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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.

Application for Title by Possessory Lien Foreclosure
OAR 735-020-0012 designates the forms and procedures to be used when evidence of a possessory lien foreclosure is submitted to DMV in support of an application for vehicle title. DMV proposes to amend this rule to require that the form submitted be the version in effect at the time the lien was foreclosed or the form in effect at the time of application. Other changes are made to simplify the rule text.
Rule to be amended: 735-020-0012
Last date for public comment: November 21, 2017
Anticipated date of OTC approval: December 14, 2017
Proposed effective date: January 1, 2018

Vehicle Registration - New Provisions and Reorganization of Rule Divisions Regarding Registration and Plates
Oregon Laws 2017, chapter 750, amends several statutes regarding vehicle registration that requires the adoption or amendment of administrative rule. DMV proposes to move some rules to a different division of rules and to move rules within divisions related to registration, registration plate and plate fees, and particular vehicles to better organize the rule divisions.
Rules to be adopted: 735-030-0001, 735-030-0005, 735-030-0015, 735-030-0025, 735-030-00035
Rule to be amended: 735-030-0105
Rules to be repealed: 735-030-0000, 735-030-0300, 735-030-0310 and 735-032-0040
Rules renumbered without amendment: 735-030-0330 to 735-030-0095, 735-032-0050 to 735-030-0045 and 735-032-0055 to 735-040-0015
Rules to be amended after renumbering: 735-030-0010 to 735-030-0065, 735-030-0020 to 735-030-0075, 735-030-0320 to 735-030-0085, 735-032-0065 to 735-030-0055 and 735-032-0070 to 735-030-0057
Last date for public comment: November 21, 2017
Anticipated date of OTC approval: December 14, 2017
Proposed effective date: January 1, 2018

Special Interest Registration; Established Organizations – Vehicles of Special Interest
The proposed changes to OAR 735-040-0000 clarify the requirements to qualify for special interest registration to include high-mobility multipurpose wheeled vehicles originally manufactured for military use. The proposed changes to OAR 735-040-0010 clarify application requirements to become an established organization that may sanction vehicles as vehicles of special interest.
Rules to be amended: 735-040-0000, 735-040-0010
Last date for public comment: November 21, 2017
Anticipated date of OTC approval: December 14, 2017
Proposed effective date: January 1, 2018

Proof that an Accident is Not Reportable
DMV is amending OAR 735-050-0010 to align with a change in statute. When a driver is involved in an accident on a highway or upon premises open to the public resulting in damage exceeding a specific monetary amount, the driver is required to report the accident to DMV. SB 35 amends ORS 811.720 and 811.745 to change the vehicle property damage accident reporting threshold from $1,500 to $2,500.
Rule to be amended: 735-050-0010
Last date for public comment: November 21, 2017
Anticipated date of OTC approval: December 14, 2017
Proposed effective date: January 1, 2018

Doctor of Osteopathy to be referred to as Doctor of Osteopathic Medicine
HB 3363 changes the reference from “Doctor of Osteopathy” to “Doctor of Osteopathic Medicine” to clarify that Doctors of Osteopathic Medicine are medical doctors. DMV is changing references to such doctors in rule to reflect the statutory language.
Rules to be amended: 735-063-0205, 735-070-0080
Last date for public comment: November 21, 2017
Anticipated date of OTC approval: December 14, 2017
Proposed effective date: January 1, 2018

Hardship and Probationary Permit Provisions
DMV proposes to amend OAR 735-064-0040 and 735-074-0060 to include driving oneself to a gambling addiction treatment program where the rules previously only referred to an alcohol or drug treatment or rehabilitation program. Other amendments are made to align terminology with statute and provide consistency and clarity.
Rules to be amended: 735-064-0005, 735-064-0040, 735-064-0060, 735-064-0070, 735-064-0090, 735-064-0100, 735-064-0110
Rules to be repealed: 735-064-0020, 735-064-0030
Last date for public comment: November 21, 2017
Anticipated date of OTC approval: December 14, 2017
Proposed effective date: January 1, 2018

Convictions Used in Driver Improvement and Other Programs Where Sanction is Based on Cumulative Convictions
During the 2017 legislative session three laws were enacted that amend current traffic offense statutes, which require changes to OAR 735-064-0220 and 735-072-0035. By administrative rule, those offenses are used to determine who qualifies for DMV’s Driver Improvement programs and whether a person has violated the terms of a hardship or probationary permit.
Rules to be amended: 735-064-0220, 735-072-0035
Last date for public comment: November 21, 2017
Anticipated date of OTC approval: December 14, 2017
Proposed effective date: January 1, 2018

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.

