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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 62

DRIVER LICENSING

735-062-0002

Definitions

As used in this division the following definitions apply:

(1) “Biometric data” means measurements of the physical characteristics of a person’s face that can be used to authenticate the identity of the person.

(2) “CDL skills test” is a pre-trip vehicle inspection test, a basic control skills test or an on-road driving test.

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

(4) “Driving type” is as defined in OAR 735-063-0000(7).

(5) “Legal presence” or “legal presence in the United States” means that a person is a citizen or permanent legal resident of the United States or is otherwise legally present in the United States under federal immigration laws.

(6) “SSA” means the Social Security Administration.

(7) “SSN” means Social Security Number.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.021 & 807.050
Stats. Implemented: ORS 801.163, 802.200, 807.021, 807.024, 807.050
Hist.: DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12

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

735-062-0007

Driver Permits or Driver Licenses

(1) Before the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will issue a driver permit or driver license, the person applying for the driver permit or driver license must:

(a) Satisfy all requirements set forth in ORS 807.040 and 807.060(2)(a) if under the age of 18. For purposes of ORS 807.060 and this subsection:

(A) “Mother” means the biological or adoptive mother of the applicant;

(B) “Father” means the biological or adoptive father of the applicant; and

(C) “Legal guardian” means an individual, or the authorized representative of an entity, private or public institution or agency appointed as guardian of the applicant by a court having jurisdiction.

(b) Satisfy all requirements set forth in ORS 807.065 and 807.066 to receive a driver license (provisional) if under 18 years of age;

(c) Provide a verifiable SSN or proof that the person is not eligible for a SSN as provided in OAR 735-062-0005;

(d) Provide proof of legal presence as provided in OAR 735-062-0015;

(e) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016;

(f) Provide proof of the person’s identity and date of birth as provided in OAR 735-062-0020;

(g) Provide proof of the person’s residence address as provided in OAR 735-062-0030;

(h) Provide proof, as provided in OAR 735-016-0070, that the person is domiciled in or a resident of Oregon;

(i) Surrender all driver permits and driver licenses in the person’s possession issued outside of Oregon.

(j) In addition to all requirements in subsections (a) through (i) of this section, a person applying for a commercial driver license or commercial instruction permit must:

(A) Certify driving type; and

(B) Meet medical qualifications as described in OAR 735-063-0050.

(C) Satisfy all requirements set forth in ORS 807.045 and OAR 735-062-0200 if the person holds a commercial driver license from another jurisdiction.

(2) A person is not eligible for driving privileges under ORS 807.060(4) or (5) and DMV will not issue or renew driving privileges or replace a driver license or driver permit if on an application for driving privileges or a replacement license or permit a person:

(a) Answers yes to the question “Do you have a vision condition or impairment that has not been corrected by glasses, contacts or surgery that affects your ability to drive safely?” and the person is unable to pass a DMV vision screening;

(b) Answers yes to the question “Do you have any physical or mental conditions or impairments that affect your ability to drive safely?”;

(c) Answers yes to the question “Do you use alcohol, inhalants, or controlled substances to a degree that affects your ability to drive safely?”

(3) A person who is denied issuance or renewal of driving privileges or replacement of a driver license or driver permit under section (2) of this rule will be allowed to establish or reestablish eligibility by passing DMV examinations under ORS 807.070, by getting a determination of eligibility from the Medical Determination Officer under ORS 807.090 or both, as determined by DMV. The requirement may be waived if DMV determines the application was completed in error and the person is eligible for driving privileges.

(4) Upon receipt of an application for a driver license or driver permit, DMV will make an inquiry to the National Driver Register/Problem Driver Pointer System (NDR/PDPS) or the Commercial Driver License Information System (CDLIS) or both to determine if the applicant’s driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction. For issuance of a commercial driver license (CDL), DMV will also make an inquiry to CDLIS to determine if the applicant has been issued a CDL in another jurisdiction.

(5) DMV may require the applicant to provide a clearance letter in compliance with OAR 735-062-0160, indicating the applicant has valid driving privileges from any jurisdiction in which an inquiry with the National Driver Register/Problem Driver Pointer System (NDR/PDPS) or the Commercial Driver License Information System (CDLIS) or both indicates the applicant’s driving privilege is not fully valid.

(6) DMV will not issue driving privileges to a person until his or her driving privilege is reinstated in all jurisdictions, unless the only remaining reinstatement requirement in the other jurisdiction is proof of financial responsibility. Nothing in this section prohibits DMV from issuing a regular Class C driver license to a person whose CDL driving privileges are not valid as long as the person’s regular Class C or equivalent driving privileges are valid.

(7) DMV will not issue a driver license or permit to a person with a current, valid Oregon identification card (ID card). To become eligible, the person must surrender the ID card before DMV may issue the Oregon driver license or permit. If the person’s ID card is lost or destroyed, the person must make a statement that the card is lost or destroyed and that it will be returned to DMV if found.

(8) A driver license issued to a person with a February 29 birth date expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On 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 license or permit and mail it to the address provided by the applicant at the time of the 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 driver license or limited term driver permit and mail it to the address provided by the applicant at the time of the application. The expiration date of a limited term driver license or limited term driver permit is as described in ORS 807.130(3).

(11) DMV will issue a person who is a citizen of a country with a Compact of Free Association with the United States and who provides proof of legal presence as set forth in OAR 735-062-0015, a driver license with an expiration date as described in ORS 807.130(1) or (2).

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.021, 807.040, 807.050, 807.060, 807.120, 809.310 & 807.050
Stats. Implemented: ORS 807.021, 807.040, 807.060, 807.066 & 807.130
Hist.: MV 14-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0000; MV 6-1990, f. & cert. ef. 4-2-90; MV 14-1992, f. & cert. ef. 10-16-92; MV 16-1992, f. & cert. ef. 12-16-92; DMV 12-2000, f. & cert. ef. 9-21-00; DMV 3-2003, f. & cert. ef. 4-21-03; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 27-2005, f. 12-14-05 cert. ef. 1-1-06; DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08; Renumbered from 735-062-0000, 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 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 19-2013, f. 12-20-13, cert. ef. 1-1-14

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 issue to a person with a February 29 birth date expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On 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. The expiration date of a limited term driver license or limited term driver permit is as described in ORS 807.130(3).

(11) DMV will issue a person who is a citizen of a country with a Compact of Free Association with the United States and who provides proof of legal presence as specified in OAR 735-062-0015 an identification card with an expiration date as described in ORS 807.400(8).

(12) DMV may renew an identification card as provided in OAR 735-062-0090 or may do so using a previous photograph only as provided 735-062-0125.

(13) DMV may replace an identification card as provided in OAR 735-062-0110 or may do so using a previous photograph only as provided 735-062-0125.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.021, 807.040, 807.050 & 807.400
Stats. Implemented: ORS 807.021, 807.022 807.130 & 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; DMV 12-2013, f. & cert. ef. 9-24-13; DMV 19-2013, f. 12-20-13, cert. ef. 1-1-14

735-062-0012

Veteran Designation on a Driver License, Driver Permit or Identification Card

(1) A person who is a veteran, as defined in ORS 408.225, may request that DMV add a veteran designation to the person’s driver license, driver permit or identification card.

(2) DMV will accept the following as proof the person is a veteran:

(a) For discharge from military service in 1950 or after, a U.S. Defense Department Form 214, Certificate of Release or Discharge from Active Duty (DD 214), or a Correction to DD 214 Form (DD 215); or

(b) For discharge from military service before 1950, a separation document or form issued by a branch or department of the US Armed Services.

(3) The request for a veteran designation may be made when applying for an original, renewal or replacement driver license, driver permit or identification card. The veteran designation will remain on the person’s driver license, driver permit or identification card, except as specified in section (4) of this rule.

(4) A person may request a veteran designation be removed when renewing or replacing a driver license, driver permit or identification card.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.110, 807.160, 807.400
Stats. Implemented: ORS 807.110, 807,160, 807.400
Hist.: DMV 19-2010, f. 10-25-10, cert. ef. 1-1-11

735-062-0014

Proof of Legal Name

(1) If the applicant’s current legal name is different from the name in the document submitted to prove legal presence pursuant to OAR 735-062-0015, the applicant must provide proof of the applicant’s current legal name sufficient to establish that he or she is the same person named in the document submitted as proof of legal presence.

(2) There must be sufficient connection between information shown on the legal presence document and the proof of the applicant’s current legal name for DMV to determine that the applicant is the person named in the legal presence document. Examples of connecting information include first name, middle name or middle initial, previous surnames used, date of birth, place of birth, social security number or mother’s maiden name.

(3) DMV may accept an identity document listed in OAR 735-062-0020 as proof of the applicant’s current legal name.

(4) DMV may use the applicant’s DMV record to help establish a connection between the identity document and the document used to establish legal presence.

(5) If the applicant’s proof of legal name does not establish the applicant is the same person named in the document submitted as proof of legal presence, or the applicant’s identity document or DMV record do not show the person’s current legal name, the applicant must provide documentary proof of a legal name change. Documentary proof of an applicant’s legal name change may include, but is not limited to: an official government-issued marriage document, a divorce decree, a certificate of registered domestic partnership, a judgment of dissolution or annulment of marriage or domestic partnership, an adoption decree, and a court decree, order or judgment legally changing the applicant’s name.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & OL 2008, Ch 1
Stats. Implemented: OL 2008, Ch 1
Hist.: 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

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

735-062-0016

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

735-062-0020

Proof of Identity and Date of Birth Requirements

(1) A person who applies for an original, renewal or replacement driver permit, driver license, or identification card must provide valid documentary proof of the person’s identity and date of birth prior to the issuance of such driver permit, driver license, or identification card. Documents must be original or certified copies.

(2) Except as provided in section (3) of this rule, documents acceptable as proof of identity and date of birth include, but are not limited to:

(a) Any document that provides proof of legal presence as provided in OAR 735-062-0015.

(b) U.S. Military documents including:

(A) Military or Armed Forces ID card;

(B) Military Common Access Card; or

(C) U.S. Uniform Services ID and Privileges card (DD1173 and DD1173-1).

(c) Tribal ID card from a federally recognized tribe located in Oregon or a federally recognized tribe with an Oregon affiliation if DMV determines:

(A) The procedures used in issuing the card are sufficient to prove a member’s identity and date of birth; and

(B) The card contains security features that are sufficient to prevent alteration or counterfeiting of the card.

(d) Canadian Government Issued Birth Certificate;

(e) Out-of-state, District of Columbia, U.S. Territorial government or Canadian driver license, instruction permit or identification card, that contains the applicant’s photograph, not expired more than one year unless hole-punched or marked “Not Valid as ID.”

(f) Oregon driver license, instruction permit, or identification card, not expired more than one year. For the purposes of this subsection, DMV will not accept a driver license or identification card that was issued without a photograph, or issued with a previous photograph as described in OAR 735-062-0125.

(g) U.S. Department of State driver license or Non-driver ID card not expired more than one year.

(h) Oregon Concealed Weapon Permit/Concealed Handgun License, not expired more than one year.

(i) A letter verifying identity provided by an Oregon County Community Corrections agency if:

(A) DMV determines the procedures used in issuing the letter are reasonably equivalent to DMV standards for verification of a person’s age and identity; and

(B) The letter contains security features that are sufficient to prevent alteration or counterfeiting of the letter.

(j) A letter verifying identity provided by the U.S. Pretrial Services if:

(A) DMV determines the procedures used in issuing the letter are reasonably equivalent to DMV standards for verification of a person’s age and identity; and

(B) The letter contains security features that are sufficient to prevent alteration or counterfeiting of the letter.

(k) A letter verifying identity provided by the Oregon Youth Authority Agency if:

(A) DMV determines the procedures used in issuing the letter are reasonably equivalent to DMV standards for verification of a person’s age and identity; and

(B) The letter contains security features that are sufficient to prevent alteration or counterfeiting of the letter.

(l) A letter verifying identity provided by a U.S. District Court Probation Office if:

(A) DMV determines the procedures used in issuing the letter are reasonably equivalent to DMV standards for verification of a person’s age and identity; and

(B) The letter contains security features that are sufficient to prevent alteration or counterfeiting of the letter.

(m) Oregon Department of Correction Release Identification card, issued after April 30, 2005.

(n) The applicant’s DMV record, including the applicant’s digital photo, if the applicant has previously been issued an Oregon driver license, driver permit or identification card.

(3) A person who is renewing or replacing a driver license or identification card issued pursuant to OAR 735-062-0125 must provide an original or certified copy of one of the following documents as proof of identity and date of birth:

(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).

(L) Resident Alien card.

(m) Permanent Resident card (I-551).

(n) Permit to Re-Enter (I327).

