The Oregon Administrative Rules contain OARs filed through November 15, 2015
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION
DIVISION 76
AT-RISK DRIVER PROGRAM — NON-MANDATORY REPORTING
735-076-0000
Policy, Objective and Purpose of the At-Risk Program -- Non-Mandatory Reporting
(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 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 non-mandatory reporting to DMV of those drivers who have a mental or physical condition or impairment that may affect driving ability, or drivers who have demonstrated unsafe or dangerous driving behaviors.
(4) DMV may receive information that indicates a person may no longer be qualified to hold a driver license, driver permit or endorsement or may no longer be able to drive safely. This information may come from many sources, including a physician or health care provider, a family member, friend or neighbor, a report from a police officer or a court, a DMV representative or a self-report on a driver license issuance, renewal or replacement application. Some of these reports may describe a possible mental or physical condition or impairment, a vision problem, or a possible problem condition involving alcohol, inhalants or controlled substances that indicates the person is no longer qualified to hold a driver license, driver permit or endorsement. Other reports may only describe unsafe or dangerous driving behavior that indicates the person is not able to drive safely. These rules provide procedures for the review of non-mandatory reports, the obtaining of required information necessary to determine if a driver remains qualified for driving privileges and the taking of necessary action when a determination is made that the driver is no longer qualified for driving privileges.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.340 & 809.419
Stats. Implemented: ORS 807.340
Hist.: MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0440; DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06
735-076-0002
Definitions
(1) "DMV" means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.
(2) "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" means the suspension 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.
(4) "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.
(5) 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.
(6) "Non-mandatory reporting or a non-mandatory report" is a voluntary report to DMV of either a medical condition or impairment that may affect a driver's ability to safely operate a motor vehicle, or a report of actual driving behavior that may indicate the person is no longer able to safely operate a motor vehicle. A non-mandatory report does not include a report that must be filed by a physician or health care provider as required under OAR chapter 735, division 74 of a severe and uncontrollable impairment that affects a person's ability to safely operate a motor vehicle.
(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) "Problem condition involving alcohol, inhalants or controlled substances" has the meaning set forth in ORS 813.040.
(9) "Recertification" or "recertify" is the process for requiring the person to reestablish eligibility for driving privileges at periodic intervals by submitting a medical report form, or by submitting a Certificate of Vision form (DMV form 24) or passing a DMV vision screening. The process may also include DMV tests, receiving a determination of eligibility from the Medical Determination Officer, or both, if determined necessary by DMV.
(10) "Tests" are examinations under ORS 807.070 that establish a person's eligibility for driving privileges. Tests include a DMV vision screening, a knowledge test and a drive test.
(11) "Unsafe or dangerous driving behavior" means a driver is unable to perform basic driving tasks in a safe and competent manner. Examples include, but are not limited to, the following:
(a) The driver is prevented from causing an accident by an evasive maneuver by another driver(s);
(b) The driver impedes traffic or fails to yield the right of way, such as: driving too slowly; driving in more than one lane of traffic; turning from the wrong lane; or turning into the wrong lane; and
(c) Failure to obey or difficulty obeying a traffic control device, such as: running a red light or stop sign; stopping beyond the designated stop line at a traffic light or stop sign; failing to stop for a pedestrian in a marked crosswalk; or driving the wrong way on a one-way street.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.340 & 809.419
Stats. Implemented: ORS 807.340
Hist.: DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
735-076-0005
Reporting Requirements
(1) In order for DMV to process a non-mandatory report that indicates a person may no longer be qualified for driving privileges or may no longer be able to safely operate a motor vehicle, it must be in writing and contain:
(a) The name of the person making the report, including a signature;
(b) The name and date of birth of the person being reported or a description of the person sufficient for DMV to identify the reported person from its records; and
(c) Sufficient information to give DMV reason to believe the person may no longer be qualified to hold a driver license, driver permit, or endorsement or may no longer be able to drive safely. For purposes of this rule, sufficient information includes but is not limited to:
(A) A physician or health care provider report of a physical or mental condition or impairment that is not reportable as required under OAR chapter 735 division 74 and includes a description of how the person's ability to drive safely may be affected;
(B) A report of a physical or mental condition or impairment, and a description of how the person's ability to safely operate a motor vehicle is affected; or a description of unsafe or dangerous driving behavior;
(C) A report by a police officer, physician or health care provider where a physical or mental condition or impairment is stated as a cause or possible cause of a crash or unsafe or dangerous driving behavior;
(D) A self-report on a driver's license/permit issuance, renewal or replacement application of a vision problem affecting driving and failure to pass a DMV administered vision screening;
(E) A self-report on a driver's license/permit issuance, renewal or replacement application of a mental or physical condition or impairment affecting the person's ability to drive safely;
(F) A self-report on a driver's license/permit issuance, renewal or replacement application of a problem condition involving alcohol, inhalants or controlled substances affecting the person's ability to drive safely; or
(G) A report of unsafe or dangerous driving behavior and DMV has reason to believe the driving behavior is likely to recur or similar driving behavior has previously been reported to DMV.
