Oregon Bulletin
Rule
Caption: Repeal Obsolete Rules —
References in DMV Documents, SSN, Financial Responsibility Hearing,
Probationary Permit.
Adm.
Order No.: DMV 13-2011
Filed with Sec. of
State: 12-22-2011
Certified to be
Effective: 12-22-11
Notice Publication
Date: 11-1-2011
Rules Repealed: 735-001-0030, 735-016-0080, 735-050-0090, 735-064-0085
Subject: DMV has repealed the following four rules as they were
no longer needed.
• OAR
735-001-0030 was adopted in 1985 and amended in 1988 to establish that if a
reference to a statute or rule that had been renumbered was on any DMV document
with the old reference, then it actually referred to the current statute
number. After twenty plus years this rule is no longer needed as all rules,
orders, forms, etc. have been updated to reflect the correct statute or rule
number.
• OAR
735-016-0080 was adopted in 1999 establishing that DMV may request a social
security number of a person requesting a driver license, identification card or
vehicle transaction for purposes of establishing identity or residency or
domicile in Oregon. However ORS 807.021 now requires proof of a person’s social
security number on all driver license, driver permit and identification card
transactions for purposes of establishing identity, if one has been assigned by
the Social Security Administration. DMV does not use a social security number
in determining residency or domicile and is removing this requirement from the
form used by applicants. Therefore OAR 735-016-0080 was no longer necessary.
• OAR
735-050-0090 was adopted to implement ORS 809.450. DMV proposes to repeal the
rule because the requirements of ORS 809.450 are non-ambiguous and do not
require an administrative rule for clarification.
• OAR
735-064-0085 was adopted in 2002 when ORS 807.270 was amended to change the
length of time a probationary permit is valid. The rule was no longer necessary
because the transition has been completed since all permits issued prior to the
law change have expired.
Rules Coordinator: Lauri Kunze—(503) 986-3171
Rule
Caption: Amends DMV Rules Pertaining to
Oregon Low-Emission Vehicle Program Standards.
Adm.
Order No.: DMV 14-2011
Filed with Sec. of
State: 12-22-2011
Certified to be
Effective: 1-1-12
Notice Publication
Date: 11-1-2011
Rules Amended: 735-030-0330
Subject: Pursuant to ORS 803.350, DMV must deny registration to
new motor vehicles, with 7,500 miles or less that do not meet Oregon DEQ rules,
adopted under OAR Chapter 340 as the Oregon Low Emission Vehicle Program
(Oregon LEV standards).
On April 21,
2011, DEQ amended OAR 340-257-0060, which sets forth the exemptions from the
Oregon LEV standards. ORS 803.350(8) requires that DMV rules be consistent with
the DEQ rules. To be consistent with OAR 340-257-0060, DMV has amended OAR
735-030-0330 to exempt from the registration requirements for Oregon LEV
standards, vehicles purchased by Oregon residents while assigned to active
government service, outside the State of Oregon.
The exemption
previously applied to vehicles purchased by
Oregon residents while assigned to active military service, outside the State
of Oregon.
Rules Coordinator: Lauri Kunze—(503) 986-3171
735-030-0330
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.
Stat. Auth: ORS 184.616, 184.619,
802.010 & 803.350
Stats. Implemented: ORS 803.350
Hist.: DMV 15-2007, f. 12-24-07,
cert. ef. 1-1-08; DMV 14-2011, f. 12-22-11, cert. ef. 1-1-12
Rule
Caption: Amendment specifies what
constitutes proof that an applicant is qualified to receive disabled veteran
plates.
Adm.
Order No.: DMV 15-2011
Filed with Sec. of
State: 12-22-2011
Certified to be
Effective: 1-1-12
Notice Publication
Date: 11-1-2011
Rules Amended: 735-040-0030
Subject: Disabled veteran registration plates are part of a
special registration program available to qualified disabled veterans pursuant
to ORS 805.100. The registration is permanent with a one-time registration fee
and no renewal fees.
ORS 805.100(2)
specifies who qualifies as a disabled veteran entitled to receive disabled
veteran registration [emphasis]. The statute authorizes DMV to accept a letter
from the U.S. Department of Veteran’s Affairs (VA) or a branch of the U.S.
Armed Forces as proof the person is a disabled veteran.
OAR 735-040-0030
specifies the information an applicant must submit to DMV as proof the
applicant is qualified to receive disabled veteran registration plates.
Previously proof was a letter issued by the U.S. Department of Veterans Affairs
or branch of the U.S. Armed Forces indicating the applicant meets the
requirements of ORS 805.100. Because the statute requires that the veteran be
honorably discharged, DMV has only accepted letters that indicate an honorable
discharge as proof of eligibility to receive disabled veteran registration.
Recently, DMV
learned from the Oregon Department of Veterans Affairs that under federal law,
service-related disability benefits are only granted by the VA to veterans
discharged or released under honorable conditions. USC Title 38, Part II, §1110.
Letters issued by the VA or military branch may or may not contain specific
discharge information. Therefore, DMV amended OAR 735-040-0030 to specify that
DMV will accept as proof that an applicant is qualified to receive disabled
veteran registration under ORS 805.100, any letter, including a DD214 form,
issued by the VA or branch of the U.S. Armed Forces that indicates the
applicant received a service-related disability, regardless of whether the
letter specifically shows an honorable discharge.
Rules Coordinator: Lauri Kunze—(503) 986-3171
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.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 805.100
Stats. Implemented: ORS 805.100
Hist.: MV 27-1987, f. & ef.
10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-100-0050; MV
22-1989, f. & cert. ef. 10-3-89; DMV 6-1996, f. & cert. ef. 8-15-96;
DMV 2-1998, f. & cert. ef. 2-19-98; DMV 16-2006, f. & cert. ef.
11-17-06; DMV 15-2011, f. 12-22-11, cert. ef. 1-1-12
Rule
Caption: Social Security Number
Requirements, Proof of Legal Presence and Applicant Temporary Permits.
Adm.
Order No.: DMV 16-2011
Filed with Sec. of
State: 12-22-2011
Certified to be
Effective: 1-1-12
Notice Publication
Date: 10-1-2011
Rules Amended: 735-062-0005, 735-062-0010, 735-062-0015,
735-062-0032, 735-062-0033, 735-062-0120, 735-062-0125, 735-070-0010
Subject: DMV amended OAR 735-062-0005 to require an applicant
to provide his or her SSN on the application form and if that number is
verified, then no further proof of the SSN is necessary. DMV also amended this
rule to allow additional documents as proof of an SSN for issuance of a
temporary applicant permit when a SSN cannot be verified because the SSN was
issued using a nickname or there is a mistake in the SSA record. In those
cases, the temporary applicant permit is issued to give the person the
opportunity to contact the SSA to correct any discrepancy so that DMV will be
able to verify the SSN.
For proof of
legal presence under ORS 807.021, DMV must verify certain documents through the
Department of Homeland Security (DHS) Systematic Alien Verification for
Entitlements (SAVE) Program. DHS has notified DMV that documents marked in a
certain way cannot be verified through the SAVE program. DMV amended OAR
735-062-0015 to specify that documents marked in this way are not acceptable as
proof of legal presence. DMV also repealed a provision in this rule allowing
DMV to determine through means other than SAVE that a specific type of document
is valid proof of the person’s legal presence in the United States, as after
two and a half years experience with documents and SAVE, there is no purpose
for such a provision.
Previously, DMV
could issue an applicant temporary driver permit under ORS 807.310 or an
applicant temporary identification card under ORS 807.405 for 90 days and
provide one 60-day extension. DMV has learned that it does, at times,
legitimately take longer than 150 days for a person to get the needed
documentation. For instance, to receive a birth certificate from another
state’s vital record department, to have a delayed birth certificate issued to
a person born at home 75 years ago or for a person to receive the necessary
replacement permanent resident card often takes longer than 150 days. HB 2139
amends ORS 807.310 and 807.405 to authorize DMV to issue an applicant temporary
driver permit or identification card for 90 days, to extend that term twice for
an additional 180 days and gives DMV authority to further extend the term of a
permit as provided by rule. DMV amended OAR 735-062-0032 and 735-062-0033 to
implement this authority, and to describe the necessary requirements for an
additional extension.
