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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.

There are no proposed DMV rules for public comment at this time.

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.

Vehicle Registration Plate Manufacturing Fee Increase
Statute requires the department to establish fees for a single plate and a pair of plates by determining the cost of manufacturing a single plate or pair of plates, rounding the cost to the next higher half-dollar, then adding $10 for a single plate and $20 for a pair of plates. The department has determined that the cost to manufacture a pair of plates has crossed the half-dollar threshold and now requires the fee be rounded up to the next half-dollar. This increase only affects the cost of a pair of plates; the cost for a single plate is not changing with this rulemaking.
Rule to be amended: 735-032-0010
Anticipated date of OTC approval: May 16, 2019

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

Types of Vehicle Records Available and Fees Charged
DMV launched a new computer system for vehicle transactions in January 2019. Part of the system includes new ways for a person or business to order a vehicle record. DMV uses a web-based system for ordering vehicle records and replaced its Interactive Voice Response System (IVR). Therefore, DMV amended OAR 735-010-0040 and removed all references to IVR. The description of information available in some reports changed because the new system allows more comprehensive information to appear in a report. Reports generated from the new system are in a certified letter format and no additional fee for certification is required. Documents pulled from historic information may be ordered certified by paying an additional $1. Some reports were eliminated because the new system allows a person to get the same information in a different or more comprehensive format.
Rule amended: 735-010-0040
Filed and effective: March 21, 2019

Notice of Transfer of Interest in a Vehicle
ORS 803.112 requires a transferor (seller) of a vehicle covered by an Oregon title to notify DMV within 10 days of the date of transfer. OAR 735-020-0080 authorizes customers to submit the information in writing or electronically. DMV upgraded its computer system and has changied the location within DMV’s website where the electronic submission will be located. DMV amended its rule to notify customers they can submit the notification through DMV’s website, and removed the specific name of a form to ensure DMV does not have to amend the rule each time the notice of vehicle sale location is moved within DMV’s website.
Rule amended: 735-020-0080
Filed and effective: March 21, 2019

Record Inquiry Accounts and Transitional Ownership Document (TOD) Accounts and Processes
DMV removed information regarding the establishment of a TOD Filing Fee Account from OAR 735-010-0020 and moved it to 735-020-0040. Under DMV's new computer system bonds are no longer required, so all references to bonds were removed. A Record Inquiry Account is now considered active for two years, even if there is a period of inactivity of one year. DMV also amended OAR 735-010-0020(9) and removed inactivity for a one-year period as a reason DMV will close a Record Inquiry Account.
Rules amended: 735-010-0020, 735-020-0040
Filed and effective: February 21, 2019

Electronic Transfer of Registration Renewal at DEQ
In preparation for its computer system upgrade, DMV reviewed the process of registration renewal at the Department of Environmental Quality (DEQ) for customers who are required to obtain a DEQ Certificate of Compliance. DMV adopted OAR 735-018-0115 to reduce the amount of paper transferred between DEQ and DMV by enabling DMV to obtain a unique identifier in lieu of a handwritten signature.
Rules amended: 735-010-0250, 735-018-0110
Rule adopted: 735-018-0115
Filed and effective: February 21, 2019

​New Medical Examiner Certificate Required After Suspension Under the Medically At-Risk Driver Program
A person whose CDL driving privileges have been suspended under the Medical At-Risk Driver Program who wishes to be reinstated must provide proof of medical qualification for a CDL or CLP by providing one of the documents listed in OAR 735-063-0220. These documents are generally valid for two years. DMV amended OAR 735-063-0220 to allow it to require a Medical Examiner’s Certificate be submitted that shows the date of exam to be after the date of the report that caused the suspension of driving privileges under DMV’s At-Risk Medical Program.
Rules amended: 735-063-0220, 735-063-0340
Date filed: February 21, 2019
Effective date: March 1, 2019

Reporting Requirements for Insurance Companies
As part of its system modernization, DMV incorporated an instruction manual, the ALIR Reporting Instruction Manual for Insurance Companies, into administrative rule and repealed the rules that previously contained the instructions now in the manual.
Rules amended: 735-050-0055, 735-050-0080, 735-050-0130
Rules repealed: 735-050-0140, 735-050-0150, 735-050-0160
Date filed: December 13, 2018
Effective date: January 22,2019

