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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION
DIVISION 64
SPECIAL DRIVER
PERMITS
735-064-0005
Definitions
As used in Division
64 rules, unless the context requires otherwise:
(1) “AMH”
means the Addictions and Mental Health Division of the Oregon Health Authority.
(2) “DMV”
means the Driver and Motor Vehicle Services Division of the Oregon Department of
Transportation.
(3) “DUII”
means driving under the influence of intoxicants.
(4) “Family
necessities” means driving to and from grocery shopping, driving a household
member to and from work, driving the applicant or the applicant’s children
to and from school, driving the applicant’s children to and from child care,
driving to and from medical appointments and caring for elderly family members.
(5) “Fee”
is an amount defined in ORS 807.370.
(6) “Hardship/probationary
permit” means a restricted driving privilege issued to a person whose privilege
is both suspended and revoked and who is required to install an IID due to a DUII
suspension.
(7) “IID”
means ignition interlock device.
(8) “Intoxicants”
means intoxicating liquor, any controlled substance, any inhalant or any combination
of the three.
(9) “Immediate
family” means the applicant’s spouse or partner in a domestic relationship,
children, stepchildren, brother, sister, mother, father, mother-in-law, father-in-law,
grandmother or grandfather.
(10) “Oregon
resident” means a person who is domiciled in this state as defined by ORS
803.355 or is a resident of this state as defined by ORS 807.062(4) and (5).
(11) “Private
transportation” means family members, friends or fellow employees who are
able to serve the applicant’s transportation needs.
(12) “Public
transportation” means bus, shuttle or commuter service that is able to serve
the applicant’s transportation needs.
Stat. Auth.: ORS
184.616, 184.619, 802.010, 807.240, 807.270 & Sec. 3, Ch. 99, OL 2007
Stats. Implemented:
ORS 807.240, 807.270 & 813.520
Hist.: DMV
12-1996, f. & cert. ef. 12-20-96; DMV 2-2001, f. & cert. ef. 1-17-01: DMV
15-2001, f. & cert. ef. 9-21-01; DMV 2-2006, f. & cert. ef. 2-15-06; DMV
17-2006, f. & cert. ef. 11-17-06; DMV 5-2008, f. & cert. ef. 2-4-08; DMV
2-2013, f. & cert. ef. 3-22-13
735-064-0020
Who Can Apply
for a Hardship or Probationary Permit
(1) Any Oregon resident
whose driving privileges are suspended may apply for a hardship permit unless the
person’s driving privileges are revoked for any reason or suspended under:
(a) ORS 25.780
for failure to pay child support because 807.250(3) does not allow the issuance
of a hardship permit;
(b) ORS 809.280(10)
for a controlled substance conviction because 807.250(2) does not allow the issuance
of a hardship permit;
(c) ORS 809.419(1)
for failure to appear for or pass required tests because 813.520 provides that no
hardship permit may be issued if a person has a mental or physical condition that
makes the person unsafe to drive a motor vehicle;
(d) ORS 809.419(2)
for failure to obtain a required medical clearance because 813.520 provides that
no hardship permit may be issued if a person has a mental or physical condition
that makes the person unsafe to drive a motor vehicle;
(e) ORS 809.419(3)
for a mental or physical condition because 813.520 provides that no hardship permit
may be issued if a person has a mental or physical condition that makes the person
unsafe to drive a motor vehicle;
(f) ORS 809.421(1)
for habitual incompetence, recklessness or criminal negligence or committing a serious
violation of the motor vehicle laws because 809.421(1)(b) states this suspension
is subject to any conditions the department determines necessary. The department
has determined that a person suspended under this subsection may not be issued a
hardship permit;
(g) ORS 809.419(5)
upon notification by the superintendent of a hospital because 813.520 provides that
no hardship permit may be issued if a person has a mental or physical condition
that makes the person unsafe to drive a motor vehicle;
(h) ORS 809.419(6)
when a person charged with a traffic offense has been found guilty except for insanity
because 813.520 provides that no hardship permit may be issued if a person has a
mental or physical condition that makes the person unsafe to drive a motor vehicle;
(i) ORS 813.400
and 813.403, and the person fails to install or use an IID in a vehicle(s) the person
intends to operate, because under 813.602(1)(a) an IID must be installed before
the person is eligible for a hardship permit;
(j) ORS 813.602(6)
for tampering with an ignition interlock device because tampering with an ignition
interlock device shows the person is a reckless driver and does not qualify for
a hardship permit under 807.240(3)(d).
(k) ORS 809.280(5)
or 809.416(1) for failure to appear in court, because 807.250(4) does not allow
the issuance of a hardship permit; or
(L) ORS 809.416(2)
for failure to pay a fine or obey a court order, because 807.250(4) does not allow
the issuance of a hardship permit.
(2) DMV will
not issue a hardship permit that authorizes a person to operate a commercial motor
vehicle because 807.240(2) does not allow the issuance of a hardship permit to drive
a commercial motor vehicle.
(3) Any Oregon
resident whose driving privileges are revoked as a habitual traffic offender may
apply for a probationary permit unless the person’s driving privileges are
also revoked for any reason other than being a habitual traffic offender or are
also suspended for any of the reasons listed in section (1) of this rule. DMV will
not issue a probationary permit that authorizes a person to operate a commercial
motor vehicle because ORS 807.270(4) does not allow the issuance of a probationary
permit to drive a commercial motor vehicle.
