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Oregon Bulletin

February 1, 2012

 

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

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Rules Repealed: 735-001-0030, 735-016-0080, 735-050-0090, 735-064-0085

Subject: DMV has repealed the following four rules as they were no longer needed.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

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