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Administrative Rules

ODOT Division Rulemaking

 

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

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 will use a web-based system and replace its current Interactive Voice Response System (IVR) for ordering vehicle records. Therefore, DMV is amending OAR 735-010-0040 to remove all references to IVR. The description of information available in some reports is changed because the new system will allow 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 of the current reports are being eliminated since the new system will allow a person to get that same information but in a different or more comprehensive format.
Rule to be amended: 735-010-0040
Last date for public comment: February 21, 2019
Anticipated date of OTC approval: 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 has upgraded its computer system and as a result is changing the location within DMV’s website where the electronic submission will be located. DMV is amending the rule to notify customers that they can submit the notification through DMV’s website, but will not provide the specific name of a form. This proposed amendment will ensure DMV does not have to amend the rule each time the notice of vehicle sale location is moved within DMV’s website.
Rule to be amended: 735-020-0080
Last date for public comment: February 21, 2019
Anticipated date of OTC approval: March 21, 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.

Record Inquiry Accounts and Transitional Ownership Document (TOD) Accounts and Processes
DMV proposes to remove information regarding the establishment of a TOD Filing Fee Account from OAR 735-010-0020 and move it to 735-020-0040. Under DMV's new computer system bonds will no longer be required, so all references to bonds are proposed for removal. A Record Inquiry Account will now be considered active for two years, even if there is a period of inactivity of one year. Thus, DMV proposes to amend OAR 735-010-0020(9) to remove inactivity for a one-year period as a reason DMV will close a Record Inquiry Account.
Rules to be amended: 735-010-0020, 735-020-0040
Anticipated date of OTC approval: February 21, 2019

Electronic Transfer of Registration Renewal at DEQ
In preparation for its computer system upgrade, DMV reviewed the process of registration renewal at the Department of Environmental Quality (DEQ) for customers who are required to obtain a DEQ Certificate of Compliance. DMV proposes adoption OAR 735-018-0115 to reduce the amount of paper transferred between DEQ and DMV by enabling DMV to obtain a unique identifier in lieu of a handwritten signature.
Rules to be amended: 735-010-0250, 735-018-0110
Rule to be adopted: 735-018-0115
Anticipated date of OTC approval: February 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 proposes to amend OAR 735-063-0220 to allow DMV 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 to be amended: 735-063-0220, 735-063-0340
Anticipated date of OTC approval: February 21, 2019

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

Reporting Requirements for Insurance Companies
As part of its system modernization, DMV incorporated an instruction manual, the ALIR Reporting Instruction Manual for Insurance Companies, into administrative rule and repealed the rules that previously contained the instructions now in the manual.
Rules amended: 735-050-0055, 735-050-0080, 735-050-0130
Rules repealed: 735-050-0140, 735-050-0150, 735-050-0160
Date filed: December 13, 2018
Effective date: January 22,2019

Elimination of Special Process to Reinstate Driving Privileges Following a Revocation as a Habitual Offender
The Oregon Legislature repealed ORS 809.650 and 809.660, specifying that a habitual offender revocation ends after five years and making reinstatement requirements consistent for all revocations. Therefore, DMV proposes to repeal OAR 735-070-0160, eliminating the need for the person to apply for restoration of driving privileges.
Rule to be repealed: 735-070-0160
Date filed: December 7, 2018
Effective date: January 1, 2019

Voluntary Odometer Disclosure; ATV Odometer Disclosure
DMV is upgrading its computer system.  As a result, DMV removed the requirement for customers to present a document and allow the customer to provide the voluntary odometer reading verbally. The definition of “voluntary odometer reading” was updated to cite the statute number instead of OL chapter law. Class II, III, and IV all-terrain vehicles (ATV) are now exempted from vehicle odometer requirements.  Class I ATVs were already exempt and the amendment enables DMV to treat all classes of ATVs equally.
Rules amended: 735-028-0000, 735-028-0005, 735-028-0010
Filed and effective: November 20, 2018

Vehicle Registration Card Contents
DMV is upgrading its computer system. As a result 735-030-0105 was amended to change the word “process” to “issue” and to eliminate the requirement to show the mailing address on the registration card.  The mailing address will be included on the letter sent to the customer, but will not print on the actual registration card.  The purpose of the mailing address is for mailing only.
Rule amended: 735-030-0105
Filed and effective: November 20, 2018

