Administrative Rules

ODOT Division Rulemaking

Commerce and Compliance 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 Commerce and Compliance 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.

There are no recently closed CCD rules at this time.

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

Weight-mile tax penaly waivers
This rule change allows the Department to reduce or waive charges and penalties assessed in weight-mile tax audits when a motor carrier submits a successful written request detailing why it believes it qualifies for a reduction or waiver.
Rule adopted: 740-055-0230
Filed and effective: July 29, 2020

Trusted Carrier Program; elimination of transponder requirement
For motor carriers desiring to be in the Trusted Carrier Partner Program, the changes to this rule will allow them to either use a transponder or other devices that can perform the same task.
Rule amended: 740-045-0070
Filed and effective: May 28, 2020

Annual readoption of Federal Motor Carrier Safety Regulations and the elimination of the Electronic Logging Device exemption
These amendments constitute an annual adoption of Federal Motor Carrier Safety Regulations (FMCSR). OAR 740-100-0010 is also amended to delete subsection (2)(k), an exemption which granted intrastate motor carriers an additional one-year grace period from the federal requirement to install electronic logging devices and require each driver operating in intrastate commerce to record their duty status on such devices.
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 3, 2020

Elimination of the ODOT’s Oregon Weight Receipt & Tax Identifier and associated fee (Permanent)
House Bill 2592 eliminated the Oregon Weight Receipt and Tax Identifier previously issued by the Department of Transportation along with the attendant $8 fee and replaces it with an electronic weight identifier. These amendments implement the statutory change and replace temporary rule amendments filed in October 2019.
Rules amended: 734-072-0010, 735-176-0170, 740-010-0010, 740-020-0010, 740-045-0010, 740-045-0025, 740-045-0120, 740-045-0150, 740-055-0110, 740-300-0040
Filed and effective: April 3, 2020

2020 Adoption IRP, HVUT, IFTA and Registration Fee Refund in Certain Circumstances
Annual Readoption: The amendments constitute an adoption of the 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, 2020.
Registration Fee Refund: The amendment to OAR 740-200-0030 adds provisions detailing steps motor carriers must take to obtain refunds in cases where they have gone out of business or had vehicles accidentally destroyed. The provisions were previously detailed in ORS 803.590(2); however, that statute was eliminated by the 2019 Oregon Legislature.
Rules amended: 740-200-0010, 740-200-0020, 740-200-0030, 740-200-0040
Filed and effective: April 3, 2020

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.

DMV rulemaking

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

Mandatory Insurance Compliance
DMV's Mandatory Insurance Complaince program currently operates under Oregon statute rather than agency rule. Chapter 312, OL 2019 authorizes DMV to establish the program in rule which will allow DMV to incorporate technological capabilities as they become available.
Rule to be amended: 735-050-0080
Last date for public comment: September 21, 2020
Anticipated date of OTC approval: October 23, 2020

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.

Delivery Method of Notices
These rule changes will clarify the method DMV will use to notify customers of a cancellation of a vehicle registration or title, suspension of driving privileges or approaching expiration of a driver license, driver permit or ID card.
Rule to be amended: 735-010-0260
Rule to be adopted: 735-062-0088
Anticipated date of OTC approval: September 17, 2020

Temporary Duplicate Disability Parking Permit
DMV may issue a temporary duplicate disability parking permit to customers for travel purposes. The temporary duplicate permit can only be issued to the holder of an existing parking permit to serve as a travel copy. The rulemaking also allows a customer to re-certify for a temporary duplicate at any time.
Rules to be amended: 735-080-0046, 735-080-0080
Anticipated date of OTC approval: September 17, 2020

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

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.
Rules amended: 735-020-0070, 735-024-025, 735-024-0030, 735-024-0030
Date filed: July 27, 2020
Effective date: August 1, 2020

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 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 adopted: 735-062-0006, 735-062-0008, 735-062-0011, 735-062-0022, 735-062-0023, 735-062-0031, 735-063-0268
Date filed: June 25, 2020
Effective date: July 6, 2020

Real ID Fee
A separate but related rule adoption sets the fee for the enhanced credential at $30.
Rule adopted: 735-062-0295
Date filed: June 25, 2020
Effective date: July 6, 2020

Delivery Method of Notices (temp)