Drive Test Waiver for Restricted Motorcycle Endorsement
With the passage of 2017 SB 36, DMV may waive the actual demonstration required under ORS 807.070(3) for a person who is applying for a restricted motorcycle endorsement that only authorizes the person to operate a motorcycle with more than two wheels. DMV is amending two rules to align with statute.
Rules to be amended: 735-062-0080, 735-062-0087
Last date for public comment: October 23, 2017
Anticipated date of OTC approval: November 17, 2017
Proposed effective date: January 1, 2018

Serious Traffic Offenses
With the passage of 2017 SB 37, DMV is changing the term "serious traffic violation" to "serious traffic offense" to align with statutory language as it relates to commercial driving privileges. Additionally, as a result of HB 2597, DMV is changing the description of one offense to "driving a motor vehicle while using a mobile electronic device."
Rule to be amended: 735-063-0360
Last date for public comment: October 23, 2017
Anticipated date of OTC approval: November 17, 2017
Proposed effective date: January 1, 2018

Prohibition on Endorsements for Emergency and Student Driver Permits
DMV proposes to amend OAR 735-064-0230 and 735-064-0235 to allow operation of a motorcycle that does not require an endorsement to operate. ORS 807.031(5) prohibits a person issued a restricted Class C license, such as an Emergency Permit and Special Student Driver Permit, from operating a vehicle that requires an endorsement. Operation of a motorcycle that does not require an endorsement, such as an autocycle, is not prohibited. The amendments align the rules with statute to prohibit operation of any vehicle that requires an endorsement, and thus allow operation of an autocyle because an endorsement is not required.
Rules to be amended: 735-064-0230, 735-064-0235
Last date for public comment: October 23, 2017
Anticipated date of OTC approval: November 17, 2017
Proposed effective date: January 1, 2018

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

Proof of School Attendance or Completion
This rulemaking implements HB 2314 and SB 20 by establishing what DMV will accept as proof that an applicant under 18 years of age is either attending school, has graduated from high school or is exempt from school attendance requirements.
Rule amended: 735-062-0035
Date filed: October 23, 2017
Effective date: January 1, 2018

Class C Non-Commercial Third Party Drive Testing Program
DMV, through administrative rules in OAR chapter 735, division 061, authorized a pilot program for third parties to administer drive tests needed by persons applying for a Class C non-commercial driver license. DMV has adopted rules to establish an on-going program for Class C non-commercial third party drive testing.
Rules adopted: 735-061-0400, 735-061-0410, 735-061-0420, 735-061-0430, 735-061-0440, 735-061-0450, 735-061-0460, 735-061-0470
Filed and effective: September 26, 2017

Limited Term CDL or Learner Permit
As a result of 2017 SB 36, DMV has adopted 735-063-0265 to specify what documents, under what situations, DMV will accept as proof that the applicant is legally present in the U.S. on a temporary basis and may be eligible to apply for a limited term commercial driver permit or limited term commercial driver license. DMV amended OAR 735-063-0250 to avoid a conflict between rules. Applicants from Canada or Mexico with temporary work visas are not eligible for nonresident CDLs because the Federal Motor Carrier Safety Administration (FMCSA) has determined that commercial licenses issued by Canadian provinces and territories, and the United Mexican States, are in accordance with the standards established by FMCSA rules. Therefore, under the single license provision, all Mexican and Canadian drivers must have an appropriate license from their home country.
Rule adopted: 735-063-0265
Rule amended: 735-063-0250
Filed and effective: September 26, 2017

Documents Equivalent to Manufacturer's Certificate of Origin
This amendment allows 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 amended: 735-022-0060
Filed and effective: August 23, 2017

