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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION
DIVISION 74
AT-RISK DRIVER PROGRAM — MANDATORY REPORT FOR MEDICAL PROFESSIONALS
735-074-0050
Policy and Objective
(1) It is the policy of DMV to promote safety for all persons who travel or otherwise use the public highways of this state.
(2) The underlying policy of the Department's rules on medically at-risk drivers is to preserve the independence, dignity, and self-esteem that result from providing one's own mobility, so long as it is possible to do so without risk to oneself or to others.
(3) It is therefore an objective of these rules to establish a program for the mandatory reporting to DMV of those drivers who have functional and cognitive impairments that may affect the person's driving ability.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.710
Stat. Implemented: ORS 807.710
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06
735-074-0060
Purpose
(1) DMV recognizes that some persons have, or may develop, cognitive or functional impairments that affect driving ability. DMV acknowledges that the purpose of division 74 rules is to prevent injury or death by establishing requirements for the mandatory reporting by physicians and health care providers of those persons with severe and uncontrollable cognitive or functional impairments affecting a person's ability to safely operate a motor vehicle.
(2) Division 74 rules designate:
(a) Those physicians and health care providers required to report and the cognitive or functional impairments that must be reported to DMV under ORS 807.710;
(b) The procedures for making a mandatory report to DMV; and
(c) The procedures followed by DMV when it receives a report.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.710
Stat. Implemented: ORS 807.710
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06
735-074-0070
Authority to Obtain Medical Information and DMV Use of Medical Information
(1) DMV is authorized by law, ORS 807.710, to receive protected health information from covered health entities for the purpose of preventing injury which may be caused by drivers who are unable to safely operate a motor vehicle because of severe and uncontrollable cognitive or functional impairments. DMV is the state agency responsible for public health matters relating to the monitoring of drivers who may be ineligible for driving privileges because of a mental or physical disease or disability resulting in a cognitive or functional impairment that affects the driver's ability to safely operate a motor vehicle.
(2) DMV will use the medical information provided by physicians and health care providers only to determine whether or not a person can safely operate a motor vehicle and is qualified for driving privileges, and for taking any action deemed necessary by DMV. The protected health information required to be reported by these rules is the minimum necessary to accomplish the purposes of ORS 807.060, 807.090, 807.350, 807.710 and 809.419.
Stat. Auth.: ORS 184.616, 184.619 & 807.710
Stat. Implemented: ORS 807.710
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0080
Definitions
(1) “DMV” means the Driver
and Motor Vehicle Services Division of the Oregon Department of Transportation.
(2) A “health care
provider” is a person licensed, certified or otherwise authorized or permitted
by law to administer health care in the State of Oregon. For purposes of these rules,
the term health care provider is limited to: a chiropractic physician, nurse practitioner,
occupational therapist, physical therapist, optometrist, physician assistant and
podiatric physician or surgeon.
(3) “Immediate suspension
or cancellation” means the suspension or cancellation of driving privileges
or the right to apply for driving privileges before the person is given an opportunity
for a hearing to contest the suspension or cancellation.
(4) “Mandatory reporting
or a mandatory report” is a report of severe and uncontrollable cognitive
or functional impairments, submitted by a physician or designated health care provider
as mandated under ORS 807.710 and these rules. DMV also has a non-mandatory reporting
program that can be used by anyone, including physicians and health care providers,
that reports medical issues or driving behaviors that may affect the person’s
ability to safely operate a motor vehicle. The non-mandatory reporting program is
outlined in OAR chapter 735, division 76.
(5) “Medical Determination
Officer” is a physician, nurse practitioner or physician assistant, licensed
to provide health care services by the State of Oregon, and employed or designated
by DMV to make medical determinations of a driver’s medical eligibility for
driving privileges.
(6) A “medical report
form” is the form provided to a person or designated by DMV to be used to
obtain medical information for determining if the person is eligible or qualified
for driving privileges.
(7) A “physician”
is a medical doctor or doctor of osteopathic medicine licensed to practice medicine
in the State of Oregon by the Board of Medical Examiners or a doctor of naturopathic
medicine licensed to practice naturopathic medicine in the State of Oregon by the
Board of Naturopathic Examiners.
(8) A “primary care
provider” is a physician or health care provider who is responsible for supervising,
coordinating and providing a person’s initial and ongoing health care. A primary
care provider initiates referrals for health care outside of his or her scope of
practice, consultations and specialist care to assure continuity of a person’s
medically appropriate health care.
(9) “Primary and secondary
driving controls” mean the steering wheel, gas pedal, brake, clutch (if applicable),
turn signal controls, headlight controls, windshield wiper controls, defrost control
and horn of a motor vehicle.
