Driver Improvement

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_700/oar_735/735_072.html
Published: 2015

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 72
DRIVER IMPROVEMENT

735-072-0000
Application of the Driver Improvement Program
(1) All drivers in this state are subject to the provisions of one of the Driver Improvement Programs established by this division.
(2) The provisional driver improvement program applies to drivers who have reached 14 years of age but who have not yet reached 18 years of age.
(3) The adult driver improvement program applies to drivers 18 years of age or older.
Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 809.480

Stats. Implemented: ORS 809.480

Hist.: MV 24-1985, f. 12-31-85, ef. 1-1-86; MV 23-1986, f. 12-31-86, ef. 1-1-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0300; DMV 10-1994, f. 9-30-94, cert. ef. 10-1-94; DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02
735-072-0010
Purpose of the Driver Improvement Program
This division establishes the Driver Improvement Programs as authorized by ORS 809.480. Both the Provisional and Adult Driver Improvement Programs have as their goal the reduction of traffic convictions and especially accidents.
Stat. Auth.: ORS 184.616, ORS 184.619 & ORS 809.480

Stats. Implemented: OR 809.480

Hist.: MV 24-1985, f. 12-31-85, ef. 1-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0305; DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02
735-072-0020
Driver Improvement Program Definitions
The following definitions
apply to rules for both Driver Improvement Programs:
(1) “Adult
Driver” is a driver 18 years of age or older.
(2) “Combination”
means one or more driver improvement violations and one or more preventable accidents.
For purposes of these rules, a driver improvement violation and a preventable accident
arising from a single incident is not a combination.
(3) “Conviction”
means a determination of guilt by a court of law upon a plea, verdict, finding,
or unvacated bail forfeiture. For purposes of section (6) of this rule if a person
is convicted of more than one offense arising from a single traffic stop or preventable
accident, the convictions for separate offenses constitute one conviction and are
a driver improvement violation if at least one of the convictions is for an offense
listed in OAR 735-064-0220.
(4) “DMV”
means the Driver and Motor Vehicle Services Division of the Department of Transportation.
(5) “Driver
Improvement Violation” means:
(a) One conviction
for an offense listed in OAR 735-064-0220; or
(b) Five
convictions for an offense listed in OAR 735-072-0035.
(6) “License”
has the meaning specified in ORS 801.245.
(7) “Preventable
Accident” is a traffic accident reported by a police officer that indicates
a driver failed to do everything a driver reasonably could have done to prevent
the accident. Factors used to determine preventability include but are not limited
to:
(a) Violations
of the law even if a citation is not issued;
(b) Failure
to use defensive driving techniques;
(c) Road
conditions existing at the time of the accident; or
(d) Speed
of the driver’s vehicle.
(8) “Provisional
Driver” means a driver who has reached 14 years of age but has not yet reached
18 years of age.
(9) “Record
Review Date” means:
(a) The date
DMV records a driver improvement violation or preventable accident to a person’s
driving record; or
(b) The date
DMV grants driving privileges or fully reinstates the driving privileges following
a suspension or revocation.
Stat. Auth.: ORS
184.616, 184.619, 802.010 & 809.480

