Administrative Rules

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