The amendments
proposed to OAR 735-062-0010, 735-062-0120, 735-062-0125 and 735-070-0110 are
to be consistent with the changes in OAR 735-062-0005. Other changes are made
for
clarity.
Rules Coordinator: Lauri Kunze—(503) 986-3171
735-062-0005
SSN — Requirements for
Collection and Verification of SSN or Proof of Ineligibility for a SSN
(1) When a person who is eligible for a SSN applies for
any original, renewal or replacement driver license, driver permit or
identification card, the person must provide his or her SSN on the application
form.
(2) A person who applies for any original, renewal or
replacement non-commercial driver license or driver permit or identification
card and claims to be ineligible for a SSN must provide proof that he or she is
not eligible for a SSN. A person may prove his or her ineligibility for a SSN
by presenting documents issued by the SSA, the Department of Homeland Security
or other federal agencies or federal courts, which demonstrate that the person
is not eligible to be assigned a SSN by the SSA. The person must also certify
that he or she is ineligible for 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 applicant is a citizen or permanent legal resident of the United
States whose 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) Before issuing a temporary applicant permit as
provided in OAR 735-062-0032 or 735-062-0033, DMV will require proof of the
person’s SSN if the SSN provided on the application is not verified as
described in section (3) of this rule. Proof that the SSN is the one assigned
to the person by the SSA may include, but is not limited to, one or more of the
following documents:
(a) Social Security Card or other SSA documentation;
(b) Income tax form filed with the Internal Revenue
Service or a state tax agency;
(c) Employment document;
(d) Military document (DD214); or
(e) Any document containing full social security number
acceptable as proof of legal presence or identity and date of birth as listed
in OAR 735-062-0015 or 735-062-0020.
(5) DMV will not issue, renew or replace any driver
license, driver permit or identification card, except as provided in OAR
735-062-0032 and 735-062-0033, unless:
(a) The applicant has proved his or her legal presence
in the United States as provided in OAR 735-062-0015, and DMV has verified the
applicant’s SSN as provided in section (3) of this rule; or
(b) If the applicant claims to be ineligible for a SSN,
the applicant has proved his or her ineligibility for a SSN as provided in
section (2) of this rule and his or her legal presence in the United States as
provided in OAR 735-062-0015. DMV will not issue, renew or replace a commercial
driver license or commercial driver permit to an applicant who claims to be
ineligible for a SSN.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 807.021 & 807.050
Stats. Implemented: ORS 802.200,
807.021, 807.022 & 807.050
Hist.: MV 6-1990, f. & cert.
ef. 4-2-90; DMV 11-1995, f. & cert. ef. 11-15-95; DMV 19-2003, f. 12-15-03
cert. ef. 1-1-04; DMV 2-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08;
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 27-2008, f. 12-15-08, cert. ef.
1-1-09; DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
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.
(2) A person 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 (7) of this
rule;
(b) Provide a verifiable SSN or proof that the person
is not eligible for a SSN as provided in OAR 735-062-0005;
(c) Provide proof of legal presence as provided in OAR
735-062-0015;
(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.
(e) Provide proof of the person’s identity and date of
birth as provided in OAR 735-062-0020; and
(f) 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
issued by another jurisdiction must surrender that license 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 his or her possession, and must agree that the license will be
surrendered to DMV if found.
(5) Applicants for an identification card must
personally apply at a DMV office to receive an identification card.
(6) All identification cards must include a photograph
of the cardholder.
(7) 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 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.
(8) An identification card of a United States citizen
or permanent legal resident with a February 29 birth date expires:
(a) On February 29 if the expiration year is a leap
year; or
(b) On March 1 if the expiration year is not a leap
year.
(9) 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.
(10) After determining that an applicant has met all
requirements under this rule and has provided proof of legal presence in the
United States on a temporary basis, as described in OAR 735-062-0015(4), DMV
will issue a limited term identification card and mail it to the address
provided by the applicant at the time of the application.
(11) 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.
(12) 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.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 807.021, 807.040, 807.050 & 807.400
Stats. Implemented: ORS 807.021,
807.022 & 807.400
Hist.: MV 14-1987, f. 9-21-87, ef.
9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0003; MV
19-1990, f. 12-17-90, cert. ef. 1-1-91; DMV 12-2000, f. & cert. ef.
9-21-00; DMV 24-2001, f. 12-14-01, cert. ef. 1-1-02; DMV 5-2007, f. 5-24-07,
cert. ef. 8-1-07; DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08;
DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 25-2009, f. 12-22-09, cert. ef.
1-1-10; DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
735-062-0015
Proof of Legal Presence
(1) Except as provided in OAR 735-062-0032 and
735-062-0033, a person who applies for any original, renewal or replacement
driver permit, driver license, or identification card must provide valid documentary
proof that the person is a citizen or permanent legal resident of the United
States or is otherwise legally present in the United States in accordance with
federal immigration laws, unless the person’s DMV record shows DMV has
previously verified the person’s SSN and shows that the person is a citizen or
permanent legal resident of the United States. The documents provided must be
either original or certified copies.
(2) Documents acceptable as proof of U.S. citizenship
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) U.S. Consular Report of Birth Abroad (FS-240).
(c) U.S. government-issued Certification of Report of
Birth (DS-1350 or FS-545).
(d) 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).
(3) Documents acceptable as proof of permanent legal
residence in the U.S include, but are not limited to: Resident Alien card;
Permanent Resident card (I-551); or a Permit to Re-Enter (I-327).
(4) Documents acceptable as proof that a person is not
a citizen or permanent legal resident of the United States but is legally
present in the United States on a temporary basis include, but are not limited
to:
(a) Arrival/Departure Record (I-94 or CBP I-94A) or a
valid I-797A Notice of Action issued by the Department of Homeland Security or
Custom and Border Protection with a valid unexpired foreign passport.
(b) Arrival/Departure Record (I-94, CBP I-94A) with a
passport issued by the Federated States of Micronesia (FSM), Republic of the
Marshall Islands (RMI) or Republic of Palau, not expired more than five years.
(c) Temporary Resident ID card (I-688);
(d) Employment Authorization card (I-766); or
(e) Refugee Travel Document Form I-571.
(5) 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
(c) Notice of Immigration Bond Cancelled.
(6) DMV will not accept as the proof required by
sections (3) and (4) of this rule a document that is not verified through the
Systematic Alien Verification for Entitlements (SAVE) system.
(7) Notwithstanding section (6) of this rule, DMV may
accept a document described in sections (3) and (4) of this rule that is not
verified through the SAVE system if the document is presented for the
replacement of a limited term driver license, limited term driver permit, or
limited term identification card under OAR 735-062-0110.
(8) An applicant who must obtain a document in order to
provide proof of legal presence may apply for an applicant temporary driver
permit as described in OAR 735-062-0032 that will provide driving privileges
for a limited time or an applicant temporary identification card as described
in 735-062-0033.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 807.021 & 807.022
Stats. Implemented: ORS 807.021
& 807.022
Hist.: DMV 16-2008, f. 6-23-08,
cert. ef. 7-1-08; DMV 23-2008(Temp), f. 9-11-08, cert. ef. 9-15-08 thru
3-13-09; DMV 27-2008, f. 12-15-08, cert. ef. 1-1-09; DMV 25-2009, f. 12-22-09,
cert. ef. 1-1-10; DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
735-062-0032
Applicant Temporary Driver Permit
Issued to Applicants Unable to Provide SSN and Legal Presence Documentation
(1) When an applicant for a driver license or driver
permit does not provide a verifiable SSN but is able to present the
documentation required by OAR 735-062-0005(4) to prove a SSN is assigned to the
applicant, or certifies but fails to present documentation of ineligibility for
a SSN, or is unable to present the documentation required by 735-062-0015 to
prove legal presence, DMV may issue an applicant temporary driver permit to the
applicant if:
(a) The applicant is otherwise eligible and complied
with all other requirements for a driver license or driver permit, including
the requirements for proof of identity and date-of-birth under OAR
735-062-0020;
(b) The applicant certifies that to the best of his or
her knowledge, the applicant is legally present in the United States; and
(c) DMV has not issued an applicant temporary driver
permit to the applicant under this rule before, and the applicant so certifies.
