each year.

(4) Committee members serve up to a three-year term, at the pleasure of the administrator, and may be reappointed. Appointments are staggered to ensure committee continuity. All terms expire on December 31. In the event of a vacancy, the administrator will appoint a new committee member to serve the remaining term.

(5) DMV will seek the recommendation of existing ODAC members or a trade or professional association generally recognized to represent a membership category before appointing a committee member, however, DMV is not bound by any recommendation.

(6) Meetings will be held quarterly beginning in January of each year, unless a meeting is cancelled, postponed or rescheduled as agreed to by DMV and a majority of the committee members. A committee member may be replaced by the administrator for missing two consecutive quarterly meetings without good cause.

(7) DMV will consult with the committee before:

(a) Adopting administrative rules under ORS 822.035;

(b) Taking disciplinary action against a dealer under ORS 822.050 to revoke, suspend or place a dealer on probation;

(d) Taking disciplinary action against an Oregon dismantler under OAR 735-152-0050 to revoke, suspend or place a dismantler on probation.

(8) DMV may consult with the committee as required by section (7) of this rule at a committee meeting, or by mail, telephone, or other electronic means. DMV will provide written information on a proposed action described in section (7) of this rule to the committee members at least seven days before a committee meeting or the date a recommendation from the committee members is due. DMV may provide the written information by mail, fax, or other electronic means.

(9) The requirements of section (8) of this rule do not apply if DMV determines it must take immediate disciplinary action because the continued operation of a business regulated under ORS Chapter 822 jeopardizes public health or safety. DMV will consult with the committee before taking any action described under this section. Following the action, DMV will provide written notification of DMV’s action to the committee.

(10) Recommendations of the committee and the individual committee members are advisory only and the Department of Transportation, including DMV, is not bound by any recommendation.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 822.035
Statutes/Other Implemented: ORS 802.370
DMV 5-2017, f. & cert. ef. 3-7-17
DMV 4-2017, f. & cert. ef. 2-22-17
DMV 5-2010, f. & cert. ef. 2-25-10
DMV 19-2009(Temp), f. & cert. ef. 9-29-09 thru 3-20-10
DMV 7-2009, f. & cert. ef. 3-20-09
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 6-1994, f. & cert. ef. 7-21-94
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93

Or. Admin. R. 735-150-0010 Definitions

As used in this division and ORS Chapter 822:

(1) “Additional (or supplemental) place of business” or “additional (or supplemental) location” means a location, other than one exempted under OAR 735-150-0020, that is more than 500 feet from any other business location of the dealer that is operated under the same name as the main business location.

(2) “Advertise” means to offer a vehicle for sale or to communicate to the public that a person is acting as a vehicle dealer, by any oral, written, or graphic means including, but not limited to, handbills, the Internet, newspapers, signs, television, billboards, radio, and telephone directories.

(3) “Agent” means any dealer possessing a current valid vehicle dealer certificate issued under ORS 822.020, who accepts applications and fees for the titling and registration of vehicles sold by the dealer and who performs such other duties related to the titling and registration of vehicles as DMV authorizes under the rules set forth in division 150.

(4) “Applicant” means a person that applies for the issuance or renewal of a vehicle dealer certificate under ORS 822.020 and these division 150 rules.

(5) “Broker” has the same meaning as “motor vehicle broker” as defined in ORS 822.047(1).

(6) “Brokerage services” has the same meaning as defined in ORS 822.047(1).

(7) “Business day” means Monday through Saturday and does not include Sundays or State of Oregon and Federal legal holidays.

(8) “Buyer,” “purchaser” and “lessee” have the same meaning as “owner” as defined in ORS 801.375.

(9) “Cancellation” has the same meaning as “revocation” as defined in section (31) of this rule.

(10) “Certified dealer” means a vehicle dealer who holds a vehicle dealer certificate issued or renewed under ORS 822.020.

(11) “Circumstances beyond the dealer’s control,” as used in ORS 822.045(3)(b) and OAR 735-150-0050(5) means:

(a) That the dealer could not get the title from any state and the prior security interest holder was paid in full by the dealer; and

(b) The delay was a result of the security interest holder failing to release title; or

(c) DMV may consider the following mitigating circumstances if those circumstances result in the physical destruction of, or inaccessibility to, vehicle records necessary to prove compliance with ORS 822.045(1) and OAR 735-150-0050(5):

(A) The direct result of clearly-established fraud or other criminal activity against the vehicle dealer, as determined in a criminal or civil action in a court of law or independently corroborated by a report of a law enforcement agency or insurer or the sworn testimony or affidavit of an accountant or the person who actually engaged in the criminal activity. This mitigating circumstance does not apply if the dealer is the perpetrator of the wrongdoing described in this paragraph; or

(B) The direct result of fire, flood or other calamitous event, resulting in physical destruction of, or inaccessibility to vehicle records to prove compliance with ORS 822.045(1) and OAR 735-150-0050(5).

(12) “Closure” means a vehicle dealership that no longer has legal authority to conduct dealer-related activity, including when a dealer’s certificate issued under ORS 822.020 is expired, cancelled, suspended or revoked.

(13) “Clearly marked” means the notice and dealer contact information required under ORS 822.040(4)(b) and OAR 735-150-0033 is conspicuously posted on the window of each display vehicle, is in plain view of the public and is legible at a distance of six feet or more.

(14) “Date of sale,” or use of similar terms to indicate the day that the sale occurred, means the date that the purchaser takes possession of the vehicle. This does not apply to vehicles purchased by a dealer at wholesale auction. With respect to auto auctions and for purposes of consignor payment under ORS 822.060(1)(d), “date of sale” means the date upon which the consigning party delivers the necessary title documents to the purchasing dealer.

(15) “Dealer” means a person who engages in any of the activities described in ORS 822.005, except those persons exempted by ORS 822.015.

(16) “Dealership,” “place of business” or “business location” means a location within the State of Oregon where activities specified in ORS 822.005 take place.

(17) “Designated dealer” means a certified dealer who has been authorized to act as an agent of DMV under OAR 735-150-0040.

(18) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(19) “DMV Administrator” means the administrator of the Driver and Motor Vehicles Services Division of the Oregon Department of Transportation.

(20) “Employee,” for purposes of ORS 822.015 and OAR division 150, means a person over whom a dealer exercises the type of control typically associated with an employer, including but not limited to:

(a) Determining the frequency, method and amount of compensation;

(b) Determining whether the person’s work is continuous or intermittent;

(d) Retaining the ability to terminate the relationship.

(21) “Good faith effort” as used in ORS 822.045(3) means action satisfactory to DMV that a vehicle dealer complied with the requirements set forth in OAR 735-150-0050(1) and (2).

(a) DMV will determine that the dealer’s efforts are in good faith if written documentation is provided that verifies:

(A) Action(s) was taken by the dealer within ten (10) days of sale to resolve problems with providing transfer of ownership; and

(B) The dealer provided complete and timely information to the customer concerning any problems encountered and actions being taken to resolve them.

(b) DMV will not accept a good faith effort by a dealer if, before the sale of the vehicle, the dealer knows or reasonably should know that title transfer could not be completed within 30 days.

(22) “Level 1 VIN inspection” has the meaning given the term in OAR 735-022-0070.

(23) “Licensed dealer” as used in ORS 822.015, 822.045 and division 150, means a person who is currently licensed as a vehicle dealer in another jurisdiction.

(24) “Location,” “main business location” or “main dealership” means a location identified and listed as the dealer’s main business location on the most current application for vehicle dealer certificate.

(25) “Normal business hours” means:

(a) With respect to vehicle dealer’s normal business hours, all times during which a dealer engages in any of the activities described in ORS 822.005, except as exempted by ORS 822.015; or

(b) With respect to DMV’s normal business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m.

(26) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation or any other legal or commercial entity.

(27) “Permanent revocation” means to permanently revoke a vehicle dealer certificate and the right to apply for a vehicle dealer certificate.

(28) “Probation” means a period of time specified by DMV during which a vehicle dealer may continue to operate, but only under the terms or conditions established by DMV.

(29) “Principal” means any owner, partner of a partnership, corporate officer, proprietor of a sole proprietorship, LLC member, or other person who controls the business entity.

(30) “Purchaser” has the same meaning as buyer or lessee.

(31) “Rebuilder” means a person engaged in conducting a “vehicle rebuilding business” as specified in ORS 822.070.

(32) “Revocation” means to void and terminate a vehicle dealer certificate. Unless permanently revoked, DMV will specify the period of time before the person subject to the revocation may apply for a new vehicle dealer certificate.

(33) “Sanction” means an action taken against a vehicle dealer by DMV in cases of non-compliance, fraud, misuse or abuse of privileges granted by a vehicle dealer certificate pursuant to a violation of the Oregon Vehicle Code or any rule adopted by DMV relating to vehicle dealers or the operation of a vehicle dealership.

(34) ”Suspension” means a period of time specified by DMV during which a vehicle dealer is prohibited from:

(a) Buying, selling, trading, exchanging any vehicle or providing brokerage services, including, but is not limited to, providing information about price, quality, availability, payment terms, or any other information specific to the sale of a vehicle; and

(b) Acting as DMV’s agent.

(35) “VIN” has the meaning given the term in ORS 801.600.

(36) “Violation” means any violation by a person or vehicle dealer of the Oregon Vehicle Code or any rule adopted by DMV in accordance with ORS 822.009(1) and (2).

(37) “Warning” means a documented oral warning to the principal of a dealership or a written correction notice issued to the principal, or an employee of the dealership.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 822.035
Statutes/Other Implemented: ORS 822.005 - 822.080
DMV 27-2026, amend filed 08/13/2026, effective 08/13/2026
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 9-2017, f. & cert. ef. 5-25-17
HWD 1-2017, f. & cert. ef. 5-23-17
DMV 13-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 31-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 17-2002, f. & cert. ef. 9-20-02
DMV 2-1996, f. & cert. ef. 4-18-96
DMV 6-1994, f. & cert. ef. 7-21-94
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 22-1991, f. 9-27-91, cert. ef. 9-29-91
MV 8-1991, f. & cert. ef. 7-19-91
MV 39-1989, f. & cert. ef. 10-3-89
MV 7-1987, f. & ef. 7-13-87

Or. Admin. R. 735-150-0015 Dealer Applications

(1) An applicant for a vehicle dealer certificate under ORS 822.020 must submit the following to the DMV Business Regulation Section:

(a) A completed and signed DMV Application for Three Year Vehicle Dealer Certificate (DMV Form 735-370);

(b) A completed and signed DMV Surety Bond (DMV Form 735-370B);

(c) A completed and signed DMV Certificate of Insurance form or DMV Liability Insurance Certification of Exemption (DMV Form 735-7024);

(d) A valid government-issued photo identification for each principal;

(e) All applicable fees; and

(f) The following documentation certifying completion of the education and test requirements prescribed by ORS 822.027:

(A) A certificate of education completion issued by an authorized education provider as evidence that the applicant has completed the education requirements under ORS 822.027(1)(a); or

(B) A completed and signed DMV Education Requirements Certification of Exemption (DMV Form 735-370C), if an applicant is exempt from the education and test requirements under ORS 822.027(2).

(2) An applicant for a renewal of vehicle dealer certificate under ORS 822.020 must submit the following to the DMV Business Regulation Section:

(a) A completed and signed DMV Application for Three Year Vehicle Dealer Certificate (DMV Form 735-370);

(b) A completed and signed DMV Surety Bond form (DMV Form 735-370B), if the applicant is submitting a new bond, or proof acceptable to DMV that a valid surety bond is in effect at the time of renewal. Proof includes, but is not limited to a notation on DMV records or other evidence acceptable to DMV that the required bond is in effect.

(c) A completed and signed DMV Certificate of Insurance form or DMV Liability Insurance Certification of Exemption (DMV Form 735-7024);

(d) A valid government-issued photo identification for each principal;

(e) All applicable fees; and

(f) The following documentation certifying completion of the education and test requirements prescribed by ORS 822.027:

(A) A certificate of education completion issued by an authorized education provider as evidence that the applicant has completed the education requirements under ORS 822.027(1)(b); or

(B) A completed and signed DMV Education Requirements Certification of Exemption (DMV Form 735-370C), if an applicant is exempt from the education and test requirements under ORS 822.027(3).

