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ODOT Division Rulemaking

 

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

Dimensional changes to towing vehicle definitions
These changes will allow the towing industry to more effectively recover vehicles from public Oregon Roadways, thereby reducing safety hazards, and improving service to the public.
Rules proposed: 734-076-0005, 734-076-0015, 734-076-0065, 734-076-0075, 734-076-0085, 734-076-0095, 734-076-0105, 734-076-0115, 734-076-0125, 734-076-0145, 734-076-0155, 734-076-0165, 734-076-0175, 734-076-0185
Last date for public comment: December 21, 2023
Anticipated date of OTC approval: January 24, 2024

Annual readoption of federal motor carrier rules (IRP, IFTA, HVUT)
The proposed amendments reflect the yearly adoption of rules of the International Registration Plan (IRP), United States Internal Revenue Service contained in 26 CFR Part 41 Heavy Vehicle Use Tax (HVUT), and the International Fuel Tax Agreement (IFTA) on the date of January 1, 2024.
Rules proposed: 740-200-0010, 740-200-0020, 740-200-0040
Last date for public comment: December 21, 2023
Anticipated date of OTC approval: January 24, 2024

RECENTLY CLOSED COMMERCE AND COMPLIANCE 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.​

Motor Carrier Education Program
These amendments are to clarify who must attend the legislatively-mandated training, what fees are involved, and the curriculum taught during the training.
Rules proposed: 740-035-0005, 740-035-0200, 740-035-0260
OTC approval: Approved September 14, 2022 but not yet filed

RECENTLY ADOPTED COMMERCE AND COMPLIANCE RULES
These rule changes have been adopted approximately within the last six months.​

Applying federal skills-testing regulations to CMV triple-trailer combination drivers
This amendment clarifies that drivers wanting to operate CMV triple-trailer-combinations must complete a skills test established in Part 380 of the Federal Motor Carrier Transportation Regulations which Oregon adopts by reference.
Rule amended: 734-074-0070
Filed and effective : September 19, 2023

Delegation of authority to issue single-trip permits for over-length trailers
This amendment allows the CCD Administrator to delegate written authority to certain CCD employees to issue over-length trailer permits to motor carriers. The ability to delegate allows the division to issue permits timely without having to escalate every request to the Division Administrator.
Rule amended: 734-082-0045
Filed and effective : September 19, 2023

​​​​​​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.​​​​​​

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

Disabled Person Parking Permits
DMV is amending these rules to align with current law and DMV's new computer system, in addition to clarifying the language for the reader.​
Rules proposed: 735-080-0011, 735-080-0020, 735-080-0040, 735-080-0046, 735-080-0060, 735-080-0070, 735-080-0080, 735-080-0100
Public hearing (virtual): December 18, 2024 from 10:00-12:30
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Last date for public comment: December 21, 2023
Anticipated date of OTC approval: January 24, 2024

​​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.

​There are no recently closed DMV rules at this time.

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

Updating Rules to Use Term “Intoxicant” as Defined in Oregon Laws (2023), Chapter 498
DMV proposes to amend these rules to use the term “intoxicant,” as defined in HB 2316, instead of “alcohol, cannabis, psilocybin, controlled substance or inhalants.”
Rules amended: 735-001-0062, 735-018-0160, 735-018-0165, 735-062-0007, 735-062-0008, 735-064-0005, 735-074-0180, 735-076-0000, 735-076-0020
Filed and effective: November 14, 2023

Vehicle Dealer Certificate Issuance and Renewal
ORS 822.020 and 822.040 were amended in the 2023 legislative session.  The law removed a section of ORS 822.040 concerning renewal of vehicle dealer certificate and placed it in ORS 822.020.  DMV proposes to amend Oregon administrative rules to align with the change in statute.
Rules amended: 735-022-0065, 735-040-0140, 735-150-0010, 735-150-0015, 735-150-0027, 735-150-0031, 735-150-0039, 735-150-0042, 735-150-0105, 735-150-0110, 735-150-0120, 735-150-0130, 735-150-0160, 735-150-0170
Filed and effective: November 14, 2023