(4) DMV will not accept a document as proof of identity and date of birth if DMV has reason to believe the document is not valid. DMV may request an applicant for a driver permit, driver license, or identification card to present additional documentary proof of identity and date of birth if the document presented does not establish the applicant’s identity or date of birth to the satisfaction of DMV.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.050, 807.150 & 807.400
Stats. Implemented: ORS 807.050, 807.062, 807.150, 807.160, 807.220, 807.230 & 807.280
Hist.: MV 14-1987, f. 9-21-87, ef. 9-27-87; March 1988, Renumbered from 735-031-0016; MV 6-1990, f. & cert. ef. 4-2-90; DMV 12-1997, f. & cert. ef. 11-17-97; DMV 7-2001, f. & cert. ef. 3-7-01; DMV 34-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04; DMV 5-2004, f. & cert. ef. 3-25-04; DMV 21-2004(Temp), f. & cert. ef. 10-1-04 thru 3-29-05; DMV 8-2005, f. & cert. ef. 2-16-05; DMV 9-2006, f. & cert. ef. 8-25-06; 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 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

735-062-0030

Proof of Residence Address

(1) DMV requires all applicants for an original driver permit, driver license, or identification card to present at least one document showing the applicant's name and current residence address. Current residence address is the address where the applicant actually lives, and DMV will include this address on the permit, license, or identification card. Acceptable documents include any of the items listed in section (3) of this rule.

(2) DMV requires all applicants who apply for a renewal or replacement driver permit, driver license, or identification card to present at least one document showing the applicant's current residence address if the applicant's address has changed since the last time the driver permit, driver license or identification card was issued or renewed. Acceptable documents include any of the items listed in section (3) of this rule.

(3) Proof of residence address includes any of the following documents that show the applicant's current residence address:

(a) Any proof of identity and date of birth document listed in OAR 735-062-0020 containing the applicant’s current residence address.

(b) Mortgage documents.

(c) A verbal statement from the parent, step-parent or guardian of an applicant attesting to the applicant's residence address. The parent, step-parent or guardian must reside at the same address as the applicant. In addition, the parent, step-parent or guardian must present one acceptable proof of address document as set forth in this rule that shows the current residence address of the applicant.

(d) A verbal statement of the applicant's spouse or partner in a domestic partnership. The spouse or partner must reside at the same address as the applicant. In addition, the spouse or partner must accompany the applicant and present one acceptable proof of residence address document as set forth in this rule.

(e) Utility hook-up order or account statement issued by the utility company.

(f) Payment booklet.

(g) Mail, sent to the current resident address, which is dated within 60 days of the application for the license, permit or identification card. DMV will accept mail from the following sources:

(A) U.S. Treasury;

(B) Social Security Administration;

(C) State or Federal Revenue Department;

(D) Government agencies. (Mail received from DMV containing only a residence address);

(E) Utility companies;

(F) Insurance companies; and

(G) Originators of out-of-state clearance letter.

(h) Oregon vehicle title or registration documents belonging to the primary owner listed and may only contain the owner’s residence address.

(i) Oregon manufactured structure ownership documents.

(j) Oregon voter notification card.

(k) Selective Service card.

(l) Medical or health benefits card.

(m) Educational institution transcript forms or other school documents showing enrollment for the current school year.

(n) An unexpired professional license issued by an agency in the United States.

(o) Form DS2019, Certificate of Eligibility for Exchange Visitor (J-1) Status.

(p) Letter from the Oregon State Hospital, Oregon Veteran Rehabilitation Center, a homeless shelter, a transitional service provider, nursing home, assisted/independent living care facility/home, adult care service provider/skill nursing facility, or halfway/group home certifying the applicant’s residence address, approved by DMV.

(4) If the applicant does not have a residence address, DMV may accept a descriptive address with a mailing address. DMV may require the applicant to provide proof that no residence address has been assigned to the property. Such proof may include, but is not limited to, a statement from the U.S. Postal Service or from the Assessor's office in the county in which the property is located.

(5) An applicant who is homeless may use a descriptive address of the location where he/she actually resides, e.g., “under the west end of Burnside Bridge.” The applicant must prove that he or she is a resident or domiciled in Oregon pursuant to OAR 735-016-0040. In addition to the descriptive address, the applicant must also provide a mailing address.

(6) An applicant who travels continuously may use a residence address of “continuous traveler.” The applicant must prove that he or she is a resident or domiciled in Oregon pursuant to OAR 735-016-0040. In addition to the use of “continuous traveler,” the applicant must also provide a mailing address.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.050, 807.150 & 807.400
Stats. Implemented: ORS 807.110, 807.160 & 807.400
Hist.: MV 14-1987, f. 9-21-87, ef. 9-27-87; March 1988, Renumbered from 735-031-0017; DMV 2-1995, f. & cert. ef. 2-10-95; DMV 12-1997, f. & cert. ef. 11-17-97; DMV 34-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04; DMV 5-2004, f. & cert. ef. 3-25-04; DMV 21-2004(Temp), f. & cert. ef. 10-1-04 thru 3-29-05; DMV 8-2005, f. & cert. ef. 2-16-05; DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05; DMV 23-2005, f. & cert. ef. 11-18-05; DMV 9-2006, f. & cert. ef. 8-25-06; 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 5-2008, f. & cert. ef. 2-4-08; DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08

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

735-062-0035

Proof of School Attendance, Completion or Exemption

DMV will require an applicant under 18 years of age to provide proof of school attendance, completion or exemption before issuing a driving privilege when no privilege has been issued to the applicant previously or the applicant’s driving privilege has been revoked or cancelled. DMV must also view proof of school attendance, completion or exemption before reinstating a driving privilege suspended for failure to attend school. The following are proof of attendance, completion or exemption from school:

(1) Proof of high school graduation includes:

(a) The applicant’s high school diploma or a copy thereof;

(b) A certified copy of the applicant’s high school transcript showing that the applicant has graduated; or

(c) A letter on school letterhead and signed by the principal or the principal’s designee stating the applicant has graduated from high school.

(2) Proof of receipt of a General Educational Development (GED) certificate includes:

(a) The applicant’s GED certificate or copy thereof; or

(b) A letter from the Department of Community Colleges and Workforce Development, on agency letterhead and signed by an authorized representative, stating that the applicant has received a GED certificate.

(3) The Statement of Enrollment form (DMV form #735-7185) signed by the principal or designee of the principal of the secondary school attended by the applicant.

(4) The Statement of Enrollment form (DMV form #735-7185) signed by an authorized representative of a community college attended by the applicant showing that the applicant is making satisfactory progress toward a GED certificate.

(5) The Statement of Enrollment form (DMV form #735-7185) signed by the authorized representative of a community college attended by the applicant showing that the applicant is making satisfactory progress toward a high school diploma.

(6) The Statement of Enrollment form (DMV form #735-7185) signed by the authorized representative of the education service district or school district having jurisdiction over the area of the applicant’s residence showing that the applicant is being taught by a private teacher or parent in compliance with ORS 339.035.

(7) A statement signed by the applicant, along with any supporting documentation, describing why the applicant cannot attend school due to circumstances beyond the applicant’s control. Based upon the information submitted, DMV will determine whether or not the applicant is exempt from school attendance. This determination is only for the purpose of issuing driving privileges and does not exempt the applicant from any requirement to attend school.

(8) Proof that the applicant is exempt from school attendance under ORS 339.030(2) includes:

(a) The Statement of Enrollment form (DMV form #735-7185) signed by the designated representative of the education service district or school district having jurisdiction over the area of the applicant’s residence showing that the applicant has been declared exempt from school attendance under ORS 339.030(2).

(b) A letter from the education service district or school district having jurisdiction over the area of the applicant’s residence or State Board of Education, on letterhead and signed by a designated representative, stating that applicant has been granted an exemption from school attendance under ORS 339.030(2).

(9) DMV will waive the reinstatement fee for a person whose driving privileges were suspended under ORS 809.423(3) if the person provides:

(a) Proof of high school graduation as provided in section (1) of this rule; or

(b) Proof of a GED certificate as provided in section (2) of this rule.

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

Stat. Auth.: ORS 184.616, 184.619 & 807.066
Stats. Implemented: ORS 807.066
Hist.: DMV 6-2000(Temp), f. 8-10-00, cert. ef. 9-1-00 thru 2-27-01; DMV 13-2000, f. & cert. ef. 10-13-00; DMV 26-2009, f. 12-22-09, cert. ef. 1-1-10

735-062-0040

Knowledge Test

(1) Applicants for an original driver permit, driver license or endorsement must pass the knowledge test(s) required under ORS 807.070(2) and, if applicable, 807.065(1)(b).

(2) The knowledge test(s) will be specific to the class of license or endorsement sought. The test(s) will examine the applicant’ knowledge and understanding of traffic laws, safe driving practices and factors that cause accidents.

(3) All knowledge tests are closed book. During a test an applicant is not allowed to use any study guides, manuals, notes, electronic devices or any other items to assist the applicant in obtaining answers to the test questions. During a test an applicant may not obtain an answer to any test question from another person.

(4) The first knowledge test for a driver license, permit or endorsement may be conducted the day the applicant becomes eligible for the test. If the applicant fails the first knowledge test, additional tests shall be conducted, as needed, with the following frequency:

(a) A second test may be conducted on any day after the day of the first test;

(b) A third test may be conducted on any day after the day of the second test;

(c) A fourth test may be conducted on any day after the third test;

(d) A fifth test may be conducted no sooner than 28 days after the fourth test; and

(e) Any subsequent test may be conducted no sooner than 28 calendar days after the previous test.

(5) If a compelling reason is shown the DMV may waive the waiting period for a knowledge test required by section (4) of this rule. Reasons for waiving the waiting period include, but are not limited to:

(a) The person can demonstrate he or she failed the test due to a cognitive or functional impairment. A statement from the person’s doctor describing how the impairment affects the person’s ability to pass a knowledge test is required;

(b) The person can demonstrate that failure to pass the test will result in loss of his or her job or a job opportunity;

(c) The person was not given an oral test when an oral test was requested; or

(d) The person requested but was not given the test in his/her native language and the test is available in the language requested.

(6) The waiting period between knowledge test failures is determined by the number of times an applicant fails a specific type of test. For example, the failure of a Class C driver license knowledge test and a Class A commercial driver license knowledge test the same day is considered as one test failure for each knowledge test, not two failures.

(7) An applicant is cheating on a knowledge test if during the test a DMV employee observes behaviors such as, but not limited to, the following:

(a) The applicant clearly using notes, a study guide, a copy of the test, or any other kind of written material that may provide the answer to a test question.

(b) The applicant clearly using an electronic device with the capability for sound, email, text messages, web access including, but not limited to, a cellular phone, personal digital assistant or wireless handheld device.

(c) The applicant clearly obtaining answers to test questions from another person, either verbally or through the use of any type of physical gesture or signal.

(8) DMV will determine that the applicant is cheating if a DMV office manager, office team leader, or designee confirms the observation of the DMV employee as described in section (7) of this rule. If DMV determines that an applicant is cheating DMV will stop the test and record a failing score.

(9) Except as otherwise provided in this section, if DMV stops a test because of cheating, the applicant must wait 90 days before he or she may take a subsequent knowledge test. DMV may waive the 90-day waiting period required under this section if the person provides proof the waiting period creates an extreme hardship. The person must provide evidence of the hardship such as, but not limited to:

(a) A statement from an employer that the person’s inability to obtain driving privileges or an endorsement will result in the loss of a job or of a job opportunity because the job requires driving a motor vehicle; or

(b) A statement from a physician that the person or a member of the person’s immediate family is in need of regular medical treatment and that there is no alternative transportation.

(10) When DMV determines an applicant cheated on a knowledge test as described in section (8) of this rule, the applicant may request an administrative review. The following apply to an administrative review request:

(a) DMV will notify the applicant of the right to request an administrative review at the time the test is stopped.

(b) The applicant must request an administrative review within 60 days from the date of notice. The 90-day waiting period will remain in effect and will not be rescinded or stayed by DMV pending the outcome of the administrative review.

(c) A request for an administrative review must be in writing and must include:

(A) The person’s full name;

(B) The person’s complete mailing address;

(C) The person’s Oregon driver license number, identification card number or customer number, if available; and

(D) A brief statement of the facts and any evidence the person wants to present showing he or she should not be subject to the 90-day waiting period or proof of extreme hardship if the person is requesting a waiver of the 90-day period as described in section (9) of this rule.

(d) A request for an administrative review should also include the person’s date of birth.

