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DMV Rulemaking Actions

Proposed DMV Rules

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

Driving Privileges

Effective September 26, 2016, DMV will issue a Commercial Learner Permit (CLP) in accordance with ORS 807.285 and 49 CFR 384.204. The eligibility requirements, qualifications, testing procedures, endorsements and restrictions to be issued a CLP or commercial driver license (CDL) are different than those necessary to be issued a Class C non-commercial instruction permit, driver license, driver permit or identification card. Therefore, this rulemaking attempts to clearly delineate those differences by separating provisions of administrative rules that are specific to commercial driving privileges and consolidate them into OAR chapter 735, division 63, and removing provisions specific to commercial driving privileges from chapter 735, division 62. The proposed expanded OAR chapter 735, division 63, also includes details regarding violations committed when operating a commercial motor vehicle or holding commercial driving privileges, sanctions, and options to regain commercial driving privileges. Once a person is issued a CLP, that person has commercial driving privileges and is subject to the various provisions of having commercial driving privileges the same as a person who has a CDL. Therefore, one of the amendments proposed in this rulemaking is to use the terminology “commercial driving privileges” consistently throughout these rules.

Proposed Rule Text          Notice Forms

Public hearing: August 17, 2016 at 10:00 am
DMV Headquarters, Room 122
1905 Lana Ave NE, Salem OR
Rules to be adopted: 735-062-0001, 735-062-0087, 735-063-0200, 735-063-0250, 735-063-0260, 735-063-0270, 735-063-0280, 735-063-0300, 735-063-0370
Rules to be amended: 735-010-0030, 735-016-0060, 735-016-0070, 735-062-0002, 735-062-0005, 735-062-0007, 735-062-0016, 735-062-0030, 735-062-0032, 735-062-0070, 735-062-0080, 735-062-0090, 735-062-0110, 735-062-0125, 735-062-0300, 735-062-0310, 735-062-0330, 735-064-0220, 735-064-0230, 735-064-0235
Rules to be repealed: 735-062-0075, 735-062-0150, 735-062-0200
Rules to be renumbered and amended: 735-062-0190 to 735-063-0290, 735-062-0210 to 735-063-0310, 735-063-0000 to 735-063-0205, 735-063-0050 to 735-063-0210, 735-063-0060 to 735-063-0220, 735-063-0065 to 735-063-0230, 735-063-0070 to 735-063-0240, 735-070-0185 to 735-063-0320, 735-070-0190 to 735-063-0330, 735-063-0067 to 735-063-0340, 735-063-0075 to 735-063-0350, 735-063-0130 to 735-063-0360, 735-063-0180 to 735-063-0380
Last date for public comment: August 22, 2016 at 8:30 am
Anticipated date of OTC approval: September 23, 2016

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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.

Third Party Testing for Commercial Driver Licenses

DMV is amending division 60 rules to align with statutory and procedural changes. One of the main reasons for these rule amendments is implementation of the commercial learner driver permit (CLP) on September 26, 2016. These rules are amended to specify that an applicant may not test with a third party tester unless the applicant possesses a CLP issued by DMV at least 14 days prior to testing. The other is that all test information, including passing scores that allow DMV to issue a CDL, are now entered into the Commercial Skills Test Information Management System (CSTIMS). DMV can access scores entered in CSTIMS by a third party testing business as well as scores entered by a tester in another jurisdiction, eliminating the need for a third party examiner to issue a Certificate of Test Completion for the applicant to take to DMV.

Proposed Rule Text          Notice Forms

Rules to be adopted: 735-060-0001, 735-060-0051, 735-060-0101, 735-060-0145
Rules to be amended: 735-060-0030, 735-060-0040, 735-060-0050, 735-060-0055, 735-060-0057, 735-060-0090, 735-060-0095, 735-060-0100, 735-060-0105, 735 -060-0115, 735-060-0120, 735-060-0130
Rules to be repealed: 735-060-0060, 735-060-0065, 735-060-0110
Rule to be amended and renumbered: 735-060-0000 renumbered to 735-060-0003
Anticipated date of OTC approval: September 23, 2016

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Recently Adopted DMV Rules

These rule changes have been adopted approximately within the last six months.

Updates DMV Special Registration and Group Plate Rules

This rulemaking establishes the eligibility requirements and procedures for the new Special Registration Plate Program pursuant to ORS 805.222 and 805.225 (2015 HB 2730). It also updates DMV’s group plate rules to align with amended ORS 805.205.

Final Rule Text     Appendix A     Filing Certificate

Rules adopted: 735-040-0045, 735-040-0110, 735-040-0115, 735-040-0120, 735-040-0125, 735-040-0130
Rule amended: 735-040-0040
Rules repealed: 735-040-0055, 735-040-0061, 735-040-0095, 735-040-0097, 735-040-0100
Date filed: June 22, 2016
Effective date: July 1, 2016

Pilot Program - Class C Third Party Testing, Drive Tests

DMV has been conducting a pilot program for third-party administered drive tests for Class C non-commercial driver licenses since November 2014. DMV initially believed an 18 month pilot would be sufficient to determine the viability of the program but has determined additional time is needed. DMV has extended the pilot program to October 31, 2016.

Final Rule Text          Filing Certificate

Rule amended: 735-061-0210
Filed and effective: April 29, 2016

Definition of Mother and Father for Purpose of ORS 807.060

ORS 807.060 requires that an application for driving privileges for a person under 18 years of age, unless the applicant is an emancipated minor, must be signed by the applicant's mother, father or legal guardian. DMV recently revised the definition of mother and father in OAR 735-062-0007 to specify that a mother or father does not include a person whose parental rights have been terminated.

Final Rule Text          Filing Certificate

Rule amended: 735-062-0007
Filed and effective: April 29, 2016

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Published DMV Rules

This link will take you to the DMV Administrative Rules page on the Secretary of State's website.
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