PROPOSED DMV RULES
These proposed rule changes are open for public comment. Send any written comments to the ODOT Rules Coordinator.
Disabled Person Parking Permits
DMV is amending these rules to align with current law and DMV's new computer system, in addition to clarifying the language for the reader.
Rules proposed: 735-080-0011, 735-080-0020, 735-080-0040, 735-080-0046, 735-080-0060, 735-080-0070, 735-080-0080, 735-080-0100
Public hearing (virtual): December 18, 2024 from 10:00-12:30
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Last date for public comment: December 21, 2023
Anticipated date of OTC approval: January 24, 2024
RECENTLY CLOSED DMV RULES
These proposals are no longer open for public comment. The Oregon Transportation Commission will consider these proposed rule changes on the meeting date listed with each rule set.
There are no recently closed DMV rules at this time.
RECENTLY ADOPTED DMV RULES
These rule changes have been adopted approximately within the last six months.
Updating Rules to Use Term “Intoxicant” as Defined in Oregon Laws (2023), Chapter 498
DMV proposes to amend these rules to use the term “intoxicant,” as defined in HB 2316, instead of “alcohol, cannabis, psilocybin, controlled substance or inhalants.”
Rules amended: 735-001-0062, 735-018-0160, 735-018-0165, 735-062-0007, 735-062-0008, 735-064-0005, 735-074-0180, 735-076-0000, 735-076-0020
Filed and effective: November 14, 2023
Vehicle Dealer Certificate Issuance and Renewal
ORS 822.020 and 822.040 were amended in the 2023 legislative session. The law removed a section of ORS 822.040 concerning renewal of vehicle dealer certificate and placed it in ORS 822.020. DMV proposes to amend Oregon administrative rules to align with the change in statute.
Rules amended: 735-022-0065, 735-040-0140, 735-150-0010, 735-150-0015, 735-150-0027, 735-150-0031, 735-150-0039, 735-150-0042, 735-150-0105, 735-150-0110, 735-150-0120, 735-150-0130, 735-150-0160, 735-150-0170
Filed and effective: November 14, 2023
Vehicle Identification Number (VIN) Inspections, Custom and Special Interest Registration Plates
Recent amendments to Oregon law permit DMV to determine which special interest plates are available for issuance, remove information regarding the transfer of registration plates that are not from a current issue of plates as custom plates under the provisions of ORS 805.242, and made small changes to the authority for law enforcement and others to conduct VIN inspections.
Rules amended: 735-022-0070, 735-040-0000, 735-046-0000, 735-046-0010
Filed and effective: November 14, 2023
HB 2100 (2023) Plate Manufacturing Fee and Free ID Card Issued to Applicants Experiencing Homelessness
The Legislature amended ORS 803.570 and requires DMV round up the plate manufacturing fee to the next higher dollar, instead of the next half-dollar like it said previously. The law also amended ORS 807.410 to permit state agencies, as defined in ORS 174.112, that provide services to individuals experiencing homelessness to complete a Determination of Homelessness form, which may be used by the person experiencing homelessness to obtain a free identification (ID) card.
Rules amended: 735-032-0010, 735-062-0133
Filed and effective: November 14, 2023
Non-Commissioned Officers Association, Vietnam Veterans, and Gold Star Family Member Registration Plates
Oregon Laws 2023, Chapter 330 created the definition of “Gold Star Family member.” DMV is amending OAR 735-040-0040 and 735-040-0090 to bring the rules into alignment with the new definition. DMV also proposes to amend OAR 735-040-0090 to add the Non-Commissioned Officers Association and the Vietnam Veterans of America registration plates to the list of plates that are only available to veterans.
Rules amended: 735-040-0040, 735-040-0090
Filed and effective: November 14, 2023
Issuance of Limited Term CLP and CDL
DMV currently has a temporary rule in effect for OAR 735-063-0265 and 735-063-0268. This is a follow up permanent rulemaking. DMV needs to amend Oregon Administrative rule (OAR) 735-063-0265 to align with 49 CFR 383.71(f)(2)(i) for limited term non-Real ID Commercial Learner Driver Permit (CLP) and limited term non-Real ID Commercial Driver License (CDL). DMV needs to amend OAR 735-063-0268 to align with federal Real ID requirements and OAR 735-062-0022(6) for limited term Real ID CDL issuance.
Rules amended: 735-063-0265, 735-063-0268
Filed and effective: November 14, 2023
Emergency Driver Permit and Special Student Driver Permit Issuance
A recent law amendment changes the issuance requirements for an Emergency Driver Permit and a Special Student Driver Permit. Previously, the applicant was required to obtain the endorsement of the sheriff in the county in which the applicant resides. DMV proposes to amend these rules to align the language with statute and require the applicant obtain the approval from the sheriff in the county in which the applicant resides during the issuance process.
