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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.

Physical description, including sex, on driver license, driver permit or ID 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.

Therefore, DMV started this rule-making in conjunction with updating systems so that an "X" in the field for sex will indicate that the sex is not specified. DMV proposes to adopt OAR 735-062-0013 to explain what information is captured as a descriptor in DMV records, which of those descriptors appear on the front of the card, how that information is provided to DMV, and the process to change such information.

Proposed Rule Text          Hearing Notice Forms

Public Hearings:
May 2, 2017 at 6:00 pm
Eugene Public Library, Tykeson Room
100 W 10th Avenue, Eugene OR

May 10, 2017 at 6:00 pm
Multnomah Building, Room 315
501 SE Hawthorne Blvd, Portland OR

Rule to be adopted: 735-062-0013
Last date for public comment: May 12, 2017 at 4:00 pm
Anticipated date of OTC approval: June 15, 2017

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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.

Technical Changes to DMV Vehicle Dealer and Dismantler Rules

  • 735-150-0130 subsection (3)(a) is being amended to reflect the requirements of ORS 822.020 and 822.040 and clarify that in addition to the options specified in section (3), DMV may impose a sanction as provided in OAR 735-150-0120.
  • The proposed amendment of OAR 735-150-0110 adds a new violation--failure to pay a civil penalty assessed by DMV--to the schedule of vehicle dealer offenses subject to sanctions and penalties.
  • The proposed amendment of OAR 735-150-0120 adds a new sanction for a violation of amended OAR 735-150-0110 (failure to pay civil penalty assessed by DMV).
  • The amendment of OAR 735-150-0015(1) and (2), and 735-152-0005(1)(a)(B) update 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.
  • 735-150-0010 and 735-152-0000 are amended to add and update definitions.

Proposed Rule Text          Notice Forms

Rules to be amended: 735-150-0010, 735-150-0015, 735-150-0020, 735-150-0027, 735-0150-0030, 735-150-0110, 735-150-0120, 735-150-0130, 735-150-0160, 735-152-0000, 735-152-0005, 735-152-0031
Anticipated date of OTC approval: May 18, 2017

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Recently Adopted DMV Rules

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

Age Requirement to Take Knowledge Test

DMV amended OAR 735-062-0040 to state 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.

Final Rule Text          Filing Certificate

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 contained a specific ending date. This rule amendment replaces an emergency rule filed on October 19, 2016.

Final Rule Text          Filing Certificate

Rule amended: 735-061-0210
Filed and effective: March 20, 2017

Early Renewal of Driver Licenses and ID Cards

OAR 735-062-0090 previously allowed a person to renew a driver license or identification card up to 14 months prior to expiration. DMV has reduced 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. This rule amendment conforms the renewal period to the requirements in ORS 807.150(1)(a) and 807.400(9), addressing renewal of driver licenses and identification cards. This rule amendment replaces an emergency rule filed on October 19, 2016.

Final Rule Text          Filing Certificate

Rule amended: 735-062-0090
Filed and effective: March 20, 2017

Changes Advisory Committee Member Term from Fixed to Variable Period

ODAC members previously served a fixed three-year term. Over time and due to unforeseen circumstances, multiple committee member terms began to expire at the same time. The amendment of OAR 735-150-0005 changed 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.

Final Rule Text          Filing Certificate

Rule amended: 735-150-0005
Filed and effective: February 22, 2017

Changes the 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.

Final Rule Text          Filing Certificate

Rule amended: 735-001-0100
Date filed: January 24, 2017
Effective date: February 1, 2017

Closure of DMV Inquiry Accounts

At times DMV receives complaints about the use of its records by authorized account holders. DMV investigates reports of misuse or unlawful redisclosure. DMV amended its rule to give it authority to close a record inquiry account if an account holder misuses or improperly discloses personal information from DMV records.

Final Rule Text          Filing Certificate

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 that is consistent with its other rules relating to the qualifications, application and approval for special registration plates.

Final Rule Text          Filing Certificate

Rule amended: 735-040-0115
Filed and effective: January 24, 2017

Branded Vehicle Titles

To better protect Oregon vehicle consumers, DMV has amended its title brand rules to specify that in addition to ownership documents, DMV may consider information, such as a vehicle record from another jurisdiction, in determining whether to issue a branded Oregon title.

Final Rule Text          Filing Certificate

Rules amended: 735-024-0015, 735-024-0025
Filed and effective: November 22, 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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