Elimination of Additional Fee for Collection and Verification of Biometric Data
The Legislature repealed ORS 807.375 (effective 1/1/19), the law that authorized DMV to collect an additional fee for each driver license, driver permit or identification card issued, replaced or renewed for the purposes of covering the costs of purchasing equipment and establishing and maintaining a database used for collecting and verifying biometric data. DMV had adopted OAR 735-062-0220 to implement ORS 807.375 in cases where the additional fee was not included in statute. As the statutory authority for the additional fee is repealed, DMV has repealed OAR 735-062-0220.
Rule repealed: 735-062-0220
Date filed: November 20, 2018
Effective date: January 1, 2019

Hardship Permit Provisions Including Issuing to Those Previously Eligible for Probationary Permit, Eliminating Probationary Permit
SB 1538 streamlines the hardship permit process and eliminates all statutes relating to a probationary permit. DMV previously was authorized to issue a probationary permit to a person whose driving privileges were revoked as a habitual offender. With the statutory streamlining those individuals are eligible to apply for a hardship permit.  The streamlining efforts create consistent requirements for all permits and eliminate the various requirements and privileges previously allowed, depending on the type of suspension or revocation.
Rules amended: 735-064-0005, 735-064-0040, 735-064-0060, 735-064-0070, 735-064-0080, 735-064-0090, 735-064-0100, 735-064-0110, 735-064-0220
Date filed: November 20, 2018
Effective date: January 1, 2019

Disabled Person Parking Permits Including Oregon Wounded Warrior
SB 1506 authorizes DMV to issue a new type of disabled person parking permit – the “Oregon Wounded Warrior” permit. DMV has amended OAR 735-080-0020 to describe what an applicant must submit for DMV to issue an Oregon Wounded Warrior disabled person parking permit, and how a person may renew or replace an Oregon Wounded Warrior disabled person parking permit. Other changes describe how a permit may be displayed, and eligibility for a parking ID card.
Rules amended: 735-080-0020, 735-080-0040, 735-080-0046, 735-080-0050 and 735-080-0060
Date filed: November 20, 2018
Effective date: January 1, 2019

Residency and Domicile Definitions and Requirements
DMV reviewed OAR 735-016-0020, which establishes definitions for rules regarding residency and domicile. The rule has not been amended since it was adopted in 1999. This rulemaking provides updates, clarifications and removal of certain definitions.
Rule amended: 735-016-0020
Filed and effective: October 22, 2018

Registration Plate and Registration Period Transfer
Oregon Laws 2018, Chapter 114, Section 10 (HB 4062) now authorizes DMV to transfer registration plates if the plate is “legible and capable of being used for identification purposes.” The statute’s previous language prevented DMV from transferring a plate that was “so old, damaged, mutilated or otherwise rendered illegible as to be not useful for purposes of identification.” The proposed amendments align the rules with the new language.
Rules amended: 735-032-0000, 735-046-0010, 735-150-0040
Filed and effective: October 22, 2018

Display of Trip Permits
DMV reviewed OAR 735-034-0040, which has not been amended since 1987. ORS 803.650 provides that a permit issued under ORS 803.600, 803.615 or 803.625 shall be placed on the left side of the rear window of the vehicle unless such placement could not easily be seen from outside of the vehicle. DMV is proposing to amend its rule to clarify the proper display of permits. The clarification will aid law enforcement and help remove possible misinterpretation by some persons.
Rule amended: 735-034-0040
Filed and effective: October 22, 2018

Dealer Offenses and Sanctions
DMV recently conducted two rulemakings in a short period of time that amended OAR 735-150-0110. Unfortunately, the May 2017, amendments were inadvertently reversed by the July 2017 rule amendments. Therefore, DMV proposes to amend OAR 735-150-0110 to reinstate that a dealer is subject to sanction if the dealer fails to pay a civil penalty assessed by DMV. DMV is not placing the proposed rulemaking into the same location as it was previously located. Consequently, DMV proposes to amend OAR 735-150-0120 relating to sanctions in order to reference the appropriate subsection of OAR 735-150-0110.
Rules amended: 735-150-0110, 735-150-0120
Filed and effective: October 22, 2018

Repeal of Third Party Class C License Testing Pilot Program
On November 1, 2014, DMV established rules for a pilot program allowing qualified businesses to administer drive tests to applicants needing to test to obtain an Oregon Class C non-commercial driver license. Now that DMV has established an ongoing program, the pilot program has officially ended and OAR 735-061-0210 through 735-061-0390 are no longer needed. OAR 735-061-0400, which establishes the purpose of the program, was amended to remove language that discussed when the pilot program would end.
Rules repealed: 735-061-0210, 735-061-0220, 735-061-0230, 735-061-0240, 735-061-0250, 735-061-0260, 735-061-0270, 735-061-0280, 735-061-0290, 735-061-0300, 735-061-0310, 735-061-0320, 735-061-0330, 735-061-0340, 735-061-0350, 735-061-0360, 735-061-0370, 735-061-0380, 735-061-0390
Rule amended: 735-061-0400
Filed and effective: September 21, 2018

