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 rules in this division 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.
Real ID Act and DMV's System Modernization Project
DMV will begin offering an optional Real ID compliant driver license, driver permit or ID card to eligible applicants beginning July 6, 2020 in conjunction with the rollout of phase II of DMV’s system modernization project.
Rules to be amended: 735-001-0062, 735-016-0060, 735-062-0001, 735-062-0002, 735-062-0090, 735-062-0110, 735-062-0125, 735-062-0160, 735-063-0200, 735-063-0205, 735-063-0260, 735-063-0265
Rules to be adopted: 735-062-0006, 735-062-0008, 735-062-0011, 735-062-0022, 735-062-0023, 735-062-0031, 735-063-0268
Anticipated date of OTC approval: May 14, 2020
Real ID Fee
A separate but related rule adoption sets the fee for the enhanced credential at $30.
Rule to be adopted: 735-062-0295
Anticipated date of OTC approval: May 14, 2020
Electronic Record Inquiry during Application for an Oregon Title or Salvage Title
With the passage of SB 57, DMV must deny issuance of an Oregon title if the vehicle record available through an electronic record inquiry (NMVTIS) returns a status of "junk" or comparable language. The purpose is to prevent the introduction or reintroduction of stolen motor vehicles into interstate commerce; protect states and individual and commercial consumers from fraud; reduce the use of stolen vehicles for illicit purposes, including fundraising for criminal enterprises; and provide consumer protection from unsafe vehicles.
Rules to be amended: 735-020-0070, 735-024-025, 735-024-0030
Anticipated date of OTC approval: TBD
RECENTLY ADOPTED DMV RULES
These rule changes have been adopted approximately within the last six months.
Acceptable Primary Ownership Documents for the Purpose of Perfecting a Security Interest
OAR 735-020-0010 specifies the documents DMV will consider as primary ownership documents for the purpose of perfecting the security interest in a vehicle. As a result of exposed fraud, DMV is no longer satisfied (confident) that the person submitting a dismantler (wrecker) bill of sale is the owner of the vehicle and entitled to have a title issued in the applicant’s name. These rule changes remove the dismantler (wrecker) bill of sale from the list of acceptable primary ownership documents that can be used for the purpose of transferring title if it is not on a controlled form issued by the jurisdiction, contains information that is unverifiable, or does not contain language regarding the truth and accuracy of the information contained on the form.
Rule amended: 735-020-0010
Filed and effective: April 3, 2020
Eliminating Proof of Address Requirement for Replacement Driver License, Permit and ID Card
Currently DMV only issues replacement driver licenses, driver permits and ID cards in field offices or DMV Headquarters and requires proof of address at the time of replacement. In an effort to streamline DMV services, reduce customer visits to DMV field offices, workload volumes at DMV Headquarters and develop a path for future online services, DMV is proposing to amend its rules to eliminate the proof of address requirement for replacement driver license, permit or ID card issuances.
Rules amended: 735-062-0030, 735-062-0110, 735-062-0120, 735-062-0125
Filed and effective: January 28, 2020
DMV customer records
With the passage of SB 57 DMV will no longer send out address change stickers when a person changes their address at DMV and is not applying for a new card; DMV will determine by rule the convictions that will appear on a person’s employment and non-employment driving record, and DMV will maintain driving records on each person the department determines requires an Oregon driving record to comply with federal regulations or provisions of the vehicle code.
Rules amended: 735-010-0110, 735-062-0105
Date filed: December 17, 2019
Effective date: January 1, 2020
Service of Notice for a Pending Suspension, Cancellation, or Revocation of Driving Privileges
To implement 2019 SB 57 the department established by rule the manner in which the department will serve a notice of suspension, notice of cancellation and notice of revocation. DMV is in the process of implementing a new computer system and the additional flexibility may enable DMV to provide the notices in a different manner in the future. However, currently the method of notification will remain the same as stated in the statute, except for the elimination of the personal service option.