(2) A holder of an applicant temporary driver permit
issued under this rule must have the permit on his or her person while
operating a motor vehicle. The applicant temporary driver permit will indicate
the class of license granted and any endorsements granted and will list any
restrictions placed on the driving privileges.
(3) An applicant temporary driver permit issued under
this rule is valid for 90 days from the date of issuance, or until the
applicant is able to provide to DMV the documentation required by OAR
735-062-0005 and 735-062-0015 for issuance of a driver license or driver
permit, whichever is sooner.
(4) DMV may extend the term of the applicant temporary
driver permit up to two times for sufficient cause. Each extension of the term
of the permit may not exceed 90 days.
(5) Notwithstanding sections (3) and (4) of this rule,
DMV may extend the term of the applicant temporary driver permit if the
applicant presents proof the applicant has taken reasonable steps to obtain a
verifiable SSN or the documentation required under OAR 735-062-0005 showing
ineligibility, or taken reasonable steps to obtain the documentation required
under OAR 735-062-0015, but has been unable to do so due to circumstances
beyond the applicant’s control. Any extension of an applicant temporary driver
permit issued under this section will be for a term of 90 days.
(6) An applicant temporary driver permit issued under
this rule automatically becomes invalid if the applicant’s driver license or
permit is issued, the permit expires and is not extended, or if the applicant’s
driving privileges or right to apply for driving privileges are suspended,
revoked or cancelled. If and when the applicant’s driver license or permit is
issued or driving privileges are suspended, revoked or cancelled, the applicant
must surrender to DMV his or her applicant temporary driver permit.
Stat. Auth.: ORS 184.616, 184.619,
802.010 & 807.310
Stats. Implemented: ORS 807.310
Hist.: DMV 16-2008, f. 6-23-08,
cert. ef. 7-1-08; DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
735-062-0033
Applicant Temporary Identification
Cards Issued to Applicants Unable to Provide SSN and Legal Presence
Documentation
(1) When an applicant for an identification card does
not provide a verifiable SSN but is able to present the documentation required
by OAR 735-062-0005(4) to prove a SSN is assigned to the applicant, or
certifies but fails to present documentation of ineligibility for a SSN, or is
unable to present the documentation required by 735-062-0015 to prove legal
presence, DMV may issue an applicant temporary identification card to the
applicant, if:
(a) The applicant is otherwise eligible and has
complied with all other requirements for an identification card, including the
requirements for proof of identity and date-of-birth under OAR 735-062-0020;
(b) The applicant certifies that, to the best of his or
her knowledge, the applicant is legally present in the United States; and
(c) DMV has not issued an applicant temporary
identification card to the applicant under this rule before, and the applicant
so certifies.
(2) An applicant temporary identification card issued
under this rule is valid for 90 days from the date of issuance, or until the
applicant is able to provide to DMV the documentation required by OAR
735-062-0005 and 735-062-0015 for issuance of an identification card, whichever
is sooner.
(3) DMV may extend the term of the applicant temporary
identification card up to two times for sufficient cause. Each extension of the
term of the permit may not exceed 90 days.
(4) Notwithstanding sections (2) and (3) of this rule,
DMV may extend the term of the applicant temporary identification card if the
applicant presents proof the applicant has taken reasonable steps to obtain a
verifiable SSN or the documentation required under OAR 735-062-0005 showing
ineligibility, or taken reasonable steps to obtain the documentation required
under OAR 735-062-0015, but has been unable to do so due to circumstances
beyond the applicant’s control. Any extension of an applicant temporary
identification card issued under this section will be for a term of 90 days.
(5) An applicant temporary identification card issued
under this rule automatically becomes invalid if the applicant’s identification
card is issued, the applicant temporary identification card expires and is not
extended, or DMV suspends or cancels the applicant temporary identification
card or right to apply for an identification card. The applicant must surrender
to DMV the applicant temporary identification card if and when the applicant’s
identification card is issued or if it is suspended, revoked or cancelled.
Stat. Auth.: ORS 184.616, 184.619,
802.010 & 807.405
Stats. Implemented: ORS 807.405
Hist.: DMV 16-2008, f. 6-23-08,
cert. ef. 7-1-08; DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
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 person 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 person to wear
a head covering, clothing or similar material that partially or completely
covers the person’s face, preventing the person from being photographed as
described in OAR 735-062-0016(3); or
(c) Who has severe facial disfigurement.
(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 proof of ineligibility
for a SSN, as provided in OAR 735-062-0005;
(b) Provide proof of legal presence as provided in OAR
735-062-0015;
(c) Provide proof of identity and date of birth as
provided in OAR 735-062-0020; and
(d) Provide proof of residence address as provided in
OAR 735-062-0030(1).
Stat. Auth.: ORS 184.616, 184.619,
802.010 & 807.110
Stats. Implemented: ORS 807.110
Hist.: MV 80, f. & ef.
10-4-77; MV 15-1986, f. 9-16-86, ef. 10-1-86; Administrative Renumbering
3-1988, Renumbered from 735-031-0038; DMV 21-2001, f. & cert. ef. 10-18-01;
DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05; DMV 23-2005, f.
& cert. ef. 11-18-05; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV
17-2010, f. & cert. ef. 9-27-10; DMV 16-2011, f. 12-22-11, cert. ef. 1-1-12
735-062-0125
Standards for Issuance of a
Renewal or Replacement Driver License or Identification Card Containing a
Previous Photograph
(1) DMV may renew or replace a person’s driver license
or identification card by issuing a renewal or replacement license or
identification card containing a photograph of the person already on file with
DMV, if the applicant:
(a) Provides proof that he or she is a resident of or
domiciled in Oregon as described in OAR 735-016-0040;
(b) Provides proof or previously has proven that he or
she is a citizen or permanent resident of the United States as required by OAR
735-062-0015. An applicant who has not previously provided proof to DMV of
citizenship or permanent legal residency in the U.S. may provide a copy,
satisfactory to DMV, of one or more documents required by OAR 735-062-0015(2)
or (3).
(c) Provides his or her Social Security number on the
application form as required under OAR 735-062-0005. DMV will verify the SSN
with the Social Security Administration unless the SSN provided has previously
been verified;
(d) Submits a written statement to DMV establishing
good cause why he or she is not able to appear and apply for the renewal or
replacement license or identification card at a DMV field office and certifying
that he or she will not be returning to Oregon within 150 days from the date of
application;
(e) Provides proof that he or she is, in fact, the
person to whom the license or identification card to be renewed or replaced was
issued; and
(f) Meets all other qualifications for the license or
identification card sought.
(2) Circumstances constituting “good cause” for
purposes of subsection (1)(d) of this rule 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 or identification card is lost, stolen or
mutilated;
(c) The applicant is traveling outside of Oregon and
the applicant’s Oregon driver license or identification card has expired or
will expire before the person returns to Oregon; or
(d) The applicant has a medical condition or health
problems that prevent him or her from applying for a renewal or replacement
license 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
treating physician.