(3) In addition to the requirements of sections (1) and (2) of this rule, the applicant must submit a completed and signed DMV Supplemental Dealer/Rebuilder Vehicle Dealer Certificate Application (DMV Form 735-372) for each additional business location other than the dealer’s primary business location.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.012, 822.020, 822.025, 822.027 & 822.040
Statutes/Other Implemented: ORS 802.012, 822.020, 822.025, 822.027, 822.040 & 822.050
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 9-2017, f. & cert. ef. 5-25-17
DMV 14-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 5-2011, f. & cert. ef. 4-22-11
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 4-1996, f. & cert. ef. 7-26-96

Or. Admin. R. 735-150-0017 Acting as a Vehicle Dealer

This rule describes certain circumstances under which an owner or lessor of real property is considered to be acting as a vehicle dealer without a certificate pursuant to ORS 822.005(1). The rule is not intended to limit DMV’s authority to require a person to obtain a certificate, or to find a person in violation of ORS 822.005 for acting as a vehicle dealer without a valid certificate in any circumstance that violates the terms of ORS 822.005(1), unless the person has an exemption under ORS 822.015.

(1) An owner or lessor of real property must hold a valid vehicle dealer certificate pursuant to ORS 822.005(1), if the owner or lessor receives compensation of any type for the display or sale of vehicles on the property, and performs any of the following:

(a) Advertises or pays for advertising for any individual vehicle(s) displayed for sale either on-site, electronically or in print media;

(b) Answers any questions related to the terms of sale or consignment for any vehicle displayed for sale;

(d) Provides or pays for individual “for sale” signs for any vehicle displayed for sale;

(e) Cleans, prepares or otherwise physically maintains any vehicle displayed for sale;

(f) Provides or offers to provide financing for any vehicle displayed for sale;

(g) Prepares or provides any forms necessary for the titling or registration of any vehicle displayed for sale; or

(h) Performs any maintenance, body repair or mechanical services related to any vehicle part or component on any vehicle displayed for sale.

(2) This rule does not apply to a person who rents or leases property to a vehicle dealer who possesses a current vehicle dealer certificate, to the extent that the real property or any portion thereof is actually used by the dealer.

History

Statutory/Other Authority: ORS 184.616, 184.619, 822.009 & 822.035
Statutes/Other Implemented: ORS 822.005, 822.009, 822.015 & 822.035
DMV 13-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 17-2002, f. & cert. ef. 9-20-02

Or. Admin. R. 735-150-0020 Exemptions From Vehicle Dealer Certification Requirement

(1) A person who rents or leases space to a vehicle dealer who holds a current valid certificate is not a dealer as defined in OAR 735-150-0010.

(2) The following apply where there is a formal display of vehicles, such as an auto show, by a group of dealers for a period of ten (10) days or less:

(a) Except as otherwise provided in this section and ORS 822.015(3), a dealer participating in a display must either be a certified vehicle dealer or a manufacturer of vehicles not engaged in sales to the public;

(b) A person who only rents or leases space to a participating dealer does not need a vehicle dealer certificate;

(d) This section does not apply to RV shows held in accordance with OAR 735-150-0045.

(3) The exemption in ORS 822.015(1)(b) will be narrowly construed to exempt from dealer regulatory requirements only those persons who engage in buying, selling or exchanging vehicles as a mere incident to their personal ownership and use of those vehicles. This includes a business or corporate entity that holds such vehicles primarily for its own transportation needs, but not primarily for sale or exchange. No person may apply for certificates of title for the purpose of avoiding dealer regulatory requirements while dealing in vehicles.

(4) A person is not a rebuilder if that person:

(a) Is an employee of a certified vehicle dealer; or

(b) Is engaged solely in the repair of damaged vehicles at the request of the registered owner(s) of the vehicle(s).

(5) An employee of a dealer as defined in 735-150-0010 is not required to have a separate dealer certificate in order to buy or sell vehicles on behalf of his or her employer.

(6) A certified vehicle dealer does not need a supplemental certificate for the location of an auction conducted by the dealer. This exemption applies when all the following conditions exist:

(a) Vehicles sold at the auction are consigned to the dealer;

(b) Vehicles are sold on the basis of the highest bid or most favorable offer;

(d) The dealer does not own the property where the auction is conducted. If the dealer rents or leases the property where the auction is conducted, the rent/lease period must not exceed three (3) consecutive days.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.015 & 822.035
Statutes/Other Implemented: ORS 822.015
DMV 9-2017, f. & cert. ef. 5-25-17
DMV 13-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 31-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 2-1996, f. & cert. ef. 4-18-96
DMV 6-1994, f. & cert. ef. 7-21-94
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 7-1987, f. & ef. 7-13-87

Or. Admin. R. 735-150-0024 Investigation of Certificate Applications

(1) DMV will investigate applications for original or renewal vehicle dealer certificates on a random basis to determine whether the information contained in the application is accurate and complete and may do so whenever DMV has reason to believe the application is not accurate or complete.

(2) DMV will investigate all applications for original or renewal vehicle dealer certificates to determine if any of the principals of the applicant dealer are or have been financially or operationally involved with any other dealer whose certificate or right to apply for a certificate is currently or has been on probation, suspended, canceled or revoked.

(3) Pursuant ORS 822.035(1), (8), and (9), DMV will investigate an applicant who indicates on the vehicle dealer certificate application that his or her vehicle dealer certificate has been revoked or is currently suspended in another jurisdiction.

(4) DMV may inspect the location from which the applicant proposes to transact business in order to ensure compliance with the requirements of OAR 735-150-0030 and with any restrictions imposed by any local governing body.

(5) DMV may, at any time during or after the application process, investigate to certify compliance with the requirements of ORS 822.025.

(6) DMV may investigate any other matters related to an application as it deems necessary within the limits of its authority.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.035 & 822.050
Statutes/Other Implemented: ORS 822.035
DMV 20-2004, f. & cert. ef. 8-20-04
MV 8-1991, f. & cert. ef. 7-19-91

Or. Admin. R. 735-150-0027 Refusal to Issue or Renew Vehicle Dealer Certificate

(1) DMV will not issue or renew a vehicle dealer certificate to an applicant who submits an application that is incomplete or contains false information.

(2) DMV will not issue or renew a vehicle dealer certificate to an applicant when it determines a principal of the applicant dealer is financially or operationally involved with any dealership whose certificate or right to apply for a certificate is currently suspended, canceled or revoked. Additionally, DMV will not issue an original or renewal vehicle dealer certificate to any applicant when it determines a principal of the applicant dealer was within one (1) year of the date of the application financially or operationally involved with any dealership whose certificate or right to apply for a certificate is currently suspended, canceled or revoked.

(3) DMV will issue or renew a vehicle dealer certificate on a probationary basis when it determines a principal of the applicant dealer is financially or operationally involved with any other dealer whose certificate or right to apply for a certificate is currently on probation. The probationary status of the new certificate will expire and attain regular status on the same date the probation period ends for the other dealership.

(4) As provided in ORS 822.035(9) and (10), DMV will not issue a vehicle dealer certificate under 822.020 to an applicant who has been issued a similar certificate from another jurisdiction that has been revoked or is currently suspended unless the applicant possesses a current, valid vehicle dealer certificate issued under 822.020. Nothing in this section precludes a vehicle dealer who holds a current, valid vehicle dealer certificate issued under 822.020 from obtaining or renewing a vehicle dealer certificate under 822.020 or a supplemental certificate under 822.040.

(5) DMV will not issue an original or renewal vehicle dealer certificate until such time as it is satisfied the applicant meets all requirements for issuance of a certificate found in ORS Chapter 822 and OAR chapter 735, division 150.

(6) DMV will not issue or renew a vehicle dealer certificate to an applicant whose business name is identical to or indistinguishable from an existing dealer name. DMV may consider geographic location and other factors at its discretion when determining the ability to distinguish between two similarly named dealerships.

(7) When DMV refuses to issue a vehicle dealer certificate, DMV will retain the fees submitted with the application to cover the cost of processing the application.

(8) An applicant who has been refused issuance of a vehicle dealer certificate is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.

(9) The refused applicant’s request for a hearing must be submitted in writing to and received by DMV within 60 days of the date of the refusal. A hearing request received in a timely manner will not result in issuance of a certificate, pending the outcome of the hearing. In the case of a refusal to renew, the dealer may continue to operate under the old certificate in accordance with ORS 183.430(1), pending the outcome of the hearing, except when the agency finds that such continued operation would constitute a serious danger to the public health or safety and extends the hearing request period to 90 days in accordance with ORS 183.430(2).

History

Statutory/Other Authority: ORS 184.619, 802.010, 822.035 & 822.050
Statutes/Other Implemented: ORS 822.050
DMV 1-2025, minor correction filed 01/22/2025, effective 01/22/2025
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 9-2017, f. & cert. ef. 5-25-17
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 6-1994, f. & cert. ef. 7-21-94
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 8-1991, f. & cert. ef. 7-19-91

Or. Admin. R. 735-150-0030 Dealer Location Regulations

(1) Except as permitted under section (2) of this rule, each business location established by a dealer must:

(a) Have sufficient space to display one or more vehicles of the type the dealer has been issued a certificate to sell;

(b) Provide a means for the public to contact the dealer or an employee of the dealer at all times during the dealer’s normal business hours;

(c) Display an exterior sign, permanently affixed to the land or a building, that identifies the dealership by the name printed on the vehicle dealer certificate, with letters clearly visible to the major avenue of traffic; and

(d) Display, in a publicly accessible and conspicuous manner, the vehicle dealer certificate.

(2) Where zoning or local ordinance prevent compliance, DMV may exempt a dealer from the requirements of subsections (1)(a), (b), or (c) of this rule if the dealer:

(a) Submits a written request for the exemption(s) to DMV documenting why an exemption should be granted;

(b) Agrees to an on-site inspection if required by DMV to determine the validity of the request and to seek reasonable alternatives to the exemption(s) requested; and

(3) The following apply to dealer locations, unless exempt under OAR 735-150-0020:

(a) A dealer must have a certificate or supplemental certificate for each location where the dealer sells or displays vehicles for sale. A dealer who uses a supplemental place of business, must have a supplemental certificate from DMV before business can be conducted at the supplemental location; and

(b) A dealer who moves a place of business or changes the business name must submit to DMV a completed and signed DMV Application to Correct Dealer/Rebuilder Vehicle Dealer Certificate and obtain a corrected dealer certificate before business can be conducted. The dealer must submit the application at least 3 days before the date of the move or name change.

(4) All locations from which a rebuilder conducts a “vehicle rebuilding business” as described in ORS 822.070 must be listed on an application for a vehicle dealer certificate as either the main business location or a supplemental business location. Each location must comply with the requirements of section (1) of this rule unless DMV grants the rebuilder an exemption under section (2) of this rule.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.025, 822.035, 822.040 & 822.045
Statutes/Other Implemented: ORS 822.020, 822.035 & 822.040
DMV 9-2017, f. & cert. ef. 5-25-17
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 10-1998, f.& cert. ef. 8-20-98
DMV 2-1996, f. & cert. ef. 4-18-96
MV 7-1987, f. & ef. 7-13-87, Renumbered from 735-071-0057

Or. Admin. R. 735-150-0031 Proof of Dealer Liability Insurance

(1) A dealer must maintain the insurance coverage required by ORS 822.033 during the period that insurance is required under ORS 822.020.

(2) Unless exempt under ORS 822.033, a dealer must maintain proof of a current, valid insurance policy that provides the insurance coverage required by ORS 822.033.

(3) Upon request by DMV, a dealer must provide to DMV proof of insurance required by subsection (1).

History

Statutory/Other Authority: ORS 184.619, 802.010 & 822.035
Statutes/Other Implemented: ORS 822.033 & 822.035
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 12-2017, f. & cert. ef. 7-24-17

Or. Admin. R. 735-150-0033 Display of Vehicles for Advertising

In addition to the requirements of ORS 822.040(4), to display a vehicle for advertising at a location other than a dealership, a dealer must meet the following requirements:

(1) Have a signed agreement with the owner of the property before a vehicle is displayed that includes all of the following:

(a) The beginning and ending date of the display, not to exceed 30 calendar days;

(b) The name, address and phone number of the dealer or dealership and the certificate number of the dealer’s main business location;

(d) A description of each vehicle to be displayed, including vehicle identification number, make, model and year;

(e) A signed and dated certification, stating that both the dealer and the property owner will abide by all applicable laws, rules and ordinances;

(f) The name, address and phone number of the business or property owner where a vehicle will be displayed. If a business, the business name must be the name registered with the Oregon Secretary of State; and

(g) The name of the signatory authorized to enter into agreements on behalf of the business or property owner.

(2) No more than five vehicles may be displayed on the property at the same time for advertising purposes. This total includes vehicles from any vehicle dealership.

