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Administrative Rules

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.

​There are no proposed rules in this division at this time.

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.​

​There are no recently closed rules at this time.

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

Annual adoption of federal regulations and housekeeping
These amendments adopt the 1/1/22 regulations for IRP, HVUT and IFTA. Housekeeping changes include correction of form names, update of web address and removal of dated references.
Rules amended: 740-015-0020, 740-015-0030, 740-015-0100, 740-035-0145, 740-200-0010, 740-200-0020, 740-200-0040
Filed and effective: November 23, 2021

​​​​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.

CDL Entry Level Driver Training Requirements
Recent legislation requires DMV establish, by rule, requirements for entry-level commercial motor vehicle driver training. Entry-level drivers are applicants for a Class A or Class B Commercial Driver License (CDL), or a CDL hazardous materials, passenger, or school bus endorsement for the first time. DMV will ensure the applicant completes all ELDT requirements before issuance of a Class A or B CDL or listed CDL endorsement.  The ELDT requirements apply to applicable commercial driving privileges issued on or after February 7, 2022.
Rules proposed: 735-001-0050, 735-060-0003, 735-060-0055, 735-060-0105, 735-060-0145, 735-063-0205, 735-063-0260, 735-063-0262, 735-063-0290
Last date for public comment: December 21, 2021
​Anticipated date of OTC approval: January 13, 2022

Motorcycle Rider Education Courses
Recent legislation authorizes DMV to approve motorcycle rider education courses from outside of Oregon.  The law allows DMV to waive the knowledge test and skills test requirements for applicants who apply for a motorcycle endorsement if the applicant completed an out-of-state motorcycle rider education course while temporarily residing outside of this state as long as the applicant is domiciled in or a resident of this state.​
Rules proposed: 735-062-0002, 735-062-0040, 735-062-0078, 735-062-0080, 735-062-0140
Last date for public comment: December 21, 2021
​Anticipated date of OTC approval: January 13, 2022

​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 rules at this time.

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

Emergency Contact Form
HB 3125 requires DMV to create an emergency contact information form and make it available to individuals. DMV would only disclose the emergency contact information to a police officer when the individual is killed, seriously injured or rendered unconscious and is unable to independently communicate with police officers.
Rule adopted: 735-018-0180
Filed and effective: November 23, 2021

Posessory Lien Foreclosure
HB 2311 requires possessory lien claimants to file with DMV a surety bond or irrevocable letter of credit in the amount of $20,000, provide a yearly certification of continued coverage, and to file a new surety bond or irrevocable letter of credit with DMV within three days after the date of any recovery against the surety bond or irrevocable letter of credit.
Rule adopted: 735-020-0014
Filed and effective: November 23, 2021

Replacement Title Transactions
DMV removed the requirement that all parties listed on the vehicle certificate of title sign the application for replacement title before DMV will issue a replacement certificate of title for the vehicle. Since a replacement title does not change vehicle ownership and transfer of ownership would still require all owner signatures, this efficiency poses no risk to vehicle ownership.
Rule amended: 735-026-0000
Filed and effective: November 23, 2021

Odometer Disclosure
HB 3055 gives DMV the authority to exempt vehicles from the odometer disclosure requirements in accordance with federal laws, rules or regulations.
Rules amended: 735-028-0000, 735-028-0005, 735-028-0010, 735-028-0090
Filed and effective: November 23, 2021

Deaf or Hard of Hearing Indicator
DMV amended its rules to include that a person can add information on the driver license or registration card that the registered owner, or a person who may operate a vehicle, is deaf or hard of hearing.
Rules amended: 735-030-0105, 735-062-0110
Filed and effective: November 23, 2021

Replacement of Single Vehicle Registration Plate
HB 3055 gives DMV the authority to replace a single registration plate, including as a duplicate configuration, rather than replace both registration plates when the owner requests DMV to issue a single duplicate registration plate.
Rule amended: 735-032-0000
Filed and effective: November 23, 2021