(10) “Recertification”
or “recertify” is the process for requiring the person to reestablish
eligibility at periodic intervals by submitting updated medical or vision information
and possibly proving that the mental or physical condition or impairment does not
affect their ability to safely operate a motor vehicle by passing DMV tests, receiving
a determination of eligibility from the Medical Determination Officer, or both.
(11) “Severe”
means that the impairment substantially limits a person’s ability to perform
activities of daily living, including driving, because it is not controlled or compensated
for by medication, therapy, surgery or adaptive devices. Severe does not include
a temporary impairment for which the person is being treated by a physician or health
care provider and which is not expected to last more than six months.
(12) “Uncontrollable”
means the impairment persists despite efforts to control or compensate for it by
medication, therapy, surgery, or adaptive devices. Uncontrollable does not include
an impairment for which treatment by medication, therapy, surgery or adaptive devices
is currently under evaluation.
Stat. Auth.: ORS 184.616, 184.619, 802.010
& 807.710
Stat. Implemented: ORS 807.710
Hist.: DMV 8-2003, f. 5-14-03,
cert. ef. 6-1-03; DMV 14-2005, f. & cert. ef. 5-19-05; DMV 6-2006, f. &
cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 12-2013, f. &
cert. ef. 9-24-13
735-074-0090
Physicians and Health Care Providers
Required to Report to DMV
(1) If providing health care services
to a person meeting the criteria set forth in OAR 735-074-0100 or 735-074-0110,
the following physicians and health care providers must submit a report to DMV as
described in 735-074-0120:
(a) The person’s primary
care provider.
(b) A physician or health
care provider providing emergency health care services to a person who does not
have a primary care provider.
(c) A physician, physician
assistant or nurse practitioner providing ongoing specialist health care services
for a cognitive or functional impairment meeting the criteria set forth in OAR 735-074-0110.
(2) A physician, physician
assistant, or nurse practitioner providing a specialist evaluation or a health care
provider providing health care services based on a referral from the person’s
primary care provider, and the health care services relate to a cognitive or functional
impairment meeting the criteria set forth in OAR 735-074-0110 must:
(a) Submit a report to DMV;
or
(b) Provide the findings,
test results and/or treatment report to the referring provider. Upon receipt of
findings, test results and/or a treatment report, the referring provider must submit
a report to DMV if the cognitive or functional impairment meets the criteria set
forth in OAR 735-074-0110.
(3) An ophthalmologist or
optometrist providing health care services to a person who does not meet the DMV
vision standards set forth in OAR 735-062-0050 with corrective lenses or devices
must:
(a) Submit a report to DMV;
or
(b) Provide the findings
or test results to the person’s primary care provider. Upon receipt of findings
from the ophthalmologist or optometrist, the primary care provider must submit a
report to DMV.
(4) Notwithstanding section
(1) of this rule, a physician or health care provider providing health care services
to a person meeting the criteria set forth in OAR 735-074-0100 and 735-074-0110,
is not required to submit a report to DMV if the person is incapacitated and not
expected to regain the ability to drive.
Stat. Auth.: ORS 184.616, 184.619 &
807.710
Stat. Implemented: ORS 807.710
Hist.: DMV 8-2003, f. 5-14-03,
cert. ef. 6-1-03; DMV 12-2013, f. & cert. ef. 9-24-13
735-074-0100
Report of Visual Acuity or Field of Vision not Meeting DMV Standards
(1) A physician or health care provider must submit a report to DMV if providing health care services to a person whose vision does not meet the standards established in OAR 735-062-0050(2).
(2) Notwithstanding section (1) of this rule, a report is not required if by use of corrective lenses the person's vision meets DMV vision standards under OAR 735-062-0050 and a use of corrective lenses restriction is on the person's driver license. For purposes of this rule, corrective lenses do not include bioptic or telescopic lenses.
Stat. Auth.: ORS 184.616, 184.619 & 807.710
Stat. Implemented: ORS 807.710
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0110
Severe and Uncontrollable Impairments that must be Reported to DMV
As required by OAR 735-074-0090, a physician or health care provider must submit a report, as described in OAR 735-074-0120, to DMV when providing health care services to a person, 14 years of age or older, and who has one or more of the following cognitive or functional impairments which is severe and uncontrollable:
(1) Functional impairments include sensory impairments affecting peripheral sensation of extremities, including but not limited to: tingling and numbness and loss of position sense in extremities affecting the ability to feel, grasp, manipulate or release objects or use foot controls effectively.
(2) Functional impairments include motor impairments affecting the following areas:
(a) Strength, including but not limited to:
(A) The inability to consistently maintain a firm grip on objects;
(B) The inability to apply consistent pressure to objects with legs and feet;
(C) Weakness or paralysis of muscles affecting the ability to maintain sitting balance; or
(D) Weakness or paralysis in extremities affecting the ability to feel, grasp, manipulate or release objects or use foot controls effectively.