(3) In addition to records required under OAR 735-150-0035, the dealer must maintain records that include copies of the agreement and notice required under ORS 822.040(4) and this rule. Records must be maintained at the business or property where vehicles are displayed for the duration of the agreement. Upon expiration of the agreement, records must be maintained for a period of two (2) years on the premises of the dealer’s main business location.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.009, 822.035 & 822.045
Statutes/Other Implemented: ORS 822.009, 822.030, 822.035 & 822.045
DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06

Or. Admin. R. 735-150-0035 Dealer Records

(1) The original records required to be maintained by dealers pursuant to all applicable provisions of ORS Chapter 822 and OAR chapter 735, division 150 or documenting compliance with any of these provisions, must be maintained for a period of two (2) years on the premises of the main business location. Where a dealer has an additional (or supplemental) location pursuant to a valid supplemental certificate, all original records required to be maintained for that particular location must be maintained for two (2) years either at the main business location or at the additional (or supplemental) location, at the option of the dealer. For good cause shown or upon a showing of a business necessity, DMV, in its sole discretion, may authorize a dealer to maintain its dealer records at a location within the State of Oregon other than that required by this section.

(2) In addition to the requirements described in section (1) of this rule, dealer records must be maintained for an additional three-year period in any location within the State of Oregon that is convenient for the dealer. During this three-year period the dealer may, at the dealer's option, maintain the original dealer records or an exact copy of the original records in hard copy, on film, or electronically. If first approved by DMV, an exact copy of the dealer's original records may be stored in some other manner during this three-year period.

(3) Dealer records subject to this rule must be maintained in a manner allowing for timely and efficient retrieval of any record requested by DMV or a police officer for inspection. DMV or a police officer may require that any record printed or completed in a language other than English be accompanied by a copy translated into English.

(4) DMV may inspect dealer records including books, contracts, documents, letters and records of any type, including electronic and paper records, of any certified vehicle dealer when DMV is investigating a potential violation of Oregon Vehicle Code.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.035 & 822.042
Statutes/Other Implemented: ORS 822.035, 822.042 & 822.045
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 10-2001, f. & cert. ef. 6-14-01

Or. Admin. R. 735-150-0037 Records; Satisfying Prior Interest; Providing Clear Title

This rule establishes the records vehicle dealers must maintain to comply with ORS 822.045(1) and OAR 735-150-0035.

(1) “Other primary ownership document” as used in ORS 822.045(1)(j), as amended by Chapter 21, Oregon Laws 2014, and this rule has the same meaning as set forth in OAR 735-020-0010.

(2) Vehicle dealers must satisfy the interest in a vehicle they purchase within 15 days of transfer or receipt of clear title pursuant to ORS 822.045(1)(j) and OAR 735-150-0035. To verify that they have complied with this requirement, dealers must maintain records that show:

(a) The date a vehicle consumer transferred any interest in a vehicle or camper to a dealer.

(b) The date a purchasing dealer receives clear title from another dealer on a vehicle or camper. This date is either the date:

(A) The purchasing dealer took physical possession of the certificate of title or other primary ownership document, including who it was received from; or

(B) Written notice was mailed by certified or registered mail, return receipt requested, to the purchasing dealer that the certificate of title was available for pickup at a time and place prearranged by the purchasing dealer and the dealer.

(A) The interest of any person from whom the dealer purchased or obtained the vehicle or camper;

(B) The interest of any person from whom a vehicle consumer leased the vehicle or camper; and

(C) Except as provided by 822.045(2), all security interests in the vehicle or camper entered into before the date of transfer.

(D) The interest of the dealer from which the purchasing dealer received the certificate of title or other primary ownership document.

History

Statutory/Other Authority: ORS 184.619, 802.010, 822.035, 822.042, 822.045 & 2014 OL Ch. 21
Statutes/Other Implemented: ORS 822.009, 822.035, 822.042, 822.045 & 2014 OL Ch. 21
DMV 39-2018, minor correction filed 09/24/2018, effective 09/24/2018
DMV 14-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 12-2014, f. & cert. ef. 10-28-14
DMV 4-2014(Temp), f. & cert. ef. 5-19-14 thru 11-14-14
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 20-2002, f. & cert. ef. 10-14-02

Or. Admin. R. 735-150-0039 Qualifications for Designation of Dealer as Agent

A dealer who possesses a valid Oregon vehicle dealer certificate issued or renewed pursuant to ORS 822.020 must meet the qualifications in section (1) through (3) of this rule in order to be appointed and to continue to act as DMV’s agent and to perform the duties permitted by OAR 735-150-0040(4):

(1) A dealer, including any principal if a corporation, partner if a partnership, or member if an LLC, must not:

(a) Be currently suspended as a vehicle dealer in Oregon;

(b) Have been convicted of any felony, including a conviction based on a plea of nolo contendere, in any jurisdiction within the prior 10 years;

(c) Have been convicted of any misdemeanor, including a conviction based on a plea of nolo contendere, in connection with selling or otherwise dealing in motor vehicles, or for fraud, identity theft, misrepresentation, forgery or conversion, in any jurisdiction within the prior 10 years;

(d) Have been found to have committed a violation of Oregon Vehicle Code, state or federal law, rule, or regulation related to fraud, misrepresentation, forgery or conversion within the prior 10 years; or

(e) Have been found liable in a civil action in which a judgment is issued for committing any act of fraud, conversion or misrepresentation within the prior 10 years.

(2) A dealer must remain in continued compliance with the provisions of ORS 822.025(3) and (5).

(3) A dealer, including any principal if a corporation, partner if a partnership, or member if an LLC, must not issue DMV a dishonored check or other form of non-negotiable payment.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.031, 822.035 & 822.042
Statutes/Other Implemented: ORS 822.020, 822.025, 822.035, 822.040, 822.042 & 822.045
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 20-2004, f. & cert. ef. 8-20-04

Or. Admin. R. 735-150-0040 Designation of Dealers as Agents

(1) Persons issued a dealer certificate under ORS 822.020 and who meet the qualifications set forth in OAR 735-150-0039, are designated as DMV’s agent pursuant to ORS 802.031 and may perform the duties of an agent as identified in section (4) of this rule.

(2) Snowmobile dealers and Class I, Class III and Class IV all-terrain vehicle dealers are designated as agents of DMV pursuant to ORS 802.031.

(3) DMV may impose sanctions against a dealer’s agent status as provided in OAR 735-150-0120.

(4) An agent of DMV may:

(a) Prepare, submit, or prepare and submit documents and collect fees necessary to title and register vehicles they sell, as provided in OAR 735-150-0050;

(b) Participate in DMV’s Electronic Vehicle Registration (EVR) program if approved under OAR 735-150-0041;

(c) Perform Level 1 VIN inspections on vehicles they sell, as provided in OAR 735-022-0070, when the vehicle has been registered or titled in another jurisdiction subject to the limitations of OAR 735-022-0070;

(d) Issue temporary registration permits for unregistered vehicles they sell, as provided in ORS 803.625 and OAR 735-150-0060;

(e) Issue trip permits for unregistered vehicles they sell, as provided for in OAR 735-150-0070 and 735-150-0080;

(f) Issue 10-day trip permits for registered vehicles they sell, as provided in ORS 803.600, OAR 735-150-0070, 735-150-0080 and 735-034-0010. When issuing a 10-day trip permit as described in this subsection, a vehicle dealer:

(A) Must ensure any Oregon registration stickers have been removed from the registration plates in accordance with ORS 803.600;

(B) May not issue more than two permits for the same motor vehicle; and

(C) Must require the person applying for the permit to submit proof that the vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and OAR 735-034-0010; and

(g) Except as provided under section (9) of this rule, prepare, submit, or prepare and submit documents and collect fees for transfers of registration plates, for vehicles they sell, in accordance with OAR 735-150-0050.

(5) A dealer who, on behalf of a purchaser, prepared, submitted, or prepared and submitted documents and collected fees necessary to title and register a vehicle and who then receives from DMV the registration plates, stickers or temporary registration for the vehicle, must ensure delivery of the items obtained to the purchaser. Within five working days of receipt from DMV, the dealer must:

(a) Deliver the items to the purchaser;

(b) Mail the items to the purchaser; or

(c) Advise the purchaser the items are at the dealership and, if the purchaser agrees, arrange to have the items picked up at the dealership.

(6) The dealer must document in the dealer’s records the actions taken by the dealer to notify the purchaser or to deliver the registration plates, stickers and temporary registration.

(7) No dealer may, as a result of a dispute between the purchaser and dealer or for any other reason, withhold registration plates or stickers or temporary registration from the purchaser.

(8) Designated agents must only charge title, registration or plate transfer fees in the amount authorized by Oregon Revised Statutes and Oregon Administrative Rule when collecting such fees on behalf of DMV.

(9) A dealer may not prepare, submit, or prepare and submit an application and collect fees for the transfer of plates under subsection (4)(g) of this rule if the dealer determines the plates the purchaser wants to transfer are not from a current issue of plates, are not customized plates described under ORS 805.240 or are not eligible for transfer under ORS 803.530.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.031, 803.530, 803.600, 803.625, 821.060 & 821.080
Statutes/Other Implemented: ORS 802.031, 803.565, 803.600, 803.602, 803.645, 821.060, 821.080, 822.005 & 822.080
DMV 27-2026, amend filed 08/13/2026, effective 08/13/2026
DMV 31-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 42-2018, amend filed 10/22/2018, effective 10/22/2018
DMV 1-2015, f. & cert. ef. 4-20-15
DMV 10-2011, f. 10-26-11, cert. ef. 1-1-12
DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 9-2004, f. & cert. ef. 5-24-04
DMV 28-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04
DMV 7-2000, f. & cert. ef. 8-10-00
DMV 13-1998, f. & cert. ef. 10-15-98
DMV 5-1998(Temp), f. & cert. ef. 4-30-98 thru 10-26-98
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 8-1991, f. & cert. ef. 7-19-91
MV 39-1989, f. & cert. ef. 10-3-89
MV 20-1986, f. & ef. 12-1-86, Renumbered from 735-071-0007
MV 2-1985, f. & ef. 1-30-85
MV 1-1984, f. & ef. 1-10-84
MV 4-1983, f. 10-5-83, ef. 10-15-83
MV 2-1983, f. 3-10-83, ef. 5-1-83

Or. Admin. R. 735-150-0041 Dealer Applications to Participate in the Electronic Vehicle Registration Program

(1) Dealers who wish to participate in the Electronic Vehicle Registration (EVR) Program must submit an application to a DMV-approved EVR Integrator. DMV Business Regulation will review all EVR applications, and except as described under section (3) of this rule, will approve all completed and signed applications.

(2) DMV may, at its discretion, conduct an inspection of the dealer’s business location(s) before approving an application. The scope of the inspection will include a review of the location(s) to determine whether there is adequate security for the storage of registration materials and the handling of confidential records.

(3) DMV may deny an application to participate in the EVR program for any of the following reasons:

(a) The dealer’s certificate has been in effect for less than 180 days of the date of application.

(b) Within one year of the date of application, DMV issued a correction notice to the dealer for any violation of the Oregon Vehicle Code or any rule adopted by DMV relating to vehicle dealers.

(c) The dealer’s certificate has been cancelled, suspended or subject to probation by DMV within 5 years of the date of application.

(d) The dealer has failed to pay any civil penalty imposed by DMV or the Oregon Department of Justice.

(e) The dealer is not currently qualified to act as DMV’s agent pursuant to OAR 735-150-0039.

(f) The dealer’s location failed to pass a business location inspection as described under section (2) of this rule. A dealer whose application is denied under this subsection may reapply after the dealer implements appropriate security measures or safeguards to the satisfaction of DMV.

(4) DMV will notify the appropriate EVR integrator of the outcome of the application review as set forth under this rule. The integrator will convey the outcome to the dealer-applicant. If the application was denied, the notification will give the basis and reason for the denial and the earliest date the dealer-applicant can reapply for the EVR program.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 802.031
Statutes/Other Implemented: ORS 802.031
DMV 1-2015, f. & cert. ef. 4-20-15

Or. Admin. R. 735-150-0042 Vehicle Consignments

For purposes of ORS 822.015 and 822.060, only a certified dealer who holds a vehicle dealer certificate issued or renewed under ORS 822.020 may take and sell vehicles on consignment from other jurisdictions.