Stat. Auth.: ORS
184.616, 184.619, 802.010, 807.240, 807.252 & 807.270
Stats. Implemented:
ORS 807.062, 807.240, 807.250, 807.270, 809.265, 809.380, 809.390, 809.419, 809.421,
813.500 & 813.602
Hist.: MV
7-1984, f. 6-29-84, ef. 7-1-84; MV 17-1986, f. & ef. 10-1-86; MV 12-1987(Temp),
f. 9-16-87, ef. 9-27-87; MV 31-1987, f. & ef. 10-5-87; Administrative Renumbering
3-1988, Renumbered from 735-031-0085; MV 12-1989, f. & cert. ef. 3-20-89; DMV
12-1996, f. & cert. ef. 12-20-96; DMV 4-1999(Temp.), f. & cert. ef. 10-13-99
thru 4-9-00; DMV 1-2000, f. & cert. ef. 3-10-00; DMV 27-2001(Temp), f. 12-14-01,
cert. ef. 1-1-02 thru 6-29-02; DMV 11-2002, f. 6-24-02, cert. ef. 6-30-02; DMV 25-2003,
f. 12-15-03 cert. ef. 1-1-04; DMV 12-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 12-2009,
f. & cert. ef. 6-25-09; DMV 9-2011, f. & cert. ef. 7-22-11; DMV 2-2013,
f. & cert. ef. 3-22-13
735-064-0030
Hardship/Probationary Permit Waiting Periods Following Implied Consent or DUII Suspensions
Waiting periods for the issuance of a hardship/probationary permit following an implied consent or DUII suspension are listed in ORS 813.520. As used in ORS 813.520(9) a traffic crime means any traffic offense that is punishable by a jail sentence and includes:
(1) Reckless driving as defined in ORS 811.140;
(2) Failure to perform the duties of a driver involved in an accident or collision under ORS 811.700 or 811.705;
(3) Criminally driving while suspended or revoked, as defined under ORS 811.182;
(4) Fleeing or attempting to elude a police officer, as defined in ORS 811.540;
(5) Vehicular assault of bicyclist or pedestrian under ORS 811.060;
(6) Reckless endangerment of highway workers, as defined in ORS 811.231;
(7) False accident report under ORS 811.740;
(8) Knowingly violating an out-of-service notice under ORS 825.990(2); or
(9) A violation of ORS 825.990(3).
Stat. Auth.: ORS 184.616, 184.619, 807.240& 807.270
Stats. Implemented: ORS 807.240, 807.270 & 813.520
Hist.: MV 7-1984, f. 6-29-84, ef. 7-1-84; MV 17-1986, f. & ef. 10-1-86; MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87; MV 31-1987, f. & ef. 10-5-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0090; MV 28-1989, f. & cert. ef. 10-3-89; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 15-2002, f. & cert. ef. 8-26-02
735-064-0040
Application Requirements for a Hardship or Probationary Permit
(1) Documents required to obtain a hardship
permit depend on the reason(s) for the suspension. Documents required to obtain
a probationary permit depend on whether the applicant’s driving privileges
are also suspended and the reason for the suspension. An applicant must comply with
any sections of this rule that apply to the applicant’s suspension, revocation
or combination of suspension(s) and revocation(s). All applicants must:
(a) Complete a Hardship/Probationary
Application, (DMV Form 735-6044). This form is available at any DMV office and on
the Internet at www.oregondmv.com; and
(b) Pay the hardship or probationary
permit fee and the reinstatement fee.
(2) An applicant, whose driving
privileges are suspended based on a conviction for DUII, reckless driving, fleeing
or attempting to elude a police officer or misrepresentation of age by a minor to
purchase or consume alcohol or attempt to purchase marijuana, must obtain the recommendation
and signature of the convicting judge on the Hardship/Probationary Application form.
(3) An applicant, whose driving
privileges are suspended for two or more DUII convictions where the commission of
the later offense and the conviction for a separate offense occurred within a five-year
period, must submit a recommendation for issuance of a hardship or probationary
permit from a program approved by AMH.
(4) An applicant, whose driving
privileges are suspended under ORS 809.310(3) or 809.411(9) for committing a fraudulent
or unlawful act in applying for or in the use of a driver license, driver permit
or identification card, must:
(a) Provide proof of a verifiable
Social Security Number or proof of not being eligible for one;
(b) Provide proof of legal
presence;
(c) Submit to the collection
of biometric data and establish identity as provided in ORS 807.024; and
(d) Provide proof of identity
and date of birth.
(5) Unless driving privileges
are suspended for a DUII conviction, an applicant for a hardship permit must submit
a SR22 insurance certificate or other proof of financial responsibility as described
in ORS 806.240. An applicant whose driving privileges are suspended for a DUII conviction
must submit a SR22 certificate as proof of financial responsibility that shows at
least the minimum coverage amounts specified in ORS 806.075. An applicant for a
probationary permit must submit a SR22 insurance certificate if the applicant’s
driving privileges are suspended in addition to the habitual traffic offender revocation.
(6) An applicant for a probationary
permit must submit to DMV a medical report form or a report on the Hardship/Probationary
Permit Application (DMV Form 735-6044), completed by a licensed physician showing
to the satisfaction of DMV that the applicant has no medical condition or impairment
that makes it unsafe for the applicant to operate a motor vehicle.