(e) To be received by DMV, the request for an administrative review must be:

(A) Personally delivered to DMV Headquarters, 1905 Lana Avenue NE, Salem, OR;

(B) Delivered by mail to DMV Headquarters, 1905 Lana Avenue NE, Salem OR 97314; or

(C) Received by facsimile machine at FAX number (503) 945-5497.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.200, 802.540, 807.070
Stats. Implemented: ORS 807.070, 807.530, 809.310
Hist.: MV 14-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0023; MV 8-1988, f. & cert. ef. 3-2-88; MV 16-1989, f. 8-25-89, cert. ef. 4-2-90; MV 7-1991, f. & cert. ef. 7-16-91; DMV 3-2002, f. & cert. ef. 3-14-02; DMV 6-2007, f. 5-24-07, cert. ef. 9-1-07; DMV 6-2007, f. 5-24-07, cert. ef. 9-1-07; DMV 3-2009, f. & cert. ef. 2-20-09

735-062-0050

Eyesight Check Content and Standards

(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will check the following items when testing the eyesight of an applicant for a driver permit or driver license:

(a) Acuity; and

(b) Field of vision.

(2) To qualify for driving privileges, a person must meet the following eyesight standards:

(a) Acuity: The person must have a visual acuity level of 20/70 or better when looking through both eyes (or one eye if the person has usable vision in only one eye). A person with usable vision in both eyes will meet the standard if the visual acuity level in one eye is worse than 20/70 so long as the visual acuity level in the other eye is 20/70 or better;

(b) Field of vision: The person must have a field of vision of at least 110 degrees; and

(c) Daylight driving only: DMV will restrict the person's driving privileges to daylight driving only, if the person's best eye is worse than 20/40 and no worse than 20/70, unless in the written opinion of a licensed vision specialist (ophthalmologist or optometrist), the person's driving should not be restricted. DMV will not restrict a person whose vision is 20/40 or better to daylight driving only unless in the written opinion of a licensed vision specialist, such restriction is warranted.

(3) DMV may issue a driver permit or driver license only to a person who meets the standards in Section (2) of this rule except as described in sections (4) and (5) of this rule.

(4) A person may meet the eyesight standards with the use of a corrective lens or lenses. When a person must use a corrective lens or corrective lenses to meet the eyesight standards, DMV will restrict the person to driving only when wearing corrective lenses.

(5) DMV may authorize a person to use a bioptic telescopic lens on a corrective lens, as defined in OAR 735-062-0310(1), if when looking through the carrier lens and not the telescopic device, the person meets the eyesight standards set forth in section (2) of this rule.

(6) A person who has a limited vision condition as described in Section 3, Chapter 277, Oregon Laws 2003, may be eligible for restricted driving privileges as set forth in OAR 735-062-0300 through 735-062-0390.

Stat. Auth.: ORS 184.616, 184.619, 802.020 & 807.070
Stats. Implemented: ORS 807.070
Hist.: MV 15-1987, f. 9-21-87, ef. 9-27-87; MV 38-1987(Temp), f. & ef. 12-7-87; MV 5-1988, f. 2-16-88, cert. ef. 2-17-88; Administrative Renumbering 3-1988, Renumbered from 735-031-0031; MV 11-1989, f. & cert. ef. 3-6-89; MV 1-1993, f. & cert. ef. 2-16-93; DMV 7-1996, f. & cert.e f. 8-15-96; DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04; DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 20-2008, f. & cert. ef. 8-26-08

735-062-0060

Periodic Check of Driver's Eyesight

(1) All licensed drivers 50 years of age and older must have their eyesight tested by DMV each time a driver applies for renewal of his or her driver license.

(2) For purposes of this rule, a driver's age is the age the person will be on the date of the expiration of the license to be renewed or the person’s age at the time of application for renewal, whichever is older. For example, a driver is required to have a vision screening at 48 or 49 years of age if the driver's license will expire on his or her 50th birthday.

(3) The eyesight test must include those items listed in OAR 735-062-0050.

(4) If a person's eyesight meets the eyesight test standard indicated in OAR 735-062-0050, and if the driver complies with all other driver license renewal requirements, DMV will renew the person's license. If the visual acuity of the person's best eye is worse than 20/40 and no worse than 20/70, DMV will restrict the person to daylight driving only, unless, in the written opinion of a licensed vision specialist (ophthalmologist or optometrist), the person's driving should not be restricted to daylight driving only. To obtain unrestricted driving privileges, the person must submit a completed Certificate of Vision form (DMV Form 735-24), that indicates it is the opinion of the vision specialist that the person's driving should not be restricted to daylight driving only.

(5) To allow a person to obtain the written opinion of a licensed vision specialist as provided in section (4) of this rule, DMV will issue upon request, a Temporary Driver Permit, which is valid for 30 days, when DMV's vision screening tests show a person's visual acuity level in the best eye is worse than 20/40 and no worse than 20/70 as follows:

(a) If the person's current driver license is due to expire within 30 days, DMV will issue a Temporary Driver Permit that is valid beginning on the date of expiration of the person's driver license;

(b) If the person's driver license is already expired and has been expired for less than one year, DMV will issue a Temporary Driver Permit that is valid beginning on the date it is issued; and

(c) The Temporary Driver Permit restricts the person's driving privileges to driving during daylight hours only.

(6) Drivers who are temporarily out-of-state and unable to go to a DMV office to have their eyesight tested when required to do so may get their eyesight checked in the state where they are located. Upon request, a vision examination form, Certificate of Vision, DMV Form 735-24, will be provided to the person by DMV. The form must be completed by a licensed ophthalmologist or optometrist and be submitted to DMV along with the driver license renewal application.

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

Stat. Auth.: ORS 184.616, 184.619, 807.070, 807.120 & 807.150
Stats. Implemented: ORS 807.120, 807.150 & 807.310
Hist.: MV 13-1985, f. 10-8-85, ef. 1-1-86; MV 15-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0047; DMV 12-2000, f. & cert. ef. 9-21-00; DMV 2-2003(Temp), f. & cert. ef. 3-20-03 thru 9-15-03; DMV 6-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 7-2010, f. & cert. ef. 3-17-10

735-062-0070

Drive Test

(1) A DMV drive test examiner or a third party drive test examiner certified by DMV will conduct the actual demonstration of an applicant’s ability to drive a motor vehicle (the drive test) required under ORS 807.070(3). The test(s) must be conducted in a vehicle or combination of vehicles that can be driven only with the license class for which the application is made. For example, the drive test examiner will test a person applying for a Class C driver license in a vehicle that can be driven only by a person with a Class C driver license; the drive test examiner will test a person applying for a Class A commercial driver license in a vehicle that can be driven only by a person with a Class A commercial driver license. All persons must qualify for a Class C driver license before applying for a Class A, B or C commercial driver license.

(2) Prior to conducting a drive test, DMV will ask the person for proof of compliance with financial responsibility requirements as described in OAR 735-050-0120 or proof of a uniform financial responsibility certificate as described in OAR 735-050-0050.

(3) Prior to conducting a drive test, the drive test examiner will determine if the vehicle being used for the drive test has required equipment (e.g. lights, horn, rearview mirrors, seat belts) that is in working order and may be operated in a safe condition. The examiner may refuse to conduct a drive test in a vehicle that is determined to present health or safety risks for the examiner.

(4) The drive test examiner will conduct the drive test on public streets and highways.

(5) The drive test may include checks of the applicant’s ability to safely and skillfully do the following:

(a) Operate vehicle equipment and controls;

(b) Start the vehicle;

(c) Stop the vehicle;

(d) Turn and steer the vehicle;

(e) Change lanes;

(f) Merge with other traffic;

(g) Signal;

(h) Use lanes properly and maintain lane position;

(i) Control speed and obey speed limits;

(j) Back the vehicle;

(k) Observe signs, signals, other traffic and pedestrians;

(l) Use courtesy on the road and defensive driving techniques; and

(m) Demonstrate general driving ability and vehicle control.

(6) In addition to the on-road driving test, applicants for a Class A or B commercial driver license must pass a pre-trip vehicle inspection test. Applicants for a Class C commercial driver license with a passenger endorsement also must pass a pre-trip vehicle inspection test. During this test, the examiner will evaluate the applicant’s ability to properly inspect vehicle components as described in the Oregon Commercial Driver Manual.

(7) In addition, prior to the completion of the on-road driving test, applicants for a Class A, B or C commercial driver license must pass a basic controls skills test. During this test, the examiner will evaluate the applicant’s ability to control the vehicle and judge the position of the vehicle in relation to other objects through basic starting, stopping, backing or parking maneuvers.

(8) The first drive test or CDL skills test may be conducted the day an applicant, who is otherwise eligible, satisfactorily completes the knowledge test and vision screening, or presents a valid instruction permit, except as indicated in section (8) of this rule. If the applicant fails the first drive test or CDL skills test, a drive test examiner will conduct additional tests as needed, with the following frequency:

(a) A second test may be conducted no sooner than seven days after the first test;

(b) A third test may be conducted no sooner than 14 days after the second test;

(c) A fourth test may be conducted no sooner than 28 days after the third test; and

(d) A fifth test may be conducted no sooner than 28 days after the fourth test.

(9) The first drive test for a provisional license applicant under 18 years of age may be conducted the day the applicant becomes eligible for the test. To be eligible for a drive test, the applicant must present a valid instruction permit. A drive test examiner will conduct additional drive tests with the following frequency:

(a) A second drive test may be conducted no sooner than 28 days after the first drive test;

(b) A third drive test may be conducted no sooner than 28 days after the second drive test;

(c) A fourth drive test may be conducted no sooner than 28 days after the third drive test; and

(d) A fifth drive test may be conducted no sooner than 28 days after the fourth drive test.

(10) No more than five drive tests may be conducted within any 12-month period. Following a fifth drive test failure within a 12 month period, no further drive tests will be conducted for one year from the date of the fifth drive test failure.

Stat. Auth.: ORS 184.614, 184.619, 802.010, 802.200, 802.540, 807.070 & 807.080
Stats. Implemented: ORS 807.070
Hist.: MV 15-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0027; MV 25-1989, f. & cert. ef. 10-3-89; MV 53-1989, f. & cert. ef. 12-1-89; MV 6-1990, f. & cert. ef. 4-2-90; MV 7-1991, f. & cert. ef. 7-16-91; DMV 3-2002, f. & cert. ef. 3-14-02; DMV 2-2010, f. & cert. ef. 1-28-10; DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11

735-062-0073

Denial of Further Testing

DMV may refuse to continue a test or conduct further testing if the department determines that the person does not meet the qualifications for the class of license or endorsement for which the person is being tested. To show qualification for a license or endorsement, a person must demonstrate knowledge and understanding of the traffic laws of this state and must demonstrate the person's ability to operate a motor vehicle without endangering the safety of persons or property:

(1) A DMV employee may refuse to conduct or to continue a behind the wheel drive test if the employee reasonably believes that the person is likely to endanger persons or property while being tested.

(2) DMV may deny a drive test, and deny further testing, prior to the start of the test if there are observable reasons to believe the person may endanger the safety of persons or property during a drive test. Observable reasons to deny a drive test before starting the test may include but are not limited to the following:

(a) The person is visibly confused;

(b) The person is unable to follow simple directions needed to prepare for the drive test; or

(c) The person is unable to perform the safety check on the person's vehicle before beginning the drive test.

(3) DMV may immediately stop a drive test if the drive test examiner reasonably believes the person is likely to endanger persons or property. Reasons to immediately stop a drive test include, but are not limited to:

(a) An accident during the drive test which could have been avoided by the driver being tested;

(b) Dangerous driving behaviors including but not limited to the following:

(A) Failure to obey traffic control devices;

(B) Is prevented from causing an accident by the actions of other drivers or the examiner;

(C) Turns from the wrong lane or into the wrong lane in a way that it impedes the right of way of others;

(D) Fails to stop for a school bus that has its red lights flashing;

(E) Fails to yield to a pedestrian or fails to stop when another vehicle is stopped at a crosswalk because a person is occupying the crosswalk;

(F) Drives over a curb, sidewalk or median;

(G) Depends on the action of other drivers for his or her own safety; or

(H) Changes lanes or merges into traffic without checking for other vehicles.

(c) Is an experienced driver who is unable to perform basic driving tasks;

(d) Is unable to follow instructions to the point the drive examiner is not certain he or she can verbally guide the driver back to the DMV field office; or

(e) Seems unaware of driving mistakes made, takes no responsibility as mistakes are pointed out and shows a pattern of denial of any error.

(4) A DMV employee may use the guidelines in sections (2) and (3) of this rule, or other actions that occurred during a drive test, to refuse to conduct or continue testing and to recommend denial of further testing.