History

Statutory/Other Authority: ORS 184.619, 802.010, 822.015, 822.060 & 822.094
Statutes/Other Implemented: ORS 822.015, 822.060 & 822.094
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 31-2009, f. 12-22-09, cert. ef. 1-1-10

Or. Admin. R. 735-150-0045 Special Rules Concerning Recreational Vehicle Dealers

(1) The purpose of this rule is to:

(a) Establish a process for issuing recreational vehicle (RV) show licenses and establish a fee for RV show licenses; and

(b) Clarify ORS 822.025(9) concerning maintenance of a service facility by RV dealers.

(2) Nothing in this rule is intended to limit or conflict with any other rule or law governing RV dealers.

(3) Definitions. As used in this rule and ORS 822.082 through 822.084:

(a) “Primary purpose” means that at least 51% of the RV service facility’s income-producing activity is derived from the service and repair of recreational vehicles, as shown by gross service receipts;

(b) “Prominently display” means clearly and conspicuously posted in plain view in the area most frequently visited by the public and legible at a distance of six feet or more. For example, the main entrance of an RV show or the main lobby of an RV dealer;

(c) “Recreational vehicle service facility” means a permanent facility listed on the vehicle dealer’s certificate and having the primary purpose of servicing and repairing RVs;

(d) “RV” means a recreational vehicle, as defined in ORS 174.101; and

(e) “Show license” means a license issued by DMV pursuant to ORS 822.084.

(4) Application for show license. The show organizer must submit an application for a show license to DMV, Business Regulation Section, no sooner than 60 days before the first day of the proposed show, and not later than 30 days before the first day of the proposed show. The show license application must be on a form provided by DMV and must include the following:

(a) The name, address and telephone number of the show organizer;

(b) The total number of days of the show, the date(s), location and times of the show;

(d) For each dealer displaying at the show the following information as listed in the dealer’s main location application:

(A) The name under which the business is conducted;

(B) The street address, city and county of the dealer;

(D) The expiration date of the dealer certification.

(e) That the show will include two or more recreational vehicle dealers, one of whose place of business as listed in the dealer’s main location application is located more than 50 miles from the site of the show and the number of dealers participating in the RV show;

(f) Whether or not the public will be charged an admission fee;

(g) A show license application may be amended to add or delete show participants, or to correct information if submitted to DMV Business Regulation Section no later than 30 days before the date of a prospective show. In the event a participant printed on a show license is unable to attend or withdraws from the show after the 30th day, the organizer must mark a line on the approved show license using black ink through the name of that participant.

(5) Issuance and Display of License. DMV will issue a show license to the organizer, authorizing the listed dealers to participate in the RV show if the application is complete, the fee established under ORS 822.700 is paid and all other requirements are met. The show license must be conspicuously posted at the main entrance to the RV show for each day of the show and must be available for inspection by DMV.

(6) Service Facility. Vehicle dealers that sell new RVs must maintain, within Oregon, a recreational vehicle service facility that has the primary purpose of servicing and repairing recreational vehicles. The location of the recreational vehicle service facility must be prominently displayed at the RV dealer’s sales site. In order to meet the requirement that the vehicle dealer “maintain” a recreational vehicle service facility, the dealer must own or lease the service facility and directly conduct the servicing and repair operation, without subcontracting.

History

Statutory/Other Authority: ORS 184.619, 802.010, 822.035, 822.040 & 822.084
Statutes/Other Implemented: ORS 184.619, 802.010, 822.035, 822.040 & 822.084
DMV 2-2021, minor correction filed 01/27/2021, effective 01/27/2021
DMV 1-2021, minor correction filed 01/27/2021, effective 01/27/2021
DMV 24-2013, f. 12-20-13, cert. ef. 1-1-14
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 26-2001, f. 12-14-01, cert. ef. 1-1-02

Or. Admin. R. 735-150-0047 Rules Concerning Dealer-Only Auctions

(1) For purposes of ORS 822.015(3), as amended by section 1, chapter 111, Oregon Laws 2015, and this rule, the follow definitions apply:

(a) “Certified dealer” has the same meaning as defined in OAR 735-150-0010.

(b) “Employee” for the purposes of this rule and as defined in OAR 735-150-0010 means a person over whom a dealer exercises the type of control typically associated with an employer, including but not limited to:

(A) Determining the frequency, method and amount of compensation;

(B) Determining whether the person’s work is continuous or intermittent;

(D) Retaining the ability to terminate the relationship.

(c) “Licensed dealer” for the purposes of this rule and as defined in OAR 735-150-0010 means a person who is currently licensed as vehicle dealer in another jurisdiction.

(d) “Vehicle auction” means a vehicle auction conducted by a certified dealer as authorized under ORS 822.015, in which only certified dealers, licensed dealers or their employees are permitted to participate.

(2) An employee of a certified or licensed dealer who wishes to participate in a vehicle auction must present proof to the certified dealer conducting the auction before the employee may participate in the auction. Proof that an individual is an employee as defined in section (1)(b) of this rule, includes but is not limited to any of the following:

(a) Written authorization issued from a certified or licensed dealer that names the individual as an employee and a copy of the authorizing dealer’s certificate or license, whichever is applicable. The copy must include the following:

(A) The dealer’s certificate or the dealer’s license, whichever is applicable;

(B) The business name under which the dealer is registered to do business and the street address and telephone number of the business;

(C) The business type of the dealer or dealership, for example, a sole proprietorship, partnership, limited liability company, corporation, etc.); and

(D) The name, address and phone number of an individual authorized by the dealer as the contact person for the dealer on any matter related to a dealer’s certificate or license.

(b) A current valid picture identification card issued by a certified dealer, licensed dealer, or a dealer registration identification business that maintains a database of vehicle dealers or dealer employees.

(c) Any other form of authorization, documentation or identification, sufficient to a vehicle auction or DMV that the individual is an employee. Information provided under this subsection is subject to verification by the auction or DMV by telephone, fax, or other electronic means.

(3) In addition to the proof described under section (2) of this rule, upon request of a vehicle auction or DMV, an employee must provide proof of personal identification. Proof of personal identification under this section includes, but is not limited to the following photo identification:

(a) A current valid driver license or identification card issued by Oregon or another jurisdiction;

(b) A current valid vehicle salesperson license or employee license, if required in the jurisdiction;

(d) Any other form of photo identification, sufficient to establish the identity of the individual to the satisfaction of a vehicle auction or DMV.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.015, 822.035 & 2015 Or. Laws & Ch. 111
Statutes/Other Implemented: ORS 822.015 & 2015 Or. Laws & Ch. 111
DMV 13-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 31-2009, f. 12-22-09, cert. ef. 1-1-10

Or. Admin. R. 735-150-0050 Preparation and Submission of DMV Documents and Fees

(1) A dealer who elects to submit DMV documents and fees necessary to title or register a vehicle, must submit them to DMV within 30 calendar days of the transfer of interest in the vehicle. This includes all fees and documents required to obtain title and, if applicable, registration on behalf of the purchaser.

(2) If a dealer does not elect to submit the DMV documents and fees necessary to title or register a vehicle, but instead allows the purchaser to submit the documents and fees, the dealer must within 25 calendar days of the date of transfer furnish to the new owner the title or other acceptable ownership documents. This includes all the documents needed to apply for title to the vehicle.

(3) Snowmobile dealers who sell snowmobiles that are subject to title and registration requirements must collect fees and submit to DMV title and registration applications on behalf of the purchaser. Class I ATV dealers who sell ATVs that are subject to title and registration requirements must collect fees and submit title and registration applications to DMV on behalf of the purchaser. If a snowmobile or Class I ATV being sold by a dealer is exempt from Oregon title and registration, section (2) of this rule applies.

(4) A dealer who does not comply with sections (1) or (2) of this rule must provide written notice of delay to all owners and parties of interest within 25 business days of the date of transfer of title or interest. The notice of delay must contain:

(a) The reason for the delay;

(b) The anticipated extent of the delay; and

(c) A statement of the rights and remedies available to the purchaser if the delay becomes unreasonably extended. DMV will consider "unreasonably extended" to mean 45 calendar days from the date of sale. The statement must inform the purchaser of his or her right to file complaint against the dealer with DMV if the delay goes beyond 45 days from date of purchase.

(5) A dealer must maintain records that show compliance with the requirements of this rule. If a dealer does not comply with the requirements of sections (1) or (2) of this rule, the dealer's records must contain sufficient documentation to establish that the dealer made a good faith effort to comply and that the dealer's inability to comply is due to circumstances beyond the dealer's control.

(6) A dealer must refund any collected fee that exceeds the appropriate fee within five (5) calendar days of discovery.

History

Statutory/Other Authority: ORS 184.616, 802.031, 821.060, 802.010, 821.080, 822.035 & 822.042
Statutes/Other Implemented: ORS 821.060, 821.080, 822.035 & 822.042
DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 1-1997, f. & cert. ef. 1-17-97
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 39-1989, f. & cert. ef. 10-3-89
MV 20-1986, f. & ef. 12-1-86, Renumbered from 735-071-0008
MV 1-1984, f. & ef. 1-10-84
MV 4-1983, f. 10-5-83, ef. 10-15-83
MV 2-1983, f. 3-10-83, ef. 5-1-83

Or. Admin. R. 735-150-0055 Dealer Document-Processing Fee; Inspection

(1) Dealers must implement procedures to ensure that any document processing fee charged to a vehicle purchaser does not exceed the amount authorized under ORS 822.043(4). Collected fees that exceed the authorized amount must be refunded to the vehicle purchaser within five (5) business days of discovery.

(2) DMV may inspect dealer records for compliance with ORS 822.043(4) and may refer information related to non-compliance to the Department of Justice, or any other enforcement agency.

History

Statutory/Other Authority: ORS 184.619, 802.010, 822.009, 822.035 & 822.045
Statutes/Other Implemented: ORS 822.009, 822.030, 822.035 & 822.045
DMV 24-2026, minor correction filed 06/25/2026, effective 06/25/2026
DMV 9-2015, f. 11-17-15, cert. ef. 1-1-16
DMV 25-2010, f. 12-22-10, cert. ef. 1-1-11
DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06
DMV 26-2001, f. 12-14-01, cert. ef. 1-1-02
DMV 22-2001(Temp), f. & cert. ef. 10-17-01 thru 4-14-02

Or. Admin. R. 735-150-0060 Issuance of Temporary Registration Permits

(1) A designated dealer who collects and submits title and registration fees to DMV on behalf of a purchaser may issue a temporary registration permit as provided for in ORS 803.625 for:

(a) A vehicle or camper that the dealer sells, pending receipt of permanent registration plates from DMV.

(b) A motor vehicle being sold that is subject to the pollution control equipment requirements under ORS 815.295 and does not have proof of compliance with the requirements. A dealer issuing a temporary registration permit under this section must provide the purchaser of the vehicle a written notice that includes the information described in ORS 803.625(3).

(2) A temporary registration permit issued under section (1) of this rule may not be issued unless all applicable title, registration and plate transfer fees have been collected and a title and registration application is submitted to DMV by the dealer on behalf of the purchaser.

(3) Temporary registration permits must be obtained in bulk from the Salem DMV Headquarters, 1905 Lana Avenue NE, Salem, OR 97314. There is no charge for temporary registration permits. A designated dealer may not charge a fee for the issuance of a temporary registration permit.

(4) Temporary registration permits are valid for a period not to exceed 90 consecutive days from the date they are issued or until plates and, if applicable, stickers are received from DMV and placed on the vehicle, whichever occurs first. A dealer may not extend the expiration date of a temporary registration permit or issue a subsequent permit to extend the registration period of the initial permit.

(5) A designated dealer must comply with the following requirements when issuing temporary registration permits:

(a) Legibly complete each temporary registration permit with the following information:

(A) The name and address of the person(s) or business registering as the owner(s) of the vehicle. The name and address must only be recorded on the issuer's copy and DMV's copy of the permit and must not be recorded on the purchaser's (windshield) copy of the permit;

(B) The driver license number and the state of issuance for the person(s) registering as the owner(s) of the vehicle, unless the person does not have a driver license or the permit is issued to a business. The driver license number must only be recorded on the issuer's copy and DMV's copy of the permit and must not be recorded on the purchaser's (windshield) copy of the permit;

(D) A written signature of the employee who issued the permit. Initials are not acceptable;

(E) The effective date and expiration date of the permit. The permit must only be issued for a period not to exceed 90 consecutive days, including the effective date of the permit;

(F) Dealer certificate number; and

(G) The title fee and registration fee collected on behalf of DMV.

(b) Submit DMV's copy of the temporary registration permit with the application for title and registration.

(c) At the time of issuance, notify an owner who pays a plate transfer fee under section (1) of this rule to not attach the registration plates from their previous vehicle to the vehicle or camper sold by the dealer before receiving an updated registration card from DMV.

