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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 draft rules for public comment 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.​

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.​

Variance Permits Issued to Two-Vehicle Combination Fire Suppression Emergency Vehicles
Amendments were made for compliance with the federal Fixing America’s Surface Transportation Act (FAST Act) and will allow road authorities to issue variance permits for two-vehicle configurations operating as emergency vehicles (as defined in the FAST Act) to operate on State and local roadways in addition to the federal highway system.  These variance permits are only for those fire suppression vehicles.
Rules amended: 734-082-0005, 734-082-0009
Filed and effective: May 15, 2023

Trailer Towaway and Automobile/Boat Transporter Provisions for FAST Act Compliance
​Changes to Division 71 and Division 73 were for compliance with sections 5520 and 5523 of the federal Fixing America’s Surface Transportation Act (FAST act). Changes include weight limitation for empty trailers in towaway operations, a new provision of rule defining tow-away trailers for pickup trucks, and overall length for stinger-steered automobile and boat transporters.
Rules amended: 734-071-0010, 734-071-0060, 734-073-0110, 734-082-0005, 734-082-0009​
Rule adopted: 734-071-0055​
Filed and effective: May 15, 2023

Requirement to Maintain Monthly CMV Total Distance and Total Taxable Distance Travelled​​
For purposes of efficient administration of and compliance with weight-mile tax, the Oregon Department of Transportation (ODOT) is allowing motor carriers to transition from monthly to quarterly mileage reporting. However, ODOT auditors need to examine samples of individual months applicable to any particular audit period. This amendment directs motor carriers to simply maintain a monthly summary of both total distances travelled and total taxable distances travelled. These summaries will allow auditors to quickly review specific months rather than all months within quarters.
Rule amended: 740-055-0120
Filed and effective: May 15, 2023

Annual Readoption of Federal Motor Carrier Safety Regulations and Out of Service Criteria
These amendments 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.
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: March 9, 2023

Penalties for Employers of Commercial Motor Vehicle Operators who Violate Out-of-Service Orders
This rulemaking will bring ODOT's penalties in line with FMCSA guidelines which require a $10,000 fine from the first violation when an employer knowlingly allows, permits, authorizes or requires a CMV operator to violate an out-of-service order. It also clarifies there will be no mitigation.
Rule amended: 740-300-0120
Rule repealed: 740-300-0130
Filed and effective: March 9, 2023​

Annual adoption IRP/IFTA/HVUT rules and general housekeeping​
These 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, 2023.
Rules amended: 740-200-0010, 740-200-0020, 740-200-0040
Filed and effective: January 12, 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.

There are no draft 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.

​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.​

Driver License Issuance, Mental or Physical Conditions, Problem Conditions
DMV previously asked questions during the application process to determine if an applicant has a vision, mental or physical condition or impairment, or problem condition involving alcohol, cannabis, psilocybin, controlled substances or inhalants.  DMV staff were often required to clarify the questions for the applicants. DMV rephrased the questions as statements that an applicant certifies are accurate.  This approach will eliminate the need for applicants to answer three separate questions and will reduce the likelihood that a customer erroneously indicates they have a problem condition or impairment.​
Rules amended: 735-001-0062, 735-018-0160, 735-018-0165, 735-062-0007, 735-062-0008, 735-076-0005, 735-076-0007
Filed and effective: May 15, 2023

Secure Forms: Odometer Disclosure and Secure Power of Attorney
In December 2022, DMV adopted OAR 735-028-0160 and amended OAR 735-028-0080 and 735-028-0110 under the Administrative Procedures Act’s temporary rule provision in ORS 183.335(5) because DMV was experiencing supply issues related to the availability of the carbon copy (multi-copy) paper needed to produce DMV’s Secure Power of Attorney form (DMV Form 402) and Secure Odometer Disclosure/Reassignment form (DMV Form 403).  To ensure continued availability of these forms, DMV adopted or amended these rules to permit the use of a more sustainable single-copy format that retains required security features, while continuing to permit the use of forms with the multi-copy format. This rulemaking made permanent the changes made in the temporary rulemaking, with a few additional changes.
Rules amended: 735-028-0070, 735-028-0080, 735-028-0090, 735-028-0110, 735-028-0125
Rule adopted: 735-028-0160​
Filed and effective: May 15, 2023

