Loading
 

 

Oregon Bulletin

August 1, 2012

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

Rule Caption: DMV Records – Available Records, Fees, Processes for Ordering.

Adm. Order No.: DMV 6-2012

Filed with Sec. of State: 6-27-2012

Certified to be Effective: 6-27-12

Notice Publication Date: 5-1-2012

Rules Amended: 735-010-0000, 735-010-0008, 735-010-0010, 735-010-0030, 735-010-0040

Subject: Due to changing technology, these rules contained outdated references to systems that are no longer used. Specifically the changes are:

 • ODOT/DMV and DAS have entered into an interagency agreement granting DAS a limited, exclusive license to provide electronic access to certain DMV driving records through the State’s Electronic Government web portal (E-Gov portal) authorized under ORS 182.132. DMV previously provided such electronic access through a service known as RADR (Real Time Access to Driving Records). Electronic access to DMV records will be provided through the Driving Record Web Service, a part of the E-Gov portal and no longer provided through RADR. References in OAR 735-010-0030 to “RADR” were removed and replaced with the “Driving Record Web Service.”

 • DMV updated the name of the system for those who order records through an automated phone system to better reflect how it works. References in OAR 735-010-0040 were updated from “DMV’s Automated Voice Exchange (D.A.V.E.)” to the “Interactive Voice Response System (IVR).”

 • DMV is no longer providing records on magnetic tapes and any such references in these rules were removed. OAR 735-010-0040 is amended to show that the vehicle record lists and automated meter skips are provided via File Transfer Protocol Secure (FTPS).

 The rules were also amended to specify what confidential information is and when confidential or personal information is excluded from a public record.

 DMV replaced the phrase “terminated by court notice” in OAR 735-010-0030 as ORS 809.220 was amended by Chapter 355, Oregon Laws 2011 (HB 2137) phrasing it as “notice to reinstate driving privileges.”

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-010-0000

What is Used to Calculate the Actual Cost of Providing a Public Record

(1) ORS 192.440 provides that any public body may establish fees reasonably calculated to reimburse it for actual costs in making records available to the public, government agencies or commercial firms.

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

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

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

(c) A pro-rata share of DMV’s overhead expense; and

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

Stat. Auth.: ORS 192.440, 283.110, 802.010, 802.220 & 802.230
Stats. Implemented: ORS 802.230
Hist.: MV 5-1982, f. 1-12-82, ef. 2-1-82; March 1988, Renumbered from 735-032-0020; MV 9-1983, f. 10-5-83, ef. 10-15-83; MV 10-1984, f. 6-29-84, ef. 7-1-84; DMV 6-2012, f. & cert. ef. 6-27-12

735-010-0008

Definitions

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

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

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

(b) Market research which involves contacting individuals;

(c) Nonprofit entities seeking donations of labor, products or money; or

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

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

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

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

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

(6) “Confidential Information” includes:

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

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

(c) The residence address of an individual whose address is protected by law;

(d) Medical information; and

(e) Drug test information.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Name;

(c) Address (excluding five-digit zip code); and

(d) Telephone number.

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.179, 802.183, 803.370 & 807.050
Stats. Implemented: ORS 802.175 - 802.270, 803.220, 803.370, 807.050, 807.420, 807.560, 807.725 & 821.080
Hist.: DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 6-1999, f. & cert. ef. 12-17-99; DMV 10-2000, f. & cert. ef. 9-21-00; DMV 11-2005, f. 4-25-05, cert. ef. 5-1-05; DMV 29-2005, f. 12-14-05, cert. ef. 1-1-06; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 6-2012, f. & cert. ef. 6-27-12

735-010-0010

Exclusions From and Requirements to Obtain a Public Record

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

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

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

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

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

(c) DMV will accept a purchase order number if the purchaser is a government agency.

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

Stat. Auth.: ORS 184.616, 184.619, 192.440, 283.110, 802.010, 802.220, 802.230 & 802.530
Stats. Implemented: ORS 802.220
Hist.: MV 10-1984, f. 6-29-84, ef. 7-1-84; MV 25-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-032-0025; DMV 15-1998, f. 11-17-98, cert. ef. 12-1-98; DMV 6-2012, f. & cert. ef. 6-27-12

735-010-0030

Types of Driver and Identification Card Records Available and Their Fees

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Oregon Police Traffic Crash Report – The fee for a copy of an Oregon Police Traffic Crash Report is $9.50 for a certified copy or $8.50 for an uncertified copy. DMV will charge a search fee of $8.50 for an Oregon Police Traffic Crash Report that is requested but not found. The fee for bulk requests for copies of Oregon Police Traffic Crash Reports filed with DMV on a specific day are $.50 per report, plus postage, and are not available in certified form.

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

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

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

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

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

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

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

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

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

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

(b) The requester must provide paper or magnetic tape. No more than 50,000 records will be provided on paper.

