Oregon Administrative Code

735-076-0010 The Testing Process (1) If DMV determines a person must reestablish eligibility by taking tests as described in OAR 735-076-0007(2) or after failing a test voluntarily requested as described in OAR 735-076-0009, DMV will issue a notice to the person that the person m…

735-076-0015 When a Driver Medical Report Form or Certificate of Vision Form is Required (1) When DMV determines a Driver Medical Report form (DMV form 735-6587) is necessary to determine the person’s continuing eligibility for driving privileges, as described in OAR 735-076-0007…

735-076-0018 The Process when a Determination of Eligibility from the Medical Determination Officer is Required (1) When DMV determines that the Medical Determination Officer must determine a person’s continuing eligibility for driving privileges, as described in OAR 735-076-0007…

735-076-0020 Suspension or Cancellation of Driving Privileges (1) DMV may issue an immediate suspension of driving privileges in the following situations: (a) If DMV determines from a non-mandatory report that the person has a mental or physical condition that makes it unsafe for…

735-076-0035 Recertification (1) A person may be required to recertify if, after DMV processes a report, the person retains driving privileges or regains driving privileges after a suspension or cancellation. The recertification process requires the person to demonstrate that the…

735-076-0050 Restricted License (1) DMV may issue a restricted license to a person who passes the required tests when DMV determines a restriction on the license is necessary to insure the safe operation of a motor vehicle by the person. These restrictions may include, but are no…

735-076-0052 Restricted Applicant Temporary Permit (1) When a person does not have Oregon driving privileges, their right to apply for driving privileges is suspended under these OAR 735, division 076, rules and the person has medical or testing requirements that must be met prio…

735-076-0060 Hearing Provisions A person issued a notice of suspension or cancellation under these rules has the right to request a contested case hearing. To request a hearing, the person must submit a hearing request that meets the requirements of OAR 735-074-0220. Statutory/Ot…

735-080-0000 Procedures for the Issuance of Parking Permits for Winter Recreation Parking Areas The following procedures apply to the issuance of Winter Recreation Parking Permits (Sno-Park permits) that are required to park certain vehicles in winter recreation parking areas: (1…

735-080-0011 Definitions For the purposes of ORS 811.604 and OAR 735-080-0011 to 735-080-0080 the following definitions apply: (1) “DMV” means the Oregon Department of Transportation, Driver and Motor Vehicle Services. (2) “Person with a disability” has the meaning set forth in O…

735-080-0020 Issuance of Disabled Person Parking Permits (1) Individual — DMV will issue an individual Disabled Person Parking Permit placard, or decal or both, as described in ORS 811.605 to an applicant who: (a) Completes a Disabled Person Parking Permit Application/Renewal: In…

735-080-0040 Replacement of Disabled Person Parking Permits (1) DMV may replace a Disabled Person Parking Permit placards and decals. (2) When the required certificate, as described in OAR 735-080-0020, is not on file with DMV, DMV will not replace a lost, mutilated, or stolen Di…

735-080-0046 Expiration and Renewal of Disabled Person Parking Permits (1) Permits and their placards or decals expire as follows: (a) Temporary Disability Permit - at 11:59 pm on the date not later than six months from the date of issuance. When a certificate specifies an ending…

735-080-0050 Display and Use of Disabled Person Parking Permits (1) A disabled person parking permit may only be used as allowed under ORS 811.635, or 811.637 if issued to an authorized program. (2) The proper display of a disabled person parking permit is to hang the permit from…

735-080-0060 Parking Identification Card Without a Photograph (1) An applicant for an Individual Disabled Person Parking Permit who does not hold a valid driver license, driver permit, or identification card and is unable to go to a DMV office to be photographed, may be issued a …

735-080-0070 Replacement or Renewal of a Parking Identification Card (1) DMV may replace a Parking Identification Card issued under OAR 735-080-0070 if the card is lost, mutilated or destroyed. The replacement will have the same expiration date as the Parking Identification Card …

735-080-0080 Temporary Duplicate Permits (1) DMV may issue a temporary duplicate permit placard, as described in ORS 811.602, to an applicant who needs a second permit to travel outside of the person’s county of residence if the applicant holds a valid Disabled Person Parking Per…

735-080-0100 Submission of Disabled Person Parking Permit Applications and Renewals (1) An applicant must submit all required documents for Disabled Person Parking Permits and placards, as specified in 735-080-0020, as follows: (a) Individual, Wheelchair User, Oregon Wounded Warr…

735-090-0000 Definitions As used in OAR 735-090-0000 through 735-090-0120, unless the context requires otherwise: (1) “Agency” means Driver and Motor Vehicle Services Division (DMV) of the Oregon Department of Transportation. (2) “Error of the Department,” as used in ORS 813.440(…

735-090-0020 Hearings Requests (1) A hearing request must be in writing. The request should include: (a) Petitioner’s full name; (b) Petitioner’s complete mailing address; (c) Date of arrest; (d) Petitioner’s Oregon driver license number; (e) Petitioner’s date of birth; (f) Telep…

735-090-0040 Document Submission Requirements (1) The following documents, sent by police agencies, shall be received by DMV by the tenth day following arrest. These documents are: (a) Original and a copy of the Implied Consent Combined Report, Form 735-0075, and if applicable, t…

735-090-0042 Police Officer Request for an In-Person Hearing A police officer may request that any hearing required under ORS 813.410 be an in-person hearing. The request may be made by: (1) Marking the box provided on the Implied Consent Combined Report, Form 735-0075, or Implie…

735-090-0051 Subpoena of Witness Under no circumstance will DMV or OAH compel a witness to attend and testify at a hearing that determines the validity of a suspension of driving privileges unless the witness is served with a subpoena at least 72 hours prior to the time of the he…