Elimination of Special Process to Reinstate Driving Privileges Following a Revocation as a Habitual Offender
The Oregon Legislature repealed ORS 809.650 and 809.660, specifying that a habitual offender revocation ends after five years and making reinstatement requirements consistent for all revocations. Therefore, DMV proposes to repeal OAR 735-070-0160, eliminating the need for the person to apply for restoration of driving privileges.
Rule to be repealed: 735-070-0160
Date filed: December 7, 2018
Effective date: January 1, 2019

Voluntary Odometer Disclosure; ATV Odometer Disclosure
DMV is upgrading its computer system.  As a result, DMV removed the requirement for customers to present a document and allow the customer to provide the voluntary odometer reading verbally. The definition of “voluntary odometer reading” was updated to cite the statute number instead of OL chapter law. Class II, III, and IV all-terrain vehicles (ATV) are now exempt from vehicle odometer requirements.  Class I ATVs were already exempt and the amendment enables DMV to treat all classes of ATVs equally.
Rules amended: 735-028-0000, 735-028-0005, 735-028-0010
Filed and effective: November 20, 2018

Vehicle Registration Card Contents
DMV is upgrading its computer system. As a result 735-030-0105 was amended to change the word “process” to “issue” and to eliminate the requirement to show the mailing address on the registration card.  The mailing address will be included on the letter sent to the customer, but will not print on the actual registration card.  The purpose of the mailing address is for mailing only.
Rule amended: 735-030-0105
Filed and effective: November 20, 2018

Elimination of Additional Fee for Collection and Verification of Biometric Data
The Legislature repealed ORS 807.375 (effective 1/1/19), the law that authorized DMV to collect an additional fee for each driver license, driver permit or identification card issued, replaced or renewed for the purposes of covering the costs of purchasing equipment and establishing and maintaining a database used for collecting and verifying biometric data. DMV had adopted OAR 735-062-0220 to implement ORS 807.375 in cases where the additional fee was not included in statute. As the statutory authority for the additional fee is repealed, DMV has repealed OAR 735-062-0220.
Rule repealed: 735-062-0220
Date filed: November 20, 2018
Effective date: January 1, 2019

Hardship Permit Provisions Including Issuing to Those Previously Eligible for Probationary Permit, Eliminating Probationary Permit
SB 1538 streamlines the hardship permit process and eliminates all statutes relating to a probationary permit. DMV previously was authorized to issue a probationary permit to a person whose driving privileges were revoked as a habitual offender. With the statutory streamlining those individuals are eligible to apply for a hardship permit.  The streamlining efforts create consistent requirements for all permits and eliminate the various requirements and privileges previously allowed, depending on the type of suspension or revocation.
Rules amended: 735-064-0005, 735-064-0040, 735-064-0060, 735-064-0070, 735-064-0080, 735-064-0090, 735-064-0100, 735-064-0110, 735-064-0220
Date filed: November 20, 2018
Effective date: January 1, 2019

Disabled Person Parking Permits Including Oregon Wounded Warrior
SB 1506 authorizes DMV to issue a new type of disabled person parking permit – the “Oregon Wounded Warrior” permit. DMV has amended OAR 735-080-0020 to describe what an applicant must submit for DMV to issue an Oregon Wounded Warrior disabled person parking permit, and how a person may renew or replace an Oregon Wounded Warrior disabled person parking permit. Other changes describe how a permit may be displayed, and eligibility for a parking ID card.
Rules amended: 735-080-0020, 735-080-0040, 735-080-0046, 735-080-0050 and 735-080-0060
Date filed: November 20, 2018
Effective date: January 1, 2019

PUBLISHED DMV RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 735.

PROPOSED HIGHWAY DIVISION RULES
These proposed rule changes are open for public comment. Send any written comments to the ODOT Rules Coordinator​​.​

There are no proposed Highway Division rules at this time.

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.

Human Trafficking Awareness Information Program Permanent Rule
This rule creates the Human Trafficking Awareness Information Program which will allow non-profit organizations the opportunity to provide, install, and maintain informational posters on services available to victims of human trafficking in Department rest areas. This rulemaking action makes permanent a temporary rule that is effective August 17, 2018 through February 12, 2019.
Rule adopted: 734-030-0030
Date filed: December 7, 2018
Effective date: February 12, 2019

Outdoor Advertising Sign Program Annual Permit Renewal Fee Changes
Amendment of OAR 734-059-0100 will increase the cost of outdoor advertising sign permit annual renewal fees by approximately 13.5% per permit.
Rule amended: 734-059-0100
Filed and effective: November 2, 2018

PUBLISHED HIGHWAY DIVISION RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 734.