Identification Card Issuances to Applicants Experiencing Homelessness​
HB 3026 requires DMV to issue identification cards free of charge to applicants who are experiencing homelessness. The applicant must present to DMV a form that was completed by a nonprofit organization certifying the applicant is experiencing homelessness to qualify for the fee waiver.
Rule adopted: 735-062-0133
Filed and effective: November 23, 2021

Ending COVID-19 Medical Qualification and TSA Waivers
DMV amended two of its rules to permanently restore the requirement that CDL-required excepted interstate and non-excepted intrastate CMV operators provide proof of medical qualification to DMV in order to maintain a CDL or CLP and to remove outdated language that allowed certain CDL operators with a hazardous materials endorsement (HME) an additional 180 days to file a TSA security threat assessment (STA) with DMV before cancellation of the operators’ CDL.
Rules amended: 735-063-0220, 735-063-0290
Filed and effective: November 23, 2021

Vehicle Registration Suspensions
HB 3055 repeals ORS 809.020 and 809.080. As a result, DMV repealed OAR 735-070-0050 because the statutory authority for the agency’s rulemaking was provided by ORS 809.020.
Rule repealed: 735-070-0050
Filed and effective: November 23, 2021

Vehicle Dismantler Catalytic Converter Civil Penalty​​
SB 803 authorizes DMV to impose a civil penalty on a dismantler that acquires a catalytic converter, or a component of a catalytic converter, that has been removed from a vehicle and is offered for sale as an independent item, separate and distinct from a vehicle acquisition; or fails to maintain records for three years from the date of acquisition of a major component part, including the sale or disposal of a catalytic converter.
Rules amended: 735-152-0000, 735-152-0031, 735-152-0060
Filed and effective: November 23, 2021

Fire Inspector’s Report for Dismantler Certificate​​
DMV updated its rules concerning dismantler certificates to ensure the environmental safeguards placed on the industry are not circumvented, to ensure dismantlers are provided adequate time to submit the required fire inspection report, and to enable DMV’s enforcement of the requirement without using overly punitive actions.
Rules amended: 735-152-0005, 735-152-0007
Filed and effective: November 23, 2021

Hardship Permits
On the effective date of this rulemaking DMV will begin accepting hardship permit applications and other necessary information online using https://DMV2U.oregon.gov, making it easier for a segment of the population to submit hardship applications.
Rules amended: 735-018-0020, 735-064-0040, 735-064-0080, 735-064-0090
Filed and effective: September 13, 2021

Titling Former Park Model Recreational Vehicles (temporary)
Oregon Laws 2021, chapter 157 authorizes DMV to issue Oregon vehicle titles to vehicles that no longer meet the definition of park model recreational vehicle (PMRV) if they met the definition of PMRV when originally manufactured and were used as living quarters on or before January 1, 2021. The law also prohibits DMV from issuing vehicle registration to these vehicles.
Rule amended: 735-022-0140
Rule adopted: 735-022-0160
Date filed: September 13, 2021
Effective: September 13, 2021 through March 11, 2022

Road Usage Charge Program (temporary)
HB 3055 requires DMV to establish by rule the circumstances in which a person who is removed from the road usage charge (RUC) program is required to pay an additional amount that would have otherwise been due with respect to the subject vehicle. The additional fee can be a portion of or equal to the amount of the fee previously waived.
Rule adopted: 735-030-0125
Date filed: September 13, 2021
Effective: September 25, 2021 through March 23, 2022

Custom Registration Plate Surrender
DMV amended these rules to give owners of vehicles with custom plates more time to renew the vehicle's registration. Owners had only 30 days beyond expiration to renew their registration. HB 2137 and these rules will extend that to 180 days.
Rules amended: 735-046-0010, 735-046-0030 
Filed and effective: September 13, 2021

