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Oregon Bulletin

September 1, 2012

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

Rule Caption: Increases the fee collected for the Vehicle Code Book to recoup DMV’s costs.

Adm. Order No.: DMV 7-2012(Temp)

Filed with Sec. of State: 7-19-2012

Certified to be Effective: 7-19-12 thru 1-15-13

Notice Publication Date:

Rules Amended: 735-012-0000

Subject: Pursuant to ORS 802.050, DMV publishes a biennial compilation of Oregon motor vehicle laws (Vehicle Code Book) for distribution to the public. The fee collected for the Vehicle Code Book is calculated to cover DMV’s cost to compile, publish and distribute the publication, Due to an increase in costs, DMV is increasing from $5 to $7, the fee collected for each book sold to cover DMV’s costs and to avoid a loss of revenues to the State Highway Fund. DMV must recoup its cost to avoid a violation of Article IX, section 3a of the Oregon Constitution. The fee for the Vehicle Code Book has not changed since 1991.

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

735-012-0000

Fees Charged for the DMV Administrative Rules Handbook and the Oregon Vehicle Code

(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) publishes the DMV Administrative Rules Handbook containing a compilation of chapter 735 administrative rules and the Oregon Vehicle Code, a biennial publication containing a compilation of Oregon motor vehicle laws. These publications are available to any person or organization for a fee that covers DMV’s actual costs.

(2) The fee for a DMV Administrative Rules Handbook is $16.

(3) The DMV Administrative Rules Handbook is updated periodically when chapter 735 rules are adopted, amended or repealed:

(a) In order to receive the updates, a person who purchases a DMV Administrative Rules Handbook shall pay a fee of $12 per year. This fee covers the cost to reproduce and mail the updates;

(b) The purchaser’s name shall be added to the mailing list to receive updates for one calendar year beginning January 1 and ending December 31, when the fee is received;

(c) The $12 fee shall be received by DMV before any updates for a calendar year are mailed;

(d) Updates for the calendar year in which the DMV Administrative Rules Handbook is originally purchased shall be included in the purchase price of the book.

(4) The actual cost to provide the DMV Administrative Rules Handbook is calculated from:

(a) The cost to print the handbook; and

(b) The cost to mail the handbook.

(5) The fee for an Oregon Vehicle Code is $7.

(6) The cost to provide the Oregon Vehicle Code is calculated from:

(a) The cost to compile and publish the code book; and

(b) The mailing costs.

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

Stat. Auth.: ORS 183.370, 192.440, 802.010 & 802.050
Stats. Implemented: ORS 183.370 & 802.050
Hist.: MV 16-1985, f. 12-19-85, ef. 1-1-86; Administrative Renumbering 3-1988, Renumbered from 735-032-0045; MV 9-1988, f. & cert. ef. 3-2-88; MV 15-1988, f. & cert. ef. 5-18-88; MV 50-1989, f. & cert. ef. 12-1-89; MV 28-1991, f. & cert. ef. 12-16-91; DMV 17-2001, f. & cert. ef. 9-21-01; DMV 7-2012(Temp), f. & cert. ef. 7-19-12 thru 1-15-13


 

Rule Caption: Implements section 1 of chapter 698, Oregon Laws 2011, regarding group registration plates.

Adm. Order No.: DMV 8-2012

Filed with Sec. of State: 7-19-2012

Certified to be Effective: 7-19-12

Notice Publication Date: 6-1-2012

Rules Amended: 735-040-0098

Subject: ORS 805.205(2)(a) requires DMV to collect a surcharge amount, as determined by DMV, for non-profit group plates. The surcharge amount may not be less than $2.50 per plate or more than $16 for each non-profit group plate issued or renewed. When setting the surcharge, DMV is required to consult with the non-profit group for which plates are issued. In August of 2009, after consulting with existing non-profit groups, DMV adopted OAR 735-040-0098 to set the surcharge amount for non-profit group plates at $2.50 per plate. Under OAR 735-040-0097, a non-profit group may request that DMV collect a surcharge amount more than $2.50 per plate.

 In consultation with the Children’s Trust Fund of Oregon Foundation, a non-profit group, DMV is setting the surcharge for Keep Kids Safe registration plates at $7.50 per plate for each year of the registration period. DMV has amended OAR 735-040-0098 to establish the $7.50 surcharge for Keep Kids Safe registration plates.

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

735-040-0098

Non-profit Group Plate Surcharge

In addition to any other fee authorized by law:

(1) DMV will collect a surcharge of $2.50 per plate for each year of the registration period upon issuance and renewal of a non-profit group plate.

(2) Notwithstanding section (1) of this rule, DMV will collect a surcharge of:

(a) $8 per plate for each year of the registration period upon issuance and renewal of a non-profit group plate that recognizes fallen public safety officers.