(3) Notwithstanding section (1) of this rule, DMV may
issue a renewal or replacement license or identification card containing a
photograph of the applicant already on file with DMV, if the applicant is an
Oregon licensed driver or identification card holder serving on active duty in
the United States Armed Forces outside of Oregon who provides a copy of his or
her:
(a) Most current Leave Earning Statement showing Oregon
as his or her home on record;
(b) Federally-issued active duty Military
identification card; and
(c) Social Security number to be verified with the
Social Security Administration, if not previously provided.
(4) A spouse, partner in a domestic relationship or
dependent of a military person on active duty in the United States Armed Forces
outside of Oregon who qualifies under section (3) of this rule, who holds an
Oregon driver license or identification card may qualify for a driver license
or identification card using the previous photograph, if the spouse or
dependent provides a copy of the following:
(a) The military member’s most current Leave Earning
Statement showing Oregon as his or her home on record;
(b) The military member’s active duty Military
identification card;
(c) The spouse, partner or dependent’s Military
identification card; and
(d) The spouse, partner or dependent’s Social Security
number. DMV must verify the SSN with the Social Security Administration, if not
previously verified.
(5) DMV will not replace or renew a driver license or
identification card under this rule, if the applicant’s most recent photograph
on file with DMV is more than nine years and two months old.
Stat. Auth.: ORS 184.616, 184.619,
802.010 & 807.110
Stats. Implemented: ORS 807.110
& 807.400
Hist.: DMV 16-2008, f. 6-23-08,
cert. ef. 7-1-08; DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 16-2011, f.
12-22-11, cert. ef. 1-1-12
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
(c) Provide verification from another jurisdiction
that:
(A) The person has applied and meets the requirements
for driving privileges or an identification card in that jurisdiction;
(B) The person has surrendered his or her 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 his or her right to apply suspended under ORS
809.310(3)(b)–(h) 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 proof that the person
is not eligible for a SSN as provided in OAR 735-062-0005(2);
(b) Provides proof of legal presence as provided in OAR
735-062-0015;
(c) Submits to the collection of biometric data and
establishes identity as provided in ORS 807.024 and OAR 735-062-0016;
(d) Provides proof of identity and date of birth as
provided in OAR 735-062-0020;
(e) Submits proof of residence address as provided in
OAR 735-062-0030(1); and
(f) 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, he or she may request to
have his or her driving privileges, identification card or right to apply be
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 his or her 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
(c) The person pays the reinstatement fee.
(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 proof that the person
is not eligible for a SSN as provided in OAR 735-062-0005(2);
(b) Provides proof of legal presence as provided in OAR
735-062-0015;
(c) Submits to the collection of biometric data and
establishes identity as provided in ORS 807.024 and OAR 735-062-0016;
(d) Provides proof of identity and date of birth as
provided in OAR 735-062-0020;
(e) The person submits proof of residence address as
provided in OAR 735-062-0030(1); and
(f) 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
(C) Evidence that the person is married.
(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.
Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 807.021,
807.022, 807.220, 807.230, 807.400, 809.310 & 809.320
Hist.: MV 16-1987, f. 9-21-87, ef.
9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0064; MV
14-1992, f. & cert. ef. 10-16-92; MV 18-1993, f. 12-17-93, cert. ef.
1-1-94; DMV 16-1994, f. & cert. ef. 12-20-94; DMV 3-2002, f. & cert.
ef. 3-14-02; DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05; DMV
23-2005, f. & cert. ef. 11-18-05; DMV 27-2005, f. 12-14-05 cert. ef.
1-1-06; DMV 13-2006, f. 9-22-06, cert. ef. 10-2-06; DMV 19-2006, f. & cert.
ef. 12-13-06; DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08; DMV
16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 16-2011, f. 12-22-11, cert. ef.
1-1-12
Rule
Caption: Rescinding Driver License
Suspensions after Driver Declared No Longer Competent to Drive.
Adm.
Order No.: DMV 17-2011
Filed with Sec. of
State: 12-22-2011
Certified to be
Effective: 1-1-12
Notice Publication
Date: 10-1-2011
Rules Amended: 735-062-0135, 735-074-0140, 735-076-0020
Subject: A person who no longer drives due to deteriorating
health or age related issues may have a suspension of the person’s driving
privileges under the At-Risk Driver Program. This suspension remains on the
person’s driving record even after the person has surrendered all driving
privileges and can adversely impact the auto insurance rates of other members
of the person’s household who continue to drive. Chapter 126, Oregon Laws 2011
(HB 3128) amends ORS 809.419 to specify that a suspension ends when a person,
whose driving privileges are suspended under the At-Risk Driver Program,
voluntarily surrenders driving privileges by recognizing that he or she is no
longer competent to drive. DMV amended OAR 735-062-0135, 735-074-0140 and
735-076-0020 in accordance with the amendments to ORS 809.419, plus specify
what happens when a suspension ends and what is required if the person ever reapplies
for driving privileges. OAR 735-076-0020 is further amended to remove redundant
language about CDL medical qualifications, which are already detailed in OAR
chapter 735, division 63.
Rules Coordinator: Lauri Kunze—(503) 986-3171
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 the Driver
and Motor Vehicle Services Division of the Department of Transportation (DMV).
(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
license or 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 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 he or she is no longer competent to drive,
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.
Stat. Auth.: ORS 184.616, 184.619,
802.010 & 809.419
Stats. Implemented: ORS
802.010(1)(c), 809.419
Hist.: DMV 1-2003, f. & cert.
ef. 2-13-03; DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05; DMV
23-2005, f. & cert. ef. 11-18-05; DMV 17-2011, f. 12-22-11, cert. ef.
1-1-12
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 contain the information required by OAR 735-074-0120 it may be
returned to the reporting physician or health care provider for completion. If
the report does not meet the requirements of a mandatory report, but if the
report is of a possible mental or physical condition or impairment that
indicates the person is no longer qualified to hold a driver license, driver
permit or endorsement or may no longer be able to drive safely, DMV will review
the report under the non-mandatory program described in OAR chapter 735,
division 76 to determine what action, if any, is appropriate.
(2) Using the standards set forth in OAR 735-074-0130,
or when otherwise recommended by the Medical Determination Officer, DMV will
suspend driving privileges or the right to apply for driving privileges under
ORS 809.419(3), if it is determined from the report submitted under OAR
735-074-0120 that the person has a mental or physical condition or impairment
that affects the person’s ability to safely operate a motor vehicle upon the
highways. Driving privileges or the right to apply for driving privileges will
be immediately suspended if DMV has reason to believe the person may endanger
people or property if not immediately suspended.
(3) If DMV receives a report that indicates that a
person’s vision does not meet the vision standards set forth in OAR
735-062-0050, DMV will immediately suspend the person’s driving privileges or
right to apply for driving privileges under ORS 809.419(3). To be eligible for
reinstatement of driving privileges the person must: submit proof from a
licensed optometrist or physician who specializes in the diagnosis and
treatment of eye diseases that the person’s vision, with or without corrective
lenses, meets the vision standards set forth in OAR 735-062-0050, and pass a
knowledge and drive test. Proof that vision meets DMV standards is only valid
for six months from the date DMV receives the Certificate of Vision form and
the person must pass the knowledge and drive test within this time period for
reinstatement of driving privileges.
(4) A person whose driving privileges and right to
apply for driving privileges are suspended because of a functional impairment
may request to be tested by DMV to demonstrate that notwithstanding the
impairment, the person is qualified to safely operate a motor vehicle. If the
request is granted, DMV will administer a vision screening under OAR
735-062-0050, a knowledge test under 735-062-0040 and a DMV drive test under
735-062-0070. DMV will deny the request if it has reason to believe the person
is unable to safely operate a motor vehicle during a drive test. If the request
is denied, DMV may give the person tests if the person:
(a) Receives a determination of eligibility from the
Medical Determination Officer;
(b) Submits proof of successful completion of a driver
rehabilitation program conducted by a rehabilitation specialist;
(c) Submits proof of successful completion of a driver
training course conducted by an ODOT certified commercial driver training
school; or
(d) Submits proof that the person’s motor vehicle is
equipped with an appropriate adaptive device(s), such as hand controls, and
provides documentation that the person knows how to use and has practiced with
the adaptive devices(s).