DMV is establishing in rule the methods it will use to serve notice of cancellation of vehicle registration or title or both; notice of suspension when the person has failed or refused to pay a fine or obey an order of the court; and notice of approaching expiration of driver license, driver permit, or ID card.
Rule amended: 735-010-0260
Rule adopted: 735-062-0088
Date filed: June 25, 2020
Effective: July 6, 2020 through January 1, 2021

CDL Serious Trafffic Offenses (temp)
DMV has amended this rule to designate additional offenses that customers may commit in non-commercial motor vehicles when the offense directly results in the suspension, cancellation, or revocation of a customer’s license.
Rule amended: 735-063-0360
Date filed: June 25, 2020
Effective: July 6, 2020 through January 1, 2021

Mandatory Insurance Compliance Program (temp)
DMV is implementing SB 57 by establishing the Mandatory Insurance Compliance (MIC) Program in rule, giving DMV the ability to make future changes to the program to incorporate law changes or new technology as it becomes available.
Rule amended: 735-050-0080
Date filed: June 25, 2020
Effective: July 6, 2020 through January 1, 2021

Address Changes, Card Design and Expiration Dates (temp)
DMV’s Service Transformation Program (STP) created opportunities to review DMV programs and optimize them based on new technological capabilities.
Rules amended: 735-010-0070, 735-018-0100, 735-062-0005, 735-062-0007, 735-062-0010, 735-062-0013, 735-062-0135
Date filed: June 25, 2020
Effective: July 6, 2020 through January 1, 2021

Online Services; Changes to Drive Test Wait Times and Validity Period (temp)
These rule changes coincide with programming requirements necessary to implement DMV’s new computer system, align with current operating policies, and create efficiencies for DMV customers and DMV.
Rules amended: 735-010-0008, 735-018-0010, 735-018-0020, 735-060-0120, 735-061-0410, 735-061-0420, 735-061-0440, 735-061-0450, 735-062-0070, 735-062-0078, 735-062-0080, 735-062-0140, 735-070-0110
Rule adopted: 735-018-0150
Date filed: June 25, 2020
Effective: July 6, 2020 through January 1, 2021

Driver Permits and License Restrictions (temp)
DMV’s Service Transformation Program (STP) has created opportunities to review DMV driver permits and optimize them based on new technological capabilities. This rulemaking eliminates many outdated processes to align with new capabilities and updated processes.
Rules amended: 735-062-0087, 735-062-0096, 735-062-0115, 735-064-0080, 735-064-0090, 735-064-0230, 735-064-0235, 735-070-0054, 735-070-0055, 735-070-0060
Rule suspended: 735-070-0090
Date filed: June 25, 2020
Effective: July 6, 2020 through January 1, 2021

At-Risk Driver Program (temp)
These amendments address changes to the At-risk Driver Program that are required for the implementation of DMV’s system modernization. At-risk Driver actions will now begin by issuing a notice of suspension or cancellation in place of a letter to ensure communication to the customers is clear and satisfies the requirements of the Administrative Procedure Act, ORS chapter 183.
Rules amended: 735-062-0385, 735-074-0080, 735-074-0120, 735-074-0140, 735-074-0180, 735-074-0220, 735-076-0000, 735-076-0002, 735-076-0005, 735-076-0007, 735-076-0010, 735-076-0015, 735-076-0018, 735-076-0020, 735-076-0035
Date filed: June 25, 2020
Effective: July 6, 2020 through January 1, 2021

CDL General Update (temp)
These rule changes align with programming requirements necessary to implement DMV’s new computer system, comply with Federal Motor Carrier Safety Regulations (FMSCR), implement enacted legislation, Oregon Laws 2019, chapter 312, and establish efficiencies related to commercial driving privileges.
Rules amended: 735-063-0210, 735-063-0240, 735-063-0250, 735-063-0280
Rules adopted: 735-063-0263, 735-063-0311
Rules suspended: 735-062-0085, 735-063-0310
Date filed: June 25, 2020
Effective: July 6, 2020 through January 1, 2021

Driver Improvement Program (temp)
These rule changes update the Driver Improvement Program (DIP) to reflect new technological capabilities and were developed from a study conducted by the Center for Urban Studies at Portland State University.
Rules amended: 735-064-0220, 735-072-0020, 735-072-0023, 735-072-0027
Rule adopted: 735-072-0041
Rule suspended: 735-072-0035
Date filed: June 25, 2020
Effective: July 6, 2020 through January 1, 2021