Rule adopted: 735-010-0260
Date filed: December 17, 2019
Effective date: January 1, 2020
Recreational vehicles and park model recreational vehicles
This rulemaking implements SB 410 and HB 2333, making the following changes: DMV adopted OAR 735-022-0140 to further define recreational vehicle (including park model recreational vehicles), OAR 735-022-0150 to outline the process of obtaining an Oregon title for a park model recreational vehicle, and OAR 735-020-0090 to require the owner of a recreational vehicle being converted into a structure to surrender the vehicle’s title and registration, if applicable, to the department for cancellation.
Rules adopted: 735-020-0090, 735-022-0140, 735-022-0150
Date filed: December 17, 2019
Effective date: January 1, 2020
VIN Inspections
To implement HB 2333, DMV will issue a title for a Park Model Recreational Vehicle (PMRV) to owners who opt for a title and allow them to perform their own VIN inspection rather than bring it to DMV because of the large vehicle size. Owners will have to submit the appropriate form, fee, and an image of the VIN.
Rule amended: 735-022-0070
Date filed: December 17, 2019
Effective date: January 1, 2020
Use Tax for Vehicles Purchased by Car Rental Company
To implement HB 2592, DMV will issue title or registration for a taxable motor vehicle without receiving or viewing proof that the use tax has been paid whenever a car rental company purchases and then titles the vehicle using an electronic integrator.
Rule amended: 735-030-0025
Filed and effective: December 17, 2019
Calculating Combined MPG for Title and Registration Transactions
These amendments establish the method the department will use to determine the combined MPG rating for each vehicle as required by ORS 803.091 and ORS 803.422. Beginning January 1, 2020, customers must pay an additional title and registration fee based on the vehicle’s MPG. Additionally, the adoption of 735-030-0115 clarifies the method DMV will use to exempt vehicles with a rating of 40 miles per gallon or greater whose owners are enrolled in the OReGO program from the additional registration fee.
Rule amended: 735-030-0045
Rule adopted: 735-030-0115
Date filed: December 17, 2019
Effective date: January 1, 2020
Vehicle Trip Permits
This rulemaking implements SB 57 to require an applicant for a light vehicle trip permit, a recreational vehicle trip permit for a motor vehicle, or a trip permit issued under ORS 803.600(2) to submit proof indicating that the vehicle is covered by an insurance policy that meets the requirements of ORS 806.080 and will continue to be covered by the policy for as long as the permit is valid. The rule amendments identify the acceptable proof.
Rules amended: 735-034-0010, 735-034-0050, 735-150-0040, 735-150-0080
Date filed: December 17, 2019
Effective date: January 1, 2020
Car Rental Company Application for Vehicle Registration without Primary Ownership Record
DMV adopted OAR 735-040-0140 to carry out the provisions of SB 807 which authorizes DMV to issue registration plates for a motor vehicle when a car rental company submits an application for vehicle registration through an integrator and certain conditions are met, even though the car rental company does not include the primary ownership record for the motor vehicle.
Rule adopted: 735-040-0140
Date filed: December 17, 2019
Effective date: January 1, 2020
Proof of Compliance with Financial Responsibility Requirements
These rule changes incorporate recent statutory language, define what constitutes proof of compliance with financial responsibility when registering a vehicle or filing an accident report and expand upon the former statutory provisions including additional ways to demonstrate compliance.
Rules amended: 735-050-0050, 735-050-0055
Date filed: December 17, 2019
Effective date: January 1, 2020
CDL Third Party Testing Program Business Process Alignment
DMV has a commercial driver license (CDL) third party testing program that allows qualified entities to administer CDL skills tests to those applicants needing to obtain an Oregon CDL. These permanent rule amendments replace temporary rules and make a few corrections to those rules.
Rules amended: 735-060-0001, 735-060-0003, 735-060-0030, 735-060-0040, 735-060-0050, 735-060-0051, 735-060-0055, 735-060-0057, 735-060-0090, 735-060-0095, 735-060-0100, 735-060-0101, 735-060-0105, 735-060-0115, 735-060-0120, 735-060-0130, 735-060-0145
Filed and effective: December 17, 2019
Restrictions on Driver Licenses and Removal of Probationary Permit Language
DMV amended OAR 735-062-0087 to discontinue the ‘F’ restriction on the driver license of a person who is deaf or has extremely limited hearing. DMV does not administer a hearing test and does not otherwise require documentation of hearing capability for purposes of granting driving privileges and therefore determined there was not good cause for this particular restriction. In 2018, SB 1538 streamlined the hardship permit process and eliminated all statutes relating to a probationary permit. This rule was missed in the first round of amendments, so DMV has also deleted a reference to probationary permits.