(2) All written documentation voluntarily submitted under this rule, including the name of the person submitting the documentation, will be kept confidential and not released to any person unless:
(a) The report was submitted by a police officer or judge acting within the scope of his or her official duties;
(b) DMV determines the documentation, or any portion thereof, must be released pursuant to the Public Records Law, ORS 192.410 to 192.505, or the Attorney General or a court orders disclosure in accordance with the Public Records Law; or
(c) The documentation is determined by DMV to be necessary evidence in an administrative proceeding involving the suspension or cancellation of the person's driving privileges or right to apply for driving privileges.
(3) Before taking action, DMV may request more information from the person making the report if DMV has reason to believe the information provided is inaccurate or inadequate.
Stat. Auth: ORS 184.616, 184.619, 802.010, 807.340 & 809.419
Stat. Implemented: ORS 807.340
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06; DMV 6-2008(Temp), f. & cert. ef. 2-22-08 thru 8-19-08; DMV 11-2008, f. & cert. ef. 5-19-08
735-076-0007
DMV Response to Non-Mandatory Report
DMV will review a non-mandatory report meeting the requirements under OAR 735-076-0005 to determine the appropriate action to take, which may include any or all of the following:
(1) No action if the report does not give DMV reason to believe the person being reported is no longer qualified to hold a driver license, driver permit, or endorsement or is no longer able to drive safely. This includes a report from a physician or health care provider indicating the condition or impairment is not likely to recur or does not affect the person's ability to drive safely, or a report of driving behavior that reports a single incident with no indication of a mental or physical condition or impairment affecting the person's ability to safely drive.
(2) The person may be required to reestablish eligibility by taking a test under ORS 807.070 when the report is one or more of the following:
(a) A report of a mental or physical condition or impairment that may affect the person's ability to safely operate a motor vehicle, not including a loss of consciousness or control or a problem condition involving alcohol, inhalants or controlled substances.
(b) A report of unsafe or dangerous driving behavior only.
(3) The person will be required to provide a medical report form or Certificate of Vision form when the report is of the following:
(a) The person's vision may not meet the vision standards set forth in OAR 735-062-0050;
(b) A self-report on a license/permit issuance, renewal or replacement application of a mental or physical condition or impairment that affects the person's ability to drive safely; and the condition or impairment is one that causes the loss of consciousness or control;
(c) A self-report on a license/permit issuance, renewal or replacement application of a problem condition involving alcohol, inhalants or controlled substances that affects the person's ability to drive safely; or
(d) A report of a condition or impairment that involves the loss of consciousness or control, or a possible problem condition involving alcohol, inhalants or controlled substances, and DMV has reason to believe from the report that the person may no longer be qualified for driving privileges or may no longer be able to safely operate a motor vehicle.
(4) The person may be required to receive a determination of eligibility from the Medical Determination Officer under ORS 807.090 when the report indicates one or more of the following:
(a) A loss of consciousness or control is a cause or possible cause of a crash or of unsafe or dangerous driving behavior.
(b) Evidence of continued episodes of loss of consciousness or control despite current treatment.
(c) Evidence of a problem condition involving alcohol, inhalants or controlled substances.
(5) An immediate suspension of the person's driving privileges under ORS 809.419(3)(c), when the report provides DMV reason to believe that the person may endanger people or property if not immediately suspended. To regain driving privileges the person will be required to reestablish eligibility for driving privileges which may include taking tests under ORS 807.070, submitting a medical report form or Certificate of Vision, or receiving a determination of eligibility from the Medical Determination Officer under ORS 807.090.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.340 & 809.419
Stat. Implemented: ORS 807.340
Hist.: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 14-2005, f. & cert. ef. 5-19-05; Renumbered from 735-074-0160, DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
735-076-0010
The Testing Process
(1) If DMV determines a person must reestablish eligibility by taking tests as described in OAR 735-076-0007(2), DMV will send a requirement letter to the driver requiring the driver to reestablish the person's eligibility by successfully completing tests.
(2) The driver must successfully complete the tests within 60 days of the date of the requirement letter. DMV may grant an extension, not to exceed 120 additional days, if:
(a) The person is seriously ill or injured and a physician requests an extension in writing; or
(b) The person is temporarily out of state and a written request is received from the person.