(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 pass a vision
screening under OAR 735-062-0050, a knowledge test under 735-062-0040 and a DMV
drive test under 735-062-0070.
(6) The following apply to a request for testing under
sections (4) and (5) of this rule:
(a) The request must be made by contacting DMV
headquarters; and
(b) For a cognitive impairment or a cognitive
impairment in conjunction with a functional impairment, testing must be
completed within six months from the date the Medical Determination Officer
determines the person is medically eligible to take tests.
(7) DMV will notify the reporting physician or health
care provider if the person’s driving privileges are reinstated.
(8) If the person voluntarily surrenders driving
privileges as set forth in OAR 735-062-0135(4), DMV will rescind any suspension
imposed under sections (2), (3) or (4) of this rule. The person may be eligible
for a no-fee identification card.
(9) If the person reinstates or is reissued his or her
driving privileges, DMV may require the person to provide periodic medical
information based on the recommendation of the Medical Determination Officer or
obtain periodic vision exams based on the recommendation of the person’s vision
specialist. The Medical Determination Officer may review those with functional
impairments who reinstate or are reissued driving privileges for determination
of whether the person should be medically recertified at a later date. The
Medical Determination Officer will include a determination if medical
re-certification is needed on cognitive impairments at the time a determination
on testing is made. If periodic medical information is required, DMV will send
the person a Medical Impairment Recertification form and require the person to
obtain information from his or her physician, nurse practitioner or physician
assistant and return that to DMV within 30 days of the date on the requirement
letter. If a periodic vision exam must be obtained, DMV will send the person a
Certificate of Vision form which must be completed by the person’s vision
specialist and returned to DMV within 30 days of the date on the requirement
letter.
(10) A person may be required to successfully complete
DMV testing or may have driving privileges suspended based on information
contained in the Medical Impairment Recertification form or periodic vision
information report submitted under section (9) of this rule.
[ED. NOTE: Forms referenced are
available from the agency.]
Stat. Auth.: ORS 184.616, 184.619,
802.010, 807.340, 807.710 & 809.419
Stat. Implemented: ORS 807.340
& 807.710
Hist.: DMV 8-2003, f. 5-14-03,
cert. ef. 6-1-03; DMV 1-2005, f. & cert. ef. 1-20-05; DMV 6-2006, f. &
cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 17-2011, f.
12-22-11, cert. ef. 1-1-12
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 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 driver, recommends an immediate suspension;
(d) Information contained in a required Medical
Impairment Recertification form 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 and DMV has reason to believe the person may
endanger people or property if not immediately suspended.
(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 60 days of the date of the
requirement letter, 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 medical report form is not completed by the person
and the person’s physician, nurse practitioner, or physician assistant, submitted
to and received by DMV within 30 days of the date on the letter sent from DMV,
unless DMV has granted an extension under OAR 735-076-0015;
(c) Under ORS 809.419(2), for failure to obtain a
medical clearance, if the person fails to submit a Medical Impairment
Recertification form as required under OAR 735-076-0035, unless an extension is
granted by DMV;
(d) Under ORS 809.419(2), for failure to obtain a
medical clearance, if the person fails to submit a Certificate of Vision form
when the person is required to obtain a periodic vision exam under OAR
735-076-0035, unless an extension is granted by DMV;
(e) Under ORS 809.419(3), as incompetent to drive
because of a mental or physical condition or impairment that makes it unsafe
for the person operate a motor vehicle, because the Medical Determination
Officer determines that a driver is medically ineligible for driving privileges
under ORS 807.090, and the person has valid driving privileges;
(3) If the person voluntarily surrenders driving
privileges as set forth in OAR 735-062-0135(4), DMV will rescind any suspension
imposed under sections (1), (2) or (4) of this rule.
(4) DMV will suspend commercial driving privileges
under ORS 809.419(3) if the Medical Determination Officer has determined that
the holder of a Class A, B, or C commercial driver license no longer meets the
physical qualifications outlined in 49 CFR sections 391.41 through 391.49.
(4) 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; or
(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 alcohol, inhalants or controlled substances.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 807.340 & 809.419
Stats. Implemented: ORS 807.340
& 809.419
Hist.: MV 19-1987, f. 9-21-87, ef.
9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0460; MV
17-1992, f. 12-16-92, cert. ef. 1-1-93; DMV 16-2001, f. & cert. ef.
9-21-01; DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert.
ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 17-2011, f.
12-22-11, cert. ef. 1-1-12
Rule
Caption: Traffic Offenses used in Driver
Improvement, Habitual Offender and other DMV Programs.
Adm.
Order No.: DMV 18-2011
Filed with Sec. of
State: 12-22-2011
Certified to be
Effective: 1-1-12
Notice Publication Date: 10-1-2011
Rules Amended: 735-064-0220, 735-072-0035
Subject: ORS 809.605 requires DMV to adopt rules specifying
which traffic offenses count for the purpose of determining that a person is a
habitual offender under ORS 809.600(2). By administrative rule, those offenses
are used to determine who qualifies for DMV’s Driver Improvement programs, and
whether a person has violated the terms of a hardship or probationary permit or
has committed a serious traffic violation while operating a commercial motor vehicle.
OAR 735-064-0220 specifies those traffic offense convictions DMV will use for
the above described purposes. OAR 735-072-0035 is used only in the Driver
Improvement Programs and contains a list of traffic offenses where it takes
five offenses listed to equal one driver improvement violation. During the 2011
legislative session, two bills were enacted creating new traffic offenses or
amending current traffic offense statutes where changes are required in OAR
735-064-0220 and 735-072-0035. DMV amended OAR 735-064-0220 and 735-072-0035 to
implement these laws.
Offenses that an
Oregon driver receives in another jurisdiction are posted to the record using
an AAMVAnet Code Dictionary (ACD) code. AAMVA (Association of American Motor
Vehicle Administrators) is instituting a few new ACD codes effective August
2011. DMV amended OAR 735-064-0220 to include new ACD codes and update the
description of other ACD codes. DMV also moved from OAR 735-072-0035 to OAR
735-064-0220 the offense of failure to carry/present license to police officer.
Moving this offense makes the program consistent for the offenses that Oregon
links to ACD code B51.
Rules Coordinator: Lauri Kunze—(503) 986-3171
735-064-0220
Traffic Offenses Used in Habitual
Offender, Driver Improvement, CMV Serious Violations and
Hardship/Probationary Driver Permit Programs
(1) A conviction for an offense listed in this rule
counts toward:
(a) The Habitual Offender Program pursuant to ORS
809.600(2);
(b) The Provisional and Adult Driver Improvement
Programs outlined in Oregon Administrative Rule chapter 735, division 72;
(c) Motor vehicle traffic control violations connected
to a fatal accident as defined in ORS 801.477(1)(k) and OAR 735-070-0037 that
can lead to a suspension of commercial motor vehicle driving privileges.
(d) Revocation of a probationary driver permit pursuant
to ORS 807.270(7); and
(e) Revocation of a hardship permit pursuant to OAR
735-064-0100 and 735-064-0110.
(2) This section lists the offenses and the statutory
citations for Oregon offenses used in the programs identified in section (1) of
this rule: [Table not included. See ED. NOTE.]
(3) The following offenses have been repealed under
Oregon law but still count as a conviction for an offense as set forth in
section (1) of this rule if the person was convicted of the listed offense or
it is an equivalent offense as described in section (4) of this rule: [Table
not included. See ED. NOTE.]