​PROPOSED MOTOR CARRIER RULES
These proposed rule changes are open for public comment. Send any written comments to the ODOT Rules Coordinator.

Consumer Price Index Replacement (Permanent rule)
This rulemaking action makes permanent the temporary rule changes adopted on February 21, 2019. The moving of household goods has been a historically regulated service at both the state and federal levels. The regulation is intended to protect consumers who generally have little or no experience using a motor carrier service. It was meant to ensure that consumers have good, stable service available at reasonable rates, rather than an oversupply of service providers who could drive rates down to unsustainable levels and to eliminate those who use unscrupulous business practices. In 2005, ODOT hired a consultant economist to determine if there was a different methodology that could be used for approving tariff rate increases. The analysis conducted found there was a correlation between the Consumer Price Index, All Items for All Urban Consumers, Portland-Salem (CPI-U), and the rate analysis that had traditionally been used. The economist concluded that adjusting rates based upon the CPI-U would produce a similar result to the traditional rate analysis. The CPI-U methodology also simplified the process for approving rate increases and required less staff time. ODOT adopted the methodology and began allowing rate increases in collective rate tariffs based upon successive CPI-U increases in collective tariffs that contained rates that had previously been legitimized. In 2018, the U.S. Bureau of Labor Statistics (BLS) introduced a new geographic areas sample for the Consumer Price Index (CPI). The Consumer Price Index, All Items for All Urban Consumers, Portland-Salem (CPI-U) was removed as a geographic area. The Consumer Price Index, West Region was researched and found to be a comparable index in lieu of the deleted index.
Rule to be amended: 740-050-0610
Last date for public comment: May 21, 2019
Anticipated date of OTC approval: June

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.​

Adoption of federal safety and hazardous materials transportation regulations affecting motor carriers​
These rules contain the annual adoption of federal motor carrier safety and hazardous material regulations. The rules cover the adoption of international standards related to driver, vehicle and hazardous materials out of service violations. The changes are necessary to ensure Oregon’s motor carrier safety, hazardous materials, driver, vehicle and hazardous materials out-of-service requirements are current with national and international standards. OAR 740-100-0010(2)(g) was moved to OAR 740-100-0010 (2)(j) for administrative convenience.
Rules amended: 740-100-0010, 740-100-0065, 740-100-0070, 740-100-0080, 740-100-0085, 740-100-0090, 740-100-0100, 740-110-0010
Filed and effective: April 23,2019

Consumer Price Index Replacement (temporary rule)
The moving of household goods has been a historically regulated service at both the state and federal levels. The regulation is intended to protect consumers who generally have little or no experience using a motor carrier service. It was meant to ensure that consumers have good, stable service available at reasonable rates, rather than an oversupply of service providers who could drive rates down to unsustainable levels.

In 2005, ODOT hired a consultant economist to determine if there was a different methodology that could be used for approving tariff rate increases. The analysis conducted found that there was a correlation between the Consumer Price Index, All Items for All Urban Consumers, Portland-Salem (CPI-U), and the rate analysis that had traditionally been used. The economist concluded that adjusting rates based upon the CPI-U would produce a similar result to the traditional rate analysis.  The CPI-U methodology also simplified the process for approving rate increases and required less staff time. ODOT adopted the methodology and began allowing rate increases in collective rate tariffs based upon successive CPI-U increases in collective tariffs that contained rates that had previously been enacted in 1999.

In 2018, the U.S. Bureau of Labor Statistics (BLS) introduced a new geographic areas sample for the Consumer Price Index (CPI). The Consumer Price Index, All Items for All Urban Consumers, Portland-Salem (CPI-U) was removed as a geographic area. ODOT and BLS has researched the Consumer Price Index, West Region and found it to be a comparable index. The index needs to be incorporated into the rule.
Rule amended: 740-050-0610
Effective dates: February 21, 2019 through August 19, 2019