(b) Flexibility, including but not limited to: rigidity or limited range of mobility in neck, torso, arms, legs or joints.
(c) Motor planning and coordination, including but not limited to:
(A) Difficulty and slowness in initiating movement;
(B) Vertigo, dizziness, loss of balance or other motor planning conditions;
(C) Involuntary muscle movements; or
(D) Loss of muscle control.
(3) Cognitive impairments affecting the following areas:
(a) Attention, including but not limited to:
(A) Decreased awareness;
(B) Reduction in the ability to efficiently switch attention between multiple objects; or
(C) Reduced processing speed.
(b) Judgment and problem solving, including but not limited to:
(A) Reduced processing speed;
(B) An inability to understand a cause and effect relationship; or
(C) A deficit in decision making ability.
(c) Reaction time, including but not limited to a delayed reaction time.
(d) Planning and sequencing, including but not limited to:
(A) A deficit in the ability to anticipate or react to changes in the environment; or
(B) Problems with sequencing activities.
(e) Impulsivity, including but not limited to:
(A) Lack of emotional control; or
(B) Lack of decision making skills.
(f) Visuospatial, including but not limited to problems determining spatial relationships.
(g) Memory, including but not limited to:
(A) Problems with confusion or memory loss; or
(B) A decreased working memory capacity.
(h) Loss of consciousness or control.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.710
Stat. Implemented: ORS 807.710
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06
735-074-0120
The Mandatory Report to DMV
(1) To report a functional or cognitive impairment as required by OAR 735-074-0110, the reporting physician or health care provider must complete and submit to DMV, a Mandatory Impairment Referral, DMV Form 7230.
(2) To report visual acuity or field of vision not meeting DMV standards as required by OAR 735-074-0100, the reporting physician or health care provider must complete and submit to DMV, a Mandatory Impairment Referral, DMV Form 7230.
(3) The form must contain the following information:
(a) The name, address, date of birth, sex, and Oregon driver license or identification card number (if known) of the person being reported;
(b) The functional or cognitive impairment(s) being reported, as described in OAR 735-074-0100 or 735-074-0110;
(c) A description of how the person reported is affected by the impairment;
(d) Any underlying medical diagnosis or condition that may be applicable;
(e) If applicable, the date of the person's last episode of loss of consciousness or control, date of cerebrovascular accident (CVA), cardiac event or alcohol/drug/inhalant use or relapse;
(f) If applicable, medication prescribed that may interfere with safe driving behaviors or medication prescribed to treat the impairment(s) reported; and
(g) The name, address, phone number, license or certification number and signature of the reporting physician or health care provider.
[ED. NOTE: Forms referenced are available from the agency.]
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.710
Stat. Implemented: ORS 807.710
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06
735-074-0130
Standards for Identifying How Impairments Affect Driving
DMV determines that severe functional or cognitive impairments that are not correctable or controllable by medication, therapy, surgery or adaptive devices adversely affect a person's ability to safely operate a motor vehicle in the following manner:
(1) Sensory impairments: Peripheral sensation of extremities causing tingling or numbness in extremities results in:
(a) The inability to firmly grasp, manipulate, operate and release primary and secondary driving controls resulting in momentary loss of control of the vehicle, in improper or delayed signal to other drivers that the vehicle is turning, changing lanes or stopping, or difficulty stopping the vehicle;
(b) Difficulty gripping the steering wheel resulting in loss of ability to control the vehicle's lane position and turning motion;
(c) Difficulty using foot controls effectively resulting in improper or delayed signal to other drivers that the vehicle is slowing or stopping, or difficulty stopping the vehicle.
(2) Motor impairments:
(a) Strength:
(A) The inability to consistently maintain a firm grip on objects results in:
(i) Difficulty firmly gripping and turning a steering wheel resulting in loss of ability to safely control the vehicle's lane position and turning motion; and
(ii) A diminished capacity to operate primary and secondary driving controls resulting in reduced control over the vehicle and in improper or delayed signal to other drivers that the vehicle is turning, changing lanes or stopping, or inability to adjust highbeam headlights when necessary.
(B) The inability to apply consistent pressure to objects with legs or feet results in the inability to apply consistent pressure to the brake and gas pedals, resulting in difficulty or inability to maintain consistent speed or stop the vehicle.
(C) Weakness or paralysis of muscles affecting the ability to maintain sitting balance results in the danger of falling to one side during turns or other sudden motions resulting in the loss of vehicular control.