(7) An applicant for a probationary
permit must submit verification of the successful completion of a driver improvement
course approved by DMV. Names of approved courses can be obtained by contacting
DMV.
(8) An applicant must provide
the following information, depending upon the driving privileges sought:
(a) An applicant who is required
to drive for employment purposes must provide the routes, counties, days and times
the applicant is required to drive. In addition, this information must be supported
by any of the following that apply:
(A) The applicant must submit
a letter from the applicant’s employer in order to verify the hours of work
and the need for on the job driving;
(B) The applicant must submit
proof of self-employment. Acceptable proof includes a copy of a business license,
business tax statement, newspaper advertisement or business receipts; and
(C) The applicant must provide
the days, hours and counties for seeking employment.
(b) An applicant who needs
to drive to attend an alcohol or drug treatment or rehabilitation program must provide
the name and address of the program, routes, days and times the applicant is required
to drive to and from the program;
(c) An applicant for a hardship
permit who needs to drive to receive medical treatment on a regular basis for himself
or herself or a member of the person’s immediate family, must provide the
name and address of the medical treatment facility, routes, days and times the applicant
is required to drive to receive medical treatment on a regular basis for the person
or a member of the person’s immediate family. The applicant must submit a
signed statement from the physician or certified nurse practitioner treating the
person or the person’s immediate family member, advising of the need for medical
treatment on a regular basis. The statement must include how often the treatment
is required and hours of the day and days of the week treatment is available. Actual
appointment times are subject to verification by DMV and law enforcement;
(d) An applicant for a hardship
permit, whose driving privileges are suspended for violation of ORS 165.805, 471.430,
or 806.010, is eligible to request driving privileges for family necessities. The
applicant must provide the name and address of the person to whom or facility to
which the applicant is driving for the family necessity, routes, days and times
the applicant is required to drive for family necessities, as defined in OAR 735-064-0005.
(9) Applicants may submit
documents to DMV as they meet requirements. DMV, however, will not issue the hardship
or probationary permit until all required documents are received and processed by
DMV, Driver Suspensions Unit.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
807.240, 807.270
Stats. Implemented: ORS 807.240,
807.250, 807.270, 807.370, 813.500, 813.510, Ballot Measure 91 (2014), Sec. 49
Hist.: MV 7-1984, f. 6-29-84,
ef. 7-1-84; MV 17-1986, f. & ef. 10-1-86; MV 12-1987(Temp), f. 9-16-87, ef.
9-27-87; MV 31-1987, f. & ef. 10-5-87; Administrative Renumbering 3-1988, Renumbered
from 735-031-0095; MV 29-1989, f. & cert. ef. 10-3-89; DMV 12-1996, f. &
cert. ef. 12-20-96; DMV 14-2005, f. & cert. ef. 5-19-05; DMV 2-2006, f. &
cert. ef. 2-15-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 12-2009, f. &
cert. ef. 6-25-09; DMV 5-2015, f. 6-19-15, cert. ef. 7-8-15
735-064-0060
Standards for Issuance of Hardship or Probationary Permits
(1) All hardship
or probationary permits shall be restricted to minimally meet the applicant’s
needs. Upon request, the permit holder shall be required to submit verification
to DMV and/or law enforcement.
(2) DMV may
issue hardship and probationary permits only for the following purposes:
(a) Occupational
and employment purposes;
(b) Occupational
training or education that is required by the applicant’s employer;
(c) Transportation
to and from an alcohol or drug treatment or rehabilitation program;
(d) To look
for work; and
(e) To obtain
medical treatment on a regular basis for the person or a member of the person’s
immediate family.
(3) Hardship
permits may also be issued for family necessities, as defined in OAR 735-064-0005,
if the person’s driving privileges are suspended only for violation of ORS
165.805, 471.430 or 806.010.
(4) A hardship
or probationary permit will not be issued for more than 12 hours of driving on any
one day, except for transportation to and from an alcohol or drug treatment or rehabilitation
program.
(5) A hardship
or probationary permit issued to look for work will be restricted to 12 hours per
day, seven days per week. It will not be issued for a period of more than 120 days
at a time.
(6) DMV may
deny a hardship or probationary permit to an applicant who has public or private
transportation available which is sufficient to serve the applicant’s transportation
needs as established in sections (2) and (3) of this rule.
(7) DMV will
determine whether public or private transportation is sufficient to serve the applicant’s
need based upon the following criteria:
(a) Convenience
in terms of hours and distance;
(b) Requirements
of occupation or employment;
(c) Physical
limitations of applicant; and
(d) Personal
safety of applicant.
(8) If the
applicant is suspended for two or more reasons, the applicant must satisfy the requirements
for each type of suspension.
(9) If the
applicant is revoked as a habitual traffic offender and the applicant’s driving
privileges are also suspended, the applicant must satisfy all hardship permit requirements
for each suspension in addition to the probationary permit requirements.
(10) If the
applicant is suspended under ORS 809.260 for court denial of juvenile driving privileges
the applicant may apply either for privileges granted under a hardship permit as
described in this rule or an emergency permit as described in OAR 735-064-0230,
but not both.