(6) To be valid, the owner's (window) copy of a temporary registration permit must be affixed to the vehicle for which the permit is issued as specified by DMV on the permit.

(7) The Issuer’s copy of the temporary registration permit must remain attached in the temporary registration permit book. Once all permits have been issued from a book, the book and issuer’s copies must be returned to DMV.

(8) Alteration of a temporary registration permit will automatically void the permit.

(9) When a temporary registration permit is voided for any reason, the owner's (window) copy and Issuer’s copy of the permit, together with a written explanation about why the permit was voided, must be placed in the book and must be returned to DMV as described in section (7) of this rule. If either copy of the permit is unavailable for submission to DMV, a written explanation as to why the copy is unavailable must be included with the book.

(10) Except as permitted in section (11) of this rule, temporary registration permits (or books of permits) may not be loaned to another dealer or person or issued for vehicles sold by another dealer or individual.

(11) A dealer, who delivers a vehicle to a purchaser and submits applications and fees for title and registration in the purchaser's name on behalf of another dealer who sold the vehicle to the purchaser, may issue a temporary registration permit for the vehicle as provided by this rule. The application and supporting documents must accurately reflect the name and address of the dealer who sold the vehicle. The temporary registration permit must show the name and dealer number of the issuing dealer, and the words "Delivery Only" must be clearly written on the DMV and Issuer's copies of the permit.

(12) If a dealer issues a temporary permit in accordance with subsection (1)(a) of this rule and then later discovers that the vehicle is subject to subsection (1)(b) of this rule, the dealer must send the required written notice to the purchaser within seven calendar days of the discovery.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.031, 803.625, 803.640 & 822.035
Statutes/Other Implemented: ORS 803.625
DMV 4-2026, amend filed 03/12/2026, effective 03/20/2026
DMV 42-2018, amend filed 10/22/2018, effective 10/22/2018
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 23-2002, f. & cert. ef. 11-18-02
DMV 7-2000, f. & cert. ef. 8-10-00
DMV 3-2000(Temp), f. & cert. ef. 4-24-00 thru 10-20-00
DMV 10-1998, f. & cert. ef. 8-20-98
DMV 9-1995, f. & cert. ef. 8-18-95
MV 6-1989, f. & cert. ef. 1-27-89
MV 20-1986, f. & ef. 12-1-86, Renumbered from 735-071-0011
MV 1-1984, f. & ef. 1-10-84
MV 4-1983, f. 10-5-83, ef. 10-15-83
MV 2-1983, f. 3-10-83, ef. 5-1-83

Or. Admin. R. 735-150-0070 When Trip Permits May Be Issued by Dealers

(1) Pursuant to ORS 803.600, OAR 735-034-0010 through 735-034-0040 and this rule, a designated dealer may issue light vehicle and recreational vehicle trip permits for the vehicles they sell providing:

(a) The vehicle purchaser or lessee is not subject to Oregon registration requirements and must operate the vehicle over Oregon highways to leave the state.

(b) The vehicle is to be driven directly to a Department of Environmental Quality (DEQ) inspection station in order to receive a certificate of compliance with pollution control equipment before applying for registration;

(c) The vehicle is to be driven directly to a DMV office or a law enforcement agency for a vehicle identification number inspection (VIN); or

(d) The dealer is not submitting the application for transfer of title and registration on behalf of the purchaser or lessee and the purchaser or lessee must operate the vehicle until they can get to a DMV office.

(e) This subsection does not apply to 10-day trip permits.

(2) In addition to the trip permits described in section (1) of this rule, a vehicle dealer may issue 10-day trip permits for vehicles they sell providing:

(a) Before issuance, the dealer ensures the Oregon registration stickers have been removed in accordance with ORS 803.565;

(b) The dealer complies with all applicable provisions of ORS 803.600 and OAR 735-034-0010 through 735-034-0040;

(c) The dealer is not submitting the application for transfer of title and registration on behalf of the purchaser or lessee and the purchaser or lessee must operate the vehicle until they can get to a DMV office;

(d) The 10-day permits are issued specifically for the purpose of registering the vehicle. For purposes of ORS 803.600 and this section, “registering the vehicle” means authorization to operate a vehicle to obtain:

(A) Title, registration or new registration stickers from DMV; or

(B) A (VIN) inspection or DEQ inspection before DMV may issue title, registration or new registration stickers as described under this subsection.

(3) Trip permits must be purchased in bulk in advance from DMV's Salem headquarters office.

(4) A designated dealer may charge and retain a fee for a trip permit issued by the dealer but may not charge more than the fee provided in ORS 803.645 for the permit.

(5) Each trip permit is valid for a period of consecutive days; 21 days for a light vehicle trip permit and 10 days for a recreational vehicle trip permit and a 10-day trip permit. Each permit is effective from the date it is issued to midnight on the date of expiration.

(6) The issuance of trip permits under this rule is limited as follows:

(a) No more than one light vehicle or recreational vehicle trip permit may be issued under subsection (1)(a), (c) or (d) of this rule in any 12-month period for any one vehicle unless all registered owners are replaced with new owners;

(b) No more than two light vehicle trip permits may be issued under subsection (1)(b) of this rule in any 12-month period for any one vehicle unless all registered owners are replaced with new owners; and

History

Statutory/Other Authority: ORS 184.616, 184.619, 803.600 & 822.035
Statutes/Other Implemented: ORS 803.565, 803.600, 803.602 & 803.645
DMV 9-2004, f. & cert. ef. 5-24-04
DMV 28-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04
DMV 8-2002, f. & cert. ef. 4-12-02
DMV 28-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
DMV 10-1998, f. & cert. ef. 8-20-98
DMV 2-1996, f. & cert. ef. 4-18-96
MV 13-1991, f. 9-18-91, cert. ef. 9-29-91
MV 4-1989, f. & cert. ef. 1-3-89
MV 20-1986, f. & ef. 12-1-86, Renumbered from 735-071-0012
MV 1-1984, f. & ef. 1-10-84
MV 4-1983, f. 10-5-83, ef. 10-15-83
MV 2-1983, f. 3-10-83, ef. 5-1-83

Or. Admin. R. 735-150-0080 Requirements for Issuing Trip Permits

Designated dealers must comply with the following requirements when issuing trip permits:

(1) Each copy of the trip permit must be completed with the following information:

(a) Name, address, driver license number and state of issue of the person issued the permit. A recreational vehicle trip permit must only be issued to the owner of the vehicle listed on the permit. This information may not be displayed on the (window) copy of the permit;

(b) If the applicant does not have a driver license or if the permit is issued to a business, nothing will be displayed on the purchaser's (window) copy of the permit to identify to whom the permit was issued. The name and address information is recorded on all other copies of the permit;

(d) A written signature, including the full first and last name of the employee who issued the permit;

(e) Dealer certificate number;

(f) The effective date and expiration date of the permit; and

(g) The applicant’s signature certifying:

(A) The insurance company name and policy number for the motor vehicle; and

(B) The motor vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and will continue to be covered as long as the permit is valid.

(2) Except as specified in section (3) of this rule, DMV's copy of the trip permit must be mailed or delivered to DMV within seven (7) days of the date the permit was issued.

(3) Alteration of the effective date, ownership information or vehicle description will automatically void a trip permit. When a trip permit is voided for any reason, the purchaser's (window) copy and DMV's copy of the permit and a written explanation about why the permit was voided must be mailed or delivered to DMV on the date the permit is voided. A refund of the prepaid permit fee will be made if DMV is satisfied that the permit was properly voided and not used for operation of the vehicle. If either copy of the permit is unavailable for submitting to DMV, the explanation must state why the copy is unavailable.

(4) The remaining (issuer’s) copy of the trip permit must be retained by the dealer.

(5) Trip permits (or books of permits) may not be loaned to another dealer or individual or issued for vehicles sold by another dealer or individual.

(6) Unused trip permits may be returned to DMV for a refund of fees paid.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 803.600
Statutes/Other Implemented: ORS 803.600, 803.601, 803.602, 803.605, 803.610, 803.615, 803.625, 803.630, 803.635, 803.640, 803.645 & 803.650
DMV 31-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 7-2005, f. & cert. ef. 2-16-05
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 8-2002, f. & cert. ef. 4-12-02
DMV 28-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
DMV 10-1998, f. & cert. ef. 8-20-98
MV 13-1991, f. 9-18-91, cert. ef. 9-29-91
MV 2-1989, f. & cert. ef. 1-3-89
MV 20-1986, f. & ef. 12-1-86, Renumbered from 735-071-0215

Or. Admin. R. 735-150-0105 Late Renewal of Dealer Certificate

(1) An application to renew a dealer certificate will not be considered late if the dealer submits an application for renewal within 15 days of the date that the previous certificate expired, and the application is submitted with all applicable fees and a surety bond in effect during that 15-day period.

(2) An application to renew a dealer certificate is late, and subject to the late payment charge under ORS 822.700(6), if the dealer submits:

(a) An application not later than 45 days after the previous certificate expired and the application is submitted with all applicable fees; and

(b) A surety bond in effect during that 45-day period.

(3) A dealer who continues business operations 45 days after their certificate has expired is in violation of ORS 822.005 and is subject to civil penalties under OAR 735-150-0170.

(4) Except for the late payment fee under ORS 822.700, DMV may waive or reduce a penalty described under this rule if the dealer provides DMV with written documentation that shows mitigating circumstances prevented the dealer from renewing their certificate on time. Mitigating circumstances DMV may consider include:

(a) The dealer took action to renew the certificate on a date reasonably calculated to complete the process in a timely manner; and

(b) The delay in renewal was due to circumstances beyond the dealer’s ability to control.

History

Statutory/Other Authority: ORS 183.430, 184.619, 802.010, 802.370, 803.600, 803.625, 821.060, 821.080, 822.005 - 822.080 & 822.700
Statutes/Other Implemented: ORS 822.020 & 822.700
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 24-2013, f. 12-20-13, cert. ef. 1-1-14
DMV 20-2004, f. & cert. ef. 8-20-04
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93

Or. Admin. R. 735-150-0110 Dealer Offenses Subject to Civil Penalty or Sanction

In addition to any other penalties provided by law, a dealer will be subject to the civil penalties or sanctions in OAR 735-150-0120 to 735-150-0140 if the dealer:

(1) Allows or assists a person who is not an employee of the dealer to imply or represent an affiliation with the vehicle dealership in order to engage in any activity pursuant to ORS 822.005.

(2) Fails to submit all taxes or fees due this state or another jurisdiction in connection with the sale or transfer of a vehicle.

(3) Signs a name or allows any other person to sign a name of the owner, security interest holder, or lessor on a certificate of title, salvage title or any motor vehicle document used by DMV in the transfer of title without first obtaining a properly signed Power of Attorney. This section does not apply to a dealer who as an owner, security interest holder or lessor signs their own name on a certificate of title, salvage title or any motor vehicle document used by DMV in the transfer of title.

(4) Purchases, sells, disposes of or has in the dealer’s possession, any vehicle that the dealer knows or with reasonable diligence should have known has been stolen or appropriated without the consent of the owner.

(5) Fails to comply with state or federal laws, rules or regulations pertaining to the construction or safety of motor homes, trailers or campers.

(6) Buys, sells, receives, disposes of, conceals or has in the dealer’s possession any vehicle or component from which an identification number has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the vehicle.

(7) Violates any provision of state or federal law, rule or regulation concerning odometer tampering, repair, readings or notices.

(8) Prints or produces or causes to be printed or produced any certificate of title or certificate of registration without authority, or holds or uses any such certificate or assignment knowing that it has been printed or purchased without authority.

(9) Commits any offense specified in ORS 822.045.

(10) Acts as a vehicle dealer anytime between the day DMV receives notice of cancellation of bond or insurance and the day the vehicle dealer presents proof to DMV of another bond or certificate of insurance.

(11) Issues a temporary registration permit to a person not domiciled in Oregon or who is otherwise not subject to or eligible for Oregon registration.

(12) Fails to notify DMV on a form or in a format approved by DMV within seven (7) calendar days of receipt of a vehicle in inventory, that a vehicle has been transferred to the dealer.

(13) Fails to immediately remove registration plates from vehicles registered in other jurisdictions that are in the dealer’s inventory. The dealer may retain the plates until the vehicle is sold.

(14) Fails to destroy registration plates removed from vehicles registered in other jurisdictions at the time of sale if the vehicle is to be titled in Oregon or in a jurisdiction other than that in which the vehicle was previously registered. If the vehicle will be re-registered in the former jurisdiction, the plates may be placed back on the vehicle following the sale.

