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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.

Applying federal skills-testing regulations to CMV triple-trailer combination drivers
This amendment clarifies that drivers wanting to operate CMV triple-trailer-combinations must complete a skills test established in Part 380 of the Federal Motor Carrier Transportation Regulations which Oregon adopts by reference.
Rule proposed: 734-074-0070
Last date for public comment: August 21, 2023
Anticipated date of OTC approval: September 14, 2023

Delegation of authority to issue single-trip permits for over-length trailers
This amendment allows the CCD Administrator to delegate written authority to certain CCD employees to issue over-length trailer permits to motor carriers. The ability to delegate allows the division to issue permits timely without having to escalate every request to the Division Administrator.
Rule proposed: 734-082-0045
Last date for public comment: August 21, 2023
Anticipated date of OTC approval: September 14, 2023

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.​

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.​

Variance Permits Issued to Two-Vehicle Combination Fire Suppression Emergency Vehicles
Amendments were made for compliance with the federal Fixing America’s Surface Transportation Act (FAST Act) and will allow road authorities to issue variance permits for two-vehicle configurations operating as emergency vehicles (as defined in the FAST Act) to operate on State and local roadways in addition to the federal highway system.  These variance permits are only for those fire suppression vehicles.
Rules amended: 734-082-0005, 734-082-0009
Filed and effective: May 15, 2023

Trailer Towaway and Automobile/Boat Transporter Provisions for FAST Act Compliance
​Changes to Division 71 and Division 73 were for compliance with sections 5520 and 5523 of the federal Fixing America’s Surface Transportation Act (FAST act). Changes include weight limitation for empty trailers in towaway operations, a new provision of rule defining tow-away trailers for pickup trucks, and overall length for stinger-steered automobile and boat transporters.
Rules amended: 734-071-0010, 734-071-0060, 734-073-0110, 734-082-0005, 734-082-0009​
Rule adopted: 734-071-0055​
Filed and effective: May 15, 2023

Requirement to Maintain Monthly CMV Total Distance and Total Taxable Distance Travelled​​
For purposes of efficient administration of and compliance with weight-mile tax, the Oregon Department of Transportation (ODOT) is allowing motor carriers to transition from monthly to quarterly mileage reporting. However, ODOT auditors need to examine samples of individual months applicable to any particular audit period. This amendment directs motor carriers to simply maintain a monthly summary of both total distances travelled and total taxable distances travelled. These summaries will allow auditors to quickly review specific months rather than all months within quarters.
Rule amended: 740-055-0120
Filed and effective: May 15, 2023

Annual Readoption of Federal Motor Carrier Safety Regulations and Out of Service Criteria
These amendments 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.
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: March 9, 2023

Penalties for Employers of Commercial Motor Vehicle Operators who Violate Out-of-Service Orders
This rulemaking will bring ODOT's penalties in line with FMCSA guidelines which require a $10,000 fine from the first violation when an employer knowlingly allows, permits, authorizes or requires a CMV operator to violate an out-of-service order. It also clarifies there will be no mitigation.
Rule amended: 740-300-0120
Rule repealed: 740-300-0130
Filed and effective: March 9, 2023​

​​​​​​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.

Voluntary Odometer Disclosure
DMV is aligning its rules with Oregon statute and federal requirements by no longer accepting voluntary odometer readings (unverified data) from customers and collecting odometer disclosures (verified data) until a vehicle is 20 years old rather than 10 years old.
Rules proposed: 735-028-0000, 735-028-0005
Last date for public comment: September 21, 2023
Anticipated date of OTC approval: November 9, 2023

Motorcycle Skills Test Waiver
DMV is amending its rule to permit applicants from countries that have a reciprocal agreement with DMV (Germany, South Korea, Taiwan, and Japan) to obtain motorcycle endorsements without taking a motorcycle knowledge or skills test.
Rule proposed: 735-062-0080
Last date for public comment: September 21, 2023
Anticipated date of OTC approval: November 9, 2023

Adding Restrictions and Continued Qualifications for Driving Privileges
DMV is amending its rules to clarify that DMV may require a person to complete a drive test when DMV observes a physical or mental condition or impairment not previously known to DMV that may negatively impact the person’s ability to safely operate a motor vehicle in order for DMV to determine if a restriction of the person’s driver license is required.
Rules proposed: 735-062-0087, 735-062-0090, 735-062-0110
Last date for public comment: September 21, 2023
Anticipated date of OTC approval: November 9, 2023

​​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.