(11) Notwithstanding
section (2) of this rule, DMV will not issue a hardship or probationary permit that
authorizes a person to drive a commercial motor vehicle.
Stat. Auth.: ORS
184.616, 184.619, 807.240, 807.252 & 807.270
Stats. Implemented:
ORS 25.780, 807.062, 807.240, 807.250, 807.270, 809.265, 809.380, 809.390, 809.409-423,
813.500 & 813.602
Hist.: MV
7-1984, f. 6-29-84, ef. 7-1-84; MV 17-1986, f. & ef. 10-1-86; MV 12-1987(Temp),
f. 9-16-87, ef. 9-27-87; MV 31-1987, f. & ef. 10-5-87; Administrative Renumbering
3-1988, Renumbered from 735-031-0105; MV 17-1991, f. 9-18-91, cert. ef. 9-29-91;
DMV 12-1996, f. & cert. ef. 12-20-96; DMV 25-2003, f. 12-15-03 cert. ef. 1-1-04;
DMV 2-2013, f. & cert. ef. 3-22-13
735-064-0070
Ignition Interlock Device (IID)
Requirement for Issuance of Hardship, Probationary or Hardship/Probationary Permits
(1) When a person whose driving privileges
are suspended or revoked applies for a hardship, probationary or hardship/probationary
permit, DMV will require the applicant to install an ignition interlock device (IID)
in any vehicle operated by the applicant if the applicant’s driving record
shows any of the following:
(a) The applicant’s
driving privileges are currently suspended based on a conviction for DUII in an
Oregon court;
(b) The applicant is currently
participating in a DUII Diversion Agreement and the court ordered an IID as a condition
of the agreement; or
(c) The applicant’s
driving privileges are revoked as a habitual offender and the applicant is also
required to install an IID:
(A) As a condition of a DUII
Diversion Agreement;
(B) During the suspension
period for a conviction for DUII entered in an Oregon court; or
(C) Following the end of
a suspension or revocation of driving privileges for DUII or any crime described
in ORS 813.602(1) or (2).
(2) As a condition of a hardship,
probationary or hardship/probationary permit, the IID must be installed, maintained
and used in any vehicle the person operates for the duration of the person’s
IID requirement. The IID requirement may exceed the period the person’s hardship,
probationary or hardship/probationary permit is valid.
(3) When installation of
an IID is required, DMV will not issue a hardship, probationary or hardship/probationary
permit to the person until a provider submits an installation report form showing
an approved device has been installed in each vehicle the person intends to operate
during the permit period. The provider who installed the device(s) must sign the
installation report form.
(4) Notwithstanding section
(1) of this rule, DMV may issue a hardship, probationary or a hardship/probationary
permit to a person who has not installed an IID if the person will only operate
a vehicle(s) owned or leased by his or her employer during the course and scope
of the person’s employment. For purposes of ORS 813.606, DMV will place a
notation on the driving record and on the hardship, probationary or hardship/probationary
permit issued to the person that the person's employer has been informed of the
IID requirement. To qualify, DMV must receive:
(a) A letter on business
letterhead, signed by the employer, stating that the employer has been informed
of the IID requirement and that the person is required to operate the employer's
vehicle(s) in the course and scope of employment; or
(b) An Employer IID Exemption,
(DMV form 735-6874) submitted by the employer.
(5) For purposes of ORS 813.606,
a person who is self-employed is not an employee and DMV will not place an employer
IID notification notation on the person's driving record.
(6) Notwithstanding section
(1) of this rule, DMV may issue a hardship, probationary or hardship/probationary
permit to a person who has not installed an IID if the person has been issued a
medical exemption under OAR 735-070-0082.
(7) The hardship, probationary
or hardship/probationary permit will contain a restriction that the person may only
operate vehicles equipped with an IID. If the person operates a vehicle owned or
leased by the person's employer in the course and scope of employment or has been
issued a medical exemption, the hardship, probationary or hardship/probationary
permit driving restrictions will state that the person must have in his or her possession
a copy of the employer's IID exemption letter, a completed DMV Employer IID Exemption
Form, an IID medical exemption letter issued by DMV, or an IID medical exemption
approval issued by a court.
(8) The IID restriction in
a hardship, probationary, or hardship/probationary permit will specify the length
of time allowed for the person to travel to and from an IID provider’s facility
to have the IID checked or maintained.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
807.240, 807.270 & 813.602
Stats. Implemented: ORS 807.240,
807.270 & 813.602
Hist.: MV 40-1987, f. 12-11-87,
ef. 1-1-88; Administrative Renumbering 3-1988, Renumbered from 735-031-0107; MV
18-1989(Temp), f. 8-31-89, cert. ef. 9-5-89; MV 2-1990, f. & cert. ef. 2-1-90;
MV 4-1991, f. 6-18-91, cert. ef. 7-1-91; DMV 5-1994, f. & cert. ef. 7-21-94;
DMV 12-1996, f. & cert. ef. 12-20-96; DMV 15-2001, f. & cert. ef. 9-21-01;
DMV 12-2007, f. 11-30-07, cert. ef. 1-1-08; DMV 21-2013, f. 12-20-13, cert. ef.
1-1-14
735-064-0080
How the Hardship or Probationary Permit Is Issued
(1) DMV will mail a hardship or probationary permit to the address the applicant submitted on his or her Hardship/Probationary Permit Application when all of the documents are received by the Driver Suspensions Unit and a hardship or probationary permit is approved. The applicant then must take the hardship or probationary permit to any DMV field office to have a restricted driver license issued.