(15) Completes or allows an employee to complete a DMV Vehicle Identification Number (VIN) Inspection form without physically inspecting the vehicle for its vehicle identification number.

(16) Sells a vehicle of a type not authorized by the dealer’s certificate.

(17) Fails to comply with any provision of ORS 822.060 through 822.065 concerning consignment sales.

(18) Fails to comply with any provision of ORS 822.040(4) or OAR 735-150-0033 concerning the display of a vehicle at a location other than the dealer’s place of business for the purpose of advertising.

(19) Provides brokerage services and fails:

(a) To provide the written disclosure described in ORS 822.047(2);

(b) To provide the written statement described in ORS 822.047(3); or

(20) Knowingly makes a false statement of material fact in:

(a) An application for a dealer certificate, a dealer certificate renewal or attachments thereof;

(b) An application to Correct Dealer/Rebuilder Vehicle Dealer Certificate (DMV Form 735-371);

(d) Any DMV document.

(21) Commits a felony by violating ORS 822.605.

(22) Fails to maintain records described in OAR 735-150-0050(5) or fails to make those records available to DMV, law enforcement personnel or investigators of the Oregon Department of Justice upon their request.

(23) Fails to comply with the requirements of the Oregon Vehicle Code with reference to notices or reports of the transfer of vehicles or campers.

(24) Allows or permits the unlawful use of any certificate or registration plate.

(25) Falsely certifies under ORS 822.033 that the dealer is exempt from filing a certificate of insurance as required by ORS 822.020.

(26) Fails to maintain the insurance coverage described in OAR 735-150-0031(1).

(27) Fails to pay a civil penalty assessed by DMV.

History

Statutory/Other Authority: ORS 184.619, 802.010, 802.370, 803.600, 803.625, 821.060, 821.080 & 822.035
Statutes/Other Implemented: ORS 822.005 - 822.080
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 40-2018, amend filed 10/22/2018, effective 10/22/2018
DMV 12-2017, f. & cert. ef. 7-24-17
DMV 9-2017, f. & cert. ef. 5-25-17
DMV 13-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 14-2015, f. 12-17-15, cert. ef. 1-1-16
DMV 31-2009, f. 12-22-09, cert. ef. 1-1-10
DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 18-2002, f. & cert. ef. 9-20-02
DMV 10-1998, f. & cert. ef. 8-20-98
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 39-1989, f. & cert. ef. 10-3-89
MV 1-1988, f. & cert. ef. 1-5-88, Renumbered from 735-071-0003
MV 7-1987, f. & ef. 7-13-87
MV 7-1982, f. & ef. 3-3-82
MV 4-1981, f. 4-1-81, ef. 4-10-81
Reverted to MV 3-1980, f. 2-15-80, ef. 4-1-80
Suspended by MV 5-1980(Temp), f. & ef. 4-2-80
MV 3-1980, f. 2-15-80, ef. 4-1-80

Or. Admin. R. 735-150-0120 Sanctions

(1) DMV may impose sanctions when it determines that a dealer has violated any provision of the Oregon Vehicle Code or rules adopted by DMV relating to:

(a) The operation of a vehicle dealership;

(b) Providing brokerage services; or

(2) Sanctions imposed may be against any or all of the following:

(a) A vehicle dealer’s certificate;

(b) A dealer’s status as DMV’s agent; or

(3) Factors DMV may consider in determining the sanctions to impose include:

(a) The severity of a violation or its impact on the public;

(b) The number of similar or related violations;

(d) The history of all sanctions, civil penalties and oral or written warnings issued or imposed by DMV against the dealer or principals of the dealership.

(4) If DMV determines that a sanction is warranted, the type of sanction imposed may include one or more of the following:

(a) Probation under conditions set by DMV pertaining to the dealer’s authority to act as an agent of DMV for up to one (1) year;

(b) Suspension of the dealer’s authority to act as an agent of DMV for up to one (1) year;

(d) Probation under conditions set by DMV, for up to three (3) years;

(e) Probation of the dealer’s authority to use Electronic Vehicle Registration (EVR) under conditions set by DMV, for up to one year.

(f) Suspension of the dealer’s authority to use Electronic Vehicle Registration (EVR) and right to apply as an EVR dealer for up to three years.

(g) Permanent revocation of the dealer’s authority to use Electronic Vehicle Registration (EVR).

(h) Suspension of the dealer’s vehicle dealer certificate and the right to apply for a certificate for up to three (3) years including the right to renew the certificate until the period of suspension has been served;

(i) Permanent revocation of the dealer’s vehicle dealer certificate;

(j) Cancellation of the dealer’s vehicle dealer certificate;

(k) Suspension of the right of a principal of a dealership to apply for a vehicle dealer certificate for a different vehicle-related business or in a different business name for up to three (3) years;

(L) Permanent revocation of the right of a principal of a dealership to apply for a vehicle dealer certificate for a different vehicle-related business or in a different business name;

(m) Immediate suspension as provided in ORS 183.430(2).

(n) For failure to comply with OAR 735-150-0110(27), concerning failure to pay a penalty assessed by DMV:

(A) Suspension of the dealer’s vehicle dealer certificate and the right to apply for a certificate for a maximum of six (6) years including the right to renew the certificate or until the civil penalty is paid in full; and

(B) Suspension of the right of a principal of a vehicle dealership to apply for a vehicle dealer certificate for a different vehicle-related business or in a different business name for a maximum of six (6) years or until the civil penalty is paid in full.

(5) A dealer or principal whose vehicle dealer certificate or privileges have been placed on probation, suspended, canceled or revoked is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.

(6) Except as provided for in sections (7) and (8) of this rule, a dealer’s request for a hearing must be submitted in writing to, and received by DMV within 20 days of the date of the notice of penalty. A hearing request received in a timely manner will result in a withdrawal of the penalty, pending the outcome of the hearing.

(7) In the instance of an immediate suspension as provided by, ORS 183.430(2) a dealer’s request for a hearing must be submitted in writing to, and received by DMV within 90 days of the date of notice of suspension. A hearing request received in a timely manner will not result in a withdrawal of the suspension, pending the outcome of the hearing.

(8) In the instance of cancellation as provided by ORS 822.050(2) or (3) for failure to satisfy the bond or insurance requirements established by 822.030 and 822.033, a dealer’s request for a hearing must be submitted in writing to, and received by DMV within 90 days of the date of the notice of cancellation. A hearing request received in a timely manner will not result in a withdrawal of cancellation, pending the outcome of the hearing.

(9) When a timely request for a hearing is not received, the dealer will have defaulted, waived the right to a hearing and DMV’s file will then constitute the record of the case.

History

Statutory/Other Authority: ORS 183.430, 184.619, 802.010, 802.370, 803.600, 803.625, 821.060, 821.080 & 822.005 - 822.080
Statutes/Other Implemented: ORS 822.050
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 40-2018, amend filed 10/22/2018, effective 10/22/2018
DMV 9-2017, f. & cert. ef. 5-25-17
DMV 1-2015, f. & cert. ef. 4-20-15
DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06
DMV 20-2004, f. & cert. ef. 8-20-04
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 22-1991, f. 9-27-91, cert. ef. 9-29-91
MV 8-1991, f. & cert. ef. 7-19-91
MV 7-1987, f. & ef. 7-13-87, Renumbered from 735-071-0013
MV 1-1984, f. & ef. 1-10-84
MV 4-1983, f. 10-5-83, ef. 10-15-83
MV 2-1983, f. 3-10-83, ef. 5-1-83

Or. Admin. R. 735-150-0130 Civil Penalty Consideration; Certified Vehicle Dealers

(1) A dealer, who violates any provision of the Oregon Vehicle Code or any rule adopted by DMV relating to vehicle dealers, the operation of a vehicle dealership, providing brokerage services or vehicle title and registration, may incur, in addition to any other penalty or sanction provided by law, a civil penalty in an amount of not more than $1,000 for each violation.

(2) DMV will assess a penalty amount determined by DMV to be appropriate for the particular violation. In determining an appropriate penalty amount, DMV may use the schedule set forth in OAR 735-150-0140 as a guideline and may consider the following:

(a) The severity of the violation or its impact on the public;

(b) The number of similar or related violations;

(d) The prior history of all civil penalties and sanctions imposed by DMV against the dealer or principals of the dealership;

(e) The number of violations compared to the volume of transactions at the dealership; or

(f) Other circumstances determined by DMV to be applicable to the particular violation.

(3) If DMV and a dealer enter into settlement discussions, DMV may review the criteria in section (2) of this rule and do any or all of the following:

(a) Impose a sanction as provided in OAR 735-150-0120;

(b) Waive or modify the civil penalty amount; or

(4) DMV will refuse to issue a dealer certificate or renewal certificate under ORS 822.020 if a civil penalty imposed under a final order issued by DMV has not been paid, or if the dealer is in default on an active civil penalty payment plan. This section applies to civil penalties that were assessed within the six years immediately preceding the date of an application for a dealer certificate or renewal certificate.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 822.035
Statutes/Other Implemented: ORS 183.430, 822.009, 822.045 & 822.050
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 9-2017, f. & cert. ef. 5-25-17
DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 8-2000, f. & cert. ef. 8-10-00
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 22-1991, f. 9-27-91, cert. ef. 9-29-91

Or. Admin. R. 735-150-0140 Schedule of Civil Penalties for Certified Dealers

(1) Failure to comply with any provision of OAR 735-150-0030(1), (2) and (4), concerning dealer location regulations:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(2) Failure to comply with the provisions of OAR 735-150-0030(3) concerning dealer location regulations:

(a) For the first violation: $500;

(b) For the second and subsequent violation(s): $1,000.

(3) Failure to comply with OAR 735-150-0040(5), (6) or (7), concerning delivery of the registration plates, stickers or temporary registration to the purchaser of a vehicle:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(4) Failure to comply with any provision of OAR 735-150-0050, concerning submission of DMV documents and fees on behalf of a purchaser:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(5) Failure to comply with any provision of OAR 735-150-0060, concerning issuance of temporary registration permits:

(a) For the first violation: warning;

(b) For the second violation: $50;

(d) For the fourth and subsequent violation(s): $250.

(6) Failure to comply with any provision of OAR 735-150-0070, concerning trip permits issued by dealers:

(a) For the first violation: warning;

(b) For the second violation: $50;

(d) For the fourth and subsequent violation(s): $250.

(7) Failure to comply with any provision of OAR 735-150-0080, concerning requirements for issuing light vehicle or recreational vehicle trip permits:

(a) For the first violation: warning;

(b) For the second violation: $50;

(d) For the fourth and subsequent violation(s): $250.

(8) Failure to comply with OAR 735-150-0110(1), prohibiting a dealer from allowing a person not employed by the dealership to engage in dealer activity:

(a) For the first violation: $250;

(b) For the second violation: $500;

(9) Failure to comply with OAR 735-150-0110(2), concerning failing to submit all taxes and fees:

(a) For the first violation: $250;

(b) For the second violation: $500;

(10) Failure to comply with OAR 735-150-0110(3), concerning a dealer who signs the name or allows any other person to sign the name of an owner, security interest holder or lessor on title or transfer documents without a Power of Attorney:

(a) For the first violation: $500;

(b) For the second and subsequent violation(s): $1,000.

(11) Failure to comply with OAR 735-150-0110(4), concerning dealing in stolen vehicles: $1,000 for the first and subsequent violation(s).

(12) Failure to comply with OAR 735-150-0110(6), concerning altered vehicle identification numbers: $1,000 for the first and subsequent violation(s).

(13) Failure to comply with OAR 735-150-0110(7), concerning odometers, except violations of ORS 815.410, 815.420 and 815.430:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(14) Violation of ORS 815.410, 815.420 and 815.430, concerning odometer tampering and notices: $1,000 for the first and subsequent violation(s).

(15) Failure to comply with OAR 735-150-0110(8), concerning fraudulent title or registration documents: $1,000 for the first and subsequent violation(s).

(16) Failure to comply with OAR 735-150-0110(10), concerning acting as a vehicle dealer any time between the day DMV receives notice of cancellation of bond or insurance and the day the vehicle dealer presents proof to DMV of another bond or certificate of insurance:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(17) Violation of ORS 822.045(1)(d), (e), (j) or (k) or OAR 735-150-0039: $1,000 for the first and subsequent violation(s).

(18) Failure to comply with OAR 735-150-0110(11), concerning issuance of temporary registration permits to persons not eligible:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(19) Failure to comply with OAR 735-150-0110(12), concerning failure to notify DMV of a vehicle transferred to the dealer:

(a) For the first violation: warning;

(b) For the second violation: $50;

(d) For the fourth violation: $250;

(e) For the fifth and subsequent violation(s): $500.

