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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.​

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the title from Maximum Fine Schedule to read Uniform Maximum Fine Schedule, and eliminate reference to the previously repealed OAR 740-100-0110.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 proposed: 740-100-0010, 740-100-0065, 740-100-0070, 740-100-0080, 740-100-0085, 740-100-0090, 740-100-0100, 740-110-0010
Anticipated date of OTC approval: March 10, 2022

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

Annual adoption of federal regulations and housekeeping
These amendments adopt the 1/1/22 regulations for IRP, HVUT and IFTA. Housekeeping changes include correction of form names, update of web address and removal of dated references.
Rules amended: 740-015-0020, 740-015-0030, 740-015-0100, 740-035-0145, 740-200-0010, 740-200-0020, 740-200-0040
Filed and effective: November 23, 2021

​​​​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 public 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.

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 proposed: 735-022-0070, 735-022-0140, 735-022-0150, 735-022-0160
Anticipated date of OTC approval: 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 proposed: 735-030-0125
Anticipated date of OTC approval: 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 proposed: 735-062-0035
Anticipated date of OTC approval: March 10, 2022

RECENTLY ADOPTED DMV RULES

These rule changes have been adopted approximately within the last six months.

CDL Entry Level Driver Training Requirements
Recent legislation requires DMV establish, by rule, requirements for entry-level commercial motor vehicle driver training. Entry-level drivers are applicants for a Class A or Class B Commercial Driver License (CDL), or a CDL hazardous materials, passenger, or school bus endorsement for the first time. DMV will ensure the applicant completes all ELDT requirements before issuance of a Class A or B CDL or listed CDL endorsement.  The ELDT requirements apply to applicable commercial driving privileges issued on or after February 7, 2022.
Rules amended: 735-001-0050, 735-060-0003, 735-060-0055, 735-060-0105, 735-060-0145, 735-063-0205, 735-063-0260, 735-063-0262, 735-063-0290
​Filed and effective : January 25, 2022

Motorcycle Rider Education Courses
Recent legislation authorizes DMV to approve motorcycle rider education courses from outside of Oregon.  The law allows DMV to waive the knowledge test and skills test requirements for applicants who apply for a motorcycle endorsement if the applicant completed an out-of-state motorcycle rider education course while temporarily residing outside of this state as long as the applicant is domiciled in or a resident of this state.​
Rules amended: 735-062-0002, 735-062-0040, 735-062-0078, 735-062-0080, 735-062-0140
Filed and effective: January 25, 2022

Emergency Contact Form
HB 3125 requires DMV to create an emergency contact information form and make it available to individuals. DMV would only disclose the emergency contact information to a police officer when the individual is killed, seriously injured or rendered unconscious and is unable to independently communicate with police officers.
Rule adopted: 735-018-0180
Filed and effective: November 23, 2021

Posessory Lien Foreclosure
HB 2311 requires possessory lien claimants to file with DMV a surety bond or irrevocable letter of credit in the amount of $20,000, provide a yearly certification of continued coverage, and to file a new surety bond or irrevocable letter of credit with DMV within three days after the date of any recovery against the surety bond or irrevocable letter of credit.
Rule adopted: 735-020-0014
Filed and effective: November 23, 2021

Replacement Title Transactions
DMV removed the requirement that all parties listed on the vehicle certificate of title sign the application for replacement title before DMV will issue a replacement certificate of title for the vehicle. Since a replacement title does not change vehicle ownership and transfer of ownership would still require all owner signatures, this efficiency poses no risk to vehicle ownership.
Rule amended: 735-026-0000
Filed and effective: November 23, 2021

Odometer Disclosure
HB 3055 gives DMV the authority to exempt vehicles from the odometer disclosure requirements in accordance with federal laws, rules or regulations.
Rules amended: 735-028-0000, 735-028-0005, 735-028-0010, 735-028-0090
Filed and effective: November 23, 2021

Deaf or Hard of Hearing Indicator
DMV amended its rules to include that a person can add information on the driver license or registration card that the registered owner, or a person who may operate a vehicle, is deaf or hard of hearing.
Rules amended: 735-030-0105, 735-062-0110
Filed and effective: November 23, 2021

Replacement of Single Vehicle Registration Plate
HB 3055 gives DMV the authority to replace a single registration plate, including as a duplicate configuration, rather than replace both registration plates when the owner requests DMV to issue a single duplicate registration plate.
Rule amended: 735-032-0000
Filed and effective: November 23, 2021

