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Administrative Rules

ODOT Division Rulemaking

 

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

​There are no proposed rules for 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.​

Weight Mile Tax Quarterly Reporting
This rule amendment will allow certain motor carriers that apply and are approved, to change from monthly Oregon mileage reports to quarterly reports. Applications may be denied and previous approvals may be revoked should a motor carrier fail to comply with vehicle registration or tax requirement provisions.
Rule to be amended: 740-055-0015
Anticipated date of OTC approval: November 17, 2022

Motor Carrier Education Program
These amendments are to clarify who must attend the legislatively-mandated training, what fees are involved, and the curriculum taught during the training.
Rules proposed: 740-035-0005, 740-035-0200, 740-035-0260
OTC approval: Approved September 14, 2022 but not yet filed

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

Estimates Generated by Household Goods Movers​​
This amendment will allow carriers to provide estimates in either a hard copy or electronic format after inspecting the goods either in-person or virtually depending on the customer’s preference.
Rule amended: 740-060-0040
Filed and effective: September 21, 2022

​​​​​PUBLISHED MOTOR CARRIER RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action.​ Under Browse by Chapter, select chapter 740 or 734.​​​​​

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

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

​RECENTLY CLOSED DMV RULES
These proposals are no longer open for public comment. The Oregon Transportation Commission will consider these proposed rule changes on the meeting date listed with each rule set.

Federally Required Recordkeeping: DUII Diversion for CDP-holders and CMV operators
Oregon’s Commercial Driver License program is currently out of compliance with FMCSA regulations. House Bill 3055 (2021), section 106, amended ORS 809.510 to address compliance with FMCSA regulations by including receipt of DUII diversion as a basis to suspend a person’s commercial driving privileges and by including “entry into a diversion program” within the definition of “conviction.”
Rule to be amended: 735-063-0311
Anticipated date of OTC approval: November 17, 2022

Civil Penalties for Out-of-Service Order Violations
In this rulemaking DMV is adopting the minimum civil penalties required by federal regulations (49 CFR Part 386, Paragraph (b)(1)) for a violation of an out-of-service order or notice.
Rule to be amended: 735-070-0170
Anticipated date of OTC approval: November 17, 2022

Plate Manufacturing Fee Increase
The cost to manufacture a single plate has crossed the half-dollar threshold and requires the department to round up to the next half-dollar. The cost to manufacture a pair of plates has also increased and results in a one dollar increase, after rounding to the higher half-dollar. In addition to the cost of manufacturing, Oregon law requires the department to add $10 for a single plate and $20 for a pair of plates.
Rule proposed: 735-032-0010
OTC approval: Approved September 14, 2022 but not yet filed

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

DMV 14-2022 (Temp)

CMV Used in Human Trafficking
These rule changes are to implement new law and define the term “severe forms of trafficking in persons,” define other terms associated with such trafficking in persons, update statutory references, and clarify the process to request an administrative review and the documentation needed.
Rules changed: 735-001-0050, 735-063-0380, 735-063-0390
Filed and effective: September 21, 2022

Salvage Title Replacement Transactions
This amendment removes the requirement that all parties listed on a vehicle salvage title sign the application for replacement salvage title before DMV will issue a replacement salvage title for the vehicle.
Rule amended: 735-024-0150
Filed and effective: September 21, 2022

Veterans’ Recognition Registration Plates
DMV is updating some of its forms relating to veterans and must amend its rule to reflect the new form names.
Rule amended: 735-040-0090
Filed and effective: September 21, 2022

Farm Endorsement Issuance
This rule will permit issuance of a Class A or Class B farm endorsement without further testing when the applicant’s two-part driving record has a traffic accident within the last two years of the date of application, if the information available to DMV indicates that the accident was not preventable by the applicant and the applicant was not convicted of a traffic offense related to the accident.
Rule adopted: 735-062-0084
Filed and effective: September 21, 2022

Commercial Driver License Waivers
The Federal Motor Carrier Safety Administration (FMCSA) has created an alternative vision-standard process that eliminates the issuance of vision exemptions or waivers.  Commercial drivers who do not satisfy the existing visual acuity standard with corrective lenses or the field of vision standard are required by FMCSA to complete the alternative vision-standard process and be physically qualified to operate a commercial motor vehicle (CMV) in interstate commerce.
Rules changed: 735-063-0210, 735-063-0240
Filed and effective: September 21, 2022

DMV-Approved Out-of-State Motorcycle Rider Education Courses
The proposed amendments place an additional out-of-state motorcycle rider education course on the list of DMV-approved courses and will provide an additional pathway to obtain a motorcycle endorsement while the applicant is temporarily residing outside of Oregon, but still a resident of the state.
Rule amended: 735-062-0078
Filed and effective: July 18, 2022

At-Risk Non-Mandatory Reporting Requirements
The proposed amendments authorize DMV to accept crash reports from law enforcement that are not signed if they include the officer's DPSST number and employer's agency name.
Rules amended: 735-076-0005, 735-076-0007
Filed and effective: July 18, 2022

​​​PUBLISHED DMV RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 735.​​​​​​​​




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

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

RECENTLY CLOSED DELIVERY AND OPERATIONS RULES
These ​proposals are no longer open for public comment. The Oregon Transportation Commission will consider these proposed rule changes on the meeting date listed with each rule set.​

​There are no recently closed Delivery and Operations rules at this time.