Rule amended: 735-062-0087
Date filed: December 17, 2019
Effective date: January 1, 2020
Hardship Permits for Necessary Services
To implement HB 3214 DMV amended its rules to allow "necessary services" on hardship driver permits for customers who qualify. The amendments define necessary services, determine the days and times in which a person with this restriction can operate a motor vehicle, and specify when a customer with a hardship permit can obtain fuel.
Rules amended: 735-064-0005, 735-064-0040, 735-064-0060
Date filed: December 17, 2019
Effective date: January 1, 2020
Update of Language Related to Nurse Practitioners
SB 64 required that OAR language be updated to accurately describe which nurses are qualified to certify emergency driver permits and persons with disabilities parking placard applications. Changes implemented include changing the title of "certified nurse practitioner" to "licensed nurse practitioner" in the rules.
Rules amended: 735-064-0230, 735-080-0046
Filed and effective: December 17, 2019
Removes Language Related to Fees for Non-Photo Parking Identification Cards
These two rules describe the process of applying for and renewing non-photo parking identification cards for individuals with disabilities so significant that they are unable to appear in person at a DMV field office to obtain photo identification. Oregon Laws 2019, Chapter 15 prohibits the department from charging a fee for issuing, renewing, or replacing parking identification cards. This rule update removed references to fees associated with non-photo parking identification cards.
Rules amended: 735-080-0060, 735-080-0070
Date filed: December 17, 2019
Effective date: January 1, 2020
Dismantler - Application Requirements, Fire Inspections, Agreements with Oregon DEQ and Convictions
This rulemaking implements SB 792 which: 1) Requires dismantlers to submit a fire inspection report to DMV each year; 2) Requires dismantlers to submit a fire response plan to DMV, including a description of any required DEQ permits; 3) Requires dismantlers to comply with any agreement with, order of, or program or process authorized by DEQ; and 4) Adds two additional bases for DMV to impose a civil penalty and/or sanction on a person holding a dismantler certificate.
Rules amended: 735-152-0000, 735-152-0005, 735-152-0020, 735-152-0040, 735-152-0050, 735-152-0060
Date filed: December 17, 2019
Effective date: January 1, 2020
Permits out-of-state driver license holders to become certified driver training school instructors
DMV amended these rules to permit out-of-state driver license holders to become certified driver training school instructors because DMV does not believe the changes will negatively impact public safety.
Rules amended: 735-160-0015, 735-160-0075, 735-160-0080, 735-160-0095
Date filed: December 17, 2019
Effective date: January 1, 2020
Plate Transfers for Wrecked Vehicles and Removal of Obsolete Hardship Permit Administrative Review References
DMV is implementing HB 2576 which requires the department to determine by rule the proof required to be submitted when an applicant submits one plate for transfer during application for a special interest vehicle registration when the department records show the plates are associated with a different vehicle in its records. Other changes update obsolete sections, remove references to repealed statutes and provide clarity.
Rules amended: 735-001-0050, 735-032-0020, 735-040-0000, 735-164-0010
Date filed: November 26, 2019
Effective date: January 1, 2020
Possessory Lien by an Auction Company and Resulting Title Transaction
DMV is proposing to amend two rules as a result of the 2019 passage of SB 759 so auction companies using the new possessory lien method adhere to the same requirements as other possessory liens.
Rules amended: 735-020-0012, 735-150-0250
Date filed: October 22, 2019
Effective date: November 1, 2019
Veterans’ Recognition Registration Plates
Oregon Laws 2019, chapter 224, section 9, amends ORS 805.105 to change "Oregon Veterans’ Home" to "Oregon Veterans’ Homes identified in section 1 of this 2019 Act." DMV is amending OAR 735-040-0080 to align the wording in rule with the new language in statute.
Rule amended: 735-040-0080
Date filed: October 22, 2019
Effective date: January 1, 2020
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.