(5) Upon review of the DMV employee's recommendation and if DMV determines the person is likely to endanger persons or property during subsequent testing, DMV will deny further testing and will:

(a) Send to a person who has not been issued Oregon driving privileges a notice denying further testing. The person is not entitled to a contested case hearing; or

(b) Cancel driving privileges pursuant to ORS 807.350 and OAR 735-070-0010 and 735-070-0020 if the person has been issued Oregon driving privileges.

(6) Someone who has been denied further testing under this rule must provide adequate proof to DMV that the person has taken steps to improve driving skills and as such can take a drive test without endangering the safety of persons or property. A person may provide proof, which may alone or in conjunction with other information constitute adequate proof, such as the following:

(a) Successfully complete a driver training course conducted by an ODOT certified commercial driver training school and submits proof of completion to DMV.

(b) Successfully complete a driver rehabilitation program conducted by a rehabilitation specialist and submits proof of completion to DMV.

(c) Submit a medical report form showing that a licensed physician, physician's assistant or nurse practitioner has conducted a diagnostic examination, showing to the satisfaction of the Medical Determination Officer that the person's physical or mental disease or disability has improved or is controlled, so that it does not impair the person's ability to safely operate a motor vehicle.

(d) Show proof that an adaptive device, such as hand controls, has been added to the vehicle and show some documentation that the person knows how to use and has practiced with the adaptive device(s).

(7) To satisfy the requirements of subsections (6)(a) or (b) of this rule, the proof submitted to DMV must include the following:

(a) The applicant's name and either a date of birth or Oregon driver license number;

(b) A certificate or statement from the driver training instructor or school, or the rehabilitation specialist that the person successfully completed a driver training course or a driver rehabilitation program; and

(c) The ODOT certification number of the commercial driver training school, or the rehabilitation program name, address, phone number and the name of the specialist who worked with the person.

(8) To obtain a driver license or endorsement, an applicant who has been denied further testing, or a person whose driving privileges have been cancelled under subsection (5)(b) of this rule, must meet the requirements of section (6) of this rule and must submit an application, pay all required fees, and establish all qualifications for the class of license or endorsement sought.

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

Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 807.070, 807.340 & 807.350
Hist.: DMV 3-2002, f. & cert. ef. 3-14-02; DMV 14-2005, f. & cert. ef. 5-19-05; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08

735-062-0075

Driver Tests, Additional Provisions

(1) In addition to the requirements of any other law or rule, the following apply to driver license, permit or endorsement tests provided by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV):

(a) Any required fee for a test must be paid prior to taking the test. DMV will not refund a test fee if the applicant fails the test.

(b) Test scores are valid for two years from the date the test is passed. After two years the applicant must retake and pass the applicable tests to be issued the license, permit or endorsement.

(2) The following apply to commercial driver licenses (CDL) only:

(a) Applicants for a Class A commercial driver license must pass a "combination vehicle" knowledge test for combination vehicles.

(b) A restriction prohibiting the operation of vehicles with air brakes will be included on any CDL unless the applicant:

(A) Passes the air-brake knowledge test; and

(B) Passes the skills test in a vehicle equipped with air brakes, when a skills test is required.

(c) For purposes of application for and issuance of a commercial driver license (CDL), DMV may accept CDL knowledge and skills test results from another state if the state sends the test scores directly to DMV.

(d) All knowledge and skills tests administered to meet the requirements for issuance of a commercial driver license or endorsements to a commercial driver license will be offered or conducted in English. All examiner questions and responses to an applicant's questions during the testing process, both verbal and written, must be communicated in the English language and may not be interpreted into the applicant's native language by the examiner or an interpreter.

(e) An applicant must respond in English to any test question during a knowledge or skills test or to an examiner's request for information that is part of the normal testing process. An applicant may not use a language interpreter during the testing process.

(3) If a CDL skills test is not provided due to vehicle equipment failure (the vehicle does not have the necessary safety equipment or is not in proper working order), the required test fee will remain on the DMV customer record for when the test is provided. If there are three postponements due to equipment failure it will be considered a test failure and the test fee will be forfeited. An additional test fee will be required for subsequent tests.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.045, 807.050, 807.070, 807.120 & 807.170
Stats. Implemented: ORS 807.031, 807.045, 807.070 & 807.120
Hist.: MV 58-1989, f. 12-29-89, cert. ef. 1-1-90; MV 6-1990, f. & cert. ef. 4-2-90; MV 16-1991, f. 9-18-91, cert. ef. 9-29-91; MV 4-1992, f. & cert. ef. 4-16-92; DMV 23-2003, f. 12-15-03 cert. ef. 1-1-04; DMV 3-2006, f. 3-17-06, cert. ef. 4-15-06

735-062-0078

Waiving Knowledge Test for Motorcycle Endorsement

Pursuant to ORS 807.072, DMV will waive the knowledge test for a motorcycle endorsement required by ORS 807.070(2) and OAR 735-062-0040 if the applicant presents a course completion card from a motorcycle rider education course established under ORS 802.320 if DMV has determined that the knowledge test given as part of the course is, at least, equivalent to the test given by DMV.

Stat. Auth.: ORS 184.616, 184.619, 802.010 and 807.072
Stats. Implemented: ORS 807.072
Hist.: DMV 3-2009, f. & cert. ef. 2-20-09

735-062-0080

Waiving Drive Test Portion of Driver License Examination

(1) DMV will waive the actual demonstration of an applicant’s ability to drive a Class C vehicle required by ORS 807.070(3) if all of the following apply:

(a) The applicant surrenders to DMV a driver license issued to the applicant by another state, the District of Columbia, a United States Territory, a Canadian Province or a jurisdiction with whom DMV has a reciprocity agreement and the driver license has not been expired for more than one year, or if the person’s driver license issued by a jurisdiction listed above, has been lost or stolen, the applicant submits a letter of clearance, as required in OAR 735-062-0007;

(b) The surrendered, lost or stolen license authorizes the driving of a vehicle other than a moped or motorcycle;

(c) The surrendered, lost or stolen license includes no restrictions other than a single restriction or a combination of restrictions comparable to restrictions imposed on an Oregon driver license;

(d) The applicant has no physical disabilities or impairments which may necessitate any restrictions other than:

(A) “With corrective lenses”;

(B) “Outside or side-view mirror(s)”; or

(C) The restriction(s) imposed on the applicant’s surrendered, lost or stolen driver license issued by another jurisdiction.

(e) The applicant has no physical or mental condition that provides DMV with reason to question the applicant’s ability to drive a motor vehicle without endangering the safety of persons or property.

(2) In addition to section (1) of this rule, DMV will waive the actual demonstration of an applicant’s ability to drive a Class C vehicle required by ORS 807.070(3) if:

(a) The applicant passes a traffic safety education course approved by the Transportation Safety Division under ORS 802.345;

(b) The drive test administered during the traffic safety education course meets or exceeds the requirements of a Class C drive test conducted by DMV; and

(c) The applicant provides a Driver Education Certificate of Completion card, as described in OAR 735-062-0140, that was issued within two years prior to the submission of an application for a Class C driver license.

(3) DMV may waive the actual demonstration of an applicant’s ability to drive a Class A, B, or C commercial motor vehicle or any endorsement related to a commercial driver license if the applicant meets the qualifications set forth in subsections (1)(a) through (e) of this rule and surrenders a commercial driver license issued by another state or the District of Columbia that authorizes the driving of a commercial motor vehicle included in the Oregon classification for which the application is made.

(4) DMV may waive the actual demonstration of an applicant’s ability to drive a Class A or B commercial motor vehicle if the applicant has military experience driving a Class A or Class B commercial motor vehicle and meets the following requirements:

(a) The applicant holds or is eligible for an Oregon non-commercial driver license;

(b) The applicant submits a completed Application for Military Skills Waiver, including the Commanding Officer’s certification of commercial driving experience, showing the applicant meets the conditions for a waiver of drive skills testing set forth in 49 CFR, Section 383.77, Substitute for driving skills test for drivers with military CMV Experience; and

(c) DMV determines, based on documentary evidence submitted by the applicant or any military department or agency of the United States Department of Defense that:

(A) The class of commercial vehicle operated by the applicant in the military is equivalent to the class of commercial driver license for which the applicant is applying; and

(B) The applicant’s primary duty while serving in the military was operation of a commercial motor vehicle and included operation of a commercial motor vehicle on public roadways.

(5) DMV will waive the actual demonstration of an applicant’s ability to drive a motorcycle if:

(a) The applicant surrenders to DMV a motorcycle-endorsed driver license issued to the applicant by another state, the District of Columbia, a United States Territory or a Canadian Province, or submits a clearance letter as provided for in subsection (1)(a) of this rule; and

(b) The applicant meets the qualifications in subsections (1)(c), (d) and (e) of this rule.

(6) In addition to section (5) of this rule, DMV will waive the actual demonstration of an applicant’s ability to drive a motorcycle if:

(a) The applicant passes a motorcycle skills test given during a motorcycle rider education course established by the Transportation Safety Division under ORS 802.320; and

(b) The motorcycle skills test administered during the motorcycle education course meets or exceeds the motorcycle skills test administered by DMV.

(7) Evidence of passing the motorcycle skills test identified in section (6) of this rule is a motorcycle education course completion card as provided for in OAR 735-062-0140. The completion card must have been issued within two years of application to be considered valid for waiver of the skills test.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.070, 807.072, 807.080 & 807.170
Stats. Implemented: ORS 807.070, 807.072, 807.080 & 807.170
Hist.: MV 61, f. 10-14-75, ef. 11-11-75; MV 15-1986, f. 9-16-86, ef. 10-1-86; MV 15-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0045; MV 26-1988, f. & cert. ef. 11-1-88; MV 6-1990, f. & cert. ef. 4-2-90; MV 14-1990, f. & cert. ef. 8-16-90; MV 1-1991, f. & cert. ef. 3-18-91; MV 16-1991, f. 9-18-91, cert. ef. 9-29-91; MV 6-1992(Temp), f. 5-29-92, cert. ef. 6-1-92; MV 10-1992, f. 8-21-92, cert. ef. 9-1-92; MV 12-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 4-1995, f. & cert. ef. 3-9-95; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 11-2006(Temp), f. & cert. ef. 8-25-06 thru 2-20-07; DMV 18-2006, f. & cert. ef. 12-13-06; DMV 3-2009, f. & cert. ef. 2-20-09; DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 1-2013, f. 1-17-13, cert. ef. 2-1-13; DMV 14-2013, f. & cert. ef. 9-24-13

735-062-0085

Waiving Examination Requirements for Farm Endorsement

DMV may waive the examination requirements of an applicant for a farm endorsement if the applicant meets the qualifications specified in ORS 807.072(4) or (5) and is not disqualified from holding a farm endorsement under ORS 809.406. If the applicant has an accident(s) appearing on his or her driving record in the two years prior to the date of application, DMV may still waive the examination requirements if the applicant was not convicted of any offense relating to the accident(s).

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.200, 807.072(6)
Stats. Implemented: ORS 807.072 & 807.170
Hist.: MV 6-1990, f. & cert. ef. 4-2-90; MV 16-1991, f. 9-18-91, cert. ef. 9-29-91; MV 10-1992, f. 8-21-92, cert. ef. 9-1-92; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12

735-062-0090

Renewal Driver Licenses and Identification Cards

(1) DMV will renew the driver license of a person satisfying the requirements set forth in ORS 807.150.

(2) An applicant for the renewal of a driver license or identification card must:

(a) Provide a verifiable SSN or proof that the person is not eligible for a SSN as provided in OAR 735-062-0005(2);

(b) Provide proof of legal presence as provided in OAR 735-062-0015;

(c) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and 735-062-0016; and

(d) Provide proof of identity and date of birth as provided in OAR 735-062-0020.

(3) An applicant for the renewal of a driver license or identification card that includes a change of residence address must present to DMV one of the proofs of residence address listed in OAR 735-062-0030 that shows the person’s current residence address. (Current residence address is the residence address to be included on the license or identification card to be issued.)

(4) DMV may renew an unexpired driver license or identification card up to 14 months prior to the expiration date.

(5) If a driver license has been expired more than one year, the applicant must re-apply for an original driver license and meet the requirements set forth in OAR 735-062-0007.

(6) An applicant for a renewal of a commercial driver license with a hazardous materials endorsement must retake and pass the hazardous materials knowledge test and meet the requirements set forth in OAR 735-062-0190 to retain the hazardous materials endorsement on the commercial driver license.

(7) An applicant for a renewal of a commercial driver license or commercial instruction permit must:

(a) Meet the medical qualification requirements set forth in OAR 735-063-0050; and

(b) Certify driving type.