Definition of Taxable Motor Vehicle
HB 4059 changed the definition of “Taxable Motor Vehicle.” DMV proposes to amend OAR 735-030-0005 to reference the new definition. DMV proposes amending OAR 735-030-0025 to no longer reference the definition of “taxable motor vehicle” in statute.
Rules amended: 735-030-0005, 735-030-0025
Filed and effective: August 22, 2018

Voluntary Request to Retake Driver Licensing Tests – Provisions and Consequences
DMV proposes to amend two rules related to the non-mandatory At-Risk Driver Program to clarify that volunteering to re-test is a method of reporting. DMV proposes to further amend OAR 735-076-0010 to allow DMV to give an extension to the time in which all tests must be passed if the person has passed the knowledge test and vision screening but is unable to schedule a drive test with DMV prior to the effective date of a suspension for failure to pass tests.
Rules amended: 735-076-0000, 735-076-0009, 735-076-0010
Filed and effective: August 22, 2018

PUBLISHED DMV RULES
This link will take you to the DMV rules page on the Secretary of State's website.​

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

There are no proposed Highway Division rules at this time.

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 Permanent Rule
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

Outdoor Advertising Sign Program Annual Permit Renewal Fee Changes
Amendment of OAR 734-059-0100 will increase the cost of outdoor advertising sign permit annual renewal fees by approximately 13.5% per permit.
Rule amended: 734-059-0100
Filed and effective: November 2, 2018

PUBLISHED HIGHWAY DIVISION RULES
This link will take you to the Highway Division rules page on the Secretary of State's website.​​​

​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.​

Annual Readoption of IRP, IFTA and HVUT Regulations
The proposed amendment of OAR 740-200-0010 constitutes an adoption of the rules of the International Registration Plan (IRP) to the date of January 1, 2019. Title 26 Code of Federal Regulations Part 41 (HVUT) requires the State to confirm proof of payment of the tax, and require proof of payment by the State as a condition of issuing a registration for a highway motor vehicle. The amendment of OAR 740- 740-200-0020 adopts HVUT and amendments with the effective date of January 1, 2019, and ensures Oregon remains current with national commercial motor vehicle registration standards. International Fuel Tax Agreement (IFTA) and associated material are applicable to Oregon based motor carriers who participate in IFTA as a way to report and pay fuel tax to other jurisdictions. The revision to OAR 740-200-0040 adopts the most recent version of IFTA and associated material as the procedures and guidelines for Oregon-based IFTA participants with the effective date of January 1, 2019 to ensure Oregon remains current with the international IFTA standards.
Rules amended: 740-200-0010, 740-200-0020, 740-200-0040
Date filed: : December 7, 2018
Effective date: January 1,2019

Emergency Moves, Verbal Authorization
The proposed rule amendment clarifies that ORS 818.100 as amended does not change the process for seeking a telephone variance permit from ODOT followed by a written permit under OAR 734-082-0080, but does change the process when a county is the road authority and specifies that when a county is the road authority entities need not seek telephonic authorization before a move, but must request a written permit the following business day.
Rule amended: 734-082-0080
Filed and effective: October 22, 2018

PUBLISHED MOTOR CARRIER RULES
These links will take you to the Secretary of State's website.
Chapter 740 Motor Carrier rules.
Chapter 734 Motor Carrier rules are in divisions 70 through 79 and 82.

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.

Statewide Transportation Improvement Fund (STIF) rules
HB 2017 (OL 2017 chapter 750) established the Statewide Transportation Improvement Fund (STIF). The adoption of administrative rules is required to implement the three public transportation funds established in the STIF: Formula Fund, Discretionary Fund and Intercommunity Discretionary Fund.
Rules adopted: 732-040-0000, 732-040-0005, 732-040-0010, 732-040-0015, 732-040-0020, 732-040-0025, 732-040-0030, 732-040-0035, 732-040-0040, 732-040-0045, 732-040-0050, 732-042-0000, 732-042-0005, 732-042-0010, 732-042-0015, 732-042-0020, 732-042-0025, 732-042-0030, 732-042-0035, 732-042-0040, 732-044-0000, 732-044-0005, 732-044-0010, 732-044-0015, 732-044-0020, 732-044-0025, 732-044-0030, 732-044-0035, 732-044-0040, 732-044-0045, 732-044-0050
Date filed: June 26, 2018
Effective date: July 1, 2018
For additional details, visit the STIF web pages.
STIF rules overview

PUBLISHED PUBLIC TRANSIT RULES
This link will take you to the Public Transit rules page on the Secretary of State's website.​​

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
This link will take you to the Rail Division rules page on the Secretary of State's website.​

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.