(4) Offenses from other states may be posted to driver
records using an AAMVAnet Code Dictionary (ACD) code. This section identifies
the code that appears on the driver record, a description of the offense and
the ORS reference covering an equivalent offense(s) for Oregon: [Table not
included. See ED. NOTE.]
(5) The following ACD codes are obsolete, but
convictions reported under these codes may still count as a conviction for an offense
as set forth in section (1) of this rule if DMV received notice from another
state of a conviction using the following codes: [Table not included. See ED.
NOTE.]
[ED. NOTE: Tables referenced are
available from the agency.]
Stat. Auth.: ORS 184.616, 184.619,
802.010, 809.480 & 809.605
Stats. Implemented: ORS 807.240,
807.270, 809.480, 809.600(2) & 809.605
Hist.: MV 17-1986, f. & ef.
10-1-86; MV 33-1987, f. & ef. 11-2-87; Administrative Renumbering 3-1988,
Renumbered from 735-031-0180; MV 32-1989, f. & cert. ef. 10-3-89; MV
7-1990, f. & cert. ef. 5-16-90; MV 18-1991, f. 9-18-91, cert. ef. 9-29-91;
MV 26-1991, f. & cert. ef. 11-18-91; DMV 8-1995, f. & cert. ef.
6-19-95; DMV 5-1997, f. & cert. ef. 2-20-97; DMV 8-1998, f. & cert. ef.
6-19-98; DMV 27-2001(Temp), f. 12-14-01, cert. ef. 1-1-02 thru 6-29-02; DMV
11-2002, f. 6-24-02, cert. ef. 6-30-02; DMV 33-2003(Temp), f. 12-15-03 cert.
ef. 1-1-04 thru 6-28-04; DMV 4-2004, f. & cert. ef. 2-23-04; DMV
21-2005(Temp), f. 9-19-05, cert. ef. 10-1-05 thru 3-29-06; DMV 28-2005, f.
& cert. ef. 12-14-05; DMV 19-2007, f. 12-24-07, cert. ef. 1-1-08; DMV
28-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 18-2011, f. 12-22-11, cert. ef.
1-1-12
735-072-0035
Driver Improvement Offenses
(1) The conviction for an offense listed below counts
toward both the Provisional and Adult Driver Improvement Programs. It takes
five convictions from the following list to equal one driver improvement
violation. All other convictions counting in the Driver Improvement Programs
are outlined in OAR 735-064-0220. [List not included. See ED. NOTE]
(2) Offenses from other states are posted to driver
records using an AAMVAnet Code Dictionary (ACD) code. This section identifies
the code that appears on the driver record, a description of the offense and
the ORS or administrative rule reference to the equivalent offense(s) in
Oregon. The offenses listed below also count towards both the Provisional and
Adult Driver Improvement Programs as described in section (1) of this rule.
[List not included. See ED. NOTE]
(3) The following ACD codes are obsolete but
convictions reported under these codes may still count as a conviction for an
offense for both the Provisional and Adult Driver Improvement Programs as
described in section (1) of this rule if DMV received notice from another state
of a conviction using the following codes: [List not included. See ED. NOTE]
[ED. NOTE: Lists referenced are
available from the agency.]
Stat. Auth.: ORS 184.616, 184.619
& 809.480
Stat. Imp.: ORS 809.480
Hist.: DMV 29-2001(Temp), f.
12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef.
6-30-02; DMV 19-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 28-2009, f. 12-22-09,
cert. ef. 1-1-10; DMV 18-2011, f. 12-22-11, cert. ef. 1-1-12
Rule
Caption: Amends DMV Vehicle Dismantler
Rules — Implements Chapter 433, Oregon Laws 2011.
Adm.
Order No.: DMV 19-2011
Filed with Sec. of
State: 12-22-2011
Certified to be
Effective: 1-1-12
Notice Publication
Date: 11-1-2011
Rules Amended: 735-152-0000, 735-152-0005, 735-152-0020,
735-152-0040, 735-152-0050, 735-152-0060
Subject: This rulemaking implements legislation enacted by the
2011 Legislative Assembly. Chapter 433, Oregon Laws 2011 creates new statutory
provisions and amends ORS 822.115, 822.133, 822.145 in part to: (1) require an
applicant for a dismantler certificate to include a National Motor Vehicle
Title Information System identification number with the application; (2)
establish requirements and definitions related to mobile motor vehicle
crushers; (3) add new dismantler violations; and (4) grant DMV additional
authority to impose civil penalties and sanctions on vehicle dismantlers.
The rule
amendments add new definitions and revise language concerning the civil
penalties and sanctions DMV may impose against dismantlers found in violation
of applicable laws and rules. Other non-substantive changes are made for
purposes of clarity.
Rules Coordinator: Lauri Kunze—(503) 986-3171
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
physical possession of a motor vehicle together with possession of the
vehicle’s ownership record.
(2) “Cancellation” has the same meaning as “revocation”
as defined in section (19) of this rule.
(3) “Certificate of sale” has the same meaning as
defined in ORS 801.183.
(4) “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
(c) Permanently affixed.
(5) “Date of sale” means the date that a purchaser
takes possession of a major component purchased from a dismantler.
(6) “Destroy” has the same meaning as defined in ORS
822.133.
(7) “Dismantler” has the same meaning as defined in ORS
801.236.
(8) “Dismantle” means one or more major component parts
are removed from a motor vehicle acquired by a dismantler.
(9) “Dispose” or “disposed of” means a motor vehicle
acquired by a dismantler that is transferred to another person or is dismantled
or destroyed.
(10) “DMV” means the Driver and Motor Vehicle Services
Division of the Oregon Department of Transportation.
(11) “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;
(c) Determining the hours or frequency of a person’s
work; or
(d) Retaining the ability to terminate the
relationship.
(12) “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 under sections
(22) and (23) of this rule.
(13) “Major component part” has the same meaning as
defined in ORS 822.137.
(14) “Mobile motor vehicle crusher” has the same meaning
as defined in ORS 822.133.
(15) “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.
(16) “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.
(17) “Principal” means any owner, partner, corporate
officer or other person who controls or manages the business organization or
the employees or agents of the business organization.
(18) “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.
(19) “Revocation” means to void and terminate a
dismantler certificate or the principal’s right to apply for a dismantler
certificate.
(20) “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.
(21) “Suspension” means the temporary withdrawal of the
authority to act as a dismantler.
(22) “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.
(23) “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.
(24) “Vehicle Business” includes vehicle dealers as
defined in OAR 735-150-0010(14), dismantlers, towing businesses, vehicle
transporters and repair shops.
(25) “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.
(26) “Warning” means a documented warning or correction
notice issued to a principal or employee of a dismantler business.
(27) “Wrecked vehicle” has the same meaning as defined
in ORS 822.133.
(28) “Written report” means DMV Form 270, Vehicle
Dismantler’s Notice and the original ownership record for the vehicle.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 822.125, 822.130, 822.135, 822.137 & Ch. 433, OL 2011
Stats. 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
Hist.: MV 7-1987, f. & ef.
7-13-87; MV 10-1991, f. & cert. ef. 8-20-91; DMV 32-2005(Temp), f. 12-14-05,
cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef. 5-25-06; DMV
21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08; DMV 13-2008, f. &
cert. ef. 6-23-08; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12
735-152-0005
Dismantler Application
(1) In addition to the requirements for an application
for a dismantler certificate under ORS 822.110, or a renewal under ORS 822.125,
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) and OAR 734-040-0030;
(B) A state-issued picture identification (a copy of
driver license or identification card) for each principal;
(C) The applicant’s National Motor Vehicle Title
Information System identification number; and
(D) 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
(c) A completed and signed DMV statement of compliance
for surety bond or letter of credit.
(2) In addition to the requirements of section (1) of
this rule, the applicant must submit a completed and signed Application for
Supplemental Dismantler Certificate (DMV Form 735-373A) for each additional
business location other than the dismantler’s primary business location.