(3) The driver must test in the driver's current license class, unless the driver voluntarily chooses to test for a lower class of license.
(4) Before DMV will conduct a drive test, the person must successfully complete all other required tests.
(5) If the person is unable to pass the DMV vision screening, DMV will require the person to have a vision specialist complete a Certificate of Vision form. DMV will only provide a knowledge or drive test if the completed Certificate of Vision form indicates that the person's vision meets DMV's standards as set forth in OAR 735-062-0050.
(6) The waiting periods between knowledge or drive tests are listed in OAR 735-062-0040 and 735-062-0070, respectively.
(7) As set forth in OAR 735-062-0073, DMV may refuse to continue a drive test if a DMV employee reasonably believes that the person is likely to endanger persons or property while being tested, and 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, 809.419
Stats. Implemented: ORS 807.070, 807.340
Hist.: MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0450; DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06
735-076-0015
The Process When a Medical Report Form or Certificate of Vision is Required
(1) When DMV determines medical information or a Certificate of Vision form is necessary to determine the person's continuing eligibility for driving privilege, as described in OAR 735-076-0007(3), DMV will send a letter to the driver requiring the driver to submit the completed medical report form or Certificate of Vision form provided by DMV. The medical report form must be completed by the driver and by the driver's physician, nurse practitioner or physician assistant. The Certificate of Vision must be completed by the driver's vision specialist.
(2) The driver must submit the completed medical report form or Certificate of Vision form within 30 days of the date of the requirement letter. DMV may grant an extension, not to exceed 120 additional days, if:
(a) The person is seriously ill or injured and a physician requests an extension in writing;
(b) The person is temporarily out of state and a written request is received from the person; or
(c) The person can show that an appointment was requested in a timely manner, but the earliest appointment available exceeded the 30 days.
(3) Sections (1) and (2) of this rule apply when the person must provide a medical report form or Certificate of Vision from to recertify eligibility for driving privileges.
Stat. Auth: ORS 184.616, 184.619, 802.010, 807.340 & 809.419
Stat. Implemented: ORS 807.340
Hist.: DMV 6-2006, f. & cert. ef. 5-25-06
735-076-0018
The Process when a Determination of Eligibility from the Medical Determination Officer is Required
(1) When DMV determines that the Medical Determination Officer must determine a person's continuing eligibility for driving privileges, as described in OAR 735-076-0007(4), DMV will require the person to submit a medical report form or Certificate of Vision form as set forth in OAR 735-076-0015.
(2) When received, the medical report form or Certificate of Vision form and any other relevant reports or information in DMV's At-Risk Program file will be reviewed by the Medical Determination Officer. The Medical Determination Officer may determine either that the person is medically eligible or medically ineligible for driving privileges. A determination of medical eligibility may include a requirement that the person's motor vehicle be equipped with an appropriate adaptive device(s), such as hand controls.
(3) A person determined medically eligible for driving privileges may be required to also pass tests as set forth in OAR 735-076-0010, if DMV has reason to believe that notwithstanding the determination of medical eligibility, the person may not be able to safely operate a motor vehicle. The person will also be required to pass a driving test if the Medical Determination Officer requires that the person's motor vehicle be equipped with an appropriate adaptive device(s), such as hand controls, and before a driving test is given, the person must provide documentation that he or she knows how to use and has practiced with the adaptive device(s).
(4) A person who is determined to be medically ineligible for driving privileges must complete the requirements set forth by the Medical Determination Officer, if any, before any subsequent review of medical eligibility can occur. DMV and the Medical Determination Officer will consider newly submitted medical information, at any time, if the reported condition has been resolved and is not likely to recur or if it has been determined that the condition does not affect the person's ability to safely operate a motor vehicle.