Facial Recognition Software and False Applications for Driver Licenses, Driver Permits and ID Cards
Applicants for a driver license, driver permit, or ID card must establish their identity by passing a biometric check through DMV’s facial recognition software (FRS). An applicant’s identity is established when their photo matches the existing photos, if any, on the applicant’s record and does not match any photo on any other DMV record. With this rule change a suspension for failure to establish identity will only be ordered if DMV has additional information that supports a determination that the person has committed another offense, such as identity theft.
Rules amended: 735-062-0016, 735-070-0004, 735-070-0010
Filed and effective: September 13, 2021

Psilocybin and Cannabis Added to Problem Conditions and Psilocybin to Definition of Intoxicants
DMV updated its rules to include the term "psilocybin" when referencing problem conditions and intoxicants. Cannabis was also added to the list of problem conditions in OAR 735-062-0007.
Rules amended: 735-062-0007, 735-064-0005, 735-074-0120, 735-074-0180, 735-076-0000, 735-076-0002, 735-076-0005, 735-076-0007, 735-076-0020
Filed and effective: September 13, 2021

Online Driver License, Driver Permit and ID Card Renewals and Vision Requirements
These rules were amended to allow DMV to renew driver licenses, driver permits and ID cards using DMV’s DMV2U website at every other renewal. Also, until June 2, 2023 customers 50+ years old who renew their driver license or permit online will not need to take a vision screening.
Rule adopted: 735-018-0170
Rules amended: 735-018-0010, 735-062-0060, 735-062-0125
Filed and effective: September 13, 2021

Driver License and ID Card Renewal and Knowledge Tests
DMV amended these rules to align with HB 2137, sections 4-7, which take effect June 5, 2021. Two of the rules extend the timeframe in which a customer may renew an expired driver license from one year to two years. The third rule clarifies the circumstances in which a person surrendering an out of state CDL would not be required to pass a knowledge test for a Class C non-commercial license.
Rules amended: 735-001-0062, 735-062-0090, 735-063-0260
Filed and effective: July 16, 2021​

Real ID Modernization
These amended rules regarding Real ID issuances will reduce applicant burdens and the length of time it takes to complete the application process for a Real ID credential and align the rules with new federal requirements.
Rules amended: 735-062-0001, 735-062-0006, 735-062-0008, 735-062-0011, 735-062-0090, 735-062-0110
Filed and effective: July 16, 2021​

Proof of Residence Address
With this rule change DMV will accept an Oregon vehicle title or registration document as proof of residence address from any applicant applying for a driver license, driver permit or identification card as long as the document contains the applicant’s first name, last name, and current residence address.
Rules ​amended: 735-062-0030, 735-062-0031
Filed and effective: July 16, 2021​​

​​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​​.​

Delegating Speed Zone Investigations and Setting Speeds for Public Roads to Local Public Agencies
The Legislature recently amended ORS 810.180 to authorize the ODOT to delegate authority for conducting speed zone investigations and set speeds on public roads to cities and to Clackamas and Multnomah Counties. These rule changes establish the process to be used by public agencies to request authority to set speeds.
Rules proposed: ​734-020-0013, 734-020-0014, 734-020-0015
Last date for public comment: January 21, 2021
Anticipated date of OTC approval: March 10, 2022

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.​

There are no recently closed rules in this division at this time.

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

POW/MIA Eligibility for Roadside Memorial Sign Program
HB 2700 allows for those designated as either a prisoner of war or unaccounted for by the Defense POW/MIA Accounting agency to be eligible for a sign in ODOT’s Roadside Memorial Sign Program without a resolution passed by the Oregon Legislature.
Rule amended: 734-026-0030
Filed and effective: November 23, 2021

Variable Speed Zones and Interstate Speed Limits​
This rulemaking removes outdated provisions and establishes locations of new variable speed limits on Interstate 5 in the Siskiyous.
Rules amended: 734-020-0018, 734-020-0019
Filed and effective: July 19, 2021

​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​.

STIF OAR Revisions for STF/STIF Consolidation
Rules have been amended 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.​
Rules proposed: 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
Last date for public comment: December 21, 2021
Anticipated date of OTC approval: January 13, 2022

​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.