Temporary Duplicate Disability Parking Permits (temp)
DMV may issue a temporary duplicate disability parking permit to customers for travel purposes. The temporary duplicate permit can only be issued to the holder of an existing parking permit to serve as a travel copy. These rules were amended in accordance with HB 2999 to reflect a validity period of up to 120 days.
Rules amended: 735-080-0046, 735-080-0080
Date filed: June 25, 2020
Effective: July 6, 2020 through January 1, 2021

Issuance and Retention of a Hazardous Materials Endorsement (temp)
DMV amended OAR 735-063-0290 to make use of TSA’s temporary exemption of expiration of TSA security threat assessments (STAs) for commercial driver license (CDL) holders with hazardous material endorsements (HME) during the COVID-19 crisis.
Rule amended: 735-063-0290
Filed and effective: May 27, 2020 through November 22, 2020

Temporary Medical Waiver Extension for CDL Privileges (temp)
DMV amends OAR 735-063-0340 to allow non-excepted intrastate operators and excepted interstate operators to maintain medical qualification during the COVID-19 state of emergency.
Rule amended: 735-063-0340
Filed and effective: May 27, 2020 through November 22, 2020

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

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.

Delivery and Operations Division rulemaking

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 in this division 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 in this division at this time.

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

Speed Zone Definitions; Establishment of Speed Zones on Public Roads
ODOT conducts speed zone investigations and sets speeds on most public roads. As amended, 734-020-0014 and 734-0202-0015 reflect changes to wording to cover speed zoning on public roads in urban and rural areas of the state, and to clarify conditions that influence decisions for setting speeds and to provide improved guidance when establishing speed limits on Oregon roadways. The major change was adding context and functional class to factors that influence decisions on setting posted speeds in urban areas.
Rules amended: 734-020-0014, 734-020-0015, 734-020-0016
Date filed: April 3, 2020
Effective date: May 1, 2020

Includes Fallen Firefighters in Roadside Memorial Sign Program
Passage of 2019 SB 528 allows firefighters to be eligible for ODOT’s Roadside Memorial Sign Program. This change in the administrative rules will now include firefighters in a program that was established five years ago and currently includes only military personnel who were killed in action and police officers who have died in the line of duty.
Rules amended: 734-026-0010, 734-026-0020, 734-026-0030
Date filed: December 17, 2019
Effective date: January 1, 2020

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.

Public Transportation rulemaking

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

STIF Rule Update
These rule amendments are primarily housekeeping revisions, intended to eliminate vague or potentially confusing language and align the Statewide Transportation Improvement Fund (STIF) rules more closely with statute.
Rules to be amended: 732-005-0090, 732-040-0015, 732-040-0055, 732-042-0015, 732-042-0040, 732-044-0025, 732-044-0050
Anticipated date of OTC approval: September 17, 2020

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.

Veterans Healthcare Transportation Grant Program
Oregon Department of Veterans Affairs and ODOT are implementing a program to benefit veterans. $500,000 has been allocated to administer a transit grant program to support access to health care for veterans living in rural areas of Oregon that do not already receive federal funding for that purpose. This rulemaking replaces the temporary rule that was set to expire September 29, 2020.
Rule to be adopted: 732-020-0050
Anticipated date of OTC approval: August 21, 2020

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

Veterans Healthcare Transportation Grant Program (temp)
Oregon Department of Veterans Affairs and ODOT are implementing a program to benefit veterans. $500,000 has been allocated to administer a transit grant program to support access to health care for veterans living in rural areas of Oregon that do not already receive federal funding for that purpose.
Rule adopted: 732-020-0050
Filed and effective: April 3, 2020 through September 29, 2020

Special Transportation Fund for the Elderly and Handicapped
ODOT is adopting this rule to specify the procedures and requirements for creation of a new District as required under Chapter 732, Division 5.
Rule to be adopted: 732-005-0090
Filed and effective: January 24, 2020

Statewide Transportation Improvement Fund
ODOT is adopting this rule to specify the procedures and requirements for creation of a new Mass Transit District or Transportation District as required under Chapter 732, Division 40.
Rule to be adopted: 732-040-0055
Filed and effective: January 24, 2020

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.

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.