(20) Failure to comply with OAR 735-150-0110(13), concerning failure to remove foreign registration plates:

(a) For the first violation: warning;

(b) For the second violation: $50;

(d) For the fourth and subsequent violation(s): $250.

(21) Failure to comply with OAR 735-150-0110(14), concerning failure to destroy foreign registration plates:

(a) For the first violation: warning;

(b) For the second violation: $50;

(d) For the fourth and subsequent violation(s): $250.

(22) Failure to comply with OAR 735-150-0110(15), concerning the physical inspection of vehicle identification numbers:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(23) Failure to comply with OAR 735-150-0110(16), concerning the sale of vehicles of a type not authorized by the dealer certificate:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(24) Failure to comply with ORS 822.060(1)(a), (b), (c), (e), (h) or (i), concerning consignment sales:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(25) Violations of ORS 822.060(1)(d), (f) or (g) or 822.065, concerning consignment sales:

(a) For the first violation: $500;

(b) For the second and subsequent violation(s): $1,000.

(26) Failure to comply with OAR 735-150-0110(20) concerning making a false statement of material fact:

(a) For the first violation: $500;

(b) For the second and subsequent violation(s): $1,000.

(27) Any violation of the Oregon Vehicle Code or OAR chapter 735 not otherwise classified in this rule:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(28) Violations of OAR 735-150-0035 concerning dealer records:

(a) For the first violation: warning;

(b) For the second violation: $500;

(29) Violations of OAR 735-150-0045 and, ORS 822.082 through 822.084 concerning special rules and statutory provisions for RV dealers:

(a) For a certified dealer or person acting as a show organizer that conducts a show without a license:

(A) For the first violation: $250;

(B) For the second violation: $500;

(b) For failing to display a show license at a show:

(A) For the first violation: $250;

(B) For the second violation: $500;

(c) For a certified dealer or person acting as a show organizer that fails to include a dealer in a show license application:

(A) For the first violation: $250;

(B) For the second violation: $500;

(d) For selling a new RV without maintaining a service facility:

(A) For the first violation: $250;

(B) For the second violation: $500;

(e) For selling a new RV while maintaining a service facility that is not primarily engaged in the service and repair of RVs:

(A) For the first violation: $250;

(B) For the second violation: $500;

(f) For failing to prominently display the location of the dealer’s service facility at a sales facility or RV show:

(A) For the first violation: Warning;

(B) For the second violation: $500;

(g) For subcontracting a service facility rather than directing the service operation:

(A) For the first violation: $250;

(B) For the second violation: $500;

(h) For a certified dealer or person acting as a show organizer that conducts a show beyond the scope of the show license. For example, for additional days or hours:

(A) For the first violation: $250;

(B) For the second violation: $500;

(i) For submitting an application that contains a false statement or omission of material fact:

(A) For the first violation: $250;

(B) For the second violation: $500;

(j) Except as otherwise provided in OAR 735-150-0140, the following apply for any violation of OAR 735-150-0045 and ORS 822.082 to 822.084:

(A) For the first violation: $250;

(B) For the second violation: $500;

(30) Violation of OAR 735-150-0055 concerning vehicle dealer document processing fees:

(a) For the first violation: $250;

(b) For the second violation: $500;

(31) Violation of OAR 735-150-0037 concerning records; satisfying prior interest; providing clear title:

(a) For the first violation: Warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(32) Violation of OAR 735-150-0110(24), concerning the unlawful use of any certificate or registration plate:

(a) For the first violation: $100;

(b) For the second violation: $500;

(d) For the fourth and subsequent violation(s): $1,000.

(33) Failure to comply with any provision of ORS 822.047 or OAR 735-150-0110(19), concerning the requirements for providing brokerage services:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(34) Violations of OAR 735-150-0033 and, ORS 822.040(4) concerning the display of a vehicle at a location other than the dealers place of business for the purpose of advertising:

(a) For the first violation: Warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(35) Except as otherwise provided in this rule, failure to comply with any provision of ORS 822.045:

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(36) Failure to maintain the insurance coverage described in OAR 735-150-0031 (1):

(a) For the first violation: warning;

(b) For the second violation: $250;

(d) For the fourth and subsequent violation(s): $1,000.

(37) Violation of OAR 735-150-0110(21) and ORS 822.605 concerning false swearing relating to regulation of a vehicle dealer business: $1,000 for the first and subsequent violation(s).

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 822.009 & 822.035
Statutes/Other Implemented: ORS 822.009, 822.035 & 822.045
DMV 2-2018, minor correction filed 01/23/2018, effective 01/23/2018
DMV 12-2017, f. & cert. ef. 7-24-17
DMV 9-2015, f. 11-17-15, cert. ef. 1-1-16
DMV 3-2014, f. & cert. ef. 5-19-14
DMV 24-2005, f. 11-18-05, cert. ef. 1-1-06
DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 18-2002, f. & cert. ef. 9-20-02
DMV 26-2001, f. 12-14-01, cert. ef. 1-1-02
DMV 22-2001(Temp), f. & cert. ef. 10-17-01 thru 4-14-02
DMV 10-2001, f. & cert. ef. 6-14-01
DMV 8-2000, f. & cert. ef. 8-10-00
DMV 2-1999, f. & cert. ef. 2-19-99
DMV 12-1998(Temp), f. & cert. ef. 9-14-98 thru 3-12-99
DMV 12-1998(Temp), f. & cert. ef. 9-14-98
DMV 10-1998, f. & cert. ef. 8-20-98
DMV 2-1996, f. & cert. ef. 4-18-96
DMV 6-1994, f. & cert. ef. 7-21-94
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 22-1991, f. 9-27-91, cert. ef. 9-29-91

Or. Admin. R. 735-150-0160 Civil Penalty Considerations; Acting as a Dealer Without a Certificate

Any person not issued a vehicle dealer certificate under ORS 822.020, who violates ORS 822.005(1) or any DMV rule relating to the sale of vehicles, will incur, in addition to any other penalty provided by law, a civil penalty not to exceed $5,000 for each vehicle:

(1) DMV will assess penalties in accordance with the schedule set forth in OAR 735-150-0170.

(2) DMV may evaluate the appropriateness of the amount of a civil penalty assessed in individual cases during settlement discussions and may agree to payment of an amount other than originally assessed. In making such an evaluation, DMV may consider:

(a) The severity of the violation or its impact on the public;

(b) The number of similar or related violations;

(d) Any other consideration DMV deems appropriate.

(3) DMV will refuse to issue a dealer certificate or renewal certificate under ORS 822.020 if a civil penalty imposed under a final order issued by DMV has not been paid, or if the dealer is in default on an active civil penalty payment plan. This section applies to civil penalties that were assessed within the six years immediately preceding the date of an application for a dealer certificate or renewal certificate.

History

Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 822.005 & 822.009
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 9-2017, f. & cert. ef. 5-25-17
DMV 20-2004, f. & cert. ef. 8-20-04
DMV 2-2002, f. & cert. ef. 2-15-02
DMV 30-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
DMV 6-1994, f. & cert. ef. 7-21-94
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 22-1991, f. 9-27-91, cert. ef. 9-29-91

Or. Admin. R. 735-150-0170 Schedule of Violation Penalties, Unlicensed Dealer

(1) In addition to any other penalty provided by law, the following civil penalty schedule applies to persons acting as a vehicle dealer without a current dealer certificate, including a dealer who sells a vehicle while the dealer’s certificate is expired, suspended, cancelled, or revoked.

(2) This schedule does not apply to a person or dealer exempt from dealer certification requirements pursuant to ORS 822.015.

(3) Civil penalties under this schedule are assessed as follows:

(a) For the first offense: $2,500 per vehicle;

(b) For the second and subsequent offenses: $5,000 per vehicle.

(4) DMV may reduce a civil penalty assessed under subsection (3)(a) of this rule if:

(a) The person or dealer files with DMV a completed dealer application that meets Oregon requirements for licensure within 30 days of the date of notice of imposition of civil penalty for acting as an unlicensed dealer; or

(b) A hearing is requested and held in accordance with ORS Chapter 183, and within 30 days of issuance of a final order upholding the penalty, the person files with DMV a completed dealer application that meets Oregon requirements for licensure.

(5) In addition to any other outstanding requirements, DMV will refuse to issue a dealer certificate or renewal certificate under ORS 822.020 if a civil penalty imposed under a final order issued by DMV has not been paid, or if the dealer is in default on an active civil penalty payment plan. This section applies to civil penalties that were assessed within the six years immediately preceding the date of an application for a dealer certificate or renewal certificate.

History

Statutory/Other Authority: ORS 184.619, 802.010 & 822.020
Statutes/Other Implemented: ORS 822.009
DMV 33-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 2-2002, f. & cert. ef. 2-15-02
DMV 30-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
DMV 10-1998, f. & cert. ef. 8-20-98
DMV 6-1994, f. & cert. ef. 7-21-94
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 22-1991, f. 9-27-91, cert. ef. 9-29-91

Or. Admin. R. 735-150-0190 Contested Case Hearings and Disposition

(1) The Business Regulation Section of DMV may, in accordance with ORS 183.417(3), make an informal disposition of any contested case prior to the conclusion of any hearing, resulting from a sanction or civil penalty assessed under OAR chapter 735, division 150. This disposition may include a stipulation, agreed settlement, consent order or default order.

(2) An informal disposition by stipulation, agreed settlement or consent order must be in writing, signed by any party to the contested case and incorporated into the final order.

(3) The administrative law judge presiding at a contested case hearing may not adjust the amount of a civil penalty imposed by DMV under OAR 735-150-0130 or 735-150-0160.

History

Statutory/Other Authority: ORS 183.430, 184.616, 184.619, 802.010 & 803.625
Statutes/Other Implemented: ORS 183.417 & 822.005 - 822.080
DMV 20-2004, f. & cert. ef. 8-20-04
Reverted to DMV 8-2000, f. & cert. ef. 8-10-00
DMV 30-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02
DMV 8-2000, f. & cert. ef. 8-10-00
DMV 10-1998, f. & cert. ef. 8-20-98
MV 19-1992, f. 12-23-92, cert. ef. 1-1-93
MV 9-1992, f. & cert. ef. 8-17-92
MV 22-1991, f. 9-27-91, cert. ef. 9-29-91

Or. Admin. R. 735-150-0205 Liquidation of Dealer Inventory Upon Closure of Dealership

(1) Upon the closure of any vehicle dealership, a dealer, or former dealer:

(a) Must immediately provide DMV Business Regulation Section a complete inventory of all vehicles in possession of the dealer, or former dealer, at the time of closure. The inventory must be in writing and must include, a description of each vehicle including; vehicle identification number, vehicle make, model and year. The inventory list must be submitted with a written plan to DMV to liquidate the vehicles and a proposed time frame in which to do so; and

(b) Is strictly prohibited from adding to, or making a sale from the inventory in anyway other than as described in subsection (2) of this rule.

(2) Upon the written approval of the DMV Business Regulation Section, all vehicles listed as inventory under section (1) of this rule must be liquidated by one of the following means:

(a) The wholesale of the vehicles to another certified dealer, or by consignment to a certified auto auction authorized to wholesale vehicles to other dealers; or

(b) Titling a limited number of vehicles in the name of the former dealer, subject to the requirements of ORS 822.015; or

(3) A dealer or former dealer described under this rule must maintain a record of all vehicles that are liquidated including:

(a) The date and specific method(s), as described under section (2) of this rule, used to liquidate each vehicle;

(b) If a vehicle is liquidated to another dealer, or certified auto auction, the name, certificate number and address of each dealer or auction to whom the vehicle was liquidated; and

(d) This section also applies to inventoried vehicles that are not liquidated because they are subject to flooring agreements and have, or will be returned or surrendered to the financial institution or manufacturer holding an inventory financing security interest.

History

Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 822.035
Statutes/Other Implemented: ORS 822.035
DMV 20-2004, f. & cert. ef. 8-20-04

Or. Admin. R. 735-150-0250 Lien Claimant Records; Notification of Sale

(1) Purpose. This rule establishes the requirements, form and retention period for lien claimant records pursuant to ORS 822.093. The rule also specifies how a lien claimant will notify DMV of the sale of a subject vehicle.

(2) Definitions. For purposes of ORS 822.093, OAR 735-150-0260 and this rule:

(a) “Owner” means any individual(s) or business shown in the records of DMV as having an ownership interest in a subject vehicle.

