Administrative Rules

ODOT Division Rulemaking

DMV rulemaking

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

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 to be amended: 735-020-0012, 735-150-0250
Last date for public comment: September 23, 2019
Anticipated date of OTC approval: October 18, 2019

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
Last date for public comment: September 23, 2019
Anticipated date of OTC approval: October 18, 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 to be amended: 735-040-0080
Last date for public comment: September 23, 2019
Anticipated date of OTC approval: October 18, 2019

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.

Issuance of Sno-Park permits
As part of its computer system upgrade, DMV is expanding the options available to customers wanting to purchase a Sno-Park permit. In addition to purchasing a Sno-Park permit at a DMV office, through a Sno-Park permit agent, or by mail, it will soon be possible for customers to order and pay for Sno-Park permits through DMV’s website.
Rule to be adopted: 735-018-0140
Rules to be amended: 735-018-0070, 735-080-0000
Anticipated date of OTC approval: September 20, 2019

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

Oregon Automobile Liability Insurance Reporting (ALIR) Update
As part of DMV’s system modernization, DMV has established two ALIR instruction manuals for insurance company trading partners who are required by ORS 742.580 and 806.195 to submit automotive liability insurance records to DMV. Once the testing and development period for all of DMV’s insurance company trading partners has ended, DMV will repeal OAR 735-050-0129 and OAR 735-050-0130. Upon repeal, all insurance company trading partners will be subject to the insurance record reporting requirements set forth in OAR 735-050-0131.
Rules adopted: 735-050-0129, 735-050-0131
Rule amended: 735-050-0130
Filed and effective: July 22, 2019

How Convictions Count Toward a Habitual Offender Revocation
This rule describes how DMV calculates the number of traffic crimes and traffic violations for the purpose of imposing a habitual traffic offender revocation. DMV will revoke the driving privileges of a person for five years if the person has been convicted of three or more traffic crimes or 20 or more traffic violations within a five-year period. Multiple offenses resulting from one incident will count as one offense toward a habitual offender revocation.
Rule adopted: 735-070-0145
Filed and effective: June 21, 2019

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 determined that the cost to manufacture a pair of plates crossed the half-dollar threshold and required 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 amended: 735-032-0010
Date filed: May 20, 2019
Effective date: June 1, 2019

CDL Third Party Testing (temporary rule)
DMV has started working on a formal procurement process to better align business practices with state contract and procurement laws. A formal procurement will identify qualified businesses and award contracts to successful proposers authorizing them to administer CDL skills tests. These rule amendments must be in place prior to posting the Request for Proposal (RFP). The RFP is projected to post to ORPIN on June 6, 2019. Many of the amendments in this rulemaking align necessary terminology and testing program requirements with anticipated contracts, interagency agreements and intergovernmental agreements.
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
Date filed: May 20, 2019
Effective date: May 20, 2019 through November 15, 2019

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

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

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.

Highway Division rulemaking

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

Compensation for loss of an outdoor advertising sign resulting from a highway construction project
These new rules define key terms added to ORS 377, establish process and procedures resulting from statutory changes, and provide guidance for ODOT when outdoor advertising signs are impacted by a highway construction project.
Rules to be adopted: 734-064-0010, 734-064-0015, 734-064-0020, 734-064-0030, 734-064-0040, 734-064-0050, 734-064-0060, 734-064-0070
Public Hearing: September 19, 2019 at 11:00 am
ODOT Technical Leadership Center - Alsea Room
4040 Fairview Industrial Drive SE
Salem , OR 97302
Last date for public comment: September 23, 2019
Anticipated date of OTC approval: October 18, 2019

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
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

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.

Motor Carrier rulemaking

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

There are no proposed Motor Carrier rules at this time.

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.

Permitting certain CMVs to operate in combination with independently-operated-steered-trailers
This rule previously only allowed permits to be issued when independently-operated-steered-trailers are operating in combination with log trucks. This amendment, which originated from a request by Portland General Electric, allows permits to be issued for combinations of semi-trucks and steerable trailers specifically designed to haul long poles.
Rule amended: 734-078-0015
Filed and effective: July 19, 2019

Permitting exceptions for oversize vehicles responding to emergency situations
This amendment authorizes the annual permitting of Oregon Department of Forestry oversize vehicles supporting fire suppression operations, allowing for movement at all hours and on all routes detailed on Group Map 1 to and from such operations. Further, Oregon Department of Forestry vehicles with widths up to 10 feet are authorized to operate along the purple routes designated on Route Map 2 without pilot vehicles during daylight hours when operating as emergency vehicles and displaying emergency lighting.
Rule amended: 734-082-0021
Filed and effective: July 19, 2019

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 amended: 740-050-0610
Filed and effective: June 20, 2019

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

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.

Public Transit rulemaking

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.

Rail Division rulemaking

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.

Transportation Safety rulemaking

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.

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.

Rulemaking by other divisions of ODOT

"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.

Road Usage Charge Program Updates
These rules are being amended to implement legislative changes made in HB 2881.
Rules to be amended: 731-090-0000, 731-090-0010, 731-090-0020, 731-090-0030, 731-090-0040, 731-090-0070
Last date for public comment: September 23, 2019
Anticipated date of OTC approval: October 18, 2019

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.

There are no recently adopted rules in this category at this time.

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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