(8) Before processing a driver license renewal, DMV will make an inquiry to the National Driver Register/Problem Driver Pointer System (NDR/PDPS) or the Commercial Driver License Information System (CDLIS), or both, to determine if the applicant’s driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction. Before processing a commercial driver license (CDL) renewal, DMV will make an inquiry to CDLIS to determine if the applicant has been issued a CDL in any other jurisdiction.

(9) If the applicant’s driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction, the applicant may not renew an Oregon driver license until the applicant submits a clearance letter that complies with OAR 735-062-0160 and shows the applicant’s driving privileges are reinstated or otherwise valid in the other jurisdiction.

(10) Notwithstanding section (9) of this rule, DMV will renew the driving privileges of an applicant whose driving privileges are suspended, revoked, canceled or otherwise not valid in another jurisdiction if the only remaining reinstatement requirement in the other jurisdiction is proof of future financial responsibility.

(11) DMV will not renew an Oregon driver license or permit if the applicant has a current, valid Oregon identification card. To become eligible, the person must surrender the Oregon identification card before DMV will renew the Oregon driver license or permit. If the person’s identification card is lost or the person no longer has the identification card in his or her possession, the person must provide a statement attesting to this fact.

(12) Notwithstanding subsection (2)(b) of this rule, DMV will renew a limited term driver license, limited term driver permit or limited term identification card to an applicant who otherwise qualifies for renewal under this rule and has provided proof of temporary legal presence in the United States as described in OAR 735-062-0015(4) that has been extended or is still in effect.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.012, 807.021, 807.022, & 807.040
Stats. Implemented: ORS 802.012, 802.540, 807.021, 807.022, 807.040 - 807.060, 807.100, 807.15 & 807.400
Hist.: MV 14-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0009; MV 14-1992, f. & cert. ef. 10-16-92; MV 16-1992, f. & cert. ef. 12-16-92; DMV 11-1998, f. & cert. ef. 9-14-98; DMV 21-2004(Temp), f. & cert. ef. 10-1-04 thru 3-29-05; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 4-2007, f. 5-24-07, cert. ef. 6-5-07; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08; DMV 7-2008(Temp), f. & cert. ef. 2-22-08 thru 8-19-08; DMV 10-2008, f. & cert. ef. 4-24-08; 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 1-2012, f. 1-27-12, cert. ef. 1-30-12

735-062-0092

Mailing Driver Licenses, Driver Permits and Identification Cards

(1) DMV will mail a driver license, driver permit or identification card to the address provided by the applicant at the time of application.

(2) The delivery of the driver license, driver permit or identification card may be expedited if:

(a) The person requests expedited service at time of application;

(b) DMV determines that there is an opportunity to pull the license out of the normal mailing process in order to expedite delivery and otherwise approves the request; and

(c) The person pays additional monies to cover the cost of special handling and shipping.

(3) If the applicant does not receive the driver license, driver permit or identification card in the mail, it may by reissued by DMV at no-fee under the following circumstances:

(a) If the driver license, driver permit or identification card was returned to DMV as undeliverable and:

(A) It has been no more than 70 calendar days from the date the applicant was issued an interim card; and

(B) The applicant’s current residence and/or mailing address has not changed from the address on the application; or

(b) If the driver license, driver permit or identification card has not been returned to DMV and:

(A) It has been at least 20 calendar days and less than 70 calendar days from the date the applicant was issued an interim card; and

(B) The applicant’s current residence and/or mailing address has not changed from the address on the application; and

(C) DMV has not previously reissued the driver license, drive permit or identification card.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.024
Stats. Implemented: ORS 807.310 & 807.024
Hist.: DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07; DMV 24-2008, f. 9-11-08, cert. ef. 10-1-08

735-062-0094

Interim Cards

(1) For purposes of this rule:

(a) "Interim identification card" means an applicant temporary identification card under 2005 Oregon Laws, Chapter 775, Section 10.

(b) "Interim driver card" means an applicant temporary driver permit under ORS 807.310 that grants the privilege of a commercial driver license, non-commercial driver license or driver permit with or without endorsement(s) depending on what the applicant has applied and qualified for.

(2) Once an applicant has met all requirements set forth in ORS 807.040 the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will issue an interim driver card for the applicant to use until the interim is invalid as described in section (5) of this rule.

(3) Once an applicant has met all requirements set forth in ORS 807.400 DMV will issue an interim identification card for the applicant to use until the interim is invalid as described in section (5) of this rule.

(4) DMV will issue an interim driver card or interim identification card for a period not to exceed 30 days.

(5) An interim driver card or interim identification card is invalid when:

(a) The driver license, driver permit or identification card is received in the mail;

(b) Driving privileges or rights to an identification card have been suspended, cancelled or revoked; or

(c) The interim driver card or interim identification card expires.

(6) A holder of an interim driver card must have the interim driver card on the holder's person while operating a motor vehicle. The interim driver card will indicate the class of license granted and any endorsements granted.

Stat. Auth.: ORS 184.616, 184.619, 802.010, Ch 775, OL 2005
Stats. Implemented: ORS 807.310, Ch 775, OL 2005
Hist.: DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07

735-062-0096

Surrendered Driver License, Driver Permit or Identification Card

(1) When DMV issues an interim driver card or an interim identification card to an applicant under OAR 735-062-0094 or an applicant temporary permit under ORS 807.310, DMV will invalidate and return the driver license, driver permit or identification card the applicant surrendered. An invalidated driver license or driver permit may not be used as proof of driving privileges, but is not deemed cancelled under 801.175.

(2) DMV will invalidate a surrendered driver license, driver permit or identification card by hole-punching the card.

(3) The invalidated driver license, driver permit or identification card must be destroyed by the applicant when:

(a) A valid driver license, driver permit or identification card issued and mailed by DMV is received by the applicant; or

(b) Driving privileges or rights to an identification card have been suspended, cancelled or revoked.

Stat. Auth.: ORS 184.616, 184.619, 802.010
Stats. Implemented: ORS 807.024, 807.045, 807.060, 807.150, 807.160, 807.310, 807.540, 807.550, 807.580
Hist.: DMV 6-2009, f. & cert. ef. 3-20-09

735-062-0105

Waiver of Replacement License or Driver Permit Fee

For purposes of convenience, DMV will issue a replacement license or driver permit and waive the replacement fee if, after filing a change of address form, a customer does not receive the address change sticker and comes in person to a DMV field office.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.390
Stats. Implemented: ORS 807.160 & 807.390
Hist.: 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

735-062-0110

Replacement Driver Permits, Driver Licenses, and Identification Cards

(1) DMV will issue a replacement driver permit, driver license or identification card for one of the reasons listed in section (2) of this rule if the applicant meets the requirements set forth in ORS 807.160 and this rule and the person is eligible for the driver license, driver permit or identification card.

(2) DMV may issue a replacement driver license, driver permit or identification card when the applicant:

(a) Furnishes proof satisfactory to the department of the loss, destruction or mutilation of the person’s driver license, driver permit or identification card.

(b) Changes a residence address or mailing address from the address noted on the person’s driver license, driver permit or identification card or adds a mailing address.

(c) Is a corrections officer, eligible employee, or household member of a corrections officer or eligible employee killed in the line of duty who has requested, in accordance with ORS 802.250 or 802.253, that department records show the address of the corrections officer’s or eligible employee’s employer.

(d) Changes names from the name noted on the person’s driver license, driver permit or identification card.

(e) Is applying for or is required to add or remove a restriction on the person’s driver license or driver permit.

(f) Is applying for or is required to add or remove an endorsement other than a motorcycle or farm endorsement on the person’s driver license or driver permit.

(g) Requests that a veteran designation be added to or removed from his or her driver license, driver permit or identification card. To add a veteran designation, the applicant must provide proof the person is a veteran as set forth in OAR 735-062-0012(2).

(h) Furnishes proof satisfactory to the department or the department determines that the department made an error when issuing the person’s driver license, driver permit or identification card.

(i) Surrenders the person’s driver license that was issued without a photograph under OAR 735-062-0120 and requests a driver license with a photograph.

(j) Surrenders a driver license, driver permit or identification card to the department following a suspension and the person becomes eligible for driving privileges or an identification card.

(k) Has a driver license, driver permit or identification card that was confiscated by a police officer, a court or other agency and the person is eligible for a driver license, driver permit or an identification card.

(L) Requests to change any physical description, notation, photograph or signature on the driver license, driver permit, or identification card or to add or delete an anatomical donor designation.

(m) Has not received his or her driver license, driver permit or identification card in the mail and the applicant does not meet the requirements under OAR 735-062-0092(3) for a reissued driver license, driver permit or identification card.

(n) Has a reason satisfactory to DMV to be issued a driver license, driver permit or identification card with a different distinguishing number than the one being replaced.

(o) Requests a downgrade from one license class to another (e.g., a Commercial Driver License to a non-commercial Class C driver license).

(p) Requests restoration of a Commercial Driver License following a suspension of the Commercial Driver License or a downgrade to non-commercial driving privileges and the person is eligible for commercial driving privileges.

(q) Requests to correct information on the driver license, driver permit or identification card that was provided to DMV in error.

(3) An applicant for a replacement driver license, driver permit, or identification card must:

(a) Provide a verifiable SSN, or proof that the person is not eligible for a SSN, as provided in OAR 735-062-0005(2);

(b) Provide proof of legal presence as provided in OAR 735-062-0015;

(c) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016; and

(d) Provide proof of identity and date of birth as provided in OAR 735-062-0020.

(4) An applicant for a replacement commercial driver license or commercial instruction permit must:

(a) Certify driving type; and

(b) Provide proof of medical qualification as described in OAR 735-063-0060.

(5) An applicant for a replacement driver license, driver permit, or identification card that includes a change of residence address must also present to DMV one of the proofs of residence address listed in OAR 735-062-0030 that shows the person’s current residence address. Current residence address is the address where the person actually lives and DMV will include that address on the license, permit, or identification card issued.

(6) An applicant for a replacement driver license, driver permit, or identification card must surrender the license, driver permit or identification card replaced to DMV, if possible.

(7) Before issuing a replacement driver license or driver permit, DMV will make an inquiry to the National Driver Register/Problem Driver Pointer System (NDR/PDPS) or the Commercial Driver License Information System (CDLIS), or both, to determine if the applicant’s driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction. Before processing a replacement commercial driver license or commercial driver permit, DMV will make an inquiry to CDLIS to determine if the applicant has been issued a CDL in another jurisdiction.

(8) If the applicant’s driving privileges are suspended, revoked, canceled or otherwise invalid in any other jurisdiction, DMV will not issue a replacement driver license or driver permit until the applicant submits a clearance letter that complies with OAR 735-062-0160 or a DMV inquiry to the NDR/PDPS or CDLIS, or both, shows that the applicant’s driving privileges are reinstated or otherwise valid in the other jurisdiction.

(9) Notwithstanding section (8) of this rule, DMV will issue a replacement license or driver permit to an applicant whose driving privileges are suspended, revoked, canceled or otherwise invalid if the only remaining reinstatement requirement in the other jurisdiction is proof of future financial responsibility.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.021 & 807.160
Stats. Implemented: ORS 807.160, 807.021, 807.220, 807.230, 807.280 & 807.400
Hist.: MV 14-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0013; DMV 24-2003, f. 12-15-03 cert. ef. 1-1-04; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05; DMV 23-2005, f. & cert. ef. 11-18-05; 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 24-2008, f. 9-11-08, cert. ef. 10-1-08; DMV 19-2010, f. 10-25-10, cert. ef. 1-1-11; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12

735-062-0115

Non-Issue of a Driver License Following Confiscation

(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will not issue a driver license to a person whose driving record indicates a pending Implied Consent Law suspension under ORS 813.100.

(2) DMV will issue a temporary driving permit, Form 45, instead of a driver license if the person is eligible for driving privileges.

(3) The permit issued under section (2) of this rule is valid until the Implied Consent Law suspension takes effect or until the person's driver license expires.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 813.110
Stats. Implemented: ORS 807.160, 813.100 & 813.110
Hist.: MV 5-1990, f. & cert. ef. 3-5-90; DMV 16-2005(Temp), f. & cert. ef. 6-17-05 thru 12-13-05; DMV 23-2005, f. & cert. ef. 11-18-05

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

735-062-0130

Issuance of a Replacement Driver License, Driver Permit or Identification Card with a New Number

(1) For purposes of this rule:

(a) "Customer number" means the distinguishing number assigned to a driver license, driver permit or identification card;

(b) "Fraudulent use" means the use of another person's name and customer number for the purpose of misrepresenting a person's identity in order to commit the crime of identity theft, to receive financial gain, or to avoid legal responsibility after committing an offense. Examples include but are not limited to:

(A) Fraudulent use of a person's name and customer number to open a bank account, order checks or cash a forged check;

(B) Fraudulent use of a person's name and customer number to open a credit card account; or

(C) Giving another person's name and customer number to a police officer who is enforcing the motor vehicle laws in order to avoid legal responsibility for a traffic offense, resulting in a conviction(s) being posted to the other person's driving record.