Oregon Ignition Interlock Device Oversight Program (permanent rules)
These rules will establish the statewide ignition interlock device oversight program as required by House Bill 2638, which went into effect July 1, 2018. The program will provide DUII offenders with statewide access to service centers for ignition interlock device service. The oversight will create a safe and transparent environment for offenders to access all device services, in addition to an added accountability for device performance and reporting. The old program rules will be permanently repealed.
Rules adopted: 737-005-0105, 737-005-0110, 737-005-0115, 737-005-0125, 737-005-0130, 737-005-0135, 737-005-0140, 737-005-0145, 737-005-0150, 737-005-0155, 737-005-0160, 737-005-0165, 737-005-0170, 737-005-0175, 737-005-0180
Rules repealed: 737-005-0000, 737-005-0010, 737-005-0011, 737-005-0012, 737-005-0021, 737-005-0022, 737-005-0023, 737-005-0024, 737-005-0026, 737-005-0027
Temporary rules suspended: 737-005-0100, 737-005-0120
Filed and effective: January 17, 2019

PUBLISHED TRANSPORTATION SAFETY RULES
This link will take you to the Transportation Safety rules page on the Secretary of State's website.​

 

 
 

​"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.​

Revisions to ODOT's Procurement Rules in Chapter 731, Divisions 146, 147 and 148
ODOT is adopting DOJ Model Rules (OAR 137-046-0100 to OAR 137-046-0480). In addition, changes to division 146 (General Provisions Related to Public Contracting) rules are needed to allow ODOT the ability to manage procurements more efficiently with standardized processes and to eliminate unnecessary rules. Changes to division 147 (Public Procurement for Goods and Services General Provisions) rules are needed to allow ODOT the ability to manage procurements more efficiently with standardized processes, to eliminate unnecessary rules, and to provide clarity on Sole Source Procurements. ODOT is adopting DOJ Model Rule (OAR 137 Division 47) with the exception of OAR 137-047-0275, 137-047-0330, 137-047-0460, 137-047-0470, 137-047-0710, and 137-047-0800. Changes to division 148 (Consultant Selection: Architectural, Engineering, Land Surveying and Related Services Contracts) rules are needed to allow ODOT to award architectural, engineering, land surveying and related services (A&E) contracts in a more efficient and expeditious manner, including procurements on behalf of units of local government, and to eliminate unnecessary rules.
Rules to be adopted: 731-146-0016, 731-146-0150, 731-146-0160, 731-146-0170, 731-146-0180, 731-146-0200, 731-146-0210, 731-148-0100, 731-148-0110, 731-148-0130, 731-148-0200, 731-148-0205, 731-148-0210, 731-148-0215, 731-148-0220, 731-148-0230, 731-148-0240, 731-148-0250, 731-148-0260, 731-148-0270, 731-148-0300
Rules to be amended: 731-146-0010, 731-146-0012, 731-146-0025, 731-146-0030, 731-146-0050, 731-146-0060, 731-146-0130, 731-146-0140, 731-147-0010, 731-147-0055
Rules to be repealed: 731-146-0015, 731-146-0020, 731-146-0040, 731-146-0070, 731-146-0080, 731-146-0090, 731-146-0100, 731-146-0110, 731-146-0120, 731-147-0020, 731-147-0030, 731-147-0035, 731-147-0040, 731-147-0050, 731-148-0010
Anticipated date of OTC approval: February 21, 2019

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

Oregon Transportation Commission Conflicts of Interest
ORS 184.612(3) modifies roles and responsibilities of the Oregon Transportation Commission. It adds a new provision that prohibits a commission member from voting on a commission matter when that commissioner has any direct or indirect financial or fiduciary interest, but does not define those terms. On April 24, 2018, the OTC adopted temporary rules to define the terms. On June 27, 2018 the OTC amended the temporary rules to make minor but essential changes to clarify the meaning of those terms and add a new definition for the term “conflict” to clarify the interests that must be disclosed by each commissioner. This rulemaking action replaced the temporary rules with permanent ones.
Rules adopted: 731-001-0007, 731-001-0009
Filed and effective: September 20, 2018

PUBLISHED ODOT RULES
This link will take you to ODOT Chapter 731 rules on the Secretary of State's website.​​

 

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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