(2) The hardship or probationary permit will contain restrictions and is part of the driver license. The person will carry the hardship or probationary permit in addition to a valid driver license at all times while driving.
(3) A hardship or probationary permit is valid for the length of the suspension or revocation period unless it is suspended or revoked pursuant to OAR 735-064-0110.
Stat. Auth.: ORS 184.616, 807.240 & 807.270
Stats. Implemented: ORS 807.240 & 807.270
Hist.: MV 7-1984, f. 6-29-84, ef. 7-1-84; MV 17-1986, f. & ef. 10-1-86; MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87; MV 31-1987, f. & ef. 10-5-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0110; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 4-2002, f. & cert. ef. 3-14-02
735-064-0090
How to Change the Hardship or Probationary Permit Driving Restrictions
(1) When the person needs to change the driving restrictions on a hardship or probationary permit, the person must submit a Hardship/Probationary Application or a letter with new information to the Driver Suspensions Unit, DMV, 1905 Lana Avenue N.E., Salem, Oregon 97314.
(2) The person must submit verification of employment as required by OAR 735-064-0040(7)(a)(A), if the change requested is employment related.
(3) The person who is suspended for two or more DUII convictions where the commission of the later offense and the conviction for a separate offense occurred within a five-year period must submit a recommendation for the change from a program approved by AMH.
(4) The person who is eligible to drive to and from medical treatment as described in OAR 735-064-0040(7)(c), must submit a signed statement from the physician as required in OAR 735-064-0040(7)(c).
(5) After the requirements of sections (1), (2), (3) and (4) of this rule have been met, DMV will mail the applicant a hardship or probationary permit with new driving restrictions. The person must carry the hardship or probationary permit in addition to a valid driver license at all times while driving.
Stat. Auth.: ORS 184.616, 802.010, 807.240 & 807.270
Stats. Implemented: ORS 807.240, 807.270 & 813.500
Hist.: MV 7-1984, f. 6-29-84, ef. 7-1-84; MV 17-1986, f. & ef. 10-1-86; MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87; MV 31-1987, f. & ef. 10-5-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0115; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 2-2006, f. & cert. ef. 2-15-06
735-064-0100
Hardship or Probationary Permit Restrictions
(1) A person issued a hardship or probationary
permit must not do any of the following:
(a) The person must not drive
outside the hardship or probationary permit driving restrictions;
(b) The person must not be
convicted of or forfeit bail for more than one traffic offense listed in ORS 809.600(2)(b)
(including city traffic offenses and similar offenses under federal or state law)
within any 12-month period. See OAR 735-064-0220 for a list of offenses and statutory
references;
(c) The person must not be
convicted of or forfeit bail for an offense as specified in ORS 809.600(1)(a) through
(g). These offenses are: murder, manslaughter, criminally negligent homicide, assault,
recklessly endangering another person, menacing, or criminal mischief resulting
from the operation of a motor vehicle; reckless driving, driving while under the
influence of intoxicants, failure to perform the duties of a driver involved in
an accident or collision, criminal driving while suspended or revoked, fleeing or
attempting to elude a police officer, aggravated vehicular homicide or aggravated
driving while suspended or revoked;
(d) The person must not use
intoxicants and drive;
(e) The person must not refuse
to submit to a chemical breath test, blood test or urine test;
(f) The person must not be
convicted of or forfeit bail for an offense under ORS 811.170 or Ballot Measure
91 (2014), Section 73; or
(g) The person must not falsify
any information appearing on the Hardship/Probationary Application.
(2) The person required to
have an IID must not violate the following conditions:
(a) Drive any vehicle which
does not have an IID installed unless exempted by statute and administrative rule;
(b) Drive an employer’s
owned or leased vehicle without an IID unless the person is carrying a copy of an
employer’s exemption letter, Employer IID Exemption form or medical exemption
letter in his or her possession;
(c) Tamper with the IID;
or
(d) Solicit another person
to blow into the IID.
(3) Evidence that a restriction
or condition has been violated includes, but is not limited to the following:
(a) Police reports;
(b) Accident reports;
(c) Written reports from
family members or the general public;
(d) A written report which
indicates the person has driven outside the hardship or probationary permit restrictions;
(e) A written report which
indicates the person has been driving after using intoxicants;
(f) A written report from
a police officer that indicates the person has refused the chemical breath test,
blood test or urine test following an arrest for driving under the influence of
intoxicants;
(g) A report from a police
officer;
(h) A court conviction; and
(i) A written report from
an IID provider that the person has tampered with the IID installed in his or her
vehicle.
Stat. Auth.: ORS 184.616,
184.619, 802.010, 807.270 & 813.510
Stats. Implemented: ORS 807.240, 807.270,
813.100, 813.510, 813.602, 813.608, 813.610, 813.612, & 813.614
Hist.: MV 7-1984, f. 6-29-84,
ef. 7-1-84; MV 17-1986, f. & ef. 10-1-86; MV 12-1987(Temp), f. 9-16-87, ef.