Stats. Implemented:
ORS 809.480

Hist.: MV
24-1985, f. 12-31-85, ef. 1-1-86; MV 23-1986, f. 12-31-86, ef. 1-1-87; Administrative
Renumbering 3-1988, Renumbered from 735-031-0310; DMV 10-1994, f. 9-30-94, cert.
ef. 10-1-94; DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002,
f. 6-24-02, cert. ef. 6-30-02; DMV 2-2011, f. & cert. ef. 3-2-11; DMV 3-2013,
f. 4-22-13, cert. ef. 5-1-13
735-072-0023
Provisional Driver Improvement Program
(1) Drivers who
have reached 14 years of age but who have not yet reached 18 years of age are subject
to the Provisional Driver Improvement Program. The Provisional Driver Improvement
Program is designed to have a quick and immediate impact on young drivers who are
convicted of traffic offenses or involved in preventable accidents. This rule applies
to driver improvement violations and preventable accidents that occur when the driver
is 14, 15, 16 or 17 years of age, and whose record review date occurs before the
person has reached 18 years of age.
(2) On the
record review date, DMV will review the person’s driving record and restrict
the driving privileges of any provisional driver who has:
(a) Two driver
improvement violations; or
(b) Two preventable
accidents; or
(c) A combination
of one driver improvement violation and one preventable accident.
(3) The following
apply to provisional restrictions:
(a) DMV will
restrict the license or instruction permit of a provisional driver to drive only
to and from or for employment, with no passengers except their parent, stepparent
or guardian;
(b) DMV will
impose the restriction for a period of 90 days or until the driver becomes 18 years
of age. DMV will notify the provisional driver by letter that the restriction will
begin five days from the date of the letter. During the 90-day restriction period,
the provisional driver must carry the restriction letter at all times while the
person is driving a motor vehicle;
(c) A person
who violates the Provisional Driver Improvement Program restriction, can be cited
under ORS 807.010, operating in violation of license restrictions, which is a Class
B traffic violation; and
(d) DMV will
delay imposition of a restriction to driving privileges and place a pending restriction
code on the person’s driving record of any provisional driver:
(A) Whose
driving privileges are cancelled, suspended or revoked until DMV grants driving
privileges or fully reinstates driving privileges; or
(B) Who has
not been granted driving privileges until DMV grants driving privileges in the form
of a provisional driver license or instruction permit;
(C) Unless
that provisional driver gets another driver improvement violation or preventable
accident while under the age of 18. In that case, DMV will suspend the driving privileges
or right to apply for driving privileges as set forth in subsection (6) of this
rule. This suspension will supersede the pending restriction and the pending restriction
code will be removed from the person’s driving record.
(4) Upon
submission of a designated application form from the provisional driver, DMV may
re-evaluate the restriction imposed under section (3) of this rule and may amend
the restriction. On the form, the provisional driver must set forth the reason
why an amended restriction is needed. The provisional driver must also provide
proof he or she has completed an action approved by DMV that is designed to reduce
the likelihood of future traffic violations and accidents.
(5) DMV will
suspend for six months the driving privileges or right to apply for driving privileges
of any provisional driver who has:
(a) Three
driver improvement violations;
(b) Three
preventable accidents; or
(c) A combination
of driver improvement violations and preventable accidents that total three.
(6) For each
subsequent driver improvement violation or preventable accident, DMV will suspend
for six months the driving privileges or right to apply for driving privileges of
a provisional driver, regardless of a previous or current Driver Improvement Program
suspension(s), who has:
(a) Four
or more driver improvement violations;
(b) Four
or more preventable accidents; or
(c) A combination
of driver improvement violations and preventable accidents that total four or more.
(7) DMV will
suspend for one year the driving privileges or the right to apply for driving privileges
of a provisional driver convicted of any offense listed in ORS 809.600(1). This
suspension is for Provisional Driver Improvement Program purposes and is in addition
to any suspension or revocation imposed because of the specific conviction.
(8) The suspension
period for those suspensions imposed under sections (6), (7) and (8) of this rule
will be imposed for the full suspension period, regardless of whether the provisional
driver becomes 18 years of age during the suspension period. A suspension of driving
privileges or the right to apply for driving privileges under this rule shall run
concurrently with any other suspension, revocation, or cancellation in effect at
the time the suspension begins. This section is applicable to suspensions imposed
on or after June 30, 2002.
Stat. Auth.: ORS
184.616, 184.619 & 809.480