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

Access Mana​gement rules update
This rulemaking updates the Institute of Transportation Engineers Trip Generation Manual, incorporated by reference in 734-051-1070 and 734-051-3020, from the 9th edition to the 11th edition.
Rules changed: 734-051-1070, 734-051-3020
Filed and effective: May 24, 2022

​PUBLISHED HIGHWAY DIVISION RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 734.​​​

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

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

​RECENTLY CLOSED PUBLIC TRANSPORTATION RULES
These proposals are no longer open for public comment. The Oregon Transportation Commission will consider these proposed rule changes on the meeting date listed with each rule set.

There are no recently closed public transportation rules at this time.

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

STIF OAR Revisions for STF/​STIF Consolidation​​
Rules were amended in January 2022 in response to Senate Bill 1601 which directed ODOT to merge the Special Transportation Fund (STF) and Statewide Transportation Improvement Fund (STIF) programs. These rule amendments are required to ensure a smooth transition to one state-funded public transportation program effective July 1, 2023. The rules were intended to become effective on the same date but were inadavertently made effective upon filing.​ This rulemaking action is intended only to reset the effective date to July 1, 2023.
Rules changed: 732-040-0005, 732-040-0010, 732-040-0015, 732-040-0020, 732-040-0025, 732-040-0030, 732-040-0035, 732-040-0050, 732-042-0010, 732-042-0015, 732-042-0020, 732-042-0035, 732-044-0005
Filing date: May 24, 2022
Effective date: ​ July 1, 2023

PUBLISHED PUBLIC TRANSPORTATION RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 732.​​

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

There are no proposed Transportation Safety rules at this time.

​RECENTLY CLOSED TRANSPORTATION SAFETY RULES
These proposals are no longer open for public comment. The Oregon Transportation Commission will consider these proposed rule changes on the meeting date listed with each rule set.​

There are no recently closed Transportation Safety rules at this time.

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

​There are no recently adopted Transportation Safety rules at this time.

NOTE: On July 1, 2019 the Oregon Ignition Interlock Device program previously in chapter 737, division 5 transferred to Oregon State Police, chapter 257, division 100.

PUBLISHED TRANSPORTATION SAFETY RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 737.

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

​There are no proposed Rail rules at this time.

RECENTLY CLOSED RAIL DIVISION RULES
These proposals are no longer open for public comment. The Oregon Transportation Commission will consider these proposed rule changes on the meeting date listed with each rule set.​

There are no recently closed Rail rules at this time.

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

​There ar no recently adopted Rail rules at this time.

PUBLISHED RAIL DIVISION RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 741.​

​The term "Other Divisions" refers to rules, primarily in chapter 731, that belong to multiple areas of ODOT such as Procurement, Financial Services, Connect Oregon, Road Usage Charge Program, Fuels Tax, Transportation Development and Oregon Innovative Partnerships Program.

PROPOSED ODOT RULES
These proposed rule changes are open for public comment. Please send your written comments to the ODOT Rules Coordinator.

Establishes ODOT's authority to designate contracts as Community Benefit Contracts under ORS 279C.308
Copy of Community Workforce Agreement
ODOT proposes rulemaking to establish authority for the agency to designate up to eight public improvement contracts as CBCs consistent with the authority given in ORS 279C.308 and as part of ODOT’s Community Benefit Contract Pilot Program.
Rule to be adopted: 731-005-0900
Public hearing: December 16, 2022 at 1:00pm
Virtual hearing - details in linked notice
Last date for public comment: December 21, 2022

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.​

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

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

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

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

Conditions of Prequalification
ODOT has determined the fee collected from contractors that prequalify with the agency in order to bid on the agency’s public contracts is an administrative burden and a barrier to small businesses and will end the fee.
​Rule amended: 731-007-0530
Filed and effective: July 18, 2022

Public Contract Rules, Highway and Bridge Projects
These rule amendments are housekeeping in nature to provide clarity and ease of reading, and they also keep the rules in sync with other current rules in OAR chapter 731, division 7.
Rules amended or adopted: 731-005-0400, 731-005-0410, 731-005-0420, 731-005-0430, 731-005-0470, 731-005-0505, 731-005-0510, 731-005-0520, 731-005-0580, 731-005-0600, 731-005-0690, 731-005-0710, 731-007-0225, 731-007-0250, 731-007-0260, 731-007-0340, 731-007-0520, 731-007-0530
Filed and effective: May 12, 2022

Streamlining the Oregon Innovative Partnership Program
These proposed rule changes are designed to clarify and streamline the process used to accept, review, and evaluate proposals for partnership projects, expedite proposal approvals, facilitate project delivery, and conserve public resources. The proposed changes will facilitate public-private investment in innovative solutions to help achieve Oregon’s transportation goals.
Rules amended or adopted​​: 731-070-0005, 731-070-0010, 731-070-0020, 731-070-0040, 731-070-0042, 731-070-0044, 731-070-0046, 731-070-0048, 731-070-0050, 731-070-0055, 731-070-0060, 731-070-0065, 731-070-0080, 731-070-0110, 731-070-0120, 731-070-0130, 731-070-0140, 731-070-0145, 731-070-0160, 731-070-0170, 731-070-0180, 731-070-0200, 731-070-0210, 731-070-0220, 731-070-0230, 731-070-0280, 731-070-0290, 731-070-0295, 731-070-0300, 731-070-0310, 731-070-0320, 731-070-0330, 731-070-0350
Filed and effective: May 12, 2022

PUBLISHED ODOT RULES can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action. Under Browse by Chapter, select chapter 731.​

Contact Us

Lauri Kunze
Administrative Rules Coordinator
503-509-2949
lauri.g.kunze@odot.state.or.us
355 Capitol Street NE, MS 51
Salem OR 97301

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