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

(d) The fee for a driver records list furnished via File Transfer Protocol Secure (FTPS) is $700.

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

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

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

Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.010, 802.179, 802.183, 802.200, 802.220 & 802.230
Stats. Implemented: ORS 802.200, 746.265, 802.230, 802.220 & 825.412
Hist.: MV 10-1984, f. 6-29-84, ef. 7-1-84; MV 8-1985, f. & ef. 8-1-85; MV 20-1987, f. 9-21-87, ef. 10-1-87; Administrative Renumbering 3-1988, Re?num?bered from 735-032-0035; MV 44-1989, f. & cert. ef. 10-16-89; MV 15-1990, f. 8-30-90, cert. ef. 9-1-90; MV 12-1992, f. & cert. ef. 10-16-92; DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99; DMV 20-2001, f. & cert. ef. 10-18-01; DMV 1-2002, f. & cert. ef. 1-17-02; DMV 5-2005, f. & cert. ef. 2-16-05; DMV 16-2009, f. 9-29-09 cert. ef. 10-1-09; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 6-2012, f. & cert. ef. 6-27-12

735-010-0040

Types of Vehicle Records Available and Their Fees

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

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

(a) The fee for a certified vehicle record ordered by mail or through DMV’s Interactive Voice Response System (IVR) is $4. There is a $2.50 search fee if the vehicle record ordered cannot be found in the department’s computer file;

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

(c) The fee for vehicle record information provided orally through IVR is $2.00. When IVR is used and the vehicle record ordered cannot be found in the department’s computer file, a $2 search fee will be charged.

(2) Vehicle Title History – Copies of all title transactions to the extent DMV has kept such records. Current owner information will be provided by computer print at no extra charge. The fee for a vehicle title history if not certified is $22.50, $23.50 if certified;

(3) Previous Owner Information – Copies of the last title transaction showing prior owner and a computer print with the current owner information. The fee for previous owner information if not certified is $14, $15 if certified;

(4) Insurance Information Search – A search of the records to identify the insurance company and policy number provided to DMV for a vehicle or individual. This information may be provided orally or by letter. The fee for an insurance information search is $10;

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

(6) Meter Skip – A computer-produced print indicating vehicle description, registered owner name, address, expiration date and title date. No security interest holder information is given. A request for this information must specify “Meter Skip” or it will be assumed security interest holder information is needed, and the requester will be charged for a complete vehicle record or vehicle title history. Requests must be submitted in writing and in all cases the vehicle registration plate number must be provided. The fee for a meter skip is $1.50;

(7) Automated Meter Skips – Includes vehicle description, registered owner name, address, expiration date and title date. No security interest holder information is given. Requests for automated meter skips must be made via File Transfer Protocol Secure (FTPS). The fee for an automated meter skip is $.02 ($20 per thousand);

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

(9) Odometer Information Search – Includes a search of the department’s records for the most recent odometer reading provided to the DMV for a given vehicle. This information may be provided orally, by computer certified print, or copies of documents in the department’s files. The fee for an odometer information search is $2, $3 if the document copies are certified. The $2 fee will be required whether or not the record contains an odometer reading;

(8) Previous Odometer Reading Search – Includes a search of the department’s records for the most recent odometer reading supplied to DMV, and the one just previous to it for a given vehicle. Copies of the documents reflecting the readings will be provided. The fee for a previous odometer reading search if not certified is $3.50, $4.50 if certified. The $3.50 fee will be required regardless of whether previous records contain odometer information; and

(9) Odometer History Search – Includes a search of the vehicle records for all odometer readings provided to DMV on or after January 1, 1986, for a given vehicle. Copies of all previous odometer readings will be provided. The fee for an odometer history search if not certified is $25, $26 if certified. A $25 fee will be required regardless of whether any odometer readings are found.

Stat. Auth.: ORS 184.616, 814.619, 192.440, 802.179, 802.183, 802.220 & 802.230
Stats. Implemented: ORS 802.177, 802.179, 802.200, 802.220 & 802.230
Hist.: MV 10-1984, f. 6-29-84, ef. 7-1-84; MV 9-1985, f. & ef. 8-1-85; MV 5-1986, f. & ef. 3-3-86; MV 20-1987, f. 9-21-87, ef. 10-1-87; Administrative Renumbering 3-1988, Renumbered from 735-032-0040; MV 44-1989, f. & cert. ef. 10-16-89; MV15-1990, f. 8-30-90, cert. ef. 9-1-90; MV 12-1992, f. & cert. ef. 10-16-92; DMV 16-1998, f. 12-17-98, cert. ef. 1-1-99; DMV 20-2001, f. & cert. ef. 10-18-01; DMV 6-2012, f. & cert. ef. 6-27-12

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

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​