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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.

There are no proposed DMV rules at this time.

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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.

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.

Proposed Rule Text     Appendix A     Notice Forms

Rules to be adopted: 735-040-0045, 735-040-0110, 735-040-0115, 735-040-0120, 735-040-0125, 735-040-0130
Rule to be amended: 735-040-0040
Rules to be repealed: 735-040-0055, 735-040-0061, 735-040-0095, 735-040-0097, 735-040-0100
Anticipated date of OTC approval: June 17, 2016

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Recently Adopted DMV Rules

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

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

Proof of School Attendance Needed for Driving Privileges if Under 18

In the last legislative session ORS 807.066 was 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.

Final Rule Text          Filing Certificate

Rule amended: 735-062-0035
Date filed: December 17, 2015
Effective date: January 1, 2016

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 -- This rule was 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.

Final Rule Text          Filing Certificate

Rules amended: 735-062-0005, 735-062-0110, 735-062-0120
Date filed: December 17, 2015
Effective date: January 1, 2016

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 amended 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.

Final Rule Text          Filing Certificate

Rules amended: 735-064-0070, 735-070-0080, 735-070-0082, 735-118-0000 , 735-118-0050
Date filed: December 17, 2015
Effective date: January 1, 2016

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.

Final Rule Text          Filing Certificate

Rules amended: 735-150-0015, 735-150-0037, 735-150-0110
Date filed: December 17, 2015
Effective date: January 1, 2016

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.

Final Rule Text          Filing Certificate

Rules amended: 735-150-0010, 735-150-0017, 735-150-0020, 735-150-0047, 735-150-0110
Date filed: December 17, 2015
Effective date: January 1, 2016

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.

Final Rule Text          Filing Certificate

Rule adopted: 735-032-0070
Date filed: November 17, 2015
Effective date: January 1, 2016

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 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.

Final Rule Text          Filing Certificate

Rules amended: 735-150-0055, 735-150-0140
Date filed: November 17, 2015
Effective date: January 1 2016

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 has adopted 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

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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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