(D) Weakness or paralysis in extremities affecting the ability to feel, reach, grasp, manipulate or release objects or use foot controls effectively results in the inability to reach, grasp and operate primary and secondary driving controls resulting in difficulty controlling, turning or stopping a vehicle; failure to, or delay in, use of appropriate signals for turning, changing lanes or stopping; or difficulty maintaining lane position, turning and a consistent speed.
(b) Flexibility: Rigidity and/or limited range of mobility in neck, torso, arms, legs or joints results in:
(A) The inability to reach, grasp and operate primary and secondary driving controls resulting in difficulty controlling, turning or stopping a vehicle; failure to, or delay in, use of appropriate signals for turning, changing lanes or stopping; or difficulty maintaining lane position, turning and a consistent speed; and
(B) Difficulty turning the head to check the blind spot prior to a lane change, and to observe vehicles or pedestrians entering the roadway or when merging with traffic.
(c) Motor planning and coordination:
(A) Difficulty and slowness in initiating movement results in:
(i) The inability to simultaneously operate primary and secondary controls resulting in difficulty controlling, turning or stopping a vehicle; failure to, or delay in, use of appropriate signals for turning, changing lanes or stopping; or difficulty maintaining lane position or consistent speed, and difficulty performing turning maneuvers;
(ii) Delay in responding to the position of other vehicles that are changing lanes, are in the oncoming lane of traffic or are entering the roadway; and
(iii) Delay in responding to changing traffic control devices or changing traffic conditions.
(B) Vertigo, dizziness, loss of balance or other motor planning conditions results in:
(i) Difficulty maintaining lane position and control of the vehicle; and
(ii) Improper braking and/or accelerating behavior in response to changing traffic conditions.
(C) Involuntary muscle movements results in:
(i) The inability to coordinate the fine motor movements needed to operate primary and secondary driving controls resulting in difficulty controlling, turning or stopping a vehicle; failure to, or delay in, use of appropriate signals for turning, changing lanes or stopping; or difficulty maintaining lane position or consistent speed, and difficulty performing turning maneuvers; and
(ii) The inadvertent activation of the brake or gas pedal resulting in inconsistent speed or improper braking of the vehicle.
(D) Loss of muscle control results in:
(i) Loss of ability to use arms and/or legs in operating primary and secondary driving controls resulting in difficulty controlling, turning or stopping a vehicle; delayed use or failure to use appropriate signals for turning, changing lanes or stopping; or difficulty maintaining lane position or consistent speed, and difficulty performing turning maneuvers; and
(ii) The inability to maintain safe control of a vehicle for prolonged distances.
(3) Cognitive impairments:
(a) Attention:
(A) Decreased awareness results in:
(i) Distraction or disorientation while driving;
(ii) Difficulty maintaining control of a vehicle for prolonged distances;
(iii) Delay in timely response to traffic control devices or directives;
(iv) Delay in timely response to changes in traffic conditions, traffic hazards and emergencies; and
(v) Delay in observing and responding to the position of other vehicles that are changing lanes, are in the oncoming lane of traffic or entering the roadway.
(B) A reduction in the ability to efficiently switch attention between multiple objects results in:
(i) Delay in observing and reacting to road hazards, vehicles changing lanes or vehicles entering the roadway; and
(ii) The inability to simultaneously manipulate vehicle controls and watch the roadway.
(C) Reduced processing speed results in:
(i) Delay in timely response to changes in traffic conditions, and traffic hazards and emergencies;
(ii) Delay in observing and reacting to road hazards, vehicles changing lanes or vehicles entering the roadway; and
(iii) Delay in timely response to traffic control devices or directives.
(b) Judgment and problem solving:
(A) Reduced processing speed results in:
(i) Delay in timely response to changes in traffic conditions, and traffic hazards and emergencies;
(ii) Delay in observing and reacting to road hazards, vehicles changing lanes or vehicles entering the roadway; and
(iii) Delay in timely response to traffic control devices or directives.
(B) An inability to understand the cause and effect relationship results in:
(i) The inability to anticipate the probable outcome in various driving situations resulting in delayed or no response to changes in traffic conditions, traffic hazard and emergencies, vehicles changing lanes, or vehicles, pedestrians or bicycles enter the roadway; and
(ii) Improper or delayed signal to other drivers that the vehicle is turning, changing lanes or stopping.
(C) A deficit in decision-making ability results in:
(i) Delay in timely response to traffic control devices or directives; and
(ii) Delay in timely response to changes in traffic conditions, and traffic hazards and emergencies.
(c) Delayed reaction time results in:
(A) Delay in observing and reacting to road hazard, vehicles changing lanes or vehicles, pedestrians or bicycles entering the roadway; and
(B) Delay in timely response to changes in traffic conditions, and traffic hazards and emergencies.
