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

 

DIVISION 72

DRIVER IMPROVEMENT

735-072-0000

Application of the Driver Improvement Program

(1) All drivers in this state are subject to the provisions of one of the Driver Improvement Programs established by this division.

(2) The provisional driver improvement program applies to drivers who have reached 14 years of age but who have not yet reached 18 years of age.

(3) The adult driver improvement program applies to drivers 18 years of age or older.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 809.480
Stats. Implemented: ORS 809.480
Hist.: MV 24-1985, f. 12-31-85, ef. 1-1-86; MV 23-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0300; DMV 10-1994, f. 9-30-94, cert. ef. 10-1-94; DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02

735-072-0010

Purpose of the Driver Improvement Program

This division establishes the Driver Improvement Programs as authorized by ORS 809.480. Both the Provisional and Adult Driver Improvement Programs have as their goal the reduction of traffic convictions and especially accidents.

Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 809.480
Stats. Implemented: OR 809.480
Hist.: MV 24-1985, f. 12-31-85, ef. 1-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0305; DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02

735-072-0020

Driver Improvement Program Definitions

The following definitions apply to rules for both Driver Improvement Programs:

(1) “Adult Driver” is a driver 18 years of age or older.

(2) “Combination” means one or more driver improvement violations and one or more preventable accidents. For purposes of these rules, a driver improvement violation and a preventable accident arising from a single incident is not a combination.

(3) “Conviction” means a determination of guilt by a court of law upon a plea, verdict, finding, or unvacated bail forfeiture. For purposes of section (6) of this rule if a person is convicted of more than one offense arising from a single traffic stop or preventable accident, the convictions for separate offenses constitute one conviction and are a driver improvement violation if at least one of the convictions is for an offense listed in OAR 735-064-0220.

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

(5) “Driver Improvement Violation” means:

(a) One conviction for an offense listed in OAR 735-064-0220; or

(b) Five convictions for an offense listed in OAR 735-072-0035.

(6) “License” has the meaning specified in ORS 801.245.

(7) “Preventable Accident” is a traffic accident reported by a police officer that indicates a driver failed to do everything a driver reasonably could have done to prevent the accident. Factors used to determine preventability include but are not limited to:

(a) Violations of the law even if a citation is not issued;

(b) Failure to use defensive driving techniques;

(c) Road conditions existing at the time of the accident; or

(d) Speed of the driver’s vehicle.

(8) “Provisional Driver” means a driver who has reached 14 years of age but has not yet reached 18 years of age.

(9) “Record Review Date” means:

(a) The date DMV records a driver improvement violation or preventable accident to a person’s driving record; or

(b) The date DMV grants driving privileges or fully reinstates the driving privileges following a suspension or revocation.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 809.480
Stats. Implemented: ORS 809.480
Hist.: MV 24-1985, f. 12-31-85, ef. 1-1-86; MV 23-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0310; DMV 10-1994, f. 9-30-94, cert. ef. 10-1-94; DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02; DMV 2-2011, f. & cert. ef. 3-2-11; DMV 3-2013, f. 4-22-13, cert. ef. 5-1-13

735-072-0023

Provisional Driver Improvement Program

(1) Drivers who have reached 14 years of age but who have not yet reached 18 years of age are subject to the Provisional Driver Improvement Program. The Provisional Driver Improvement Program is designed to have a quick and immediate impact on young drivers who are convicted of traffic offenses or involved in preventable accidents. This rule applies to driver improvement violations and preventable accidents that occur when the driver is 14, 15, 16 or 17 years of age, and whose record review date occurs before the person has reached 18 years of age.

(2) On the record review date, DMV will review the person’s driving record and restrict the driving privileges of any provisional driver who has:

(a) Two driver improvement violations; or

(b) Two preventable accidents; or

(c) A combination of one driver improvement violation and one preventable accident.

