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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.

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
Last date for public comment: August 21, 2022
Anticipated date of OTC approval: September 14, 2022

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.​

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 proposed: 740-060-0040
Anticipated date of OTC approval: September 14, 2022

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

Annual adoption of Federal Safety Regulations/Out of Service Criteria
The proposed amendments constitute an annual adoption of federal regulations. The changes 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. OAR 740-100-0100 is amended to update the title from Maximum Fine Schedule to read Uniform Maximum Fine Schedule, and eliminate reference to the previously repealed OAR 740-100-0110.
Rules amended or adopted: 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 10, 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.

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 proposed: 735-001-0050, 735-063-0380, 735-063-0390
Last date for public comment: August 21, 2022
Anticipated date of OTC approval: September 14, 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
Last date for public comment: August 21, 2022
Anticipated date of OTC approval: September 14, 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 proposed: 735-063-0210, 735-063-0240
Last date for public comment: August 21, 2022
Anticipated date of OTC approval: September 14, 2022

​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.

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 to be amended: 735-024-0150
Anticipated date of OTC approval: September 14, 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 to be amended: 735-040-0090
Anticipated date of OTC approval: September 14, 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 to be adopted: 735-062-0084
Anticipated date of OTC approval: September 14, 2022

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

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

Titling Former Park Model Recreational Vehicles (permanent)
Oregon Laws 2021, chapter 157 authorizes DMV to issue Oregon vehicle titles to vehicles that no longer meet the definition of park model recreational vehicle (PMRV) if they met the definition of PMRV when originally manufactured and were used as living quarters on or before January 1, 2021. The law also prohibits DMV from issuing vehicle registration to these vehicles.

Rules changed: 735-022-0070, 735-022-0140, 735-022-0150, 735-022-0160
Filed and effective: March 10, 2022

Road Usage Charge (RUC) Program Removal Initiating Additional Vehicle Registration Fee; Exceptions (permanent)
Section 93 of HB 3055 (OL 2021, chapter 630) requires DMV to establish by rule the circumstances in which a person who is removed from the road usage charge (RUC) program is required to pay an additional amount that would have otherwise been due with respect to the subject vehicle.  The additional fee can be a portion of, or equal to, the amount of the fee previously waived.
Rule changed: 735-030-0125
Filed and effective: March 10, 2022

Reinstating Suspension for not Attending School No Longer Needed - Suspension Authority Repealed​​
Oregon law previously authorized DMV to suspend driving privileges of a person under 18 years of age if notified by a school superintendent or a school district board that the youth is not attending school as required. In 2021, the Oregon Legislature repealed that authority. DMV is amending OAR 735-062-0035 to remove the requirements for reinstating driving privileges following a suspension ordered under ORS 809.423(1) because DMV’s authority to suspend is repealed.
Rule changed: 735-062-0035
Filed and effective: March 10, 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​​.​
Access Management 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 proposed: 734-051-1070, 734-051-3020
Last date for public comment: April 21, 2022
Anticipated date of OTC approval: May 12, 2022

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.
Delegating Speed Zone Investigations and Setting Speeds for Public Roads to Local Public Agencies
The Legislature recently amended ORS 810.180 to authorize the ODOT to delegate authority for conducting speed zone investigations and set speeds on public roads to cities and to Clackamas and Multnomah Counties. These rule changes establish the process to be used by public agencies to request authority to set speeds.
Rules proposed: ​734-020-0013, 734-020-0014, 734-020-0015
Anticipated date of OTC approval: March 10, 2022

POW/MIA Eligibility for Roadside Memorial Sign Program
HB 2700 allows for those designated as either a prisoner of war or unaccounted for by the Defense POW/MIA Accounting agency to be eligible for a sign in ODOT’s Roadside Memorial Sign Program without a resolution passed by the Oregon Legislature.
Rule amended: 734-026-0030
Filed and effective: November 23, 2021

​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​.

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
Anticipated date of OTC approval: May 12, 2022

​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 have been amended 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.​
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
Filed and effective: January 25, 2022

Rural Veterans Healthcare Transportation Grant Program​​
This amendment was needed to bring the existing eligibility rule into alignment with the superseding authority of House Bill 2139, signed by Governor Brown, July 14, 2021.
Rule changed: 732-020-0050
Filed and effective: January 25, 2022

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.

Administration 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 proposed: 731-030-0030, 731-030-0050, 731-030-0100, 731-030-0110, 731-030-0120, 731-030-0130, 731-030-0150, 731-030-0170
Last date for public comment: August 21, 2022
Anticipated date of OTC approval: September 14, 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.​

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 to be adopted: 731-147-0810
Anticipated date of OTC approval: September 14, 2022

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

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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You can track the rulemaking activity of any ODOT division or all of them.