9-27-87; MV 31-1987, f. & ef. 10-5-87; Administrative Renumbering 3-1988, Renumbered
from 735-031-0120; MV 30-1989, f. & cert. ef. 10-3-89; DMV 4-1994, f. &
cert. ef. 7-21-94; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 2-2006, f. &
cert. ef. 2-15-06; DMV 3-2008, f. & cert. ef. 1-25-08; DMV 27-2009, f. 12-22-09,
cert. ef. 1-1-10; DMV 2-2013, f. & cert. ef. 3-22-13; DMV 5-2015, f. 6-19-15,
cert. ef. 7-8-15
735-064-0110
Consequences
of Violations of Restrictions, Conditions, Limitations or Requirements of a Hardship
or Probationary Permit
(1) DMV will suspend
a person’s hardship or probationary permit when a person fails to maintain
any of the requirements listed in this section. The suspension will remain in effect
until the person complies with the requirement or until the requirement is no longer
a condition of the hardship or probationary permit, as follows:
(a) Failure
to maintain a future responsibility filing required by ORS 807.240(3)(e);
(b) Failure
to maintain installation of an ignition interlock device as required by ORS 813.602(a);
(c) Failure
to maintain a recommendation from a program approved by AMH as required by ORS 813.500;
or
(d) Failure
to maintain a recommendation from the judge that convicted the person as required
by ORS 807.250.
(2) DMV will
revoke a person’s hardship or probationary permit when a person commits a
violation of any of the restrictions or conditions of a hardship or probationary
permit as listed in OAR 735-064-0100.
(3) DMV will
revoke the hardship permit for 30 days, during which period the person is not eligible
for another hardship permit.
(4) DMV will
revoke the probationary permit for one year, during which period the person is not
eligible for another probationary permit and is not eligible to reinstate driving
privileges.
(5) A person
whose hardship or probationary permit is revoked based on a notice from a court
as specified in ORS 809.140, is entitled to an administrative review under 809.440(2).
The revocation will remain in effect pending the outcome of the administrative review.
(6) A person
whose hardship or probationary permit is revoked based on information other than
that described in ORS 809.140, is entitled to a contested case hearing under 183.310
to 183.550. The revocation will not go into effect pending the outcome of the hearing.
(7) A person
whose hardship or probationary permit is suspended due to failure to maintain a
requirement of the permit is entitled to an administrative review under OAR 735-001-0050.
The suspension will remain in effect pending the outcome of the administrative
review.
Stat. Auth.: ORS
184.616, 184.619, 802.010, 807.270 & 813.510
Stats. Implemented:
ORS 807.240, 807.270, 813.500 & 813.510
Hist.: MV
7-1984, f. 6-29-84, ef. 7-1-84; MV 17-1986, f. & ef. 10-1-86; MV 12-1987(Temp),
f. 9-16-87, ef. 9-27-87; MV 31-1987, f. & ef. 10-5-87; Administrative Renumbering
3-1988, Renumbered from 735-031-0125; MV 4-1991, f. 6-18-91, cert. ef. 7-1-91; MV
17-1991, f. 9-18-91, cert. ef. 9-29-91; DMV 5-1995, f. & cert. ef. 3-9-95; DMV
12-1996, f. & cert. ef. 12-20-96; DMV 4-2002, f. & cert. ef. 3-14-02; DMV
2-2006, f. & cert. ef. 2-15-06; DMV 28-2008, f. & cert. ef. 12-15-08; DMV
2-2013, f. & cert. ef. 3-22-13
735-064-0220
Traffic Offenses Used in Habitual Offender, Driver Improvement, CMV Serious Violations and Hardship/Probationary Driver Permit Programs
(1) A conviction for an offense listed
in this rule counts toward:
(a) The Habitual Offender
Program pursuant to ORS 809.600(2);
(b) The Provisional and Adult
Driver Improvement Programs outlined in Oregon Administrative Rule chapter 735,
division 72;
(c) Motor vehicle traffic
control violations connected to a fatal accident as defined in OAR 735-063-0130
that can lead to a suspension of commercial motor vehicle driving privileges.
(d) Revocation of a probationary
driver permit pursuant to ORS 807.270(7); and
(e) Revocation of a hardship
permit pursuant to OAR 735-064-0100 and 735-064-0110.
(2) This section lists the
offenses and the statutory citations for Oregon offenses used in the programs identified
in section (1) of this rule:
(3) Offenses from other states
may be 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 reference covering an equivalent offense(s) for Oregon:
[Table not included. See ED. NOTE.]
[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 184.616,
184.619, 802.010, 809.480 & 809.605
Stats. Implemented: ORS 807.240,
807.270, 809.480, 809.600(2) & 809.605
Hist.: MV 17-1986, f. &
ef. 10-1-86; MV 33-1987, f. & ef. 11-2-87; Administrative Renumbering 3-1988,
Renumbered from 735-031-0180; MV 32-1989, f. & cert. ef. 10-3-89; MV 7-1990,
f. & cert. ef. 5-16-90; MV 18-1991, f. 9-18-91, cert. ef. 9-29-91; MV 26-1991,
f. & cert. ef. 11-18-91; DMV 8-1995, f. & cert. ef. 6-19-95; DMV 5-1997,
f. & cert. ef. 2-20-97; DMV 8-1998, f. & cert. ef. 6-19-98; DMV 27-2001(Temp),
f. 12-14-01, cert. ef. 1-1-02 thru 6-29-02; DMV 11-2002, f. 6-24-02, cert. ef. 6-30-02;
DMV 33-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04; DMV 4-2004, f. &
cert. ef. 2-23-04; DMV 21-2005(Temp), f. 9-19-05, cert. ef. 10-1-05 thru 3-29-06;
DMV 28-2005, f. & cert. ef. 12-14-05; 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 5-2015, f. 6-19-15, cert. ef. 7-8-15
735-064-0230
Emergency Driver Permit
(1) An emergency driver permit authorizes operation of only those vehicles that the holder of a Class C driver license may operate, and does not include operation of any vehicle for which a commercial driver license is required or operation of a motorcycle.
