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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.

Voluntary Odometer Disclosure; ATV Odometer Disclosure
DMV is upgrading its computer system.  As a result, DMV is proposing to remove 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” is being updated to cite the statute number instead of OL chapter law. Class II, III, and IV all-terrain vehicles (ATV) are being exempted from vehicle odometer requirements.  Class I ATVs are already exempt and the amendment enables DMV to treat all classes of ATVs equally.
Rules to be amended: 735-028-0000, 735-028-0005, 735-028-0010
Last date for public comment: October 22, 2018
Anticipated date of OTC approval: November 16, 2018

Vehicle Registration Card Contents
DMV is upgrading its computer system. As a result 735-030-0105 is being 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 to be amended: 735-030-0105
Last date for public comment: October 22, 2018
Anticipated date of OTC approval: November 16, 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The Legislature repealed ORS 807.375 (effective 1/1/19), the law that authorized DMV to collect an additional fee for each driver license, driver permit or identification card issued,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 As the statutory authority for the additional fee is repealed, DMV must repeal OAR 735-062-0220.
Rule to be repealed: 735-062-0220
Last date for public comment: October 22, 2018
Anticipated date of OTC approval: November 16, 2018

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 will be 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 to be 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
Last date for public comment: October 22, 2018
Anticipated date of OTC approval: November 16, 2018

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 proposes to amend 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 to be amended: 735-080-0020, 735-080-0040, 735-080-0046, 735-080-0050 and 735-080-0060
Last date for public comment: October 22, 2018
Anticipated date of OTC approval: November 16, 2018

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.

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 to be amended: 735-016-0020
Anticipated date of OTC approval: October 19, 2019

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 to be amended: 735-032-0000, 735-046-0010, 735-150-0040
Anticipated date of OTC approval: October 19, 2019

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 to be amended: 735-034-0040
Anticipated date of OTC approval: October 19, 2019

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 to be amended: 735-150-0110, 735-150-0120
Anticipated date of OTC approval: October 19, 2019

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

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

Issuance of Custom Plates
ORS 805.240 does not require DMV to issue custom plates as gifts; however, OAR 735-046-0020 currently allows a person to give custom plates as a gift to a vehicle owner. DMV receives approximately 12 applications to issue custom plates as gifts each year, which is time consuming and labor intensive for the person giving the plate, the vehicle owner and for DMV. DMV has repealed OAR 735-046-0020 and amended two other rules to remove that option. People who would like to give custom plates as a gift have the option to provide the vehicle owner the funds needed to cover the cost of the custom plate, so the vehicle owner can apply for the custom plate of their choice.
Rules amended: 735-043-0010, 735-046-0030
Rule repealed: 735-046-0020
Filed and effective: June 26, 2018

Issuance of Limited Term Driver Licenses, Driver Permits or ID Cards under Special Circumstance
The Oregon Legislature passed House Bill 4111 (Or Laws 2018, ch. 60, sec. 3) authorizing DMV to issue a limited term driver license, a limited term driver permit or a limited term identification card under certain circumstances to a person without proof of legal presence in the United States. People who may apply under this provision have previously been issued a limited term driver license, a limited term driver permit or a limited term identification card by DMV after showing proof of legal presence in the United States; however that proof of legal presence may now have expired. HB 4111 allows DMV to issue a limited term driver license, limited term driver permit or a limited term identification card to a person who presents an Employment Authorization Document under category C33, A12 or C19 that expired on or after August 1, 2014. HB 4111 will assist those who have been in one of two programs: the Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS). The authorization for DMV to issue without proof of legal presence is repealed on December 31, 2021.
Rules amended: 735-062-0007, 735-062-0010, 735-062-0015, 735-062-009
Filed and effective: June 26, 2018

Limited Vision Licensing
Occasionally DMV must cancel a person’s driving privileges granted under the limited vision program because the person does not provide the Report of Limited Vision Examination when required. DMV proposes to amend OAR 735-062-0385 to allow a person whose cancellation is less than one year to be reissued driving privileges after a cancellation by providing the required report, passing a DMV test and paying fees. For those whose privileges have been cancelled for a year or more, DMV will continue to require the person to successfully complete a rehabilitation training program prior to regaining driving privileges. However, DMV proposes to amend OAR 735-062-0330 so that a person previously licensed under the Limited Vision Program in Oregon does not require the full training program to successfully complete the program. This proposed change will make certain the person has retained skills during a cancellation, or will provide refresher training following a cancellation, but will not require the person to complete the full training program required of those who never had driving privileges that required the use of a bioptic telescopic lens.
Rules amended: 735-062-0330, 735-062-0385, 735-062-0390
Rule adopted: 735-062-0387
Filed and effective: May 18, 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.

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 to be amended: 734-059-0100
Anticipated date of OTC approval: October 19, 2018

RECENTLY ADOPTED HIGHWAY DIVISION RULES
These rule changes were adopted approximately within the last six months.

Human Trafficking Awareness Information Program Temporary 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.
Rule adopted: 734-030-0030
Filed and effective: August 17, 2018 through February 12, 2019

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.

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 to be amended: 734-082-0080
Anticipated date of OTC approval: October 19, 2018

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

Annual adoption of FMCSR; agriculture hours of service; ELD mandate
These amendments include the annual adoption of federal motor carrier safety and hazmat regulations; a new definition of planting and harvest periods for transporters of agricultural commodities; and a delay of the federal mandate for installation of Electronic Logging Devices for motor carriers.
Rules to be 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: May 18, 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​.

Oregon Ignition Interlock Device Oversight Program (temporary suspension)
These rules are from the previous IID oversight program. On September 20, 2018 the OTC approved temporary rules for the new IID oversight program. These rules should have been suspended during that rulemaking but were not included in the temporary rule filing. The new program rules, which have been filed and posted to the Secretary of State's website and shown below, are now in effect. The immediate suspension of these old rules will prevent potential conflict or confusion for the public. The rules will be permanently repealed at the same time the new program rules are made permanent.
Rules to be suspended: 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
Anticipated date of OTC approval: October 19, 2018

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 (temporary)
These rules will establish the statewide ignition interlock device oversite 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.
Rules adopted: 737-005-0100, 737-005-0105, 737-005-0110, 737-005-0115, 737-005-0120, 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, 737-005-0175, 737-005-0180
Filed and effective: September 24, 2018

Safe Routes to School Fund rules
These proposed amendments incorporate legislative changes made since ODOT adopted these rules.
Rules adopted: 737-025-0011, 737-025-0012, 737-025-0090, 737-025-0091, 737-025-0092, 737-025-0093
Rules amended: 737-025-0000, 737-025-0010, 737-025-0020, 737-025-0030, 737-025-0040, 737-025-0050, 737-025-0060, 737-025-0070, 737-025-0080
Date filed: June 28, 2018
Effective date: July 1, 2018

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 division 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 division at this time.

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

Public Contract Rules Update; Highway and Bridge Projects
These changes include the repeal of the prequalification rule, which is no longer necessary because it is covered in OAR 731 Division 7, and housekeeping items such as updating statute or rule references, correcting grammar, and updating position titles.
Rules amended: 731-005-0430, 731-005-0470, 731-005-0480, 731-005-0490, 731-005-0520, 731-005-0600, 731-005-0670, 731-005-0690, 731-005-0710, 731-005-0760, 731-005-0770
Rule repealed: 731-005-0450
Filed and effective: April 26, 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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