Skip to main content

Administrative Rules

ODOT Division Rulemaking

 

PROPOSED DMV RULES
These proposed rule changes are open for public comment. Send any written comments to the ODOT Rules Coordinator.

Documents Equivalent to Manufacturer's Certificate of Origin
This amendment will allow a vehicle rental business to submit a new type of ownership document in lieu of a Manufacturer's Certificate of Origin (MCO) when titling and registering a brand new vehicle for the first time through the Electronic Vehicle Registration (EVR) Program. Specific requirements that vehicle rental businesses must meet are established by rule. There is also specific content that will be required to be submitted to the EVR integrator for submission of the new type of ownership document to DMV.
Rule to be amended: 735-022-0060
Public hearing:
July 20, 2017 at 2:00 pm
DMV Headquarters
1905 Lana Avenue
Salem OR
Last date for public comment: July 21, 2017
Anticipated date of OTC approval: August 18, 2017

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.

Establishment of Full Legal Name
This amendment includes the special characters that can be used in establishing a full legal name within its system and that will appear on DMV documents such as driver licenses, driver permits, identification cards, vehicle titles and vehicle registrations. The rule will also clearly state that if a full legal name has been established, that name will appear on title and registration documents even if it varies slightly from how a person completes documents submitted to DMV.
Rule to be amended: 735-010-0130
Anticipated date of OTC approval: July 20, 2017

Vehicle Dealer Insurance
An applicant for a vehicle dealer certificate must submit a certificate of insurance to DMV upon initial application and at each subsequent certificate renewal. Dealer certificates are valid for three years. Vehicle dealer liability insurance policies typically expire in one year or less, but there is nothing in statute or DMV rule to require a dealer to maintain proof of valid insurance for the duration the dealer's certificate. Consequently, DMV is proposing to adopt OAR 735-150-0031 to require vehicle dealers to maintain proof of a current, valid insurance policy in their official business records for the duration of their dealer certificate.
Rule to be adopted: 735-150-0031
Rules to be amended: 735-150-0110, 735-150-0140
Anticipated date of OTC approval: July 20, 2017

RECENTLY ADOPTED DMV RULES
These rule changes have been adopted approximately within the last six months.

Physical Description, Including Sex, on Driver License, Driver Permit or Identification Card
ORS 807.110 states that a driver license will contain a brief description of the person for purposes of identification. In accordance with national standards, Oregon's description has contained an indicator of the person's sex, "M" for male or "F" for female. Within the past year, an Oregon circuit court issued an order stating that a particular individual's sex is non-binary. By policy, DMV has accepted court orders as proof of sex change to change the sex designation of a person on a driver license, driver permit, identification card and DMV record. However, DMV was unable to issue a card or capture in records an indicator that would signify non-binary as the computer system has no indicator for a third sex designation. DMV started this rulemaking in conjunction with updating systems so that an "X" in the field for sex will indicate that the sex is not specified. DMV has adopted OAR 735-062-0013 to explain what information is captured as a descriptor in DMV records, which of of those descriptors appear on the front of the card, how that information is provided to DMV, and the process to change such information.
Rule adopted: 735-062-0013
Date filed: June 15, 2017
Effective date: July 1, 2017

Technical Changes to DMV Vehicle Dealer and Vehicle Dismantler Rules
These rule amendments include certain technical changes to vehicle dealer and vehicle dismantler rules related to civil penalties and what will happen when a civil penalty is not paid, issuance and renewal of dealer certificates, and updates the type of identification DMV will  accept in connection with an application for the issuance or renewal of an Oregon vehicle dealer or vehicle dismantler certificate.
Rules amended: 735-150-0010, 735-150-0015, 735-150-0020, 735-150-0027, 735-150-0030, 735-150-0110, 735-150-0120, 735-150-0130, 735-150-0160, 735-152-0000, 735-152-0005, 735-152-0031
Filed and effective: May 25, 2017

