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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.

Medical Exemption from IID; Negative Report from IID

Negative Reports -- Chapter 577, Oregon Laws 2015 (SB 397) places new requirements on providers of ignition interlock devices (IIDs) to submit negative reports to those specified in law or to provide a certificate of no negative report at certain times. Amendments to 735-064-0070 clarify conditions for hardship-probationary permits.
Medical Exemption -- DMV will amend OAR 735-070-0080 and 735-070-0082 to align the rules with the law changes and changes to OAR 735-118-0040 and to indicate that when DMV or the court issues a medical exemption from the requirement to install an IID, that the granting of the exemption may be used to terminate the requirement at the end of the period specified in law.

Proposed Rule Text          Notice Forms

Rules to be amended: 735-064-0070, 735-070-0080, 735-070-0082, 735-118-0000 , 735-118-0050
Last date for public comment: November 10, 2015
Anticipated date of OTC approval: December 17, 2015

Technical Changes to Vehicle Dealer Rules

OAR 735-150-0010(20) is being amended for consistency with ORS 822.050(1)(g) and ORS 822.605, related to knowingly certifying false information on a dealer application and false swearing relating to regulation of vehicle related businesses;
OAR 735-150-0015 is being amended to specify form numbers required for an application, renewal or correction of a dealer certificate.
OAR 735-150-0037(2)(c)(D) is being amended to restore a sentence that was inadvertently altered when the rule was last amended in 2014.

Proposed Rule Text          Notice Forms

Rules to be amended: 735-150-0010, 735-150-0015, 735-150-0037
Last date for public comment: November 23, 2015
OTC meeting date: December 17, 2015

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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.

Exemption from County Registration Fees

ORS 801.041 was recently amended to prohibit counties from imposing a vehicle registration fee on vehicles registered to an employment address, when the registered owner is an eligible employee or household member who resides in another county. This rule establishes the procedure to notify DMV when an eligible employee or household member's residence address is not within the county of the employment address.

Proposed Rule Text          Notice Forms

Rule to be adopted: 735-032-0070
Anticipated date of OTC approval: November 13, 2015

Vehicle Dealer-Only Auctions

Recent legislation changed the requirements for who can buy and sell vehicles in a dealer-only auction without holding an Oregon vehicle dealer certificate. ORS 822.015 previously provided an exemption from Oregon vehicle dealer certification requirements for dealers licensed in other jurisdictions and their authorized representatives when participating in a dealer-only auction. Under amended ORS 822.015, only certified Oregon vehicle dealers or dealers licensed in another jurisdiction or their employees may participate in a dealer-only auction.

Proposed Rule Text          Notice Forms

Rules to be amended: 735-150-0010, 735-150-0017, 735-150-0020, 735-150-0047, 735-150-0110
Anticipated date of OTC approval: December 17, 2015

Dealer Fees for Document Preparation

Vehicle dealers are allowed to charge a fee to prepare DMV documents necessary to issue or transfer title and registration on behalf of a vehicle purchaser. Recent amendments to ORS 822.043 establish a new statutory document-processing fee of $150, if the dealer uses an integrator (third party independent contractor), or $115 if the dealer does not use an integrator. The proposed amendment of OAR 735-150-0055 and 735-150-0140 removes reference to the document preparation fees, formerly set by rule, and updates rule text to conform to the legislation.

Proposed Rule Text          Notice Forms

Rules to be amended: 735-150-0055, 735-150-0140
Anticipated date of OTC approval: November 13, 2015

Proof of School Attendance Needed for Driving Privileges if Under 18

ORS 807.066 was recently amended so that a parent or legal guardian of an applicant under 18 years of age can certify that the applicant attends school, rather than the applicant needing to provide a form that must be completed by a school representative. During summer months many teens are unable to complete the process as there is no one at the school to provide the necessary proof of attendance. However, if DMV suspends the driving privileges of a person under 18 years of age based on notice from a school that a student has withdrawn from school, DMV will not accept a certification from a parent or legal guardian to reinstate driving privileges.