(3) If a dismantler changes the business location or
business name on the dismantler’s certificate, the dismantler must submit a
completed and signed Application to Correct Dismantler Certificate (DMV Form
735-373B) and obtain a corrected dismantler certificate before business can be
conducted at the new location or under the new business name.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 822.100 - 822.150 & Ch. 433, OL 2011
Stats. Implemented: ORS 822.100
– 822.150
Hist.: DMV 4-1996, f. & cert.
ef. 7-26-96; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV
4-2006, f. & cert. ef. 5-25-06; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12
735-152-0020
Refusal to Issue and Probationary
Status of Dismantler Certificate
(1) DMV will not issue or renew an original dismantler
certificate or supplemental certificate to any applicant when it determines:
(a) The application is incomplete or information
contained in the application is false;
(b) A principal of the applicant is financially or
operationally involved with any vehicle business whose certificate or right to
apply for a certificate is currently suspended, canceled or revoked; or
(c) A principal of the applicant:
(A) Has been convicted of a violation of any provision
of ORS Chapter 822 within the five years preceding the date of the application;
(B) Has been convicted in any jurisdiction outside of
the state of Oregon of any violation of that jurisdiction’s statutes relating
to vehicle businesses, vehicle registration, title transfers or stolen vehicles
within the five years preceding the date of the application; or
(C) Is currently affected by any type of administrative
sanction or penalty that prohibits the principal from conducting a vehicle
business and relates to vehicle businesses, vehicle registration, title
transfers or stolen vehicles in a jurisdiction outside of the state of Oregon.
(2) DMV will not issue or renew an original dismantler
certificate or supplemental certificate until it is satisfied the applicant
meets all requirements for issuance of a certificate under ORS Chapter 822 and
OAR 735, division 152.
(3) DMV may issue or renew an original dismantler
certificate or supplemental certificate on a probationary basis if a principal
of the applicant is financially or operationally involved with another vehicle
business whose certificate or right to apply for a certificate is currently on
probation.
(4) DMV will retain the fees paid with an application
to cover processing costs when it refuses to issue a certificate.
(5) An applicant who has been refused issuance of a
dismantler certificate is entitled to a contested case hearing as provided in
the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.
(6) The refused applicant’s request for a hearing must
be submitted in writing 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 case of a
refusal to renew, the dismantler may continue to operate under the old
certificate in accordance with ORS 183.430(1), pending the outcome of the
hearing, except when DMV 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).
(7) When a dismantler or principal of the dismantler
business fails to file a timely request for hearing, the charges shall be
considered to have been admitted, the dismantler or principal shall be deemed
in default as to those charges, DMV’s file shall constitute the record of the
case, and the order of refusal shall become final.
Stat. Auth.: ORS 184.616, 184.619,
802.010 822.100 – 822.150
Stats. Implemented: ORS 822.100
– 822.150
Hist.: MV 10-1991, f. & cert.
ef. 8-20-91; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 32-2005(Temp), f.
12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef.
5-25-06; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12
735-152-0040
Dismantler Violations Subject to
Sanction
A dismantler is subject to the sanctions described
under OAR 735-152-0050 if the dismantler:
(1) Commits the offense of improperly conducting a
motor vehicle dismantling business for any of the reasons set forth in Chapter
433, Or Laws 2011, ORS 822.120, 822.125, 822.133, 822.135, 822.137, 822.145 or
relevant rules adopted by DMV.
(2) Allows a person who is not an employee of the
dismantler to imply or represent an affiliation with the dismantler business to
engage in any activity that would subject that person to dismantler
certification and regulatory requirements.
(3) Fails to allow DMV to conduct an inspection.
(4) Is issued notice that the dismantler’s bond under
ORS 822.120 is cancelled.
(5) Fails to pay any civil penalty imposed under ORS
822.133, 822.137 or 822.145.
(b) The person holding the certificate has violated ORS
803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.133, 822.135, 822.137
or 822.150.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137 822.145 & Ch.
433, OL 2011
Stats. 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
Hist.: MV 10-1991, f. & cert.
ef. 8-20-91; DMV 32-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV
4-2006, f. & cert. ef. 5-25-06; DMV 21-2007(Temp), f. 12-24-07, cert.ef.
1-1-08 thru 6-27-08; DMV 13-2008, f. & cert. ef. 6-23-08; DMV 19-2011, f.
12-22-11, cert. ef. 1-1-12
735-152-0050
Sanctions
(1) In addition to any other penalties provided by law,
DMV may impose sanctions against any person issued a valid dismantler
certificate, any principal of a dismantler business, or both, if DMV determines
either has violated any Oregon law or DMV rule relating to the operation of a
dismantler business.
(2) Sanctions may be imposed against one or more of the
following:
(a) A dismantler’s certificate issued under ORS
822.110;
(b) An identification card or supplemental dismantler
certificate issued under ORS 822.125; or
(c) A principal of the dismantler business.
(3) Factors DMV may consider when imposing a sanction
against a dismantler include:
(a) The severity of the violation or its impact on the
public;
(b) The number of similar or related violations;
(c) Whether a violation was willful or intentional; and
(d) Any previous sanction, civil penalty or warning
issued or imposed against the dismantler or principal.
(4) DMV determines the appropriate sanction to impose
when it determines a violation has occurred. These may include one or more of
the following:
(a) Verbal or written warning, including a correction
notice.
(b) Probation under conditions set by DMV, for up to
three years.
(c) Suspension of the dismantler certificate and the
right to apply for a dismantler certificate, for up to three years.
(d) Revocation of the dismantler certificate and the
right to apply for a dismantler certificate. A person subject to permanent
revocation of a dismantler certificate is ineligible to apply for a new
dismantler certificate, for up to five years.
(e) Suspension of the right of a principal of a
dismantler business to apply for a dismantler certificate for a different
vehicle-related business, or in a different business name, for up to three
years.
(f) Revocation of the right of a principal of a
dismantler business to apply for a dismantler certificate for a different
vehicle-related business, including a vehicle-related business with a different
business name, for up to five years.
(g) Cancellation of the dismantler certificate if it is
determined the applicant or a principal of the business is ineligible for a
dismantler certificate.
(h) Immediate suspension or cancellation as provided in
ORS 822.145(2) upon receipt of legal notice the dismantler’s bond under 822.120
is canceled.
(i) Immediate suspension or cancellation for failure to
pay any penalty imposed under ORS 822.135 or 822.137.
(5) A dismantler or principal whose business
certificate or privileges are suspended, canceled or revoked is entitled to a
contested case hearing as provided in the Oregon Administrative Procedures Act
under ORS Chapter 183.
(6) Except as provided in section (7) of this rule, a
dismantler’s request for a hearing shall be submitted in writing to and
received by DMV within 20 days of the date of the notice of revocation,
suspension or cancellation. A hearing request received in a timely manner shall
result in a withdrawal of the revocation suspension or cancellation pending the
outcome of the hearing.
(7) In the instance of an immediate suspension or
cancellation as provided by subsection (4)(g) or (h) of this rule, a
dismantler’s request for a hearing shall be submitted in writing to and
received by DMV within 90 days of the date the notice is issued. A hearing request
received in a timely manner shall not result in a withdrawal of the suspension
or cancellation pending the outcome of the hearing.
(8) In order for a request for hearing to be timely,
the request must be received by DMV within the time periods established in
sections (6) and (7) of this rule. If the request for hearing is not timely
received, the person waives their right to a hearing, except as provided in OAR
137-003-0528. The time periods will be computed as set forth in
137-003-0520(8).
(9) When DMV does not receive a timely request for a
hearing, the dismantler or principal defaults, waives the right to a hearing
and DMV’s file constitutes the record of the case.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 184.616, 184.619,
802.010, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.145 &
Ch. 433, OL 2011
Stats. 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
Hist.: MV 10-1991, f. & cert.
ef. 8-20-91; DMV 23-2004, f. & cert. ef. 11-17-04; DMV 32-2005(Temp), f.