(b) $7.50 per plate for each year of the registration period upon issuance and renewal of the Keep Kids Safe registration plate as described under ORS 805.205.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 805.205
Stats. Implemented: ORS 805.205
Hist.: DMV 15-2009(Temp), f. & cert. ef. 8-24-09 thru 2-17-10; DMV 1-2010, f. & cert. ef. 1-28-10; DMV 14-2010(Temp), f. 8-27-10, cert. ef. 9-1-10 thru 2-28-11; DMV 1-2011, f. & cert. ef. 1-28-11; DMV 8-2012, f. & cert. ef. 7-19-12


 

Rule Caption: Exemption from Collection of Biometric Data if Exposure to Camera Flash May Cause Seizure.

Adm. Order No.: DMV 9-2012

Filed with Sec. of State: 7-19-2012

Certified to be Effective: 7-19-12

Notice Publication Date: 6-1-2012

Rules Amended: 735-062-0016

Subject: In July 2008, DMV began collecting biometric data for the purpose of establishing an applicant’s identity. The photograph taken for a driver license, driver permit or identification card is the biometric data. DMV’s process for taking a photograph has changed due to the nature of the facial recognition software used for the collection of biometric data. No longer is a person allowed to be photographed wearing eyeglasses or with closed eyes. Photographs for collecting biometric data must be taken in DMV field offices using special cameras that include a flash. On rare occasions an applicant will object to being photographed because the flash on the camera triggers a photosensitivity that may result in a seizure or other serious medical condition. ORS 807.024 (2) authorizes DMV, by rule, to provide for the issuance, renewal and replacement of a driver license, driver permit or identification card without the collection of biometric data. DMV has determined that having a recent photograph on the driver license or ID card, even if the person’s eyes are closed, is better than no photograph as authorized under OAR 735-062-0120 for a person who objects either on religious grounds or because of the applicant’s facial disfigurement, or with a previous photograph as authorized under OAR 735-062-0125 for a person who is out-of-state or medically unable to appear in a field office to obtain a recent photograph. Therefore, DMV has amended OAR 735-062-0016 to authorize DMV to photograph a person with his or her eyes closed when the applicant provides documentation from a physician that the applicant may suffer a seizure or other serious medical condition due to the flash on the camera.

 DMV has also changed the citation of a statute listed in Section (8) and Section (9) as Chapter 61, Oregon Laws (SB 1000) amended ORS 807.400 in such a way as to renumber subsections.

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

735-062-0016

Requirements for Establishing Identity Under ORS 807.024 and Consequences of Applicant’s Failure to Establish Identity

(1) An applicant for an original, renewal or replacement driver license, driver permit or identification card must submit to the collection of biometric data, as provided in ORS 807.024, for the purpose of establishing identity, unless the applicant meets the requirements of OAR 735-062-0120, 735-062-0125, or section (3) of this rule.

(2) To collect biometric data DMV will take a digital photograph of the applicant which must:

(a) Be full-faced;

(b) Clearly show the iris and pupil of each eye; and

(c) Capture the applicant’s natural appearance in accordance with the requirements set forth in section (4) of this rule.

(3) Notwithstanding subsection (2)(b) of this rule, an applicant for an original, renewal or replacement driver license, driver permit or identification card may be photographed with his or her eyes closed if the applicant provides documentation from a licensed physician, satisfactory to DMV, that indicates that the camera flash may cause a seizure or other serious medical condition. Except for subsection (4)(b) of this rule, the person must comply with all other requirements for the digital photograph and must establish identity as set forth in section (5) of this rule.

(4) To comply with Section (2) of this rule, DMV will require the applicant to:

(a) Remove any eyeglasses;

(b) Remove any contact lens that significantly changes the appearance of the applicant’s eye;

(c) Remove any clothing or similar material that partially or completely covers the applicant’s face;

(d) Remove any head covering, including a hat or cap, unless the head covering is for medical or religious reasons. A head covering worn for medical or religious reasons must not cover or distort the applicant’s face; and

(e) Remove makeup, face paint, jewelry, sticker or other temporary substance that covers or distorts all or part of the face so as to significantly alter the applicant’s natural appearance and which DMV determines is likely to affect the biometric measurements of the digital photograph.

(5) Except as provided in OAR 735-062-0120, 735-062-0125, if an applicant’s identity is not established by the biometric data submitted pursuant to subsection (1) of this rule, the applicant must provide documentation or other evidence sufficient to establish the applicant’s identity to the satisfaction of DMV. The documents or other evidence may include, but are not limited to, one or more of the following:

(a) Documents listed in OAR 735-062-0020 that provide proof of the applicant’s identity and date of birth to the satisfaction of DMV.

(b) The applicant’s SSN and proof and verification of the SSN as provided in OAR 735-062-0005.

(c) A letter from a treating physician that identifies the person and states a medical reason for the person’s change in appearance, if applicable.

(d) A document or letter from a law enforcement agency verifying identity; or

(e) A court document verifying identity.

(6) Except as provided in OAR 735-062-0120 and 735-062-0125, DMV will not issue a driver license, driver permit or identification card, if the applicant’s identity is not established under this rule.

(7) Pursuant to ORS 809.310(3) and OAR 735-070-0004, DMV will suspend an applicant’s driving privileges and the person’s right to apply for driving privileges if the person fails to establish his or her identity as required by this rule and the failure to establish identity is the result of the applicant’s committing any of the acts identified in ORS 809.310(3)(a) through (h).