(2) DMV may issue an emergency driver permit to a person between 14 and 18 years of age for an emergency situation only, and not for convenience. An emergency situation includes, but is not limited to, the need for a person to drive to and from:
(a) Medical appointments and treatment for the person or a member of the person's immediate family when no other means of transportation is available;
(b) Work or on the job when no other transportation is available and the person's employment is essential to the welfare of the person's family;
(c) Work or on the job when the person's employment is necessary to help harvest crops that may go unharvested or be lost if the person is unable to drive; and
(d) Grocery stores when no other means of transportation is available.
(3) DMV may issue an emergency driver permit to a person for an emergency situation when a court has issued an order of denial of the person's driving privileges under ORS 809.260. For purposes of this subsection, an emergency situation includes, but is not limited to:
(a) Those emergencies situations listed in Section (2) of this rule; and
(b) The need to drive to and from school when no other means of transportation is available.
(4) Except as provided in section (5) of this rule, an applicant for an emergency driver permit must:
(a) Submit a completed Student/Emergency Permit Application, Form 735-0009 or Court Denial Emergency Driver Permit Application, Form 735-0009a, signed by the applicant, and the applicant's parent or legal guardian, if the applicant is under 18 years of age and is not an emancipated minor, and the sheriff of the county in which the applicant resides;
(b) Provide proof satisfactory to DMV detailing the need for an emergency driver permit signed by the applicant, and the applicant's parent or legal guardian, if the applicant is under 18 years of age and is not an emancipated minor, including, but not limited to:
(A) The circumstances of the emergency;
(B) The expected end date of the emergency;
(C) A complete description of the days, times and routes to be traveled;
(D) The name and address of the medical facilities, routes, days and times the applicant is required to drive to appointments or treatment on a regular basis, if the applicant needs to drive to medical appointments or to receive medical treatment on a regular basis for himself or herself or a member of the applicant's immediate family. The applicant also must submit a signed statement from the physician, physician assistant or certified nurse practitioner treating the applicant or the applicant's immediate family member, advising of the need for medical appointments or treatment on a regular basis. The statement must include how often appointments or treatments are required and the hours of the day and days of the week appointments or treatments are available. Actual appointment and treatment times are subject to verification by DMV and law enforcement;
(E) A signed letter from the applicant's employer on company letterhead stating the days and hours the applicant works if the applicant is applying to drive for employment purposes; and
(F) The signature of a school administrator on the application certifying that there is no other school or public transportation available and that the applicant attends school on the days and hours stated on the application, if the applicant is applying to travel to and from school.
(c) Pay all applicable fees;
(d) Pay the reinstatement fee as established under ORS 807.370 if the applicant's driving privileges are suspended by court denial;
(e) Fulfill all applicable requirements of ORS Chapter 807 and OAR 735, division 62 for issuance of a class C driver license; and
(f) Have an instruction driver permit, if the applicant is over 15 years of age, or if under 15 years of age, obtain an instruction driver permit within 60 days after the applicant's 15th birthday. This subsection does not apply to an applicant who is only eligible for an emergency permit because his or her driving privileges are suspended by a court ordered denial of driving privileges under ORS 809.260.
(5) To be eligible for an emergency driver permit, an applicant does not need to:
(a) Possess an instruction driver permit for at least six months prior to applying for an emergency driver permit;
(b) Have at least 50 hours of driving experience with a licensed driver over the age of 21; or
(c) Complete a traffic safety education course.
(6) In addition to any other driving restrictions that may be imposed by DMV, the holder of an emergency driver permit, who is under 18 years of age, may not drive a motor vehicle carrying any passenger under 20 years of age who is not a member of the permit holder's immediate family.
(7) Except as provided in section (9) of this rule, an emergency driver permit issued prior to the applicant's 16th birthday will expire on the following date, whichever occurs first:
(a) At the end of the emergency; or
(b) Six months and 60 days after the emergency driver permit holder's 16th birthday.
(8) Except as provided in section (9) of this rule an emergency driver permit issued on or after the applicant's 16th birthday and prior to the applicant's 18th birthday will expire on the following date, whichever occurs first:
(a) At the end of the emergency;
(b) Six months and 60 days after issuance of the emergency driver permit; or
(c) One week after the emergency driver permit holder's 18th birthday.
(9) Section (7) and (8) of this rule are not applicable to an emergency driver permit issued because a court ordered denial of driving privileges, under ORS 809.260, which expires on the following date, whichever comes first:
(a) At the end of the emergency; or
(b) At the end of the suspension period.