(2) Upon request, the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) will issue a person a replacement driver license, driver permit or identification card with a different customer number if the person provides evidence satisfactory to DMV to show:

(a) The fraudulent use of the person's name and customer number; or

(b) That the person is a victim of abuse, stalking, or physical violence and the person is taking steps to protect his or her identity including a legal name change.

(3) Evidence submitted to DMV of the fraudulent use of a name and customer number must show that both the name and the customer number have been used for a fraudulent purpose. The person must provide at least one of the following types of documents:

(a) A copy of a police report or letter from a police agency;

(b) A report or letter from a credit card company, credit reporting bureau or financial institution;

(c) A report or letter from the Oregon Department of Revenue or Internal Revenue Service;

(d) A document issued by a Court; or

(e) A letter from a District Attorney.

(4) A person who is the victim of abuse, stalking, or physical violence must provide a court judgment showing a legal name change and at least one of the following types of documents that show the person has been a victim of abuse, stalking, or physical violence:

(a) A copy of a police report or letter from a police agency;

(b) A document issued by a Court;

(c) A letter from a District Attorney;

(d) A letter or report from a state agency or a community crisis center for domestic violence or physical or sexual abuse; or

(e) A letter or report from a physician, physician assistant, nurse practitioner, psychologist, licensed clinical social worker or licensed professional counselor who provided treatment or counseling services to the person.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.160, 807.400
Stats. Implemented: ORS 807.160, 807.400
Hist.: MV 26-1989, f. & cert. ef. 10-3-89; DMV 30-2005(Temp), f. 12-14-05, cert. ef. 1-1-06 thur 6-29-06; DMV 1-2006, f. & cert. ef. 2-15-06

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 able to safely operate a motor vehicle, DMV will rescind any suspension imposed under OAR 735-074-0140 or 735-076-0020.

(5) A person may surrender only part of the driving privileges granted by DMV by canceling any endorsements or driver permits granted to the person. The person must specify those driving privileges the person seeks to surrender. A person who surrenders an endorsement must pay the renewal or replacement license fee for issuance of a license that reflects the driving privileges the person retains.

(6) Surrender of driving privileges means the driving privileges are canceled as defined in ORS 801.175(2). When a voluntary surrender of driving privileges is accepted, DMV will cancel driving privileges without providing further notice or an opportunity for hearing to the person. The person’s driving record will show that the driving privileges have been surrendered.

(7) A person who seeks to regain surrendered driving privileges must reapply for the privileges and establish eligibility and qualification as provided by law, including payment of all required fees.

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; DMV 12-2013, f. & cert. ef. 9-24-13

735-062-0140

Proof of Completion of a Traffic Safety Education or Motorcycle Education Course

(1) For purposes of waiving the Class C drive test DMV will only accept a Driver Education Certificate of Completion card issued by a traffic safety education course approved by the Transportation Safety Division. The Driver Education Certificate of Completion card must be in the format designed and approved by the Transportation Safety Division.

(2) For purposes of issuing a motorcycle endorsement DMV will only accept a course completion card from a motorcycle rider education course established under ORS 802.320. The course completion card must be issued within two years of application.

(3) As proof of completion of a motorcycle education course, DMV will accept a course completion card, which minimally includes:

(a) The applicant’s name;

(b) The name of the course completed;

(c) The date of the course;

(d) Where the course was taken;

(e) The signature of the instructor; and

(f) The instructor’s certification number.

Stat. Auth.: ORS 184.616, 184.619 & 807.175
Stats. Implemented: ORS 807.170 & 807.175
Hist.: MV 27-1989, f. & cert. ef. 10-3-89; MV 12-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 7-1998, f. & cert. ef. 6-19-98; DMV 11-2006(Temp), f. & cert. ef. 8-25-06 thru 2-20-07; DMV 18-2006, f. & cert. ef. 12-13-06; DMV 3-2009, f. & cert. ef. 2-20-09; DMV 14-2013, f. & cert. ef. 9-24-13

735-062-0150

Commercial Driver License with Passenger Endorsement

(1) DMV will place an M restriction on the commercial driving privileges and commercial driver license (CDL) of an applicant who passes the passenger skills test in a Class B passenger vehicle. The M restriction allows the person to operate only a Class B or C passenger vehicle.

(2) DMV will place an N restriction on the commercial driving privileges and CDL of an applicant who passes the passenger skills test in a Class C passenger vehicle. The N restriction allows the person to operate only a Class C passenger vehicle.

(3) The commercial driving privileges of the holder of a CDL with a passenger endorsement are restricted as follows:

(a) Unless the person passes a passenger skills test in a Class A passenger vehicle, the holder of a Class A CDL will have an M restriction;

(b) The holder of a Class B CDL will have an M restriction; and

(c) The holder of a Class C CDL will have an N restriction.

(4) DMV will not place a restriction on the commercial driving privileges of a person who passes a passenger skills test in a Class A passenger vehicle.

(5) Whenever the holder of a CDL with a passenger endorsement is required to appear or voluntarily appears in person at a DMV office to renew or replace the license, DMV will update the CDL by placing an M or N passenger restriction on the holder's CDL as set forth in section (3) of this rule.

Stat. Auth.: ORS 184.616, 184.619, 802.010
Other Auth.: 49 CFR ¦ 383.117
Stats. Implemented: ORS 807.070, 807.080, 807.170, 807.175
Hist.: MV 6-1990, f. & cert. ef. 4-2-90; DMV 9-1997, f. & cert. ef. 10-16-97; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 3-2007, f. & cert. ef. 2-26-07

735-062-0160

Clearance Letter

(1) A clearance letter referred to in OAR 735-062-0007, 735-062-0080(1)(c) or (3)(c) and 735-062-0090 is a letter or Request for Verification of Driver License Status (DMV Form 6600) completed by another jurisdiction indicating the status of the person's driving privileges in that jurisdiction.

(2) A clearance letter, as provided in section (1) of this rule, must include the:

(a) Applicant's name;

(b) Applicant's date of birth;

(c) Out-of-jurisdiction license number;

(d) Expiration date of the out-of-jurisdiction license;

(e) Status of person's driving privilege including any endorsements, i.e., valid, expired, suspended, revoked, canceled or otherwise not valid. The letter must include the reason for the suspension, cancellation or revocation, the beginning date of suspension, revocation or cancellation, requirement(s) for reinstatement and the date the person's license will be eligible for reinstatement;

(f) A means of identifying the jurisdiction providing the clearance letter such as letterhead stationery; and

(g) The date the clearance letter was completed.

(3) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will allow a person whose driving privilege is suspended, revoked, canceled or otherwise not valid to complete certain requirements in this state if the other jurisdiction will accept the Oregon results and issue a clearance letter stating the person's driving privilege is valid in that jurisdiction. The person may complete:

(a) Vision, knowledge or behind-the-wheel tests;

(b) Remedial training or schools;

(c) Medical, alcohol or other evaluation.

(4) It is the applicant's responsibility to provide a clearance letter as required by this rule. A facsimile of a clearance letter is acceptable only if the clearance letter is received by DMV directly from the driver licensing agency in the other jurisdiction. Telephone clearances and Law Enforcement Data System (LEDS) teletype clearances are not acceptable.

(5) A clearance letter submitted to DMV will only be valid for issuance of a driver license for 60 days following the date it was completed by the other jurisdiction.

Stat. Auth.: ORS 802.010, 802.200, 802.540, 807.040, 807.045, 807.050, 807.060, 807.070, 807.150, 807.170 & 809.310
Stats. Implemented: ORS 807.050
Hist.: MV 14-1992, f. & cert. ef. 10-16-92; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05

735-062-0190

Requirements for Issuance and Retention of a Hazardous Materials Endorsement

(1) To obtain, retain or renew commercial driver license (CDL) with a hazardous materials endorsement, a person must be qualified. To qualify for a hazardous materials endorsement a person must:

(a) Qualify for commercial driving privileges or have a valid Oregon CDL;

(b) Pass a hazardous materials endorsement knowledge test for an original endorsement or a renewal;

(c) Pass a security threat assessment (security check) from the Transportation Security Administration (TSA) in accordance with 49 CFR Part 1572, including receipt by DMV of a notice from TSA which shows the person does not pose a security threat. A person must pass a TSA security check at the following times:

(A) Within four years and nine months prior to the date DMV issues an original hazardous materials endorsement;

(B) At intervals of not more than five years from the date of the person’s most recent TSA security check; and

(C) Any other time required by DMV.

(d) Pay all required fees, which include, but may not be limited to, any applicable issuance fee and a hazardous materials knowledge test fee.

(2) To obtain, replace or renew a CDL with a hazardous materials endorsement a person must provide proof of U.S. citizenship, as described in OAR 735-062-0015(2), or permanent legal residence, as described in 735-062-0015(3). A person unable to provide one of the documents listed in 735-062-0015(2) or (3) is not qualified for a hazardous materials endorsement.

(3) A person is no longer qualified for a hazardous materials endorsement if:

(a) DMV receives a notice of threat assessment from TSA requiring immediate cancellation of the hazardous materials endorsement;

(b) DMV receives notice from TSA indicating the person did not pass the security threat assessment; or

(c) The person fails to complete and pass a TSA security check as described in section (1) of this rule.

(4) If DMV determines a person is no longer qualified for a hazardous materials endorsement, DMV will cancel the person's CDL as set forth in OAR 735-070-0000. Upon cancellation of the CDL, the person must immediately surrender to DMV the CDL showing the hazardous materials endorsement. If the person otherwise qualifies and pays a replacement fee, DMV will issue a driver license or a CDL without a hazardous materials endorsement.

(5) The person may request an administrative review on the cancellation of his or her CDL. The issues for the administrative review are limited to whether:

(a) When required, the person completed and passed a TSA security check as described in section (1) of this rule; or

(b) DMV received a notice from TSA showing the person does not qualify for a hazardous materials endorsement; and

(c) Whether the person is the same person named on the notice.

(6) An applicant for an Oregon CDL with a hazardous materials endorsement who presents a valid CDL with a hazardous materials endorsement issued by another state must still qualify for an original hazardous materials endorsement as set forth in section (1) of this rule.

(7) If the person passes a TSA security check within one year from the date the person’s CDL with a hazardous materials endorsement was canceled under section (3) of this rule and otherwise qualifies for the CDL and endorsement, DMV will reissue the CDL with a hazardous materials endorsement after payment of a replacement fee. If the cancellation has been in effect for more than one year, the person must reapply for the hazardous materials endorsement as an original endorsement and must take all required tests, pay all required fees and pass the required TSA security check.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.173
Stats. Implemented: ORS 807.170, 807.173, 807.350, 809.310, 49 USC sec. 5103a
Hist.: DMV 3-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 13-2005, f. 5-19-05, cert. ef. 5-31-05; DMV 18-2005(Temp), f. & cert. ef. 8-18-05 thru 2-13-06; DMV 26-2005, f. & cert. ef. 12-14-05; DMV 7-2006(Temp), f. 7-31-06, cert. ef. 8-1-06 thru 1-27-07; DMV 8-2006, f. & cert. ef. 8-25-06; DMV 24-2009, f. 12-22-09, cert. ef. 1-1-10

735-062-0200

Conversion From Another Jurisdiction's Commercial Driver License

(1) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) will require an applicant for a commercial driver license in this state who currently holds a CDL issued by another state, the District of Columbia, a US Territory, a Canadian Province or the United Mexican States to:

(a) Take and pass the Class C knowledge test and a vision screening; and

(b) Take and pass the CDL skills tests and knowledge test required, if the person applies for a higher class license.

(2) DMV may waive all tests, except the Class C knowledge test and the hazardous materials endorsement knowledge test, if the applicant applies for a license equal to the CDL the applicant has been issued by another state, the District of Columbia, a US Territory, a Canadian Province or the United Mexican States and the CDL has not been expired for more than one year.

(3) DMV may require an applicant to take any or all CDL tests prior to issuing a CDL.

(4) DMV will submit an inquiry through the Commercial Driver License Information System (CDLIS) and the National Driver Register (NDR)/Problem Driver Pointer System (PDPS) before issuing an Oregon CDL. DMV will not issue an Oregon CDL if the inquiry shows:

(a) The applicant has a current and valid CDL, issued by another jurisdiction unless the CDL is surrendered to DMV or the applicant certifies it has been lost or destroyed;

(b) The applicant’s driving privileges are suspended, revoked or canceled in another jurisdiction; or

(c) The applicant is disqualified from operating a commercial motor vehicle in another jurisdiction.