(d) Planning and sequencing:
(A) A deficit in the ability to anticipate and/or react to changes in the environment results in:
(i) Delay in observing and reacting to road hazard, vehicles changing lanes or vehicles, pedestrians or bicycles entering the roadway; and
(ii) Delay in timely response to changes in traffic conditions, and traffic hazards and emergencies.
(B) Problems with sequencing activities results in:
(i) Difficulty planning and safely maneuvering a driving route;
(ii) Frequently becoming lost, confused and unable to find the way from one location to another while driving resulting in panic and sudden, irrational changes in direction or loss of control of the vehicle.
(e) Impulsivity:
(A) Lack of emotional control results in inappropriate emotional outbursts that can cause road rage and results in aggressive driving behaviors such as speeding, following too closely, not checking the intersection before entering when a light changes to green and cutting in and out of traffic.
(B) Lack of decision making skills results in:
(i) Delay in timely response to traffic control devices or directives;
(ii) Difficulty planning driving routes resulting in rapid lane changes, or unsignaled or dangerous turns; and
(iii) Delay in observing and reacting to road hazard, vehicles changing lanes or vehicles, pedestrians or bicycles entering the roadway.
(f) Visuospatial: Problems determining spatial relationships result in:
(A) Difficulty maintaining lane position, merging with traffic or changing lanes;
(B) Difficulty observing and delay in responding to the position of other vehicles driving on the roadway, the position of roadway curbs, and the position of parked vehicles alongside the roadway; and
(C) Difficulty positioning a vehicle while turning, maneuvering curves or parking.
(g) Memory:
(A) Problems with confusion and/or memory loss result in:
(i) Frequently becoming lost, confused and unable to find the way from one location to another while driving resulting in panic and sudden, irrational changes in direction or loss of control of the vehicle;
(ii) Failure or delay in observing and responding to traffic control devices and directives;
(iii) The inability to consistently perform safe driving techniques;
(iv) A lack of attention to other traffic;
(v) Abrupt lane changes without looking for other traffic;
(vi) Turning in front of an oncoming vehicle; and
(vii) Drifting in and out of traffic lane.
(B) A decreased working memory capacity results in:
(i) Frustration and confusion causing abrupt, unplanned or unsignaled turning, lane changes or stopping;
(ii) The necessity for instruction from a passenger on proper driving techniques; and
(iii) Lack of attention to other traffic.
(h) Loss of consciousness or control while driving results in loss of vehicle control.
Stat. Auth.: ORS 184.616, 184.619 & 807.710
Stat. Implemented: ORS 807.710
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0140
DMV Response to Mandatory
Report — Suspension, Opportunity to Re-Test, Reinstatement
(1) DMV will review a report
received under OAR 735-074-0120 to determine if sufficient information has been
provided. If the report does not contain the information required by OAR 735-074-0120
it may be returned to the reporting physician or health care provider for completion.
If the report does not meet the requirements of a mandatory report, but if the report
is of a possible mental or physical condition or impairment that indicates the person
is no longer qualified to hold a driver license, driver permit or endorsement or
may no longer be able to drive safely, DMV will review the report under the non-mandatory
program described in OAR chapter 735, division 76 to determine what action, if any,
is appropriate.
(2) Using the standards set
forth in OAR 735-074-0130, or when otherwise recommended by the Medical Determination
Officer, DMV will suspend driving privileges or the right to apply for driving privileges
under ORS 809.419(3), if it is determined from the report submitted under OAR 735-074-0120
that the person has a mental or physical condition or impairment that affects the
person’s ability to safely operate a motor vehicle upon the highways. Driving
privileges or the right to apply for driving privileges will be immediately suspended
if DMV has reason to believe the person may endanger people or property if not immediately
suspended.
(3) If DMV receives a report
that indicates that a person’s vision does not meet the vision standards set
forth in OAR 735-062-0050, DMV will immediately suspend the person’s driving
privileges or right to apply for driving privileges under ORS 809.419(3). To be
eligible for reinstatement of driving privileges the person must: submit proof from
a licensed optometrist or physician who specializes in the diagnosis and treatment
of eye diseases that the person’s vision, with or without corrective lenses,
meets the vision standards set forth in OAR 735-062-0050, and pass a knowledge and
drive test. Proof that vision meets DMV standards is only valid for six months from
the date DMV receives the Certificate of Vision form and the person must pass the
knowledge and drive test within this time period for reinstatement of driving privileges.