Release or assignment of interest in a vehicle
​This rulemaking clarifies that an applicant must submit an original document or a certified copy of the document when transferring an interest in an Oregon-titled vehicle and the person is releasing or assigning the interest.  DMV recognizes that there may be instances where the person is unable to obtain the original or certified copy.  In those instances, the proposed rule will permit DMV to accept a copy to transfer title and describe processes to protect any financial interest in the vehicle.​
Rule proposed: 735-020-0075
Anticipated date of OTC approval: September 14, 2023

CDL third-party examinter testing out-of-state employees
DMV proposes to amend OAR 735-063-0260 to permit employers that provide training in Oregon and are also CDL third party testing businesses to administer CDL skills tests to their employees when the employee has a non-commercial driver license and commercial learner driver permit (CLP) issued by another state.
Rule proposed: 735-063-0260
Anticipated date of OTC approval: September 14, 2023

Hardship permit for necessary services
DMV proposes amending OAR 735-064-0005 to change the definition of “necessary services.” The new definition of “necessary services” will include driving the applicant’s children to and from childcare. The rulemaking will also:
• Clarify that medical appointments described in 735-064-0040(5)(f) are beyond regular medical appointments already allowed in another section.
• Extend permissible times when driving is allowed for grocery shopping to include 5pm to 9pm.
• Remove restrictions regarding caring for an elderly family member.
Rules proposed: 735-064-0005 and 735-064-0040
Anticipated date of OTC approval: September 14, 2023

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

Publication of the Vehicle Code Book
In an effort to reduce costs to the agency, DMV will no longer compile, publish or distribute the Vehicle Code Book. DMV repealed 735-012-0000, the rule that established the fee for the publication.
Rule repealed: 735-012-0000
Filed and effective: July 18, 2023

Recreational vehicle for use as temporary living quarters
DMV amended 735-022-0140 to add the definition of “temporary living quarters” and clarify that a vehicle is a recreational vehicle if the vehicle is designed for use as temporary living quarters, to be easily transported and set upon a daily basis and meets other vehicle parameters including cooking and sleeping facilities.
Rule amended: 735-022-0140
Filed and effective: July 18, 2023

Alignment of civil penalties with federally required minimum amounts for violation of out-of-service order​
DMV amended 735-070-0170 to bring its civil penalty amounts into compliance with federal regulations. The federal government has increased the minimum amount for a first violation from $3471 to $3740; it increased the minimum amount for second and subsequent violations from $6943 to $7481.
Rule amended: 735-070-0170
Filed and effective: July 18, 2023

Issuance of non-Real ID and Real ID Limited Term CLP or CDL (Temporary rule)
DMV temporarily amended its rules to align with 49 CFR 383.71(f)(2)(i) for limited term non-Real ID Commercial Learner Driver Permit (CLP), limited term non-Real ID Commercial Driver License (CDL) and limited term Real ID CDL issuance. This will prevent ineligible individuals from receiving credentials they are not qualified for. To be followed by permanent rulemaking.
Rules amended: 735-063-0265, 735-063-0268
Date filed: July 12, 2023
Effective: July 13, 2023 through January 8, 2024