(d) The applicant is not medically qualified for CDL issuance and the applicant does not provide other proof of medical qualification as described in OAR 735-063-0060.

(5) The driving record of the applicant from another jurisdiction will become a part of the Oregon driving record as provided in OAR 735-062-0210.

(6) A person whose driving privileges have been suspended, revoked, or canceled in another jurisdiction or who has been disqualified from operating a commercial motor vehicle in another jurisdiction, must be eligible for valid driving privileges in the other jurisdiction before an Oregon CDL may be issued. When the person is eligible for valid driving privileges in the other jurisdiction, he or she may ask that DMV check CDLIS and NDR/PDPS to verify the eligibility.

Stat. Auth.: ORS 184.616, 184.619, 807.045, 807.050 & 807.070
Stat. Implemented: ORS 807.045
Hist.: MV 6-1990, f. & cert. ef. 4-2-90; MV 14-1992, f. & cert. ef. 10-16-92; MV 12-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 16-2003, f. & cert. ef. 11-18-03, Remumbered from 735-060-0015; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 4-2007, f. 5-24-07, cert. ef. 6-5-07; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 24-2008, f. 9-11-08, cert. ef. 10-1-08; DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12

735-062-0210

Transfer of Driver Records from Other Jurisdictions

When the driving record from another jurisdiction becomes part of the person's Oregon driving record under ORS 802.200(9)(e) the following will apply:

(1) Any convictions from the other jurisdiction's driving record shall be transferred to the person's Oregon driving record using the AAMVAnet Code Dictionary (ACD).

(2) Each driving record entry transferred shall have the same force and effect as though entered originally on the driver's record by this state.

Stat. Auth.: ORS 184.616, 184.619, 802.200, 802.540, 807.040, 807.045, ORS 807.050, 807.060, 807.070, 807.150, 807.170 & 809.310
Stats. Implemented: ORS 802.200
Hist.: MV 6-1990, f. & cert. ef. 4-2-90; MV 14-1992, f. & cert. ef. 10-16-92; DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0017

735-062-0220

Additional Fee for Collection and Verification of Biometric Data

(1) As provided in ORS 807.375, a $3 fee will be added to the motorcycle and farm endorsement fee imposed under 807.370 if that endorsement is not added during the issuance or renewal of other privileges.

(2) The additional fee, along with fee increases in statute to begin July 1, 2008, covers the cost of purchasing equipment and establishing and maintaining a database used for collecting and verifying biometric data.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.375
Stats. Implemented: ORS 807.024, 807.370 and 807.410
Hist.: DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08

735-062-0290

Issuance, Replacement or Renewal of Undercover Driver Licenses or Identification Cards to Law Enforcement Officials

(1) For purposes of Oregon Laws 2009, Chapter 258, Section 4 and this rule:

(a) A “law enforcement agency” or “agency” is a county sheriff, city or municipal police department, Oregon State Police, a district attorney, the Criminal Justice Division of the Department of Justice, or an equivalent law enforcement agency of another state or the federal government;

(b) A “law enforcement official” or “official” is a certified peace officer who is performing undercover criminal investigative duties for a law enforcement agency.

(2) DMV will issue, replace or renew a fictitious driver license or fictitious identification card to a law enforcement official upon:

(a) Approval of an application submitted by the law enforcement agency for which an official is providing undercover criminal investigative duties; and

(b) Payment of the fees for a driver license or identification card as set forth in ORS 807.370, 807.375, and 807.410.

(3) For purposes of section (2) of this rule, an application for the issuance, replacement or renewal of a fictitious driver license or fictitious identification card must:

(a) Be submitted by the law enforcement agency that employs the official, or if the official is on a special assignment with another agency, such as an inter-agency task force, may be submitted by the agency for which the official is performing undercover criminal investigative duties;

(b) Be on official agency letterhead or on DMV Form 735-7343, Oregon DMV Undercover Driver License/Identification Card Request;

(c) Contain proof that the official is a certified peace officer. Such proof includes, the official’s badge number or Department of Public Safety Standards and Training (DPSST) number, an equivalent identifying number from another state or the federal government or other verifiable proof of certification;

(d) Provide the following information:

(A) The official’s true name, date of birth, driver license or identification card number and state of issuance;

(B) The information that will be used on the official’s fictitious driver license or identification card and fictitious DMV record, including name, address, date of birth, hair color, eye color, height and weight, and mother’s maiden name;

(C) The class of license and endorsement requested. The official must already have qualified for and been issued the license class or endorsement type requested; and

(D) The mailing address, telephone number and if applicable, the Originating Agency Identifier (ORI) of the law enforcement agency.

(e) Indicate whether the request is for issuance, replacement or renewal of a fictitious driver license or identification card; and

(f) Be signed by the Sheriff, Chief of Police, Superintendent or agency head, or his or her designee.

(4) The DMV Confidential Records Desk will review the application. When approved, an appointment with the official will be scheduled to issue the fictitious driver license or identification card. A fictitious driver license or identification card will only be issued from DMV Headquarters. For verification purposes, at the appointment the official must provide proof of his or her true identity and badge number, DPSST number or equivalent certification number as described in section (5)(c) of this rule.

(5) A fictitious driver license or fictitious identification card must be surrendered to the DMV Confidential Records Desk when the official is no longer performing undercover criminal investigative duties for the law enforcement agency requesting the fictitious license or identification card.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & Sec. 4, Ch. 258, OL 2009
Stats. Implemented: Sec. 4, Ch. 258, OL 2009
Hist.: DMV 3-2010, f. & cert. ef. 1-28-10

Driving Privileges for Persons with a Limited Vision Condition -- Use of Bioptic Telescopic Lens

735-062-0300

Purpose

Chapter 277, Oregon Laws 2003 allows persons with a limited vision condition to gain limited driving privileges if certain criteria are met. The purpose of OAR 735-062-0300 through 735-062-0380 is to establish a program for the licensing of persons with a limited vision condition, specify requirements and qualifications needed for a person to be certified by DMV as a rehabilitation training specialist for purposes of training a person with a limited vision condition to use bioptic telescopic devices while driving, and to establish requirements for a certified rehabilitation training specialist to certify the competency of a person with a limited vision condition to safely exercise driving privileges using a bioptic telescopic lens.

Stat. Auth.: ORS 184.616, 184.619, Sec. 5, Ch. 277. OL 2003
Stat. Implemented: Ch. 277, OL 2003
Hist.: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

735-062-0310

Definitions

The following definitions apply to OAR 735-062-0300 through 735-062-0380:

(1) “Bioptic telescopic lens” means an optical system used to magnify distant objects by including a small telescope that is mounted in or above a spectacle lens in a manner to allow an unobstructed view of the horizontal visual field through a person’s normal distance corrective lens;

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

(3) “Daylight hours” means the period of time from sunrise to sunset but does not include periods where adverse weather or other conditions significantly reduce visibility on the roadway;

(4) “Educational facility” includes any public school district, education service district, community college district, any facility for the deaf operated under ORS 346.010, the Hillcrest School of Oregon, MacLaren School for Boys, tribal schools, state and federal schools, public agencies, and any parochial, private-or home-school facility meeting the requirements of OAR 581-045-0535 and ORS 345.505.

(5) “Limited vision condition” means visual acuity in the better eye with best lens correction that is no better than 20/80 and no worse than 20/200.

(6) “Rehabilitation training program” means a program designed to train a person with a limited vision condition to use a bioptic telescopic lens while operating a motor vehicle.

(7) “Rehabilitation training specialist” or “specialist” means a person certified by the Department of Transportation to provide a rehabilitation training program;

(8) “Report of Limited Vision Examination” (DMV Form Number 735-24A) means a certification completed by a licensed vision specialist (ophthalmologist or optometrist) that a person with a limited vision condition meets the requirements under ORS 807.359.

(9) “Special limited vision condition learner’s permit” means a permit issued by the department to a person with a limited vision condition that allows the person to enroll in a rehabilitation training program; and

(10) “TSD” means the Oregon Department of Transportation, Transportation Safety Division.

Stat. Auth.: ORS 184.616, 184.619 & 807.368
Stats. Implemented: ORS 807.355, 807.359, 807.363, 807.368 & 2007 OL Ch. 588, Sec. 8
Hist.: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04; DMV 20-2009, f. & cert. ef. 10-27-09

735-062-0320

Special Limited Vision Condition Learner’s Permit

(1) DMV will issue a special limited vision condition learner's permit when:

(a) An applicant has submitted a report from a licensed vision specialist certifying that the person meets the visual standards set forth in ORS 807.359, has been fitted with a bioptic telescopic lens mounted on or above a carrier lens, and would be aided by using a bioptic telescopic lens when operating a motor vehicle;

(b) An applicant submits proof to DMV that the person has been accepted and has enrolled in a rehabilitation training program with a specialist certified by DMV to train persons with a limited vision condition using a bioptic telescopic lens to drive;

(c) An applicant has passed the knowledge test required under ORS 807.070(2); and

(d) An applicant pays a $13 fee, as required by ORS 807.370.

(2) The special limited vision condition learner's permit will:

(a) Be valid for six months;

(b) Be in the form of a letter rather than a laminated card with picture;

(c) Specify that the applicant may only drive when accompanied by the specialist(s) named on the permit;

(d) Include the following restrictions:

(A) Driving during daylight hours only; and

(B) The person must wear a bioptic telescopic lens device while driving.

(e) Be mailed to the rehabilitation training program with which the applicant has enrolled.

(3) If a person discontinues the required training or fails to make satisfactory progress toward a Certificate of Competency, the specialist must notify DMV immediately with a recommendation to terminate or extend the person's training program.

(4) If the specialist's recommendation is to terminate the applicant's training program or the applicant withdraws from the program, DMV will cancel the special limited vision condition learner's permit issued to the applicant. If the permit is cancelled, the applicant must reapply for a new permit and satisfy all the requirements set forth in section (1) of this rule. Knowledge test scores remain valid for two years.

(5) If the specialist's recommendation is to extend the applicant's training program, DMV will re-issue a special limited vision condition learner's permit for an additional six-month period if the applicant provides proof of continued enrollment in a rehabilitation training program, as set forth in subsection (1)(b) of this rule, and pays a $13 fee.

(6) A copy of the special limited condition learner's permit must be kept in the applicant's file at the school offering the rehabilitation training program.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.350 & 807.368
Stats. Implemented: ORS 807.355 – 807.368
Hist.: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 12-2008, f. 6-23-08, cert. ef. 7-1-08

735-062-0330

Training Program for the Use of Bioptic Telescopic Lenses to Drive

(1) The training program for a person issued a special limited vision condition learner's permit may consist of three parts: theoretical instruction; practical training in critical object or condition awareness skills and use of a bioptic telescopic device; and behind-the-wheel training while using a bioptic telescopic lens. The amount of training required is dependent upon the person's skill and will vary with driving experience and other factors. The specialist may determine which type of training is necessary and the number of hours required for each type, but except as provided in section (2) of this rule, must provide a minimum of six hours of practical training and 15 hours of behind-the-wheel training while using a bioptic telescopic lens to all limited vision condition drivers. No behind-the-wheel training can be conducted prior to the rehabilitation training program receiving the person's special limited vision condition learner's permit from DMV in the mail.

(2) Notwithstanding the minimum training requirements set forth in section (1) of this rule, a person who has never been issued a driver license must be provided a minimum of 30 hours theoretical training, six hours of practical training and 24 hours of behind-the-wheel training.

(3) Theoretical instruction may include but not be limited to the following:

(a) Subject matter contained in the Oregon Driver's Manual;

(b) Safe driving practices and traffic laws;

(c) The "Search, Identify, Predict, Decide, Execute" (SIPDE) approach to perceptive driving;

(d) Signs, signals, highway markings, and highway design features required for the safe operation of a motor vehicle;

(e) Driving emergencies such as brake or tire failure, skidding, stuck accelerator, and running off the roadway;

(f) Potential crash locations and situations such as intersections, hydroplaning, railroad crossing, multiple vehicle types in the traffic mix, and pedestrian traffic;

(g) Occupant restraint usage;

(h) Speeding as a major contributing factor in vehicle crashes; and

(i) Driver responsibility and accident reporting.

(4) Practical training must include, but not be limited to, passenger-in-car training that reinforces defensive driving skills, use of mirrors and blind spot checks, critical object or condition awareness (roadway characteristics, traffic control devices and other road users), proper and appropriate use of the bioptic telescopic lens system, and hazard perception skills. By the end of training the person will need to demonstrate the ability to change fixation in and out of his or her bioptic telescope effectively in one to two seconds or less per fixation, under stationery and dynamic conditions.