(3) The following apply to provisional restrictions:

(a) DMV will restrict the license or instruction permit of a provisional driver to drive only to and from or for employment, with no passengers except their parent, stepparent or guardian;

(b) DMV will impose the restriction for a period of 90 days or until the driver becomes 18 years of age. DMV will notify the provisional driver by letter that the restriction will begin five days from the date of the letter. During the 90-day restriction period, the provisional driver must carry the restriction letter at all times while the person is driving a motor vehicle;

(c) A person who violates the Provisional Driver Improvement Program restriction, can be cited under ORS 807.010, operating in violation of license restrictions, which is a Class B traffic violation; and

(d) DMV will delay imposition of a restriction to driving privileges and place a pending restriction code on the person’s driving record of any provisional driver:

(A) Whose driving privileges are cancelled, suspended or revoked until DMV grants driving privileges or fully reinstates driving privileges; or

(B) Who has not been granted driving privileges until DMV grants driving privileges in the form of a provisional driver license or instruction permit;

(C) Unless that provisional driver gets another driver improvement violation or preventable accident while under the age of 18. In that case, DMV will suspend the driving privileges or right to apply for driving privileges as set forth in subsection (6) of this rule. This suspension will supersede the pending restriction and the pending restriction code will be removed from the person’s driving record.

(4) Upon submission of a designated application form from the provisional driver, DMV may re-evaluate the restriction imposed under section (3) of this rule and may amend the restriction. On the form, the provisional driver must set forth the reason why an amended restriction is needed. The provisional driver must also provide proof he or she has completed an action approved by DMV that is designed to reduce the likelihood of future traffic violations and accidents.

(5) DMV will suspend for six months the driving privileges or right to apply for driving privileges of any provisional driver who has:

(a) Three driver improvement violations;

(b) Three preventable accidents; or

(c) A combination of driver improvement violations and preventable accidents that total three.

(6) For each subsequent driver improvement violation or preventable accident, DMV will suspend for six months the driving privileges or right to apply for driving privileges of a provisional driver, regardless of a previous or current Driver Improvement Program suspension(s), who has:

(a) Four or more driver improvement violations;

(b) Four or more preventable accidents; or

(c) A combination of driver improvement violations and preventable accidents that total four or more.

(7) DMV will suspend for one year the driving privileges or the right to apply for driving privileges of a provisional driver convicted of any offense listed in ORS 809.600(1). This suspension is for Provisional Driver Improvement Program purposes and is in addition to any suspension or revocation imposed because of the specific conviction.

(8) The suspension period for those suspensions imposed under sections (6), (7) and (8) of this rule will be imposed for the full suspension period, regardless of whether the provisional driver becomes 18 years of age during the suspension period. A suspension of driving privileges or the right to apply for driving privileges under this rule shall run concurrently with any other suspension, revocation, or cancellation in effect at the time the suspension begins. This section is applicable to suspensions imposed on or after June 30, 2002.

Stat. Auth.: ORS 184.616, 184.619 & 809.480
Stats. Implemented: ORS 809.480
Hist.: DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02; DMV 7-2003(Temp), f. 5-14-03, cert. ef. 5-15-03 thru 11-10-03; DMV 13-2003, f. & cert. ef. 9-22-03; DMV 19-2004, f. & cert. ef. 8-20-04; DMV 3-2013, f. 4-22-13, cert. ef. 5-1-13

735-072-0027

Adult Driver Improvement Program

(1) A driver whose record review date is on or after the person has reached 18 years of age is subject to the Adult Driver Improvement Program. DMV will look back from the record review date to the incident date that resulted in a conviction or the date of a preventable accident to determine if a person is subject to the Adult Driver Improvement Program.

(2) DMV will restrict the license or instruction permit of an adult driver who within the 18-month period immediately prior to the record review date has:

(a) Three driver improvement violations;

(b) Three preventable accidents; or

(c) A combination of driver improvement violations and preventable accidents that total three.