(8) Pursuant to ORS 809.310(1), 807.400(17), and OAR 735-070-0004, DMV will cancel a driver license, driver permit or identification card issued to an applicant who fails to establish his or her identity as required by this rule when applying for the license, permit or identification card.

(9) Pursuant to ORS 809.310(2), 807.400(17), and OAR 735-070-0004, DMV will cancel a driver license, driver permit or identification card issued to an applicant who fails to establish his or her identity as required by this rule when applying for the license, permit or identification card, and the failure to establish identity is the result of the applicant’s providing false information to DMV.

(10) If, based on the identification procedures required under section (1) or section (2) of this rule, DMV determines that an applicant has used different names to identify himself or herself in different applications submitted to DMV and the different names are not the result of the applicant’s having legally changed his or her name, DMV may take the actions authorized by ORS 809.135.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.021 & 807.024
Stats. Implemented: ORS 807.021, 807.024, 807.400, 809.135, 809.310, 807.400 & 809.411
Hist.: DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 13-2010, f. & cert. ef. 7-30-10; DMV 6-2011, f. & cert. ef. 6-21-11; DMV 11-2011, f. & cert. ef. 11-23-11; DMV 9-2012, f. & cert. ef. 7-19-12


 

Rule Caption: Proof of Treatment Completion Required for Reinstatement of DUII Suspension.

Adm. Order No.: DMV 10-2012

Filed with Sec. of State: 7-19-2012

Certified to be Effective: 7-19-12

Notice Publication Date: 6-1-2012

Rules Amended: 735-070-0085

Subject: Oregon Laws 2012, Chapter 9 (Enrolled HB 4011), requires a person convicted of Driving Under the Influence of Intoxicants (DUII) to provide proof to the Department of Transportation that the person completed a treatment program unless DMV waives the requirement for good cause. DMV is required to establish the criteria for what constitutes good cause by administrative rule. Therefore, DMV has amended OAR 735-070-0085 to specify such criteria and the basis for DMV’s finding of just cause. The rule was amended further to specify what constitutes proof of completion of a DUII treatment program.

 As Oregon Laws 2012, Chapter 9, Section 7 established an emergency for immediate implementation of the law, DMV adopted a rule amendment as a temporary rule effective March 26, 2012. This rule amendment differs slightly from the version adopted temporarily, because DMV learned more about the types of documents and requests that are submitted.

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

735-070-0085

Proof of Treatment Completion Required for Reinstatement of DUII Suspension

(1) Except as provided in section (3) of this rule, a person whose driving privileges are suspended due to a conviction in an Oregon court of driving under the influence of intoxicants (DUII) must provide proof that the person completed a treatment program to which the person was referred under ORS 813.021. DMV will accept the following as proof that the person completed the required treatment:

(a) A DUII Treatment Completion Certificate, DMV Form 735-6821, completed by an authorized representative of an Oregon DUII treatment program approved by the Director of the Oregon Health Authority (OHA) or by an authorized representative of OHA on behalf of an Oregon DUII treatment provider or an out-of-state DUII treatment provider.

(b) A copy of the report to the referring court, or to an agency authorized to receive the report, from an authorized representative of the agency or organization that conducted the person’s screening interview stating that the person has successfully completed a DUII treatment program.

(c) A letter from a referring court stating that the court has determined that the person has completed the DUII treatment program to which the person was referred under ORS 813.021.

(2) If the person has more than one suspension of driving privileges resulting from DUII convictions, the proof required under section (1) of this rule is sufficient for reinstatement of all DUII suspensions with arrest dates that were before the date treatment was completed. For purposes of this section, the proof must show the date treatment was completed.

(3) DMV may waive the requirement to provide proof upon showing of good cause. A person requesting a waiver must submit the request in writing and provide an explanation satisfactory to DMV as to why there is good cause to waive the requirement. Upon such request, DMV may find good cause when all of the following occur:

(a) Seven years have elapsed since the person’s last DUII conviction;

(b) The person’s Oregon driving record and a search of the National Driver Register/Problem Driver Pointer System (NDR/PDPS) show no alcohol or drug-related convictions, suspensions or diversion agreements in the past seven years; and

(c) The person provides documentation, acceptable to DMV, showing the person does not have a problem condition involving alcohol, inhalants or controlled substances as described in ORS 813.040. Documentation may be, but is not limited to, the following:

(A) A certificate or letter showing completion of an alcohol or drug dependency treatment program after the person’s last DUII; or

(B) An assessment finding the person does not have a problem condition involving alcohol, inhalants or controlled substances, from a person qualified to perform assessments for the treatment of alcoholism, drug dependency or dependency on inhalants.

Stat. Auth.: ORS 184.616, 184.619, 802.010, ORS 809.380 OL 2012, Ch. 9
Stats. Implemented: OL 2012, Ch. 9
Hist.: DMV 5-1994, f. & cert. ef. 7-21-94; DMV 4-2012(Temp), f. & cert. ef. 3-26-12 thru 9-21-12; DMV 10-2012, f. & cert. ef. 7-19-12

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

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