Age Requirement to Take Knowledge Test​
OAR 735-062-0040 establishes provisions regarding the Class C non-commercial knowledge test. DMV has added a provision regarding the age when a person is first eligible to take a knowledge test. Class C non-commercial knowledge test scores are good for two years. However, it made little sense for a person to take a knowledge test at 13 years of age in anticipation of getting an instruction permit at 15 years of age. Therefore, DMV amended OAR 735-062-0040 to include that to be eligible to take a knowledge test, a person must meet the minimum age requirement for the driving privileges for which the applicant is applying.
Rule amended: 735-062-0040
Filed and effective: April 26, 2017

Class C Third-Party Driver Testing​
DMV wishes to continue a pilot for a Class C Third Party Testing Program and OAR 735-061-0210 contains a specific ending date. This proposed rule amendment was filed as an emergency rule on October 31, 2016 as the pilot program was scheduled to end at that time. 
Rule amended: 735-061-0210
Filed and effective: March 20, 2017

Early Renewal of Driver License or ID Card​
OAR 735-062-0090 currently allows a person to renew a driver license or identification card 14 months prior to expiration. DMV proposes to reduce that period to 12 months to comply with a policy of the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, allowing states to renew a Commercial Driver License (CDL) up to one year in advance of the expiration date of the current CDL.  This rule amendment will also conform the renewal period to the requirements in ORS 807.150(1)(a) and 807.400(9), addressing renewal of driver licenses and identification cards.
Rule amended: 735-062-0090
Filed and effective: March 20, 2017

Changes Advisory Committee Term from Fixed to Variable​​
ODAC members currently serve a fixed three-year term. Over time and due to unforeseen circumstances, multiple committee member terms now expire at the same time. ​The proposed amendment changes member terms from a fixed three-year term to a variable term of up to three years. The revision provides greater flexibility in making appointments to ensure committee continuity.
Rule amended: 735-150-0005
Filed and effective: February 22, 2017​

Changes Minimum Amount for Automatic DMV Refund
This rulemaking changes from $5.01 to $10.01 the minimum amount that DMV will automatically refund when it determines it has received money not legally due to the division.
Rule amended: 735-001-0100
Date filed: January 24, 2017
Effective date: February 1, 2017

Closu​re of DMV Inquiry Accounts​
At times DMV receives complaints and will investigate reports of misuse or unlawful disclosure of its records by authorized account holders. DMV amended its rule to allow it to close a record inquiry account if an account holder misuses or improperly discloses personal information from DMV records.​​
Rule amended: 735-010-0020
Filed and effective: January 24, 2017

DMV Special Registration Plates​​
DMV made a minor revision to OAR 735-040-0115(3) to use language consistent with its other rules relating to the qualifications, application and approval for special registration plates.
Rule amended: 735-040-0115
Filed and effective: January 24, 2017

PUBLISHED DMV RULES
This link will take you to the DMV rules page on the Secretary of State's website.

​​​

PROPOSED HIGHWAY DIVISION RULES
These proposed rule changes are open for public comment. Send any written comments to the ODOT Rules Coordinator​​.​

Locations of Interstate Speed Limits; Speed Zone Definitions; Establishment of Speed Zones on Public Roads​
As amended 734-020-0011 will reflect changes to Interstate speed limits resulting from HB 3402 (2015/2016), which increased speeds on a portion of Interstate 84 and also increases speeds for certain vehicles on specific sections of interstates as listed. A section of Interstate 5 in the Roseburg area is excluded from this speed increase and instead lowers the speed for all vehicles, keeping the existing speed for vehicles listed in ORS 811.111(1)(b).
Rules to be amended: 734-020-0011, 734-020-0014, 734-020-0015
Last date for public comment: July 21, 2017
Anticipated date of OTC approval: August 18, 2017

RECENTLY CLOSED HIGHWAY DIVISION 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 Highway Division rules at this time.