12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef.
5-25-06; DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08; DMV 13-2008,
f. & cert. ef. 6-23-08; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12
735-152-0060
Civil Penalty Matrix for Certified
Dismantlers
DMV may impose a civil penalty against a motor vehicle
dismantler for any violation described under Chapter 433, Or Laws 2011, ORS
803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.130, 822.133,
822.135, 822.137 or DMV rules. DMV adopts this civil penalty matrix to
determine civil penalty amounts that may be imposed against dismantlers for
specific violations. DMV may modify a civil penalty assessed against a
dismantler under the provisions of OAR 735-152-0045. Under this rule, an
offense is a “second or subsequent offense” if a dismantler committed the same
offense within three years of the offense under consideration.
(1) Fraudulently obtaining a dismantler certificate by
submission of an application under OAR 735-152-0005 containing a false
statement or omission of a material fact: $1,000, for the first and subsequent
violation(s).
(2) Failure to comply with any provision of ORS 803.140
concerning an application for salvage title:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(3) Failure to comply with any provision of ORS 819.012
concerning procedures for a totaled vehicle:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(4) Failure to comply with any provision of ORS 819.016
concerning when a salvage title is required:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(5) Failure to comply with any provision of ORS 819.040
concerning illegal salvage procedures:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(6) Failure to comply with any provision of ORS 822.120
concerning a bond or letter of credit:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(7) Failure to comply with any provision of ORS 822.125
concerning business conducted in the location approved under the certificate:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(8) Failure to comply with ORS 822.133(2)(a),
822.137(2)(j) or OAR 735-152-0025(3) concerning physically separating or
visually labeling a wrecked vehicle:
(a) For the first violation: $250;
(b) For the second violation: $500;
(c) For the third and subsequent violation(s): $1,000.
(9) Failure to comply with ORS 822.133(2)(b) or
822.137(2)(j) concerning removing parts or destroying a motor vehicle before
obtaining an ownership record for the vehicle:
(a) For the first violation: $500;
(b) For the second and subsequent violation(s): $1,000
(10) Failure to comply with ORS 822.133(2)(c) or
822.137(2)(j) concerning failure to demolish the registration plates of a
wrecked vehicle at the time the ownership record is received:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(11) Failure to comply with ORS 822.133(2)(d) or
822.137(2)(j) concerning failure to notify DMV of any changes in the
information provided to the DMV in the application for a dismantler certificate
within 30 days of the change:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(12) Failure to comply with ORS 822.133(2)(e),
822.137(2)(j) or OAR 735-152-0034 concerning furnishing DMV with a written
report, in a form established by DMV by rule, after a wrecked vehicle is
dismantled or destroyed:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(13) Failure to comply with ORS 822.133(3)(a)(B),
822.137(2)(j) or OAR 735-152-0034 concerning the conspicuous display of the
dismantler’s name and certificate number on the mobile motor vehicle crusher:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(14) Failure to comply with ORS 822.135(1)(a)
concerning the requirements to permanently exhibit a dismantler certificate at
a place of business:
(a) For the first violation; warning;
(b) For the second violation: $500;
(c) For the third and subsequent violation(s): $1,000.
(15) Failure to comply with ORS 822.135(1)(b) or (L)
concerning the requirements to obtain a supplemental dismantler certificate:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(16) Failure to comply with ORS 822.135(1)(c) concerning
the maintenance of records:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(17) Failure to comply with ORS 822.135(1)(d)
concerning failure to timely surrender to DMV the title, a certificate of title
or other primary ownership document or ownership record for a motor vehicle:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(18) Failure to comply with any provision of ORS
822.135 (1)(e) or (m) concerning the inspection of books, records, inventory
and premises:
(a) For the first violation: $500;
(b) For the second and subsequent violation(s): $1,000.
(19) Failure to comply with ORS 822.135(1)(f), (g),
(k), or DMV rules concerning requirements for dismantler business location and
premises:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(20) Failure to comply with ORS 822.135(1)(h)
concerning conducting any wrecking, dismantling or altering of vehicles outside
the building, enclosure, or barrier on the premises of the business:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(21) Failure to comply with ORS 822.135(1)(i)
concerning the storage or display of motor vehicles or major component parts,
or conducting motor vehicle dismantling outside of a main business location or
supplemental location.
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(22) Failure to comply with ORS 822.135(1)(j)
concerning failure to immediately report to DMV information pertaining to the
transfer of a wrecked or dismantled motor vehicle.
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(23) Failure to comply with ORS 822.135(1)(n) or (o)
concerning the deployment or removal of any air bag containing sodium azide.
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(24) Failure to notify DMV of any change in the
information provided to DMV in the application submitted under OAR 735-152-0005
within 30 days of the change:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(25) Failure to comply with any provision of ORS
822.137(2)(f) or OAR 735-152-0031 concerning dismantler motor vehicle records:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(26) Failure to comply with any provision of ORS
822.137(2)(g) or OAR 735-152-0031 concerning dismantler major component part
records:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(27) Failure to comply with ORS 822.137(2)(a), by acquiring
a motor vehicle or major component part without first obtaining a certificate
of sale and, if applicable, a certificate of title:
(a) For the first violation: warning;
(b) For the second violation: $250;
(c) For the third violation: $500;
(d) For the fourth and subsequent violation(s): $1,000.
(28) Failure to comply with ORS 822.137(2)(b),
regarding the possession, sale or disposal of a motor vehicle or any part of a
motor vehicle knowing that the vehicle or part has been stolen: $1,000 for the
first violation and subsequent violation(s).
(29) Failure to comply with ORS 822.137(2)(c),
regarding selling, buying, receiving, concealing, possessing or disposing of a
motor vehicle or any part of a motor vehicle having a missing, defaced,
intentionally altered or covered vehicle identification number, unless directed
to do so by a law enforcement official: $1,000 for the first violation and
subsequent violation(s).
(30) Failure to comply with ORS 822.137(2)(d) by
committing a forgery in the second degree, as defined in ORS 165.007, or
misstating a material fact relating to a certificate of title, registration or
other document related to a motor vehicle that has been reassembled from parts
of other motor vehicles: $1,000 for the first violation and subsequent
violation(s).
(31) Failure to comply with ORS 822.137(2)(e) by
fraudulently creating or modifying a dismantler certificate: $1,000 for the
first violation and subsequent violation(s).
(32) Failure to comply with ORS 822.137(2)(h)
concerning a dishonest act or omission during the sale of a motor vehicle or
major component part that, as determined by DMV, causes a loss to the
purchaser: $1,000 for the first violation and subsequent violation(s).
(33) Failure to comply with ORS 822.137(2)(i)
concerning being convicted of a crime involving false statements or dishonesty
that directly relates to the business of the dismantler or suffers any civil
judgment imposed for conduct involving fraud, misrepresentation or conversion:
$1,000 for the first violation and subsequent violation(s).
Stat. Auth.: ORS 184.616, 184.619,
802.010, 822.125, 822.130, 822.133, 822.135, 822.137, 822.150 & Ch. 433, OL
2011
Implemented: ORS 183.430, 822.105,
822.110, 822.115, 822.120, 822.125, 822.130, 822.133, 822.135, 822.137, 822.140
& 822.150
Hist.: DMV 32-2005(Temp), f.
12-14-05, cert. ef. 1-1-06 thru 6-29-06; DMV 4-2006, f. & cert. ef.
5-25-06; DMV 21-2007(Temp), f. 12-24-07, cert.ef. 1-1-08 thru 6-27-08; DMV 13-2008,
f. & cert. ef. 6-23-08; DMV 19-2011, f. 12-22-11, cert. ef. 1-1-12
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use |