(3) The following apply to adult restrictions:

(a) DMV will restrict the license or instruction permit of an adult driver to no driving between the hours of 12 midnight and 5 a.m., unless driving between home and work or driving for purposes of employment;

(b) DMV will impose the restriction for a period of 30 days. DMV will notify the adult driver by letter that the restriction will begin 30 days from the date of the letter. During the restriction period, the adult driver must carry the restriction letter at all times the person is driving a motor vehicle; and

(c) DMV will delay imposition of a restriction to driving privileges and place a pending restriction code on the person's driving record of any adult driver:

(A) Whose driving privileges are cancelled, suspended or revoked until DMV grants driving privileges or fully reinstates driving privileges; or

(B) Who has not been granted driving privileges until DMV grants driving privileges in the form of a driver license or instruction permit;

(C) Unless that adult driver gets another driver improvement violation or preventable accident that would total four driver improvement violations or preventable accidents in a 24-month period prior to the record review date. In that case, DMV will suspend the driving privileges or right to apply for driving privileges. This suspension will supercede the pending restriction and the pending restriction code will be removed from the person's driving record.

(d) DMV will not impose a pending restriction to the driving privileges of an adult driver if:

(A) Five years have elapsed from the date the pending restriction was imposed; and

(B) The adult driver has no record of a driver improvement violation or preventable accident occurring in the last 18 months prior to the granting of driving privileges or full reinstatement of driving privileges.

(4) DMV will suspend the driving privileges or right to apply for driving privileges of an adult driver who within the 24-month period immediately prior to the record review date has:

(a) Four driver improvement violations;

(b) Four preventable accidents; or

(c) A combination of driver improvement violations and preventable accidents that total four.

(5) For each subsequent driver improvement violation or preventable accident, DMV will suspend the driving privileges or right to apply for driving privileges of an adult driver, regardless of a previous or current Driver Improvement Program suspension(s), who within the 24-month period immediately prior to the record review date has:

(a) Four or more driver improvement violations;

(b) Four or more preventable accidents;

(c) A combination of driver improvement violations and preventable accidents that total four or more.

(6) The suspension period under sections (3), (4) and (5) of this rule will be for 30 days. The suspension will run concurrently with any other suspension, revocations, or cancellations in effect at the time the suspension begins.

Stat. Auth.: ORS 184.616, 184.619 & 809.480
Stats. Implemented: ORS 809.480
Hist.: DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02; DMV 19-2004, f. & cert. ef. 8-20-04

735-072-0035

Driver Improvement Offenses

(1) The conviction for an offense listed below counts toward both the Provisional and Adult Driver Improvement Programs. It takes five convictions from the following list to equal one driver improvement violation. All other convictions counting in the Driver Improvement Programs are outlined in OAR 735-064-0220.

(2) Offenses from other states are posted to driver records using an AAMVAnet Code Dictionary (ACD) code. This section identifies the code that appears on the driver record, a description of the offense and the ORS or administrative rule reference to the equivalent offense(s) in Oregon. The offenses listed below also count towards both the Provisional and Adult Driver Improvement Programs as described in section (1) of this rule.

(3) The following ACD codes are obsolete but convictions reported under these codes may still count as a conviction for an offense for both the Provisional and Adult Driver Improvement Programs as described in section (1) of this rule if DMV received notice from another state of a conviction using the following codes:

[ED. NOTE: Lists referenced are not included in rule text. Click here for PDF copy of list(s).]

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 809.480
Stats. Implemented: ORS 809.480
Hist.: DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02; DMV 19-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 28-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 18-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 23-2013, f. 12-20-13, cert. ef. 1-1-14

735-072-0050

Rights to a Hearing or Administrative Review

Hearing and administrative review procedures for suspensions under OAR 735-072-0023 and 735-072-0027 are as established by ORS 809.440(1), (2) and (5).

(1) A person whose suspension is based solely on conviction records received from a court is entitled to an administrative review.

(2) A person whose suspension is based, in any part, on a report of a preventable accident is entitled to a contested case hearing.

(3) It shall be a defense to a suspension under OAR 735-072-0023 and 735-072-0027 if the person can establish that all of the convictions on which the department’s suspension action is based occurred when the person had valid driving privileges issued by another jurisdiction.

Stat. Auth.: ORS 184.616, 184.619 & 809.480
Stats Implemented: ORS 809.480
Hist.: MV 24-1985, f. 12-31-85, ef. 1-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0325; MV 19-1991, f. & cert. ef. 9-18-91; DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02; DMV 2-2011, f. & cert. ef. 3-2-11

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