Stat. Auth: ORS 184.616, ORS 184.619, 802.010, 807.340 & 809.419
Stat. Implemented: ORS 807.090 and 807.340
Hist.: MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0405; MV 37-1989, f. & cert. ef. 10-3-89; 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 735-074-0010; DMV 1-2005, f. & cert. ef. 1-20-05; DMV 14-2005, f. & cert. ef. 5-19-05; DMV 14-2005, f. & cert. ef. 5-19-05; Renumbered from 735-074-0170, DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
735-076-0020
Suspension or Cancellation of Driving Privileges
(1) DMV may issue an immediate
suspension of driving privileges in the following situations:
(a) If DMV determines from a
non-mandatory report that the person has a mental or physical condition that makes
it unsafe for the person to operate a motor vehicle upon the highways and DMV has
reason to believe the person may endanger people or property if not immediately
suspended;
(b) If based upon information
included in a police accident report or other law enforcement report, DMV has reason
to believe that a person may endanger people or property if not immediately suspended
due a mental or physical condition that makes it unsafe for the person to operate
a motor vehicle upon the highways;
(c) The Medical Determination
Officer, upon review of medical information on a driver, recommends an immediate
suspension;
(d) Information contained in
a required Medical Impairment Recertification form submitted as required under OAR
735-076-0035 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
(e) Information contained in
a required Certificate of Vision form 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 suspend driving
privileges or the right to apply for driving privileges as follows:
(a) Under ORS 809.419(1) if
the person fails to successfully complete the required tests within 60 days of the
date of the requirement letter, or within the time period granted if an extension
is granted under OAR 735-076-0010(2);
(b) Under ORS 809.419(2), for
failure to obtain a medical clearance, if the medical report form is not completed
by the person and the person’s physician, nurse practitioner, or physician
assistant, submitted to and received by DMV within 30 days of the date on the letter
sent from DMV, unless DMV has granted an extension under OAR 735-076-0015;
(c) Under ORS 809.419(2), for
failure to obtain a medical clearance, if the person fails to submit a Medical Impairment
Recertification form as required under OAR 735-076-0035, unless an extension is
granted by DMV;
(d) Under ORS 809.419(2), for
failure to obtain a medical clearance, if the person fails to submit a Certificate
of Vision form when the person is required to obtain a periodic vision exam under
OAR 735-076-0035, unless an extension is granted by DMV;
(e) Under ORS 809.419(3), as
incompetent to drive because of a mental or physical condition or impairment that
makes it unsafe for the person operate a motor vehicle, because the Medical Determination
Officer determines that a driver is medically ineligible for driving privileges
under ORS 807.090, and the person has valid driving privileges;
(3) If the person voluntarily
surrenders driving privileges as set forth in OAR 735-062-0135(4), DMV will rescind
any suspension imposed under sections (1), (2) or (4) of this rule.
(4) DMV will suspend commercial
driving privileges under ORS 809.419(3) if the Medical Determination Officer has
determined that the holder of a Class A, B, or C commercial driver license no longer
meets the physical qualifications outlined in 49 CFR sections 391.41 through 391.49.
(4) 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; or
(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.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
807.340 & 809.419
Stats. Implemented: ORS 807.340
& 809.419
Hist.: MV 19-1987, f. 9-21-87,
ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0460; MV
17-1992, f. 12-16-92, cert. ef. 1-1-93; DMV 16-2001, f. & cert. ef. 9-21-01;
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; 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
735-076-0030
Tests Required
Reexamination tests 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; and
(3) A drive test for the class of license held including endorsement(s).
(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 a limited route license).
Stat. Auth.: ORS 184.616, 184.619, 807.340 & 809.419
Stats. Implemented: ORS 807.340
Hist.: MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0470; DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
735-076-0035
Recertification
(1) If the person retains his or her driving privileges, or regains his or her driving privileges after a suspension, recertification may be required when:
(a) The person's reported condition or impairment is progressive or unpredictable;
(b) Recommended by the physician or health care provider when completing a medical report form; or
(c) Recommended by the Medical Determination Officer.
(2) The time period for recertification will be based on the recommendation of the Medical Determination Officer or the person's physician, nurse practitioner or physician assistant, or on the recommendation of the person's vision specialist.
(3) If medical recertification is required, DMV will send the person a Medical Impairment Recertification form which must be completed by his or her physician, nurse practitioner, or physician assistant and returned to DMV.
(4) If vision recertification is required, DMV will send the person a Certificate of Vision form which must be completed by the person's vision specialist and returned to DMV.
(5) The person must submit the completed Medical Impairment Recertification form or Vision form within 30 days of the date of the requirement letter. DMV may grant an extension, not to exceed 120 additional days, if:
(a) The person is seriously ill or injured and a physician requests an extension in writing;
(b) The person is temporarily out of state and a written request is received from the person; or
(c) The person can show that an appointment was requested in a timely manner, but the earliest appointment available exceeded the 30 days.
Stat. Auth: ORS 184.616, 184.619, 802.010, 807.340 & 809.419
Stat. Implemented: ORS 807.340
Hist.: DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
735-076-0050
Restricted License
(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 76 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, 807.340 & 809.419
Stats.
Implemented: ORS 807.120, 807.340
Hist.:
MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered
from 735-031-0490; 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
735-076-0052
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 76, 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 sections (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 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
given by a DMV employee and is otherwise 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
735-076-0060
Hearing Provisions
A person issued a notice of suspension or cancellation under these rules has the right to request a contested case hearing. To request a hearing, the person must submit a hearing request that meets the requirements of OAR 735-074-0220.
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 807.340 & ORS 809.419
Stats. Implemented: ORS 807.340
Hist.: MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0495; DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
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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