RECENTLY ADOPTED HIGHWAY DIVISION RULES
These rule changes were adopted approximately within the last six months.

Oregon Coordinate System: Expansion of Coordinate Zones
In 2011 the Oregon Transportation Commission adopted new administrative rules defining the Oregon Coordinate System as authorized by 2011 Senate Bill 877. This amendment adds 19 additional Oregon Coordinate Reference System mapping projection coordinate zones to 734-005-0015. These additional zones cover additional portions of the state to meet the needs of geospatial professionals in Oregon.
Rule amended: 734-005-0015
Filed and effective: December 16, 2016

Real Property Land Use Authorizations
This rule was amended to bring program administration process in line with practice by outlining when the department can authorize use of real property if a lease or easement is not appropriate. In addition the rule was relocated within division 35 rules.
Rule amended and renumbered: 734-050-0105 to 734-035-0140
Filed and effective: December 16, 2016

PUBLISHED HIGHWAY DIVISION RULES
This link will take you to the Highway Division rules page on the Secretary of State's website.​​​

​PROPOSED MOTOR CARRIER RULES
These proposed rule changes are open for public comment. Send any written comments to the ODOT Rules Coordinator.

There are no proposed Motor Carrier rules at this time.

RECENTLY CLOSED MOTOR CARRIER 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.

Federal Safety and Hazardous Materials Regulations
These rule changes contain the annual adoption of federal motor carrier safety and hazardous materials transportation regulations and the adoption of international standards related to driver, vehicle and hazardous materials out-of-service violations.
Rules to be amended: 740-100-0010, 740-100-0065, 740-100-0070, 740-100-0080, 740-100-0085, 740-100-0090, 740-110-0010
Anticipated date of OTC approval: July 20, 2017

RECENTLY ADOPTED MOTOR CARRIER RULES
These rule changes have been adopted approximately within the last six months.​

Self-Issuance Program for Variance Permits
These rules are authorized by ORS 818.220 for telephonic application, self-issuance and electronic issuance of variance permits. This rulemaking specifies the requirements for a motor carrier to qualify for the self-issuance program certification and recertification, and specifies insurance requirements for intrastate motor carriers. The program saves time, travel and speeds delivery of permits directly to the motor carrier's place of business.
Rule adopted: 734-072-0007
Rules amended: 734-072-0005, 734-072-0010, 734-072-0011, 734-072-0015, 734-072-0020, 734-072-0022, 734-072-0023, 734-072-0025, 734-072-0030
Filed and effective: May 23, 2017

IFTA Inadequate Records Assessment​
These amendments ensure Oregon remains current with International Fuel Tax Agreement (IFTA). IFTA Procedures Manual requires an additional assessment be imposed when a licensee fails to maintain or provide records adequate to support reported fuel tax. Associated materials are applicable to Oregon-based motor carriers who participate in IFTA as a way to report and pay fuel tax to other jurisdictions. The revision to OAR 740-200-0045 reflects the most recent version of IFTA and associated material as the procedures and guidelines for Oregon-based IFTA participants.
Rule amended: 740-200-0045
Filed and effective: May 23, 2017

Annual Re-adoption of IRP, HVUT and IFTA Regulations​
The rule changes contain the annual adoption of the rules of the International Registration Plan (IRP) to the date of January 1, 2017. The rulemaking also removes the requirement that interest be charged in an audit assessment and aligns the Department with IRP requirements. Title 26 Code of Federal Regulations Part 41 (HVUT) requires the State to confirm proof of payment of the tax, and require proof of payment by the State as a condition of issuing a registration for a highway motor vehicle. The amendment of OAR 740- 200-0020 adopts HVUT and amendments with the effective date of January 1, 2017, and ensures Oregon remains current with national commercial motor vehicle registration standards. International Fuel Tax Agreement (IFTA) and associated material are applicable to Oregon-based motor carriers who participate in IFTA as a way to report and pay fuel tax to other jurisdictions. The revision to OAR 740-200-0040 adopts the most recent version of IFTA and associated material as the procedures and guidelines for Oregon-based IFTA participants with the effective date of January 1, 2017 to ensure Oregon remains current with the international IFTA standards.
Rules amended: 740-200-0010, 740-200-0020, 740-200-0040
Filed and effective: February 22, 2017

PUBLISHED MOTOR CARRIER RULES
These links will take you to the Secretary of State's website.
Chapter 740 Motor Carrier rules.
Chapter 734 Motor Carrier rules are in divisions 70 through 79 and 82.