Vehicle Identification Number (VIN) Inspections, Custom and Special Interest Registration Plates
Recent amendments to Oregon law permit DMV to determine which special interest plates are available for issuance, remove information regarding the transfer of registration plates that are not from a current issue of plates as custom plates under the provisions of ORS 805.242, and made small changes to the authority for law enforcement and others to conduct VIN inspections.​
Rules amended: 735-022-0070, 735-040-0000, 735-046-0000, 735-046-0010
Filed and effective: November 14, 2023

HB 2100 (2023) Plate Manufacturing Fee and Free ID Card Issued to Applicants Experiencing Homelessness
The Legislature amended ORS 803.570 and requires DMV round up the plate manufacturing fee to the next higher dollar, instead of the next half-dollar like it said previously. The law also amended ORS 807.410 to permit state agencies, as defined in ORS 174.112, that provide services to individuals experiencing homelessness to complete a Determination of Homelessness form, which may be used by the person experiencing homelessness to obtain a free identification (ID) card.​
Rules amended: 735-032-0010, 735-062-0133
Filed and effective: November 14, 2023

Non-Commissioned Officers Association, Vietnam Veterans, and Gold Star Family Member Registration Plates
Oregon Laws 2023, Chapter 330 created the definition of “Gold Star Family member.”  DMV is amending OAR 735-040-0040 and 735-040-0090 to bring the rules into alignment with the new definition. DMV also proposes to amend OAR 735-040-0090 to add the Non-Commissioned Officers Association and the Vietnam Veterans of America registration plates to the list of plates that are only available to veterans. 
Rules amended: 735-040-0040, 735-040-0090
Filed and effective: November 14, 2023

Issuance of Limited Term CLP and CDL
DMV currently has a temporary rule in effect for OAR 735-063-0265 and 735-063-0268. This is a follow up permanent rulemaking. DMV needs to amend Oregon Administrative rule (OAR) 735-063-0265 to align with 49 CFR 383.71(f)(2)(i) for limited term non-Real ID Commercial Learner Driver Permit (CLP) and limited term non-Real ID Commercial Driver License (CDL). DMV needs to amend OAR 735-063-0268 to align with federal Real ID requirements and OAR 735-062-0022(6) for limited term Real ID CDL issuance.
Rules amended: 735-063-0265, 735-063-0268
Filed and effective: November 14, 2023

Emergency Driver Permit and Special Student Driver Permit Issuance
A recent law amendment changes the issuance requirements for an Emergency Driver Permit and a Special Student Driver Permit.  Previously, the applicant was required to obtain the endorsement of the sheriff in the county in which the applicant resides. DMV proposes to amend these rules to align the language with statute and require the applicant obtain the approval from the sheriff in the county in which the applicant resides during the issuance process.
Rules amended: 735-064-0230, 735-064-0235
Filed and effective: November 14, 2023

Off-Road Vehicle ​Windshield and Windshield Wiper Requirements
Newly amended language in Oregon law says that an off-road vehicle, except a motorcycle, being operated on a highway and has a windshield at least six inches above the steering wheel must be equipped with a windshield wiper. The new language also says that the windshield of an off-road vehicle, except a motorcycle, being operated off the highway must be unobstructed. DMV needs to update the windshield wiper section of the rule to align with the updated statutory language.
Rule amended: 735-116-0000
Filed and effective: November 14, 2023

Recent legislation amended Oregon law to permit DMV, by rule, to provide for the issuance of commercial driver training school certificates and driver training instructor certificates. These proposed rules prescribe the form and manner of the application, the minimum qualifications for the driver training instructor certificate, grounds and procedures for the denial of a certificate, criteria for revocations, suspensions and cancelations, and other matters the department considers necessary for the protection of the public. DMV moved all requirements that were in statute into rule.