Driver License Issuance, Mental or Physical Conditions, Problem Conditions
DMV previously asked questions during the application process to determine if an applicant has a vision, mental or physical condition or impairment, or problem condition involving alcohol, cannabis, psilocybin, controlled substances or inhalants.  DMV staff were often required to clarify the questions for the applicants. DMV rephrased the questions as statements that an applicant certifies are accurate.  This approach will eliminate the need for applicants to answer three separate questions and will reduce the likelihood that a customer erroneously indicates they have a problem condition or impairment.​
Rules amended: 735-001-0062, 735-018-0160, 735-018-0165, 735-062-0007, 735-062-0008, 735-076-0005, 735-076-0007
Filed and effective: May 15, 2023

Secure Forms: Odometer Disclosure and Secure Power of Attorney
In December 2022, DMV adopted OAR 735-028-0160 and amended OAR 735-028-0080 and 735-028-0110 under the Administrative Procedures Act’s temporary rule provision in ORS 183.335(5) because DMV was experiencing supply issues related to the availability of the carbon copy (multi-copy) paper needed to produce DMV’s Secure Power of Attorney form (DMV Form 402) and Secure Odometer Disclosure/Reassignment form (DMV Form 403).  To ensure continued availability of these forms, DMV adopted or amended these rules to permit the use of a more sustainable single-copy format that retains required security features, while continuing to permit the use of forms with the multi-copy format. This rulemaking made permanent the changes made in the temporary rulemaking, with a few additional changes.
Rules amended: 735-028-0070, 735-028-0080, 735-028-0090, 735-028-0110, 735-028-0125
Rule adopted: 735-028-0160​
Filed and effective: May 15, 2023

Driver License and Driver Permit Vision Tests at Renewal
DMV began offering Oregonians the option to renew their driver licenses online in May 2021. A rule amendment was passed at that time to temporarily allow applicants aged 50 years and older to renew their driver license online without requiring a vision test. This exception was made to provide applicants an option to avoid visiting a field office during the COVID-19 pandemic. OAR 735-062-0060(7) permits applicants 50 years old and older to renew online without requiring a vision test until June 3, 2023. After June 3, 2023, current rules will again require all applicants aged 50 years and older to complete a vision screening when renewing a driver license or driver permit.
Rules to be amended: 735-001-0062, 735-062-0060
Anticipated date of OTC approval: May 15, 2023

Lifting Restriction on Limited Term CDL Issuance to Legally Present Mexican and Canadian Citizens
These amendments will result in Oregon’s continued alignment with federal regulations and will no longer prohibit qualified and eligible applicants from obtaining an Oregon CDL.
Rules amended: 735-063-0265, 735-063-0268
Filed and effective: March 9, 2023

​​​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​​.​

Bus on Shoulder Lanes on Freeways
Bus shoulder lanes will allow transit buses to use freeway shoulders to bypass congestion in certain cases, which can improve travel times and reliability of public transit services. Using bus shoulder lanes is one part of ODOT’s Urban Mobility Strategy.
Rule proposed: 734-020-0044
Last date for public comment: September 21, 2023
Anticipated date of OTC approval: November 9, 2023

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 at this time.

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

​There are no recently adopted rules at this time.

​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.

Mediation Confidentiality
ODOT needs to update its mediation confidentiality rule which has not changed since it was adopted in 2007. The agency will be adopting the DOJ model rule by reference.
Rule proposed: 731-001-0720
Last date for public comment: September 21, 2023
Anticipated date of OTC approval: November 9, 2023

General provisions related to Public Improvement Contracts for Construction Services
•  Removing language that limits ODOT’s adoption of DOJ Model Rules to the January 1, 2014, version.
•  Adding language to allow the use of a time-stamping machine.
•  Adding language that notes ODOT’s adoption of DOJ Model Rules for Alternative Contracting Methods, except for any DOJ Model Rules applicable to procurements of construction manager/general contractor services that are adopted under ORS 279A.065(3) and ORS 279C.337(1), for public improvements governed by OAR chapter 731, divisions 5 and 7.
Rule proposed: 731-149-0010
Last date for public comment: September 21, 2023
Anticipated date of OTC approval: November 9, 2023

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.

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

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