(b) “Subject vehicle” means a vehicle:

(A) Sold by a lien claimant to foreclose a possessory lien;

(B) For which a Certificate of Title or salvage title is issued by DMV pursuant to ORS 87.152(3); or

(C) Acquired by a lien claimant through a possessory lien foreclosure that is sold or offered for sale by the lien claimant.

(3) Records. A lien claimant who sells or offers for sale a subject vehicle, or who obtains an Oregon Certificate of Title or salvage title from DMV for a subject vehicle, must maintain records sufficient to establish that subject vehicles were acquired by the lien claimant as the result of a possessory lien. The following records must be maintained:

(a) A signed and dated copy of an original tow notification, repair order, an impound form from law enforcement or other similar form or document showing how the lien claimant acquired possession of the subject vehicle, or a written record that identifies the person or entity that authorized the lien claimant to take possession of the subject vehicle (e.g. specific law enforcement agency, business, etc.) and the time and date of contact.

(b) A signed and dated copy of an original claim or notice of possessory lien, a notice of foreclosure sale form applicable to the possessory lien or similar form or document showing the owner of the vehicle was notified of the possessory lien;

(c) A signed and dated copy of the DMV certificate of possessory lien foreclosure form applicable to the possessory lien as specified in OAR 735-020-0012 for each subject vehicle; and

(d) A bill of sale, if applicable.

(4) Retention. Records required under this rule must be retained for a period of five (5) years by the lien claimant:

(a) For an individual, at a location that complies with section (5) of this rule;

(b) For a business, including the holder of a current valid towing business certificate issued under ORS 822.205, for a period of five years; two years on the premises of the main business location or at a supplemental location of the lien claimant if the vehicle is sold to foreclose a possessory lien, or if a Certificate of Title or salvage title is issued for the vehicle to foreclose a possessory loan, and an additional three-year period at any location within the State of Oregon that is convenient for the lien claimant; or

(5) Maintenance; Form. Lien claimant records must be maintained in a manner allowing for timely and efficient retrieval of any record requested by DMV for inspection. Records maintained under this rule must be the original records or an exact copy of the original records and may be maintained in hard copy, on film, or by electronic means. DMV may require that any record printed or completed in a language other than English be accompanied by a copy translated into English.

(6) Notice to DMV. A lien claimant must notify DMV within 10 days of the sale or transfer of interest of a subject vehicle by submitting to DMV:

(a) A completed and signed Notice of Sale or Transfer of Vehicle (DMV Form 6890), if the subject vehicle is covered by an Oregon title; or

(b) A completed and signed Notice of Lien Foreclosure; Sale or Transfer of Vehicle (DMV Form 6890A), if the subject vehicle is not covered by an Oregon title.

History

Statutory/Other Authority: ORS 184.619, 803.097, 822.035, 822.042, 822.093 & 802.010
Statutes/Other Implemented: ORS 87.166, 87.172, 87.176 - 206, 90.425, 90.675, 98.805, 98.810, 98.812, 98.818, 98.830, 803.097, 809.720, 811.555, 811.570, 819.110, 819.120, 819.160, 819.230, 822.035, 822.042, 822.045, 822.093, ORS 87.152 & 87.162
DMV 21-2019, amend filed 10/22/2019, effective 11/01/2019
DMV 3-2019, minor correction filed 01/30/2019, effective 01/30/2019
DMV 10-2004, f. 5-24-04, cert. ef. 6-1-04
DMV 26-2003(Temp), f. & cert. ef. 12-15-03 thru 6-11-04

Or. Admin. R. 735-150-0260 Civil Penalty Consideration, Lien Claimant Records

(1) In addition to any other penalty or sanction provided by law, a lien claimant who violates any provision of ORS 822.093 or OAR 735-150-0250 relating to lien claimant records may incur a civil penalty in an amount not to exceed $1,000 for each violation. DMV will assess a penalty amount determined by DMV to be appropriate for the particular violation. In determining an appropriate penalty amount DMV may use the schedule set forth in section (2) of this rule as a guideline and may consider the following criteria:

(a) The severity of the violation or its impact on the public;

(b) The number of similar or related violations;

(d) The prior history of penalties imposed by DMV against the lien claimant;

(e) The number of violations compared to the volume of transactions by the lien claimant; or

(f) Other circumstances determined by DMV to be applicable to the particular violation.

(2) Pursuant to ORS 822.093, DMV may impose a civil penalty for failure to comply with any provision of OAR 735-150-0250, concerning lien claimant records:

(a) For first offense: warning;

(b) For second offense: $250;

(d) For fourth and subsequent offense: $1,000.

(3) Prior to the issuance of a final order, DMV may reassess the civil penalty amount and may agree to payment of an amount less than that assessed in the Notice of Imposition of Civil Penalty, after review of:

(a) The criteria listed in section (1) of this rule; and

(b) Any explanatory information provided to DMV.

History

Statutory/Other Authority: ORS 184.619, 803.097, 822.035, 822.042 & 822.093
Statutes/Other Implemented: ORS 87.152, 87.162, 87.166, 87.172, 87.176 - 206, 90.425, 90.675, 98.805, 98.810, 98.812, 98.818, 98.830, 803.097, 809.720, 811.555, 811.570, 819.110, 819.120, 819.160, 819.230, 822.035, 822.042, 822.045 & 822.093
DMV 4-2019, minor correction filed 01/30/2019, effective 01/30/2019
DMV 10-2004, f. 5-24-04, cert. ef. 6-1-04
DMV 26-2003(Temp), f. & cert. ef. 12-15-03 thru 6-11-04

Division 152 DISMANTLERS

Or. Admin. R. 735-152-0000 Definitions

As used in ORS chapters 822.100 to 822.150 and this division the following definitions apply:

(1) “Acquires,” “acquired” or “acquisition” means to take physical possession of a motor vehicle together with possession of the vehicle’s ownership record.

(2) “Applicant” means a person that applies for the issuance or renewal of a dismantler certificate under ORS 822.110, 822.125 and these division 152 rules.

(3) “Cancellation” means the annulment or termination under these rules of a dismantler certificate.

(4) “Certificate of sale” has the same meaning as defined in ORS 801.183.

(5) “Conspicuously display” as used in ORS 822.133 means letters, numbers or symbols, posted on both sides of the mobile motor vehicle crusher that are:

(a) Six inches or larger in a color that contrasts to the background;

(b) Clearly visible from at least 50 feet in daylight, and readable and easily understood by the public; and

(6) “Date of sale” means the date that a purchaser takes possession of a major component purchased from a dismantler.

(7) “Destroy” has the same meaning as defined in ORS 822.133.

(8) “Dismantler” has the same meaning as defined in ORS 801.236.

(9) “Dismantle” means one or more major component parts are removed from a motor vehicle acquired by a dismantler.

(10) “Dispose” or “disposed of” means a motor vehicle acquired by a dismantler that is transferred to another person or is dismantled or destroyed.

(11) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(12) “Dollar amount” means the amount paid for a catalytic converter or a specific group of catalytic converters.

(13) “Employee” means a person over whom a dismantler exercises the type of control typically associated with an employer, including:

(a) Determining the frequency, method and amount of compensation;

(b) Determining whether the person’s work is continuous or intermittent;

(d) Retaining the ability to terminate the relationship.

(14) “Fire response plan” means a document containing the components listed in OAR 735-152-0005(1)(a)(D) and 735-152-0005(2)(a)(D).

(15) “Main business location,” “primary business location,” or “place of business” as used in ORS 822.100 to 822.150 and these rules, means the location identified and listed as the dismantler’s main business location on the current business certificate application and does not include a supplemental location or temporary location as defined in sections (25) and (26) of this rule.

(16) “Major component part” has the same meaning as defined in ORS 822.137.

(17) “Mobile motor vehicle crusher” has the same meaning as defined in ORS 822.133.

(18) “Primary ownership document” or “ownership record,” as used in ORS 822.135, has the same meaning as “primary ownership” record as defined in 801.402 and includes the primary ownership documents described in OAR 735-020-0010 or an abandoned vehicle certificate described in 735-024-0077.

(19) “Person” means an individual, partnership, corporation, association, or any other business organization if the context in which the term is used could also include these organizational forms.

(20) “Principal” means any owner, partner of a partnership, corporate officer, proprietor of a sole proprietorship, LLC member, or other person who controls the business entity.

(21) “Probation” means a period of time specified by DMV that a dismantler may continue to operate, but only under terms or conditions established by DMV.

(22) “Revocation” means the voiding and termination of a dismantler certificate or a principal’s right to apply for a dismantler certificate under these rules.

(23) “Sanction” means an action taken by DMV against a dismantler’s certificate, or the principal of a dismantler business, for non-compliance with Oregon law or DMV rule related to dismantlers or the operation of a dismantler business.

(24) “Suspension” means the temporary withdrawal of the authority to act as a dismantler.

(25) “Supplemental location,” “supplemental place of business,” or “additional place of business” as used in ORS 822.100 to 822.150 and these rules, means a location identified and listed on the dismantler’s supplemental business location(s) business application and does not include a temporary location or the dismantler’s primary business location approved by DMV to operate under the same business name as the primary business location.

(26) “Temporary location” as used in ORS 822.133 and these rules, means a location other than a dismantler’s main business location or supplemental location, at which a dismantler may operate, for a period of 15 consecutive business days or less, a mobile motor vehicle crusher to render motor vehicles into crushed motor vehicles.

(27) “Vehicle Business” includes vehicle dealers as defined in OAR 735-150-0010, dismantlers, towing businesses, vehicle transporters and repair shops.

(28) “Violation” means any violation of Oregon law or a DMV rule applicable to a dismantler issued a certificate or any person engaged in dismantling activities.

(29) “Warning” means a documented warning or correction notice issued to a principal or employee of a dismantler business.

(30) “Wrecked vehicle” has the same meaning as defined in ORS 822.133.

(31) “Written report” means DMV Form 270, Vehicle Dismantler’s Notice and the original ownership record for the vehicle.

History

Statutory/Other Authority: ORS 184.619, 802.010, 822.125, 822.133, 822.137 & 822.145
Statutes/Other Implemented: ORS 822.100, 822.105, 822.110, 822.115, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.140, 822.145 & 822.150
DMV 18-2022, minor correction filed 12/14/2022, effective 12/14/2022
DMV 32-2021, amend filed 11/23/2021, effective 11/23/2021
DMV 37-2019, amend filed 12/17/2019, effective 01/01/2020
DMV 9-2017, f. & cert. ef. 5-25-17
DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 13-2008, f. & cert. ef. 6-23-08
DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08
DMV 4-2006, f. & cert. ef. 5-25-06
DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06
MV 10-1991, f. & cert. ef. 8-20-91
MV 7-1987, f. & ef. 7-13-87

Or. Admin. R. 735-152-0005 Dismantler Application

(1) Initial and Supplemental Applications: In addition to the requirements under ORS 822.110, an applicant for a dismantler certificate must submit the following to the DMV Business Regulation Section:

(a) A completed and signed Application for Dismantler Certificate (DMV Form 735-373) that includes:

(A) A certification that the dismantler’s business complies with the building, enclosure or barrier requirements under ORS 822.135(1)(f), (h) and (k) and OAR 734-040-0030;

(B) Valid government-issued photo identification for each principal as defined in OAR 735-152-0000(19);

(D) A fire response plan for each business location for which the applicant seeks certification. DMV will approve a fire response plan that contains:

(i) Procedures for reporting an incident to emergency fire-fighting resources;

(ii) Procedures for notifying people on the premises of the protocol for reporting an incident and emergency evacuation, and alerting people on the premises to a current emergency;

(iii) Procedures for emergency evacuation, including a diagram or map of evacuation routes and the occupancy assembly point;

(iv) A diagram or map of the routes of fire department vehicle access; and

(v) A diagram or map of fire hydrant locations, if any, at or within 500 feet of the dismantler’s premises.

(E) A description of any applicable permits that are required by the Oregon Department of Environmental Quality, including identifying permit requirements for each location if the dismantler has supplemental locations; and

(F) If the applicant is a corporation, firm or partnership, the Oregon business registry number assigned by the Secretary of State, Corporation Division.

(b) All applicable fees; and

(2) Renewal Applications: In addition to the requirements under ORS 822.115 and ORS 822.125, an applicant for renewal of a dismantler certificate must submit the following to the DMV Business Regulation Section:

(a) A completed and signed DMV Application for Dismantler Certificate (DMV Form 735-373) that includes:

(A) A certification that the dismantler’s business complies with the building, enclosure or barrier requirements under ORS 822.135(1)(f), (h) and (k) and OAR 735-040-0030;