Rules amended: 735-160-0003, 735-160-0005, 735-160-0010, 735-160-0011, 735-160-0015, 735-160-0020, 735-160-0030, 735-160-0035, 735-160-0040, 735-160-0050, 735-160-0075, 735-160-0080, 735-160-0095, 735-160-0100, 735-160-0110, 735-160-0115, 735-160-0125, 735-160-0130, 735-160-0140
Filed and effective: November 14, 2023

Voluntary Odometer Disclosure
DMV is aligning its rules with Oregon statute and federal requirements by no longer accepting voluntary odometer readings (unverified data) from customers and collecting odometer disclosures (verified data) until a vehicle is 20 years old rather than 10 years old.
Rules amended: 735-028-0000, 735-028-0005
Filed and effective: November 14, 2023

Motorcycle Skills Test Waiver
DMV is amending its rule to permit applicants from countries that have a reciprocal agreement with DMV (Germany, South Korea, Taiwan, and Japan) to obtain motorcycle endorsements without taking a motorcycle knowledge or skills test.
Rule amended: 735-062-0080
Filed and effective: November 14, 2023

Adding Restrictions and Continued Qualifications for Driving Privileges​
DMV is amending its rules to clarify that DMV may require a person to complete a drive test when DMV observes a physical or mental condition or impairment not previously known to DMV that may negatively impact the person’s ability to safely operate a motor vehicle in order for DMV to determine if a restriction of the person’s driver license is required.
Rules amended: 735-062-0087, 735-062-0090, 735-062-0110
Filed and effective: November 14, 2023

Release or assignment of interest in a vehicle
​This rulemaking clarifies that an applicant must submit an original document or a certified copy of the document when transferring an interest in an Oregon-titled vehicle and the person is releasing or assigning the interest.  DMV recognizes that there may be instances where the person is unable to obtain the original or certified copy.  In those instances, the proposed rule will permit DMV to accept a copy to transfer title and describe processes to protect any financial interest in the vehicle.​
Rule amended: 735-020-0075
Filed and effective: September 19, 2023

CDL third-party examinter testing out-of-state employees
DMV proposes to amend OAR 735-063-0260 to permit employers that provide training in Oregon and are also CDL third party testing businesses to administer CDL skills tests to their employees when the employee has a non-commercial driver license and commercial learner driver permit (CLP) issued by another state.
Rule amended: 735-063-0260
Filed and effective: September 19, 2023

Hardship permit for necessary services
DMV proposes amending OAR 735-064-0005 to change the definition of “necessary services.” The new definition of “necessary services” will include driving the applicant’s children to and from childcare. The rulemaking will also:
• Clarify that medical appointments described in 735-064-0040(5)(f) are beyond regular medical appointments already allowed in another section.
• Extend permissible times when driving is allowed for grocery shopping to include 5pm to 9pm.
• Remove restrictions regarding caring for an elderly family member.
Rules amended: 735-064-0005 and 735-064-0040
Filed and effective: September 19, 2023

Publication of the Vehicle Code Book
In an effort to reduce costs to the agency, DMV will no longer compile, publish or distribute the Vehicle Code Book. DMV repealed 735-012-0000, the rule that established the fee for the publication.
Rule repealed: 735-012-0000
Filed and effective: July 18, 2023

Recreational vehicle for use as temporary living quarters
DMV amended 735-022-0140 to add the definition of “temporary living quarters” and clarify that a vehicle is a recreational vehicle if the vehicle is designed for use as temporary living quarters, to be easily transported and set upon a daily basis and meets other vehicle parameters including cooking and sleeping facilities.
Rule amended: 735-022-0140
Filed and effective: July 18, 2023

Alignment of civil penalties with federally required minimum amounts for violation of out-of-service order​
DMV amended 735-070-0170 to bring its civil penalty amounts into compliance with federal regulations. The federal government has increased the minimum amount for a first violation from $3471 to $3740; it increased the minimum amount for second and subsequent violations from $6943 to $7481.
Rule amended: 735-070-0170
Filed and effective: July 18, 2023

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

RECENTLY CLOSED DELIVERY AND OPERATIONS 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.​

RECENTLY ADOPTED DELIVERY AND OPERATIONS RULES
These rule changes were adopted approximately within the last six months.