PROPOSED PUBLIC TRANSIT RULES
These proposed rule changes are open for public comment. Send any written comments to the ODOT Rules Coordinator​.

There are no proposed Public Transit rules at this time​.

RECENTLY CLOSED PUBLIC TRANSIT 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 Public Transit rules at this time.

RECENTLY PUBLISHED PUBLIC TRANSIT RULES
These rule changes have been adopted approximately within the last six months.

There are no recently published Public Transit rules at this time.

PUBLISHED PUBLIC TRANSIT RULES
This link will take you to the Public Transit rules page on the Secretary of State's website.​​

PROPOSED RAIL DIVISION RULES
These proposed rule changes are open for public comment. Send any written comments to the ODOT Rules Coordinator​.

There are no proposed Rail Division rules at this time.

RECENTLY CLOSED RAIL DIVISION 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 Rail Division rules at this time.

RECENTLY ADOPTED RAIL DIVISION RULES
These rule changes have been adopted approximately within the last six months.

There are no recently adopted Rail Division rules at this time.

PUBLISHED RAIL DIVISION RULES
This link will take you to the Rail Division rules page on the Secretary of State's website.​

PROPOSED TRANSPORTATION SAFETY RULES
These proposed rule changes are open for public comment. Send any written comments to the ODOT Rules Coordinator​.

There are no proposed Transportation Safety rules at this time.

RECENTLY CLOSED TRANSPORTATION SAFETY 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 Transportation Safety rules at this time.

RECENTLY ADOPTED TRANSPORTATION SAFETY RULES
These rule changes have been adopted approximately within the last six months.

There are no recently adopted Transportation Safety rules at this time.

PUBLISHED TRANSPORTATION SAFETY RULES
This link will take you to the Transportation Safety rules page on the Secretary of State's website.​

​"Other Divisions" refers to rules, primarily in chapter 731, that belong to multiple areas of ODOT such as Central Services, Procurement, Financial Services, Fuels Tax, Transportation Development Division, Oregon Innovative Partnerships Program and Connect Oregon.

PROPOSED ODOT RULES
These proposed rule changes are open for public comment. Please send your written comments to the ODOT Rules Coordinator.

There are no proposed rules in these divisions at this time.

RECENTLY CLOSED ODOT 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 rules in these divisions at this time.

RECENTLY ADOPTED ODOT RULES
These rule changes have been adopted approximately within the last six months.

Adoption of DAS Public Records Fee Policy Into ODOT Administrative Rule (Temporary)
These rule changes will keep ODOT in compliance with Executive Order 16-06 by amending 731-001-0025 to adopt DAS policy 107-001-0030 (Public Records Requests Fees and Charges) in its entirety.
Rule amended: 731-001-0025
Date filed: May 18, 2017
Effective: May 25, 2017 through November 17, 2017

PUBLISHED ODOT RULES
This link will take you to ODOT Chapter 731 rules on the Secretary of State's website.​​

Contact Us

Lauri Kunze
Administrative Rules Coordinator
503-986-3171
lauri.g.kunze@odot.state.or.us
355 Capitol Street NE, MS 51
Salem OR 97301

Stay Up to Date

Get email updates
You can track the rulemaking activity of any ODOT division or all of them.

Your browser is out-of-date! It has known security flaws and may not display all features of this and other websites. Learn how

×