Definition of Enclosed Cab (permanent)
This rule defines enclosed cab for a three-wheel vehicle in order to specify the requirements for an exemption from Oregon's motorcycle helmet laws under ORS 814.290(1). It replaces the temporary rule that went into effect July 15, 2020.
Rule to be adopted: 737-010-0005
Last date for public comment: September 21, 2020
Anticipated date of OTC approval: October 23, 2020

Safe Routes to School
The proposed amendments incorporate changes suggested by the Safe Routes to School Advisory Committee and changes made due to the delegation of some OTC authority to the ODOT Director after ODOT adopted these rules.
Rules to be amended: 737-025-0010, 737-025-0012, 737-025-0091, 737-025-0093
Public hearing: September 15, 2020. Details provided in linked notice document.
Last date for public comment: September 21, 2020
Anticipated date of OTC approval: October 23, 2020

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.

Definition of Enclosed Cab (temp)
This rule defines enclosed cab for a three-wheel vehicle in order to specify the requirements for an exemption from Oregon's motorcycle helmet laws under ORS 814.290(1).
Rule adopted: 737-010-0005
Effective: July 15, 2020 through January 1, 2021

Update of fog light rule to current SAE standard
ODOT is required to adopt and enforce minimum standards for vehicle lighting equipment under ORS 816.040 to 816.290, including installation, adjustment and aiming and adjustment when in use on motor vehicles. Standards adopted under this rule must be consistent with vehicle standards established under federal regulations or by the Society of Automotive Engineers (SAE). ODOT has adopted SAE standards; however, those standards have been revised since the rule was last amended.
Rule amended: 735-108-0070
Filed and effective: April 3, 2020

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.

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 rules in this division 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 rules in this division at this time.

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

Shortline Railroad Rehabilitation Tax Credits
ODOT adopted these rules to establish the procedure for determining eligibility and the application and certification procedures for tax credits under the Short Line Railroad Rehabilitation Tax Credit Program, as required under ORS 315.
Rules adopted: 741-030-0010, 741-030-0020, 741-030-0022, 741-030-0025, 741-030-0030, 741-030-0040, 741-030-0050, 741-030-0055, 741-030-0060, 741-030-0065, 741-030-0070
Filed and effective: May 28, 2020

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.

Rulemaking by other divisions of ODOT

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 at this time.

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

Public Contracting, Public Procurement and Consultant Selection
These changes allow ODOT to manage procurements in a more efficient and expeditious manner.
Rules changed: 731-146-0150, 731-146-0160, 731-146-0210, 731-146-0220, 731-147-0010, 731-147-0055, 731-147-0070, 731-148-0100, 731-148-0110, 731-148-0130, 731-148-0200, 731-148-0205, 731-148-0210, 731-148-0215, 731-148-0220, 731-148-0240, 731-148-0260, 731-148-0270
Filed and effective: July 17, 2020

Updating Connect Oregon rules to implement program changes made by HB 2017 and HB 2592
HB 2017 and HB 2592 made several changes to the Connect Oregon Fund grant program, which made the previously adopted rules incompatible with the legislation. Significant changes include separation of bicycle and pedestrian projects into a separate newly created Multimodal Active Transportation Fund, removing transit as an eligible mode, establishing a minimum amount of funds needed to go out with a competitive program. After experience with six previous funding cycles, several of the rule changes are proposed to streamline the review process and enhanced match and readiness requirements.
Rules amended: 731-035-0020, 731-035-0030, 731-035-0050, 731-035-0060, 731-035-0065, 731-035-0070, 731-035-0080
Filed and effective: January 24, 2020

Establishing rules for the Multimodal Active Transportation Fund
HB 2592 made several changes to the Connect Oregon Fund grant program, including separating bicycle and pedestrian projects into a newly created Multimodal Active Transportation Fund (MAT). The MAT is a separate grant program from Connect Oregon and requires a new set of administrative rules.
Rules adopted: 731-036-0010, 731-036-0020, 731-036-0030, 731-036-0040, 731-036-0050, 731-036-0060, 731-036-0070, 731-036-0080, 731-036-0090, 731-036-0100, 731-036-0110, 731-036-0120
Filed and effective: January 24, 2020

Road Usage Charge Program Updates
These rules were amended to implement legislative changes made in HB 2881.
Rules amended: 731-090-0000, 731-090-0010, 731-090-0020, 731-090-0030, 731-090-0040, 731-090-0070
Date filed: October 18, 2019
Effective date: January 1, 2020

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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