(4) A person whose driving privileges
and right to apply for driving privileges are suspended because of a functional
impairment may request to be tested by DMV to demonstrate that notwithstanding the impairment, the person is qualified to safely
operate a motor vehicle. If the request is granted, DMV will administer a vision
screening under OAR 735-062-0050, a knowledge test under 735-062-0040 and a DMV
drive test under 735-062-0070. DMV will deny the request if it has reason to believe
the person is unable to safely operate a motor vehicle during a drive test. If the
request is denied, DMV may give the person tests if the person:
(a) Receives a determination of eligibility
from the Medical Determination Officer;
(b) Submits proof of successful
completion of a driver rehabilitation program conducted by a rehabilitation specialist;
(c) Submits proof of successful
completion of a driver training course conducted by an ODOT certified commercial
driver training school; or
(d) Submits proof that the person’s
motor vehicle is equipped with an appropriate adaptive device(s), such as hand controls,
and provides documentation that the person knows how to use and has practiced with
the adaptive devices(s).
(5) A person whose driving privileges
and right to apply for driving privileges are suspended because of a cognitive impairment
or a cognitive impairment in conjunction with a functional impairment reported under
OAR 735-074-0110 may request to be tested by DMV to demonstrate that notwithstanding
the disorder or the impairment, the person is qualified to safely operate a motor
vehicle. Before DMV will grant the request to be tested, the Medical Determination
Officer must determine that the person is medically eligible to take tests. If eligible
for testing, the person must pass a vision screening under OAR 735-062-0050, a knowledge
test under 735-062-0040 and a DMV drive test under 735-062-0070.
(6) The following apply to a
request for testing under sections (4) and (5) of this rule:
(a) The request must be made
by contacting DMV headquarters; and
(b) For a cognitive impairment
or a cognitive impairment in conjunction with a functional impairment, testing must
be completed within six months from the date the Medical Determination Officer determines
the person is medically eligible to take tests.
(7) DMV will notify the reporting
physician or health care provider if the person’s driving privileges are reinstated.
(8) If the person voluntarily
surrenders driving privileges as set forth in OAR 735-062-0135(4), DMV will rescind
any suspension imposed under sections (2), (3) or (4) of this rule. The person
may be eligible for a no-fee identification card.
(9) If the person reinstates
or is reissued his or her driving privileges, DMV may require the person to provide
periodic medical information based on the recommendation of the Medical Determination
Officer or obtain periodic vision exams based on the recommendation of the person’s
vision specialist. The Medical Determination Officer may review those with functional
impairments who reinstate or are reissued driving privileges for determination of
whether the person should be medically recertified at a later date. The Medical
Determination Officer will include a determination if medical re-certification is
needed on cognitive impairments at the time a determination on testing is made.
If periodic medical information is required, DMV will send the person a Medical
Impairment Recertification form and require the person to obtain information from
his or her physician, nurse practitioner or physician assistant and return that
to DMV within 30 days of the date on the requirement letter. If a periodic vision
exam must be obtained, DMV will send the person a Certificate of Vision form which
must be completed by the person’s vision specialist and returned to DMV within
30 days of the date on the requirement letter.
(10) A person may be required
to successfully complete DMV testing or may have driving privileges suspended based
on information contained in the Medical Impairment Recertification form or periodic
vision information report submitted under section (9) of this rule.
[ED. NOTE: Forms referenced
are available from the agency.]
Stat. Auth.: ORS 184.616, 184.619,
802.010, 807.340, 807.710 & 809.419
Stat. Implemented: ORS 807.340
& 807.710
Hist.: DMV 8-2003, f. 5-14-03,
cert. ef. 6-1-03; DMV 1-2005, f. & cert. ef. 1-20-05; DMV 6-2006, f. & cert.
ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 17-2011, f. 12-22-11,
cert. ef. 1-1-12
735-074-0160 [Renumbered to 735-076-0007]
735-074-0170 [Renumbered to 735-076-0018]
735-074-0180
When a Suspension or Cancellation of Driving Privilege Occurs
(1) DMV may issue an immediate suspension of driving privileges in the following situations:
(a) As set forth in OAR 735-074-0140, if DMV has reason to believe from the information provided in a mandatory report submitted under 735-074-0120 that the person may endanger people or property if not immediately suspended;
(b) The Medical Determination Officer, upon review of medical information on a driver, recommends an immediate suspension;
(c) Information contained in a required Medical Impairment Recertification form submitted as required under OAR 735-074-0140 indicates that the person has a mental or physical condition that makes it unsafe for the person to operate a motor vehicle and DMV has reason to believe the person may endanger people or property if not immediately suspended; or
(d) Information contained in a required Certificate of Vision form submitted as required under OAR 735-074-0140 indicates the person's vision does not meet minimum vision standards under OAR 735-062-0050 and DMV has reason to believe the person may endanger people or property if not immediately suspended.
(2) DMV will immediately cancel a person's driving privileges if DMV has reason to believe that the person may endanger people or property if not immediately canceled. If DMV has reason to believe a person is unable to safely operate a motor vehicle and may endanger people or property, DMV may immediately cancel driving privileges pursuant to ORS 807.350 and OAR 735-070-0010, 735-070-0020 and 735-074-0220.