Stats. Implemented:
ORS 809.480

Hist.: DMV
29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02,
cert. ef. 6-30-02; DMV 7-2003(Temp), f. 5-14-03, cert. ef. 5-15-03 thru 11-10-03;
DMV 13-2003, f. & cert. ef. 9-22-03; DMV 19-2004, f. & cert. ef. 8-20-04;
DMV 3-2013, f. 4-22-13, cert. ef. 5-1-13
735-072-0027
Adult Driver Improvement Program
(1) A driver whose record review date is on or after the person has reached 18 years of age is subject to the Adult Driver Improvement Program. DMV will look back from the record review date to the incident date that resulted in a conviction or the date of a preventable accident to determine if a person is subject to the Adult Driver Improvement Program.
(2) DMV will restrict the license or instruction permit of an adult driver who within the 18-month period immediately prior to the record review date has:
(a) Three driver improvement violations;
(b) Three preventable accidents; or
(c) A combination of driver improvement violations and preventable accidents that total three.
(3) The following apply to adult restrictions:
(a) DMV will restrict the license or instruction permit of an adult driver to no driving between the hours of 12 midnight and 5 a.m., unless driving between home and work or driving for purposes of employment;
(b) DMV will impose the restriction for a period of 30 days. DMV will notify the adult driver by letter that the restriction will begin 30 days from the date of the letter. During the restriction period, the adult driver must carry the restriction letter at all times the person is driving a motor vehicle; and
(c) DMV will delay imposition of a restriction to driving privileges and place a pending restriction code on the person's driving record of any adult driver:
(A) Whose driving privileges are cancelled, suspended or revoked until DMV grants driving privileges or fully reinstates driving privileges; or
(B) Who has not been granted driving privileges until DMV grants driving privileges in the form of a driver license or instruction permit;
(C) Unless that adult driver gets another driver improvement violation or preventable accident that would total four driver improvement violations or preventable accidents in a 24-month period prior to the record review date. In that case, DMV will suspend the driving privileges or right to apply for driving privileges. This suspension will supercede the pending restriction and the pending restriction code will be removed from the person's driving record.
(d) DMV will not impose a pending restriction to the driving privileges of an adult driver if:
(A) Five years have elapsed from the date the pending restriction was imposed; and
(B) The adult driver has no record of a driver improvement violation or preventable accident occurring in the last 18 months prior to the granting of driving privileges or full reinstatement of driving privileges.
(4) DMV will suspend the driving privileges or right to apply for driving privileges of an adult driver who within the 24-month period immediately prior to the record review date has:
(a) Four driver improvement violations;
(b) Four preventable accidents; or
(c) A combination of driver improvement violations and preventable accidents that total four.
(5) For each subsequent driver improvement violation or preventable accident, DMV will suspend the driving privileges or right to apply for driving privileges of an adult driver, regardless of a previous or current Driver Improvement Program suspension(s), who within the 24-month period immediately prior to the record review date has:
(a) Four or more driver improvement violations;
(b) Four or more preventable accidents;
(c) A combination of driver improvement violations and preventable accidents that total four or more.
(6) The suspension period under sections (3), (4) and (5) of this rule will be for 30 days. The suspension will run concurrently with any other suspension, revocations, or cancellations in effect at the time the suspension begins.
Stat. Auth.: ORS 184.616, 184.619 & 809.480

Stats. Implemented: ORS 809.480

Hist.: DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02; DMV 19-2004, f. & cert. ef. 8-20-04
735-072-0035
Driver Improvement Offenses
735-072-0035
Driver Improvement Offenses
(1) The conviction for an offense listed
below counts toward both the Provisional and Adult Driver Improvement Programs.
It takes five convictions from the following list to equal one driver improvement
violation. All other convictions counting in the Driver Improvement Programs are
outlined in OAR 735-064-0220.
(2) Offenses from other states
are posted to driver records using an AAMVAnet Code Dictionary (ACD) code. This
section identifies the code that appears on the driver record, a description of
the offense and the ORS or administrative rule reference to the equivalent offense(s)
in Oregon. The offenses listed below also count towards both the Provisional and
Adult Driver Improvement Programs as described in section (1) of this rule.
[ED. NOTE: Lists referenced are not included in rule text. Click here for PDF copy of list(s).]
Stat. Auth.: ORS 184.616,
184.619, 802.010 & 809.480
Stats. Implemented: ORS 809.480
Hist.: DMV 29-2001(Temp),
f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02;
DMV 19-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 28-2009, f. 12-22-09, cert. ef.
1-1-10; DMV 18-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 23-2013, f. 12-20-13, cert.
ef. 1-1-14; DMV 5-2015, f. 6-19-15, cert. ef. 7-8-15
735-072-0050
Rights to a Hearing or Administrative Review
Hearing and administrative review procedures for suspensions under OAR 735-072-0023 and 735-072-0027 are as established by ORS 809.440(1), (2) and (5).
(1) A person whose suspension is based solely on conviction records received from a court is entitled to an administrative review.
(2) A person whose suspension is based, in any part, on a report of a preventable accident is entitled to a contested case hearing.
(3) It shall be a defense to a suspension under OAR 735-072-0023 and 735-072-0027 if the person can establish that all of the convictions on which the department’s suspension action is based occurred when the person had valid driving privileges issued by another jurisdiction.
Stat. Auth.: ORS 184.616, 184.619 & 809.480

Stats Implemented: ORS 809.480

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


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