(10) After the end of the suspension period for a court order denial of driving privileges under ORS 809.260, a person issued an emergency driver permit may be eligible to apply for a driver license or driver permit, including an emergency permit or special student driver permit.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.120, 807.220
Stats. Implemented: ORS 807.220
Hist.: MV 14-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0006; MV 6-1990, f. & cert. ef. 4-2-90; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 1-2001, f. & cert. ef. 1-17-01; DMV 19-2006, f. & cert. ef. 12-13-06; DMV 4-2008, f. & cert. ef. 1-25-08
735-064-0235
Special Student Driver Permit
(1) A special student driver permit authorizes operation of only those vehicles that the holder of a Class C driver license may operate, and does not include operation of any vehicle for which a commercial driver license is required or operation of a motorcycle.
(2) A special student driver permit authorizes a person to only drive between the person's home and the closest alternate means of transportation, or if alternate transportation does not exist, between home and the school, college or other educational institution in which the person is enrolled and is attending for an educational purpose. An educational purpose includes participation in extra curricular activities as long as the student drives only to his or her school, college or educational institution for which the permit is issued.
(3) Except as provided in section (4) of this rule, an applicant for a special student driver permit must:
(a) Submit a completed Student Driver's Permit Application, Form 735-0009, signed by the applicant's parent or legal guardian and endorsed by the sheriff of the county in which the applicant resides and the principal of the school or educational institution, or registrar of the college, in which the applicant is enrolled;
(b) Pay all applicable fees;
(c) Have an instruction driver permit, if the applicant is over 15 years of age, or if under 15 years of age, obtain an instruction driver permit within 60 days after the applicant's 15th birthday;
(d) Fulfill all applicable requirements of ORS Chapter 807 and OAR 735, Division 62 for issuance of a class C driver license; and
(e) Provide proof satisfactory to DMV that the applicant has no other means of transportation available including but not limited to:
(A) A map(s) showing the route between the applicant's home and alternate transportation or home and the school, college or educational institution in which the applicant is enrolled and public transportation routes; and
(B) The hours for which the applicant needs the special student permit and a copy of public transportation schedules.
(4) To be eligible for a special student driver permit, an applicant does not need to:
(a) Possess an instruction driver permit for at least six months prior to applying for a special student driver permit;
(b) Have at least 50 hours of driving experience with a licensed driver over the age of 21 years of age; or
(c) Complete a traffic safety education course.
(5) In addition to any other driving restrictions that may be imposed by DMV:
(a) The holder of a special student driver permit may not drive a motor vehicle carrying any passenger under 20 years of age who is not a member of the special student permit holder's immediate family; and
(b) The holder of a special student driver permit may not drive between 12 midnight and 5 a.m.
(6) A special student driver permit issued prior to the applicant's 16th birthday will expire on the following date, whichever occurs first:
(a) When the applicant has other means of transportation to and from school, college or other educational institutions; or
(b) Six months and 60 days after the applicant's 16th birthday.
(7) A special student driver permit issued on or after the applicant's 16th birthday and prior to the applicant's 18th birthday will expire on the following date, whichever occurs first:
(a) When the applicant has other means of transportation to and from school, college or other educational institution;
(b) Six months and 60 days after issuance; or
(c) One week after the applicant's 18th birthday.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.120, 807.230
Stats. Implemented: ORS 807.230
Hist.: DMV 12-1996, f. & cert. ef. 12-20-96; DMV 1-2001, f. & cert. ef. 1-17-01; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 19-2006, f. & cert. ef. 12-13-06
735-064-0237
Cancellation of an Emergency Driver Permit or Special Student Driver Permit
(1) A person issued an emergency driver permit or special student driver permit shall not drive outside the permit driving restrictions. DMV will cancel an emergency driver permit or special student driver permit if DMV determines that the permit holder has driven outside the permit driving restrictions.
(2) In making a determination under section (1) of this rule, DMV may rely on information that indicates the person has driven outside the permit restrictions including, but not limited to the following:
(a) A police report which indicates the permit holder has driven outside of the permit driving restrictions;
(b) An accident report which indicates the permit holder has driven outside of the permit driving restrictions;
(c) A letter, on Sheriff's Department letterhead, signed by the sheriff of the county in which the permit holder resides, which indicates the permit holder has driven outside of the permit driving restrictions;
(d) A letter, on school letterhead, signed by the principal of the school the permit holder attends, which indicates the permit holder has driven outside of the permit driving restrictions;
(e) Any court conviction which indicates the permit holder has driven outside of the permit driving restrictions; or
(f) A written report from any individual which indicates the permit holder has driven outside of the permit driving restrictions. The report must be signed by the author and must identify the author in a manner which will allow DMV to contact him/her for further information, if necessary.
(3) DMV will reissue driving privileges to a person whose special student driver permit is cancelled as outlined in OAR 735-070-0010(12).
(4) DMV will reissue driving privileges to a person whose emergency driver permit is cancelled as outlined in OAR 735-070-0010(13).
(5) The person whose emergency driver permit or special student driver permit is canceled will be provided notice and opportunity for an administrative hearing under ORS 809.310(1) and OAR 735-070-0020(6).
Stat. Auth.: ORS 184.616, 184.619, 807.220 & 807.230
Stats. Implemented: ORS 807.220 & 807.230
Hist.: DMV 4-1998, f. & cert. ef. 4-15-98; DMV 19-2006, f. & cert. ef. 12-13-06
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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