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 amended: 735-010-0130
Filed and effective: July 24, 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 adopted: 735-150-0031
Rules amended: 735-150-0110, 735-150-0140
Filed and effective: July 24, 2017

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

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
ORS 810.180 authorizes the Department of Transportation to conduct speed zone investigations and set speeds on most public roads, including interstate highways.  A recently approved amendment to 734-020-0011 inadvertently omitted the section of interstate highway that runs through the city of The Dalles (Columbia River Highway (I-84)).  This amendment reflects a change to the milepoint range where the speed limit for vehicles listed in ORS811.111(1)(b) was increased to 60 mph.
Rule to be amended: 734-020-0011
Last date for public comment: November 21, 2017
Anticipated date of OTC approval: December 14, 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.

Interstate Speed Limits; Speed Zones on Public Roads​
OAR 734-020-0011 has been amended to reflect changes to interstate speed limits resulting from HB 3402 (2015/2016), which increased speeds on a portion of Interstate 84 and 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 amended: 734-020-0011, 734-020-0014, 734-020-0015
Filed and effective: September 26, 2017

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.

There are no recently closed Motor Carrier rules at this time.

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

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
Filed and effective:: July 25, 2017

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

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

There are no recently adopted 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 for public comment 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.

State Safety Oversight of Rail Fixed Guideway Public Transportation Systems
The rules governing the state safety oversight program for rail fixed guideway public transportation systems in Oregon have been updated. The amendments were necessary to comply with changes to federal regulations governing the program, and to comply with new federal guidance related to the changes in 49 USC 5329 and 49 CFR 674. The changes reflect additional enforcement authority granted by the state legislature in accordance with federal requirements.
Rules adopted: 741-060-0072, 741-060-0074, 741-060-0076, 741-060-0078, 741-060-0092, 741-060-0094, 741-060-0101, 741-060-0102, 741-060-0103, 741-060-0105, 741-060-0107
Rules amended: 741-060-0010, 741-060-0020, 741-060-0030, 741-060-0040, 741-060-0070, 741-060-0090, 741-060-0100, 741-060-0110
Rules repealed: 741-060-0025, 741-060-0035, 741-060-0050, 741-060-0060, 741-060-0080, 741-060-0095
Filed and effective: September 27, 2017

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 Procurement, Financial Services, Connect Oregon, Road Usage Charge Program, Fuels Tax, Transportation Development and Oregon Innovative Partnerships Program.

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

Update of ODOT's public records rule to incorporate recent legislation and statewide policy
In May, 2017 ODOT temporarily adopted DAS policy 107-001-0030 (Public Records Requests Fees and Charges) into its public records rule. This rulemaking will make those changes permanent and incorporate the provisions of chapter 456, OL 2017 (SB 481) by reference.

Rule to be amended: 731-001-0025
Last date for public comment: October 23, 2017
Anticipated date of OTC approval: November 17, 2017

Update of Road Usage Charge Program Rules
The proposed amendments incorporate legislative changes (HB 2017) made since ODOT adopted (or last amended) these rules. The changes include housekeeping edits that incorporate plain language, eliminate uncertainty, and make consistent the use of terms.
Rules to be amended: 731-090-0000, 731-090-0020, 731-090-0030, 731-090-0040, 731-090-0070, 731-090-0080, 731-090-0090
Last date for public comment: October 23, 2017
Anticipated date of OTC approval: November 17, 2017
Proposed effective date: January 1, 2018

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.

Connect Oregon Rules Update (Temporary)
Section 71(f) of HB 2017 directs ODOT to fund plans and the construction of four complex multimodal multi-million dollar projects. The Legislature did not identify the location or the project sponsors of the two larger projects, but did establish aggressive timelines and indicated that three of the four projects should receive funding for construction in 2019 and the fourth should receive funding for construction in 2020. The bill was signed into law on August 18, 2017 and is effective October 6, 2017. These temporary rules are a first step in establishing the criteria and process for the development of the plans or projects.
Rule adopted: 731-035-0065
Rules amended: 731-035-0010, 731-035-0020, 731-035-0030, 731-035-0040, 731-035-0060, 731-035-0070, 731-035-0080
Date filed: September 27, 2017
Effective: October 6, 2017 through April 5, 2018

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

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