Identification Card Issuances to Applicants Experiencing Homelessness​
HB 3026 requires DMV to issue identification cards free of charge to applicants who are experiencing homelessness. The applicant must present to DMV a form that was completed by a nonprofit organization certifying the applicant is experiencing homelessness to qualify for the fee waiver.
Rule adopted: 735-062-0133
Filed and effective: November 23, 2021

Ending COVID-19 Medical Qualification and TSA Waivers
DMV amended two of its rules to permanently restore the requirement that CDL-required excepted interstate and non-excepted intrastate CMV operators provide proof of medical qualification to DMV in order to maintain a CDL or CLP and to remove outdated language that allowed certain CDL operators with a hazardous materials endorsement (HME) an additional 180 days to file a TSA security threat assessment (STA) with DMV before cancellation of the operators’ CDL.
Rules amended: 735-063-0220, 735-063-0290
Filed and effective: November 23, 2021

Vehicle Registration Suspensions
HB 3055 repeals ORS 809.020 and 809.080. As a result, DMV repealed OAR 735-070-0050 because the statutory authority for the agency’s rulemaking was provided by ORS 809.020.
Rule repealed: 735-070-0050
Filed and effective: November 23, 2021

Vehicle Dismantler Catalytic Converter Civil Penalty​​
SB 803 authorizes DMV to impose a civil penalty on a dismantler that acquires a catalytic converter, or a component of a catalytic converter, that has been removed from a vehicle and is offered for sale as an independent item, separate and distinct from a vehicle acquisition; or fails to maintain records for three years from the date of acquisition of a major component part, including the sale or disposal of a catalytic converter.
Rules amended: 735-152-0000, 735-152-0031, 735-152-0060
Filed and effective: November 23, 2021

Fire Inspector’s Report for Dismantler Certificate​​
DMV updated its rules concerning dismantler certificates to ensure the environmental safeguards placed on the industry are not circumvented, to ensure dismantlers are provided adequate time to submit the required fire inspection report, and to enable DMV’s enforcement of the requirement without using overly punitive actions.
Rules amended: 735-152-0005, 735-152-0007
Filed and effective: November 23, 2021

Titling Former Park Model Recreational Vehicles (temporary)
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.
Rule amended: 735-022-0140
Rule adopted: 735-022-0160
Date filed: September 13, 2021
Effective: September 13, 2021 through March 11, 2022

Road Usage Charge Program (temporary)
HB 3055 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 adopted: 735-030-0125
Date filed: September 13, 2021
Effective: September 25, 2021 through March 23, 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.

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 proposed: 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
Last date for public comment: April 21, 2022
Anticipated date of OTC approval: 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 proposed: 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
Last date for public comment: April 21, 2022
Anticipated date of OTC approval: May 12, 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.​ 

There are no recently closed rules in this category at this time.
RECENTLY ADOPTED ODOT RULES
These rule changes have been adopted approximately within the last six months.​
Restrictions on the Use of Diesel Vehicles and Equipment on Certain Public Improvement Contracts (Clean Diesel rules)
Recent legislation authorizes ODOT to adopt administrative rules relating to the use of diesel engines on site and in the course of performing a public improvement contract. In the development of administrative rules ODOT is required to, and has, considered minimum standards established by the Oregon Department of Environmental Quality, pursuant to Oregon Laws, Chapter 645.
Rules changed: 731-005-0430, 731-005-0800, 731-149-0020
Filed and effective: January 25, 2022
Repeal of Chapter 731, Division 60 in its Entirety
HB 3055, section 129 repeals ORS 184.631 which was ODOT's authority for the Commercial Products Research and Development Program. With the repeal of ORS 184.631 ODOT has repealed OAR chapter 731 division 60 in its entirety. The program has been effectively dormant since March 2008.
Rules repealed: 731-060-0000, 731-060-0010, 731-060-0020, 731-060-0030, 731-060-0040, 731-060-0050, 731-060-0060, 731-060-0070
Filed and effective: November 23, 2021
Sales of Tax-Exempt Motor Vehicle Fuels to ODOT-Certified Indian Tribes​​
HB 3055 provides for licensed Motor Vehicle Fuel Dealers to sell tax-exempt motor vehicle fuels to ODOT-certified Indian tribes, Tribal entities, and Tribal member entities. Section 165(5) of the bill requires ODOT to adopt rules prescribing the processes, forms and information that the forms must include for the certification.
Rule amended: 735-170-0000
Rules adopted: 735-170-0075, 735-170-0085
Filed and effective: November 23, 2021

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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