(3) DMV may cancel driving privileges pursuant to ORS 807.350 and OAR 735-070-0010, 735-070-0020 and 735-074-0220 if:
(a) The person's vision does not meet the minimum vision standards set forth in OAR 735-062-0050;
(b) DMV determines the person no longer meets the qualifications for a driver license, driver permit or endorsement because of a physical or mental condition or impairment that affects the person's ability to safely operate a motor vehicle upon the highway or a problem condition involving alcohol, inhalants or controlled substances; or
(c) The person is denied a drive test by DMV or the Medical Determination Officer because of a physical or mental condition or impairment that affects the person's ability to safely operate a motor vehicle upon the highway.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.340, 807.350 & 809.419
Stat. Implemented: ORS 807.350 & 809.410
Hist.: MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0410; MV 14-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 14-2002, f. 8-14-02 cert. ef. 9-1-02; DMV 24-2002, f. 12-13-02 cert. ef. 1-1-03; DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; Renumbered from 735-074-0020; DMV 1-2005, f. & cert. ef. 1-20-05; DMV 14-2005, f. & cert. ef. 5-19-05; DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
735-074-0190
Tests Required
Tests required under these rules may include one or more of the following:
(1) A knowledge test for the class of license and endorsement(s) held;
(2) A vision screening;
(3) A drive test for the class of license held including any endorsement(s); or
(4) Any other examination or test that DMV determines may be necessary in establishing eligibility or fitness to operate a motor vehicle (e.g., special drive test for basic needs license).
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 807.340,
Stat. Implemented: ORS 807.070 & ORS 807.340
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-074-0200
Testing Process
(1) The driver must test in the driver's current license class, unless the driver voluntarily chooses to test for a lower class of license.
(2) Before DMV may conduct a drive test, the person must successfully complete all other required tests.
(3) The waiting periods between knowledge or drive tests are listed in OAR 735-062-0040 and 735-062-0070, respectively.
(4) As set forth in OAR 735-062-0073, DMV may refuse to conduct or continue a drive test if a DMV employee reasonably believes that the person is likely to endanger persons or property while being tested. Further testing may be denied and driving privileges cancelled if DMV determines the person is likely to endanger persons or property during subsequent testing.
Stat. Auth.: ORS 184.616, 184.619, 802.010 &807.340
Stat. Implemented: ORS 807.070 & 807.340
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06
735-074-0210
Restricted Licenses
(1) DMV may issue
a restricted license to a person who passes the required tests when DMV determines
a restriction on the license is necessary to insure the safe operation of a motor
vehicle by the person. These restrictions may include but are not limited to the
following:
(a) Daylight
driving only;
(b) Driving
only on a certain, restricted route;
(c) Driving
only during certain hours of the day; or
(d) Driving
only with certain vehicle equipment or adaptive devices.
(2) A
person whose driving privileges are suspended under division 74 rules, who is otherwise
eligible for driving privileges, may obtain a 60-day restricted license for the
express purpose of taking driving lessons. The suspension will be rescinded for
the 60-day period the restricted license is valid. Driving lessons must be provided
by a commercial driving instructor, a rehabilitation specialist or other licensed
driver approved by DMV as an instructor. The restricted license will only allow
the person to drive with an instructor during instruction. No other driving, under
any circumstances, will be allowed by the restricted license. All the following
must occur before DMV will issue a restricted license under this section:
(a) If
required by DMV, the person must receive a determination of medical eligibility
from the Medical Determination Officer;
(b) The
person must pass a DMV vision screening or submit a Certificate of Vision showing
that the person's vision meets DMV standards; and
(c)
The person must pass a DMV knowledge test.
(3) A restricted license
issued under section (2) of this rule will include a notification that at the end
of the 60-day period the suspension will be re-imposed without further notice and
without the opportunity for a contested case hearing if the person has not successfully
passed a driving test given by a DMV employee.
(4) If,
at the end of the 60-day restricted license period under section (2) of this rule,
the person has not successfully completed a driving test given by a DMV employee,
DMV will re-impose the suspension of the person's driving privileges and right to
apply for driving privileges. When a suspension is re-imposed under this section,
DMV is not required to provide the person with further notice or an opportunity
for a contested case hearing.
Stat. Auth.:
ORS 184.616, 184.619, 802.010, 807.120
Stat.