Driver License and Driver Permit Vision Tests at Renewal
DMV began offering Oregonians the option to renew their driver licenses online in May 2021. A rule amendment was passed at that time to temporarily allow applicants aged 50 years and older to renew their driver license online without requiring a vision test. This exception was made to provide applicants an option to avoid visiting a field office during the COVID-19 pandemic. OAR 735-062-0060(7) permits applicants 50 years old and older to renew online without requiring a vision test until June 3, 2023. After June 3, 2023, current rules will again require all applicants aged 50 years and older to complete a vision screening when renewing a driver license or driver permit.
Rules to be amended: 735-001-0062, 735-062-0060
Anticipated date of OTC approval: May 15, 2023

Lifting Restriction on Limited Term CDL Issuance to Legally Present Mexican and Canadian Citizens
These amendments will result in Oregon’s continued alignment with federal regulations and will no longer prohibit qualified and eligible applicants from obtaining an Oregon CDL.
Rules amended: 735-063-0265, 735-063-0268
Filed and effective: March 9, 2023

Driver License and ID Card Issuance, Reporting and Validity
These rule amendments ensure a person has only one standard or Real ID driver license or driver permit to help prevent fraud, and to meet the requirements of the Driver License Compact and Federal Regulations for Real ID issuances. The changes are also in accordance with the American Association of Motor Vehicle Administrators (AAMVA) recommended best practices.
Rules amended: 735-062-0007, 735-062-0010
Filed and effective: January 12, 2023

​Plate Manufacturing Fee Increase
The cost to manufacture a single plate has crossed the half-dollar threshold and requires the department to round up to the next half-dollar. The cost to manufacture a pair of plates has also increased and results in a one dollar increase, after rounding to the higher half-dollar. In addition to the cost of manufacturing, Oregon law requires the department to add $10 for a single plate and $20 for a pair of plates.
Rule proposed: 735-032-0010
Date filed: January 25, 2023
Effective date: February 1, 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​​.​

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

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 at this time.

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

​There are no recently adopted rules at this time.

​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​.

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.

​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​.

​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.

​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 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.​

Establishes ODOT's authority to designate contracts as Community Benefit Contracts under ORS 279C.308
Link to Community Workforce web pages
With adoption of this rule ODOT has established authority for the agency to designate up to eight public improvement contracts as CBCs consistent with the authority given in ORS 279C.308 and as part of ODOT’s Community Benefit Contract Pilot Program.
Rule adopted: 731-005-0900
Filed and effective: January 12, 2023

Administrative Exception Process for Consulting Services Previously Prohibited
Revisions to this rule provide additional details for the administrative exception process applicable to ODOT procurements and contracts, which must involve the Director of Transportation as the “appropriate authority.”
Rule amended: 731-148-0130
Filed and effective: November 17, 2022

Adminis​tration of Oregon Transportation Infrastructure Bank
Changes proposed provide greater flexibility for the Department to approve loans up to $5 million without OTC approval, consistent with thresholds provided in the Statewide Transportation Improvement Program.
Rules changed: 731-030-0030, 731-030-0050, 731-030-0100, 731-030-0110, 731-030-0120, 731-030-0130, 731-030-0150, 731-030-0170
Filed and effective: September 21, 2022

Emerging Small Business Procurements and Limit on Competition
The amendment of ORS 279A.142 raised the threshold for limiting competition to Emerging Small Business (ESB) from $100,000 or less to $250,000 or less. There is no reference in the bill to Goods and Services. ODOT proposes this new rule to prescribe the procedures for limiting competition for Goods and Services contracts funded by the Emerging Small Business Account.
Rule adopted: 731-147-0810
Filed and effective: September 21, 2022

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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