Rules amended: 735-064-0230, 735-064-0235
Filed and effective: November 14, 2023
Off-Road Vehicle Windshield and Windshield Wiper Requirements
Newly amended language in Oregon law says that an off-road vehicle, except a motorcycle, being operated on a highway and has a windshield at least six inches above the steering wheel must be equipped with a windshield wiper. The new language also says that the windshield of an off-road vehicle, except a motorcycle, being operated off the highway must be unobstructed. DMV needs to update the windshield wiper section of the rule to align with the updated statutory language.
Rule amended: 735-116-0000
Filed and effective: November 14, 2023
Recent legislation amended Oregon law to permit DMV, by rule, to provide for the issuance of commercial driver training school certificates and driver training instructor certificates. These proposed rules prescribe the form and manner of the application, the minimum qualifications for the driver training instructor certificate, grounds and procedures for the denial of a certificate, criteria for revocations, suspensions and cancelations, and other matters the department considers necessary for the protection of the public. DMV moved all requirements that were in statute into rule.
Rules amended: 735-160-0003, 735-160-0005, 735-160-0010, 735-160-0011, 735-160-0015, 735-160-0020, 735-160-0030, 735-160-0035, 735-160-0040, 735-160-0050, 735-160-0075, 735-160-0080, 735-160-0095, 735-160-0100, 735-160-0110, 735-160-0115, 735-160-0125, 735-160-0130, 735-160-0140
Filed and effective: November 14, 2023
Voluntary Odometer Disclosure
DMV is aligning its rules with Oregon statute and federal requirements by no longer accepting voluntary odometer readings (unverified data) from customers and collecting odometer disclosures (verified data) until a vehicle is 20 years old rather than 10 years old.
Rules amended: 735-028-0000, 735-028-0005
Filed and effective: November 14, 2023
Motorcycle Skills Test Waiver
DMV is amending its rule to permit applicants from countries that have a reciprocal agreement with DMV (Germany, South Korea, Taiwan, and Japan) to obtain motorcycle endorsements without taking a motorcycle knowledge or skills test.
Rule amended: 735-062-0080
Filed and effective: November 14, 2023
Adding Restrictions and Continued Qualifications for Driving Privileges
DMV is amending its rules to clarify that DMV may require a person to complete a drive test when DMV observes a physical or mental condition or impairment not previously known to DMV that may negatively impact the person’s ability to safely operate a motor vehicle in order for DMV to determine if a restriction of the person’s driver license is required.
Rules amended: 735-062-0087, 735-062-0090, 735-062-0110
Filed and effective: November 14, 2023
Release or assignment of interest in a vehicle
This rulemaking clarifies that an applicant must submit an original document or a certified copy of the document when transferring an interest in an Oregon-titled vehicle and the person is releasing or assigning the interest. DMV recognizes that there may be instances where the person is unable to obtain the original or certified copy. In those instances, the proposed rule will permit DMV to accept a copy to transfer title and describe processes to protect any financial interest in the vehicle.
Rule amended: 735-020-0075
Filed and effective: September 19, 2023
CDL third-party examinter testing out-of-state employees
DMV proposes to amend OAR 735-063-0260 to permit employers that provide training in Oregon and are also CDL third party testing businesses to administer CDL skills tests to their employees when the employee has a non-commercial driver license and commercial learner driver permit (CLP) issued by another state.
Rule amended: 735-063-0260
Filed and effective: September 19, 2023
Hardship permit for necessary services
DMV proposes amending OAR 735-064-0005 to change the definition of “necessary services.” The new definition of “necessary services” will include driving the applicant’s children to and from childcare. The rulemaking will also:
• Clarify that medical appointments described in 735-064-0040(5)(f) are beyond regular medical appointments already allowed in another section.
• Extend permissible times when driving is allowed for grocery shopping to include 5pm to 9pm.
• Remove restrictions regarding caring for an elderly family member.
Rules amended: 735-064-0005 and 735-064-0040
Filed and effective: September 19, 2023
Publication of the Vehicle Code Book
In an effort to reduce costs to the agency, DMV will no longer compile, publish or distribute the Vehicle Code Book. DMV repealed 735-012-0000, the rule that established the fee for the publication.
Rule repealed: 735-012-0000
Filed and effective: July 18, 2023
Recreational vehicle for use as temporary living quarters
DMV amended 735-022-0140 to add the definition of “temporary living quarters” and clarify that a vehicle is a recreational vehicle if the vehicle is designed for use as temporary living quarters, to be easily transported and set upon a daily basis and meets other vehicle parameters including cooking and sleeping facilities.
Rule amended: 735-022-0140
Filed and effective: July 18, 2023
Alignment of civil penalties with federally required minimum amounts for violation of out-of-service order
DMV amended 735-070-0170 to bring its civil penalty amounts into compliance with federal regulations. The federal government has increased the minimum amount for a first violation from $3471 to $3740; it increased the minimum amount for second and subsequent violations from $6943 to $7481.
Rule amended: 735-070-0170
Filed and effective: July 18, 2023
PUBLISHED DMV RULES can be found on the Secretary of State's website:
https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 735.