Implemented: ORS 807.120
Hist.:
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06;
DMV 8-2011, f. & cert. ef. 6-21-11
735-074-0212
Restricted Applicant Temporary Permit
(1) When a person
does not have Oregon driving privileges and his or her right to apply for driving
privileges is suspended under OAR division 74, DMV may issue a 60-day restricted
applicant temporary permit that allows the person to take driving lessons. An applicant
for a permit under this section must meet all eligibility requirements listed in
section (5) of this rule. The suspension will be rescinded for the 60-day period
the restricted applicant temporary permit is valid. If, at the end of the 60-day
restricted permit period, the person has not successfully completed a driving test
given by a DMV employee, or is not otherwise eligible for driving privileges, DMV
will re-impose the suspension of the person’s right to apply for driving privileges.
When a suspension is re-imposed under this section, DMV is not required to provide
the person with further notice or an opportunity for a contested case hearing.
(2) If
a person's driving privileges are cancelled and the driver is denied further testing
under OAR 735-062-0073, the person may apply for a 60-day restricted applicant temporary
permit for the express purpose of taking driving lessons if DMV determines that
with driving lessons the person may learn to safely operate a motor vehicle. An
applicant for a permit under this section must, in addition to meeting all eligibility
requirements listed in section (5) of this rule, provide sufficient information
to show that there is a reasonable likelihood that driving lessons will improve
the person's ability to safely operate a motor vehicle. Such information may include,
but is not limited to:
(a) Medical
information;
(b) Information
from a rehabilitation specialist that the person may benefit from lessons to learn
to use an adaptive device or technique; or
(c) An
affidavit from a person(s) with information to show that with driving lessons the
applicant is likely to learn to safely operate a motor vehicle.
(3) Driving
lessons must be provided by a certified commercial driving instructor, rehabilitation
specialist or other licensed driver approved by DMV as an instructor.
(4) A
restricted applicant temporary permit only allows the person to drive with an instructor
during driving lessons and at no other time.
(5) To
be eligible for a restricted applicant temporary permit under section (1) and (2)
of this rule, the person must:
(a) If
required by DMV, receive a determination of medical eligibility from the Medical
Determination Officer;
(b) Apply
for driving privileges, and specifically request a restricted license or permit
for the purpose of taking driving lessons prior to taking a drive test;
(c) Pass
a DMV vision screening or submit a Certificate of Vision showing that the person's
vision meets DMV standards; and
(d) Pass
a DMV knowledge test.
(6) A
restricted permit issued under section (1) of this rule will include a notification
that at the end of the 60-day period the suspension will be re-imposed without further
notice and without the opportunity for a contested case hearing if the person has
not successfully passed a driving test given by a DMV employee or is not otherwise
eligible for driving privileges.
(7) A
restricted permit issued under section (2) of this rule will include a notification
that at the end of the 60-day period the permit expires and the person no longer
has driving privileges until he or she has successfully passed a DMV driving test
and is eligible for driving privileges.
Stat. Auth.:
ORS 184.616, 184.619, 802.010, 807.120, 807.310, 807.340
Stats.
Implemented: ORS 807.120, 807.310, 807.340
Hist.:
DMV 6-2006, f. & cert. ef. 5-25-06; DMV 8-2011, f. & cert. ef. 6-21-11
735-074-0220
Hearing Request for Suspension or Cancellation of Driving Privileges Under Division 74 and Division 76 Rules
A person issued a notice of suspension or cancellation under these rules has the right to request a contested case hearing. The following apply to a hearing request:
(1) Except as provided in section (2) of this rule, a person issued a notice of suspension or cancellation under these rules must request a hearing within 20 days from the date on the notice. Except as provided in section (2) of this rule, the suspension or cancellation will not go into effect pending the outcome of the hearing.
(2) A person issued a notice of an immediate suspension or an immediate cancellation must request a hearing within 90 days from the date on the notice. The suspension or cancellation will remain in effect and will not be rescinded or stayed by DMV pending the outcome of the hearing.
(3) A hearing request 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; and
(d) A brief statement of the issues the person proposes to raise at the hearing.
(4) A hearing request should also include:
(a) The person's date of birth;
(b) The telephone number where the person can be reached between 8 a.m. and 5 p.m.; and
(c) The dates and times the person or the person's attorney cannot appear at a hearing.
(5) The administrative law judge must give DMV sufficient opportunity to obtain and present in the contested case hearing any testimony or documents deemed necessary by the agency to respond to evidence offered by the person on any factual or legal defense.
(6) In order for a request for hearing to be timely, the request must be postmarked or received by DMV within the time periods established in sections (1) and (2) of this rule. If the request for hearing is not timely received, the person waives his or her right to a hearing, except as provided in OAR 137-003-0528. The time periods will be computed as set forth in OAR 137-003-0520(11).
(7) To be received by DMV, the hearing request 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) 945-5521.
Stat. Auth.: ORS 184.616, 184.619, 809.440
Stat. Implemented: ORS 809.440
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 23-2004, f. & cert. ef. 11-17-04
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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