Rural Veterans Healthcare Transportation Grant Program
This amendment is needed to bring the existing eligibility rule into alignment with the superseding authority of House Bill 2139, signed by Governor Brown, July 14, 2021.
Rule proposed: 732-020-0050
Anticipated date of OTC approval: January 13, 2022

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

​There are no recently adopted rules in this division at this time.

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​.

There are no proposed Transportation Safety rules 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.

Adoption of Federal Motor Vehicle Safety Standards​​
This rulemaking adopts the federal standards for vehicle lighting by reference and updates to the 2016 edition found at CFR Title 49, Part 571.
Rule to be amended: 735-108-0000
Filed and effective: July 16, 2021

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​.

​There are no proposed Rail 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 rules at this time.

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

State Safety Oversight of Rail Fixed Guideway Public Transportation Systems
Historically, one set of rules related to the State Safety Oversight Program have covered both those rail transit agencies (RTAs) that receive funding from the Federal Transit Administration (Federal RTAs) and those RTAs that don’t (State RTAs). With this rulemaking, the rules related to state RTAs are being separated and moved to a new division 65.
Division 60:
Rules adopted: 741-060-0079, 741-060-0098
Rules amended: 741-060-0010, 741-060-0020, 741-060-0030, 741-060-0040, 741-060-0070, 741-060-0072, 741-060-0076, 741-060-0078, 741-060-0090, 741-060-0092, 741-060-0100, 741-060-0101, 741-060-0102, 741-060-0103, 741-060-0105, 741-060-0107
Rules repealed: 741-060-0074, 741-060-0110
Division 65:​​
Rules adopted: 741-065-0010, 741-065-0020, 741-065-0030, 741-065-0040, 741-065-0070, 741-065-0072, 741-065-0074, 741-065-0076, 741-065-0078, 741-065-0090, 741-065-0092, 741-065-0094, 741-065-0100, 741-065-0101, 741-065-0102, 741-065-0103, 741-065-0105, 741-065-0107, 741-065-0110
Filed and effective: ​July 19, 2021

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.

Restrictions on the Use of Diesel Vehicles and Equipment on Certain Public Improvement Contracts (Clean Diesel rules)
Recent legislation authorizes ODOT to adopt administrative rules relating to the use of diesel engines on site and in the course of performing a public improvement contract. In the development of administrative rules ODOT is required to, and has, considered minimum standards established by the Oregon Department of Environmental Quality, pursuant to Oregon Laws, Chapter 645.
Rules proposed: 731-005-0430, 731-005-0800, 731-149-0020
Public Hearing: December 16, 2021 at 10:00am (see notice at the link above for details)
​Last date for public comment: December 21, 2021 at 5:00pm
Anticipated date of OTC approval: January 13, 2022

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 at this time.

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

Repeal of Chapter 731, Division 60 in its Entirety
HB 3055, section 129 repeals ORS 184.631 which was ODOT's authority for the Commercial Products Research and Development Program. With the repeal of ORS 184.631 ODOT has repealed OAR chapter 731 division 60 in its entirety. The program has been effectively dormant since March 2008.
Rules repealed: 731-060-0000, 731-060-0010, 731-060-0020, 731-060-0030, 731-060-0040, 731-060-0050, 731-060-0060, 731-060-0070
Filed and effective: November 23, 2021

Sales of Tax-Exempt Motor Vehicle Fuels to ODOT-Certified Indian Tribes​​
HB 3055 provides for licensed Motor Vehicle Fuel Dealers to sell tax-exempt motor vehicle fuels to ODOT-certified Indian tribes, Tribal entities, and Tribal member entities. Section 165(5) of the bill requires ODOT to adopt rules prescribing the processes, forms and information that the forms must include for the certification.
Rule amended: 735-170-0000
Rules adopted: 735-170-0075, 735-170-0085
Filed and effective: November 23, 2021

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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