Fallen Hero Memorial Signs
Two recent legislative bills changed provisions of the fallen hero memorial sign program. HB 2144 changed the criteria for applying for a Fallen Hero roadside memorial sign by removing the requirement that remains must have been returned to Oregon. HB 3001 waived the fee for Fallen Hero roadside memorial signs for Gold Star Family member applicants.
Rules amended: 734-026-0020, 734-026-0030, 734-026-0045
Filed and effective: November 13, 2023

Bus on Shoulder Lanes on Freeways​​
Bus shoulder lanes will allow transit buses to use freeway shoulders to bypass congestion in certain cases, which can improve travel times and reliability of public transit services. Using bus shoulder lanes is one part of ODOT’s Urban Mobility Strategy.
Rule proposed: 734-020-0044
Filed and effective: November 14, 2023

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

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

​RECENTLY CLOSED PUBLIC TRANSPORTATION 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 transportation rules at this time.

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

STIF OAR Revisions for STF/​STIF Consolidation​​
Rules were amended in January 2022 in response to Senate Bill 1601 which directed ODOT to merge the Special Transportation Fund (STF) and Statewide Transportation Improvement Fund (STIF) programs. These rule amendments are required to ensure a smooth transition to one state-funded public transportation program effective July 1, 2023. The rules were intended to become effective on the same date but were inadavertently made effective upon filing.​ This rulemaking action is intended only to reset the effective date to July 1, 2023.
Rules changed: 732-040-0005, 732-040-0010, 732-040-0015, 732-040-0020, 732-040-0025, 732-040-0030, 732-040-0035, 732-040-0050, 732-042-0010, 732-042-0015, 732-042-0020, 732-042-0035, 732-044-0005
Filing date: May 24, 2022
Effective date: ​ July 1, 2023

PUBLISHED PUBLIC TRANSPORTATION 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 TRANSPORTATION SAFETY RULES
These proposed rule changes are open for public comment. Send any written comments to the ODOT Rules Coordinator​.

Safe Routes to School Program rules update
The proposed amendments incorporate changes suggested by the Safe Routes to School (SRTS) Advisory Committee due to the passage of House Bill 2099 during the 2023 Legislative session.
Rules proposed: 737-025-0010, 737-025-0011, 737-025-0012, 737-025-0020, 737-025-0030, 737-025-0040, 737-025-0050, 737-025-0060, 737-025-0070, 737-025-0080, 737-025-0090, 737-025-0091, 737-025-0092, 737-025-0093, 737-025-0094
Last date for public comment: December 21, 2023
Anticipated date of OTC approval: January 24, 2023

​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.

​There are no recently adopted Transportation Safety rules at this time.

NOTE: On July 1, 2019 the Oregon Ignition Interlock Device program previously in chapter 737, division 5 transferred to Oregon State Police, chapter 257, division 100.

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.

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

Short Line Railroad Rehabilitation Tax Credits
ODOT is amending these rules in compliance with 2023 Legislature’s House Bill 3406.
Rules proposed: 741-030-0020, 741-030-0025, 741-030-0030, 741-030-0040, 741-030-0050, 741-030-0055, 741-030-0060
Last date for public comment: December 21, 2023
Anticipated date of OTC approval: January 24, 2024

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 rules at this time.

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

​There ar no recently adopted Rail 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.​

​The term "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 for comment 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.

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

Mediation Confidentiality
ODOT needs to update its mediation confidentiality rule which has not changed since it was adopted in 2007. The agency will be adopting the DOJ model rule by reference.
Rule proposed: 731-001-0720
Filed and effective : October 3, 2023

General provisions related to Public Improvement Contracts for Construction Services
•  Removing language that limits ODOT’s adoption of DOJ Model Rules to the January 1, 2014, version.
•  Adding language to allow the use of a time-stamping machine.
•  Adding language that notes ODOT’s adoption of DOJ Model Rules for Alternative Contracting Methods, except for any DOJ Model Rules applicable to procurements of construction manager/general contractor services that are adopted under ORS 279A.065(3) and ORS 279C.337(1), for public improvements governed by OAR chapter 731, divisions 5 and 7.
Rule proposed: 731-149-0010
Filed and effective: November 13, 2023

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
503-509-2949
lauri.g.kunze@odot.state.or.us
355 Capitol Street NE, MS 51
Salem OR 97301

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