(5) Behind-the-wheel training must include demonstration, instruction and practice while using a bioptic telescopic lens, consisting of:

(a) Stopping;

(b) Starting;

(c) Recognizing and responding appropriately to traffic control devices, roadway markings, pedestrians, vehicles and other changes in the driving environment;

(d) Lane position;

(e) Controlling speed;

(f) Managing space around the vehicle by adjusting speed and position to avoid conflicts and reduce risk;

(g) Turning, including right and left turns at protected and unprotected intersections;

(h) Backing;

(i) Parking;

(j) How to enter, use and exit different types of intersections;

(k) Safe and courteous driving behavior;

(l) Driving in residential, business, light and heavy traffic situations; and

(m) Dealing with the unexpected -- road construction, emergency vehicles, etc.

(6) In addition to the training described in sections (4) and (5) of this rule, practical and behind-the-wheel training may include a nighttime driving training program. A nighttime program must consist of at least two hours of behind-the-wheel training after dark in both well lit and poorly lit areas and on varying types of roadways, such as city streets, residential streets, highways and country roads, while using a bioptic telescopic lens.

(7) No behind-the-wheel nighttime driving training may be conducted prior to the rehabilitation training program receiving the following from DMV:

(a) A special limited vision condition learner's permit without a driving during daylight hours only restriction, as described in OAR 735-062-0390(1); or

(b) A modified restriction letter allowing the person to drive at night with a rehabilitation training specialist, as described in OAR 735-062-0390(2).

(8) To successfully complete a nighttime driving training program, the rehabilitation specialist providing the training must certify the person is able to safely operate a motor vehicle at night while using a bioptic telescopic lens.

Stat. Auth.: ORS 184.616, 184.619 & Sec. 5, Ch. 277. OL 2003
Stat. Implemented: Ch. 277, OL 2003
Hist.: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04; DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08

735-062-0340

Qualifications to be Certified by DMV as a Rehabilitation Training Specialist

DMV will certify a person to be a rehabilitation training specialist for the express purpose of training limited vision condition applicants using a bioptic telescopic lens when the applicant meets the following qualifications:

(1) Has successfully completed the following three courses approved by TSD:

(a) Foundation of Traffic Safety Education;

(b) Fundamentals of Behind-the-Wheel Instruction; and

(c) Fundamentals of Classroom Traffic Safety Instruction;

(2) Has either:

(a) A current valid certification by DMV as a commercial driver training instructor; or

(b) Approval by TSD as an educational facility traffic safety education instructor;

(3) Is currently employed by or works as an independent contractor for either:

(a) A DMV certified drive school operator that offers or proposes to offer a driver training program for persons with a limited vision condition who use a bioptic telescopic lens; or

(b) An education facility that offers or proposes to offer a driver training program for persons with a limited vision condition who use a bioptic telescopic lens.

(4) Has a minimum of 1000 hours of experience conducting behind-the-wheel driver training; and

(5) Has enrolled in and successfully completed either:

(a) A DMV sponsored or approved course that addresses how to screen, train and assess the driving potential of persons with a limited vision condition who use a bioptic telescopic lens; or

(b) A DMV approved training program with a certified rehabilitation training specialist or an equivalent specialist in another state that includes at least 20 hours of observation and learning experiences in how to screen, train and assess the driving potential of persons with a limited vision condition who use a bioptic telescopic lens.

(6) If the person has been previously certified as a rehabilitation training specialist, but that certification is canceled, the person is not eligible for re-certification for three years after the effective date of the cancellation.

Stat. Auth.: ORS 184.616, 184.619 and Sec. 5, Ch. 277. OL 2003
Stat. Implemented: Ch. 277, OL 2003
Hist.: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

735-062-0350

Rehabilitation Training Specialist Certificates

DMV will issue a certificate to a person DMV certifies as a rehabilitation training specialist.

(1) The certificate will:

(a) Include the name of the school for which the specialist is an instructor;

(b) Be valid for the calendar year in which it is granted;

(c) Include a unique certification number; and

(2) If the person's is certified as a commercial driver training instructor and that certificate is suspended, revoked, or not renewed for any reason, the same action will apply to the person's rehabilitation training specialist certificate.

(3) A specialist who is not a certified commercial driver training school instructor will lose certification as rehabilitation training specialist if that person is no longer approved by TSD.

(4) If the person is certified as a commercial driver training instructor that certificate will not be affected if the person's rehabilitation training specialist certificate is suspended for violation under OAR 735-062-0360.

(5) The rehabilitation training specialist certificate must be displayed in the school business location. A copy of the certificate must be kept in the rehabilitation specialist file maintained by the school.

Stat. Auth.: ORS 184.616, 184.619 and Sec. 5, Ch. 277. OL 2003
Stat. Implemented: Ch. 277, OL 2003
Hist.: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

735-062-0360

Regulation of Rehabilitation Specialists and Programs Offered

DMV will regulate a person certified as a rehabilitation training specialist as well as the training program that the specialist provides to persons issued a special limited vision condition learner's permit.

(1) DMV may, without prior notice, send a representative to observe any part of the training given by a specialist to a person with a limited vision condition who uses a bioptic telescopic lens. If DMV determines that the training provided does not meet the requirements of OAR 735-062-0330 DMV may:

(a) Issue a written warning describing areas that must be improved within 30 days or the rehabilitation training specialist certificate will be suspended until improvement is made; or

(b) Require the person to attend more training on the usage of bioptic telescopic lens for driving, within three months, in order to retain the rehabilitation training specialist certificate.

(2) The specialist must provide records to the school for a driver with telescopic lens to be retained as required for any other student of the commercial driver training school or educational facility.

(3) A specialist must not provide behind-the-wheel training to the person with a limited vision condition until the person's special limited vision condition learner's permit is received. A failure to comply with the restriction of the special limited vision condition learner's permit will result in the sanctioning of the rehabilitation training specialist certificate as follows:

(a) A 30-day suspension for the first offense;

(b) A 60-day suspension for the second offense within a three year period; and

(c) Cancellation for the third offense within a three year period.

(4) Failure to comply with OAR 735-062-0320(6), 735-062-0350(5), or 735-062-0360(2) will result in:

(a) For a first offense a written warning;

(b) For a second offense a suspension of the rehabilitation specialist certificate for five days;

(c) For a third offense a suspension of the rehabilitation driver training specialist certificate for 30 days.

(5) If a limited vision condition applicant is unable to pass a DMV drive test in two attempts, DMV may question the validity of the Certificate of Competency issued by the specialist. DMV may require the specialist to accompany the applicant and a DMV representative on a drive. If the applicant clearly does not demonstrate driving ability to be issued a Certificate of Competency as described in OAR 735-062-0370, DMV may suspend the rehabilitation specialist certificate until the specialist can show that he or she has attended additional specific instruction in the training of limited vision condition drivers using a bioptic telescopic lens deemed acceptable by DMV or the emphasis of the training has changed to properly train a limited vision condition driver.

Stat. Auth.: ORS 184.616, 184.619 and Sec. 5, Ch. 277. OL 2003
Stat. Implemented: Ch. 277, OL 2003
Hist.: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

735-062-0370

Issuance of Certificate of Competency

(1) Before DMV will issue a driver license or driver permit to a person with a limited vision condition, a specialist must issue a Certificate of Competency showing the person has successfully completed a rehabilitation training program.

(2) To issue a Certificate of Competency, the specialist must certify the person:

(a) Has successfully completed a rehabilitation training program;

(b) Has demonstrated the physical, mental and social driving skills necessary to safely operate a motor vehicle in a manner that does not increase the likelihood of hazard or collision under the restricted driving conditions allowed for a driver with a limited vision condition; and

(c) Is able to effectively use the bioptic telescopic lens for visual assistance in safely operating a motor vehicle.

Stat. Auth.: ORS 184.616, 184.619 and Sec. 5, Ch. 277. OL 2003
Stat. Implemented: Ch. 277, OL 2003
Hist.: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04

735-062-0380

Issuance of a Permit or Driver License to a Person with a Limited Vision Condition

When a person with a limited vision condition has successfully completed a rehabilitation training program as described in OAR 735-062-0320(1)(b), and has received a certificate of competency from the specialist who conducted the person's training, the person may apply to DMV for an instruction permit or a driver license. To obtain an instruction permit or driver license, the person must meet all applicable requirements, except the eyesight check described in OAR 735-062-0050.

(1) To be issued a driver license, the person must successfully pass the drive test described in OAR 735-062-0070 and pay all required fees.

(2) DMV will issue a restricted driver license or instruction permit to a person with a limited vision condition as follows:

(a) Driving during daylight hours only, except as provided in OAR 735-062-0390; and

(b) The person must wear a bioptic telescopic lens device while driving.

(3) An instruction permit allows the person to operate a motor vehicle only when accompanied by a licensed driver at least 21 years of age.

Stat. Auth.: ORS 184.616, 184.619, Sec. 5, Ch. 277. OL 2003, Ch. 588, OL 2007
Stat. Implemented: Ch. 277, OL 2003, Ch. 588, OL 2007
Hist.: DMV 15-2004, f. 6-24-04, cert. ef. 7-1-04; DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08

735-062-0385

A Person with a Limited Vision Condition Must Qualify Every Two Years

(1) Beginning two years from the date of issuance and at least every two years thereafter, a person issued a license under ORS 807.363 must be examined by a licensed vision specialist and submit a Report of Limited Vision Examination form showing the person meets the vision requirements under ORS 807.359. If the person’s driving privileges are not restricted to daylight driving only, the Report of Limited Vision Examination form must include the nighttime driving vision specialist certification.

(2) Approximately 90 days before it is due, DMV will send the person a requirement letter and Report of Limited Vision Examination form. The Report of Limited Vision Examination form must be completed by the person’s licensed vision specialist and returned to DMV no later than the return date on the requirement letter.

(3) DMV will cancel the person’s driving privileges if the Report of Limited Vision Examination form is not completed and returned to DMV by the return date set forth in the requirement letter described in section (2) of this rule or the person fails to meet the vision requirements as set forth in section (1) of this rule.

(4) If the person’s driving privileges are not restricted to daylight driving only, DMV will issue a driver license with a daylight driving only restriction if the Report of Limited Vision Examination report submitted pursuant to section (1)(a) of this rule does not include the nighttime driving vision specialist certification.

(5) A Report of Limited Vision Examination must be received by DMV no later than two years from the date the most recently submitted report was signed by the licensed vision specialist.

Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 807.363 & 809.310(1)
Hist.: DMV 20-2009, f. & cert. ef. 10-27-09; DMV 18-2013, f. 12-20-13, cert. ef. 1-1-14

735-062-0390

Driving Privileges without a Daylight Hours Restriction for Persons with a Limited Vision Condition

(1) When an applicant meets the requirements in OAR 735-062-0320 for a special limited vision condition learner's permit, DMV will issue the special limited vision condition learner's permit without a driving during daylight hours only restriction, if the applicant also submits:

(a) A report from a licensed vision specialist certifying that the person's vision condition will allow the person to safely operate a motor vehicle at night; and

(b) Proof of enrollment in a nighttime driving training program as described in OAR 735-062-0330(6).

(2) To participate in behind-the-wheel nighttime driving training, a person with a special limited vision condition learner's permit, an instruction permit or a driver license that has a driving during daylight hours only restriction must provide DMV with the name of the rehabilitation specialist and date(s) of the nighttime training, and a report from a licensed vision specialist certifying that the person's vision condition will allow the person to safely operate a motor vehicle at night. If the person qualifies, DMV will send a modified restriction letter to the rehabilitation training specialist to allow the person to drive during nighttime training.

(3) DMV may issue an instruction permit or regular driver license without a driving during daylight hours only restriction to a person with a limited vision condition, or may remove the restriction from the person's driving privileges if the person submits to DMV:

(a) A report from a licensed vision specialist certifying that the person's vision condition will allow the person to safely operate a motor vehicle at night. If this report also certifies that the person's vision meets the vision requirements under section 3, chapter 277, Oregon Laws 2003, no other vision report will be required for two years; and

(b) A certificate issued by a rehabilitation training specialist certifying that the person has completed a nighttime driving training program as described in OAR 735-062-0330(6) and can safely operate a motor vehicle at night.

(4) If DMV has issued an instruction permit without a daylight only restriction to a person who later qualifies for a driver license, that license will be issued without a daylight only restriction as well.

Stat. Auth.: ORS 184.616, 184.619, 802.010; Sec. 5, Ch. 277. OL 2003, Ch. 588, OL 2007
Stat. Implemented: Ch. 277, OL 2003, Ch. 588, OL 2007
Hist.: DMV 18-2007, f. 12-24-07, cert. ef. 1-1-08

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