Annual Readoption of IRP, IFTA and HVUT Regulations
The proposed amendment of OAR 740-200-0010 constitutes an adoption of the rules of the International Registration Plan (IRP) to the date of January 1, 2019. Title 26 Code of Federal Regulations Part 41 (HVUT) requires the State to confirm proof of payment of the tax, and require proof of payment by the State as a condition of issuing a registration for a highway motor vehicle. The amendment of OAR 740- 740-200-0020 adopts HVUT and amendments with the effective date of January 1, 2019, and ensures Oregon remains current with national commercial motor vehicle registration standards. International Fuel Tax Agreement (IFTA) and associated material 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 740-200-0040 adopts the most recent version of IFTA and associated material as the procedures and guidelines for Oregon-based IFTA participants with the effective date of January 1, 2019 to ensure Oregon remains current with the international IFTA standards.
Rules amended: 740-200-0010, 740-200-0020, 740-200-0040
Date filed: : December 7, 2018
Effective date: January 1,2019

PUBLISHED MOTOR CARRIER RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 740 or 734.​​. Under Browse by Chapter, select chapter 740 or 734.

​​

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 can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 732.

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 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.

There are no recently adopted Rail Division rules at this time.

PUBLISHED RAIL DIVISION RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 741.

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 for public comment 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.

Oregon Ignition Interlock Device Oversight Program (permanent rules)
These rules will establish the statewide ignition interlock device oversight program as required by House Bill 2638, which went into effect July 1, 2018. The program will provide DUII offenders with statewide access to service centers for ignition interlock device service. The oversight will create a safe and transparent environment for offenders to access all device services, in addition to an added accountability for device performance and reporting. The old program rules will be permanently repealed.
Rules adopted: 737-005-0105, 737-005-0110, 737-005-0115, 737-005-0125, 737-005-0130, 737-005-0135, 737-005-0140, 737-005-0145, 737-005-0150, 737-005-0155, 737-005-0160, 737-005-0165, 737-005-0170, 737-005-0175, 737-005-0180
Rules repealed: 737-005-0000, 737-005-0010, 737-005-0011, 737-005-0012, 737-005-0021, 737-005-0022, 737-005-0023, 737-005-0024, 737-005-0026, 737-005-0027
Temporary rules suspended: 737-005-0100, 737-005-0120
Filed and effective: January 17, 2019

PUBLISHED TRANSPORTATION SAFETY RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 737.

 

​"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.

There are no proposed rules in this category at this time.

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 this category at this time.

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

Revisions to ODOT's Procurement Rules in Chapter 731, Divisions 146, 147 and 148
ODOT adopted DOJ Model Rules (OAR 137-046-0100 to OAR 137-046-0480). In addition, changes to division 146 (General Provisions Related to Public Contracting) rules were needed to allow ODOT the ability to manage procurements more efficiently with standardized processes and to eliminate unnecessary rules. Changes to division 147 (Public Procurement for Goods and Services General Provisions) rules were needed to allow ODOT the ability to manage procurements more efficiently with standardized processes, to eliminate unnecessary rules, and to provide clarity on Sole Source Procurements. ODOT adopted DOJ Model Rule (OAR 137 Division 47) with the exception of OAR 137-047-0275, 137-047-0330, 137-047-0460, 137-047-0470, 137-047-0710, and 137-047-0800. Changes to division 148 (Consultant Selection: Architectural, Engineering, Land Surveying and Related Services Contracts) rules were needed to allow ODOT to award architectural, engineering, land surveying and related services (A&E) contracts in a more efficient and expeditious manner, including procurements on behalf of units of local government, and to eliminate unnecessary rules.
Rules adopted: 731-146-0016, 731-146-0150, 731-146-0160, 731-146-0170, 731-146-0180, 731-146-0200, 731-146-0210, 731-148-0100, 731-148-0110, 731-148-0130, 731-148-0200, 731-148-0205, 731-148-0210, 731-148-0215, 731-148-0220, 731-148-0230, 731-148-0240, 731-148-0250, 731-148-0260, 731-148-0270, 731-148-0300
Rules amended: 731-146-0010, 731-146-0012, 731-146-0025, 731-146-0030, 731-146-0050, 731-146-0060, 731-146-0130, 731-146-0140, 731-147-0010, 731-147-0055
Rules repealed: 731-146-0015, 731-146-0020, 731-146-0040, 731-146-0070, 731-146-0080, 731-146-0090, 731-146-0100, 731-146-0110, 731-146-0120, 731-147-0020, 731-147-0030, 731-147-0035, 731-147-0040, 731-147-0050, 731-148-0010
Filed and effective: February 21, 2019

PUBLISHED ODOT RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 731.

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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