Proposed Rule Text          Notice Forms

Rule to be amended: 735-062-0035
Anticipated date of OTC approval: December 17, 2015

Proof of SSN; Replacement Driver License; License without Photograph

735-062-0005 -- DMV has learned that the Social Security Administration does not issue a letter stating that a person is not eligible for a social security number. This amendment specifies that DMV will not accept proof of ineligibility for a social security number from a person who presents proof of being a citizen or lawful permanent resident of the United States or proof of being legally present with authorization for employment in the United States.
735-062-0110 -- Because DMV currently issues replacement driver licenses or identification cards using the previous photo on file, this rule is being amended to allow a replacement driver license, driver permit or identification card with a new photograph under certain circumstances.
735-062-0120 -- Authorizes DMV to issue a driver license without a photograph to a person in the military who is stationed outside of Oregon under certain circumstances.

Proposed Rule Text          Notice Forms

Rules to be amended: 735-062-0005, 735-062-0110, 735-062-0120
Anticipated date of OTC approval: December 17, 2015


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Recently Adopted DMV Rules

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

Proof of Registration Renewal

Chapter 154, OL 2015 provides that a person is not in violation of ORS 803.550 and 803.560 if the person has proof of vehicle registration, but has not received new registration stickers from DMV. DMV is proposing to adopt OAR 735-032-0025 to specify what constitutes proof of registration for the purposes of the amended statutes.

Final Rule Text          Filing Certificate

Rule adopted: 735-032-0025
Date filed: September 21, 2015
Effective date: January 1, 2016

Gold Star Family Registration PlatesDMV issues a veterans’ recognition registration plate displaying a gold star decal and the words “Gold Star Family.” The plate recognizes families of service members killed in action during an armed conflict while serving in the Armed Forces of the United States and is only available to surviving family members of a service member killed in action. ORS 805.105, as amended by Chapter 183, Oregon Laws 2015, adds “sibling” to the list of individuals eligible to obtain a Gold Star Family plate. DMV has amended the definition of “surviving family member” under OAR 735-040-0090(3)(b)(D) to include sibling.

Final Rule Text          Filing Certificate

Rule amended: 735-040-0090
Date filed: August 25, 2015
Effective date: October 1, 2015

Program for Inmates to Obtain Driver License or ID Card Prior to Release

ORS 802.087 requires DMV and DOC to work together to assist offenders in obtaining a driver license or ID card prior to an offender’s release from a correctional institution. In an effort to increase efficiencies in the program, DMV and DOC met and drafted certain changes to the rules.

Final Rule Text          Filing Certificate

Rule amended: 735-001-0062
Date filed: June 19, 2015
Effective date: July 1, 2015

Biometric Data (Photograph) to Establish Identity

OAR 735-062-0016 specifies photograph requirements, and exceptions. These amendments add an exception, the ability to wear an eye patch or eye covering for a permanent medical condition, and remove the requirement that an applicant photographed with his or her eyes closed must establish identity by providing documentation in lieu of biometric data.

Final Rule Text         Filing Certificate

Rule amended: 735-062-0016
Filed and effective: June 19, 2015 

Serious Traffic Violations and Marijuana Offenses

DMV is amending its rules to align with statutory changes that become effective July 8, 2015. The changes include the consolidation of provisions related to fatal accidents and commercial driving privileges, updating conviction codes and the addition of a traffic violation for the use of marijuana while driving.

Final Rule Text          Filing Certificate          Table for 735-064-0220          Table for 735-072-0035

Rule adopted: 735-063-0130
Rules amended: 735-064-0040, 735-064-0100, 735-064-0220, 735-072-0035
Rule amended and renumbered: 735-070-0200 to 735-063-0180
Rule repealed: 735-070-0037
Date filed: June 19, 2015
Effective date: July 8, 2015

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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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