735-090-0066 Witness Information, Requests for Admissions, and Written Interrogatories (1) The Agency finds that use of the discovery methods listed in OAR 137-003-0566(1)(a), (d) and (e) (names, telephone numbers, and addresses of witnesses expected to testify at the hearing, re…

735-090-0101 Hearing Location (1) Except as provided in section (2) of this rule, an in-person hearing will be held either in the county where the alleged offense occurred or at any place within 100 air miles of the place where the offense is alleged to have occurred. There is no…

735-090-0110 Just Cause Petitions Persons wishing to have the agency consider, under ORS 813.440, their grounds for not filing a timely hearing request or for not attending a hearing shall include the following in their petition: (1) The information specified in OAR 735-090-0020(…

735-090-0120 Police Officer Unable to Appear at Hearing (1) If a subpoenaed police officer is unable to appear at a hearing under ORS 813.410 due to an officer’s illness, vacation or official duty conflicts, a hearing will be re-scheduled as soon as practicable. (2) DMV will resc…

735-090-0125 Original Hearing The date of the original hearing, as used in ORS 813.440(1)(f), is the initial date that OAH scheduled a hearing to be held for a particular case, regardless of whether a hearing actually took place on that date. Statutory/Other Authority: ORS 183.34…

735-090-0130 Error of the Department In accordance with the definition of "Error of the Department" specified in OAR 735-090-0000(2), in a hearing that determines the validity of a suspension of driving privileges under ORS 813.410, if hearsay evidence is used to establish the re…

735-100-0000 Authority for Administrative Rules Administrative Rules covering vehicle safety equipment are promulgated under the Oregon Transportation Commission’s authority as set forth in ORS 184.619, and under authority of other statutes of the Oregon Vehicle Code that require…

735-100-0010 Equipment Compliance and Approval (1) The Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA) is designated an approval authority for the Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety). (2) The AMECA’s E…

735-100-0020 Bus Safety Lights Used on Church Buses (1) The Transportation Safety Office of the Department of Transportation (Transportation Safety) adopts the following requirements for eligibility for a permit to allow use of bus safety lights on a church bus, and for the requi…

735-102-0000 Seat Belt Assemblies and Seat Belt Assembly Anchorages The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts: (1) Federal Motor Vehicle Safety Standard (FMVSS) Number 208, Occupant Crash Protection in Passenger Car…

735-102-0010 Child Safety Systems (1) The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts Federal Motor Vehicle Safety Standard (FMVSS) Number 213, Child Restraint Systems, as found in the Code of Federal Regulations, Title 4…

735-102-0030 Bicycle, Skateboard, Scooter and In-Line Skate Protective Headgear (Helmets) (1) The Transportation Safety Office of the Oregon Department of Transportation adopts the mandatory national safety standard for bicycle helmets of the Consumer Product Safety Commission 16…

735-104-0000 Glazing Materials The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts Federal Motor Vehicle Safety Standard (FMVSS) Number 205, Glazing Materials, regarding glazing materials that may be used in vehicle windows a…

735-106-0000 Motor Vehicle Brake Fluids (1) The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts Federal Motor Vehicle Safety Standard (FMVSS) Number 116, Motor Vehicle Brake Fluids, in regard to brake fluids for use in motor …

735-108-0000 Lamps, Reflective Devices and Associated Equipment for Motor Vehicles (1) Transportation Safety adopts FMVSS Number 108, Lamps, Reflective Devices and Associated Equipment, in regard to such equipment and devices used in motor vehicles. This standard is as found in t…

735-108-0005 Definitions Relevant to Division 108 For purposes of OAR 735-108-0000 through 735-108-0110, the following definitions shall apply: (1) Backup lamp in compliance with FMVSS 108 constitutes “back-up lights” for purposes of ORS 811.515, 816.110, and 816.350. (2) Clearan…

735-108-0010 Aiming, Wiring and Mounting of Headlights for Motor Vehicles (1) Transportation Safety adopts aiming, wiring and mounting requirements for motor vehicle headlights. (2) The preparation for aiming of headlights shall be by one of the following methods: (a) Mechanical …

735-108-0020 Bus Safety Warning Lights (1) Transportation Safety adopts SAE Standard J887, School Bus Warning Lamps, August 1987 Edition. (2) For purposes of this rule, school bus warning lamps in compliance with SAE Standard J887 constitutes “bus safety lights” for purposes of O…

735-108-0030 360-Degree Warning Lights (1) Transportation Safety adopts SAE Standard J845, 360 Degree Warning Lamp for Authorized Emergency, Maintenance and Service Vehicles, January 1984 Edition. (2) For purposes of this rule, a 360-degree warning lamp in compliance with SAE Sta…

735-108-0040 Flashing Warning Lights (1) Transportation Safety adopts SAE Standard J595, Flashing Warning Lamps for Authorized Emergency, Maintenance and Service Vehicles, January 1990 Edition. (2) For purposes of this rule, a flashing warning lamp in compliance with SAE Standard…

735-108-0045 Gaseous Discharge Warning Lights (1) Transportation Safety adopts SAE Standard J1318, Gaseous Discharge Warning Lamp For Authorized Emergency, Maintenance and Service Vehicles, April 1986 Edition. Gaseous discharge warning lamps are often referred to as “strobe” ligh…

735-108-0050 Spot Lights (1) Transportation Safety adopts SAE Standard J591, Spot Lamps, May 1989 Edition. (2) For purposes of this rule, spot lamps in compliance with SAE Standard J591 constitutes “spot lights” for purposes of ORS 811.515, 816.170, and 816.350. (3) A spot lamp p…

735-108-0060 Auxiliary Driving Lamps for Motor Vehicles (1) Transportation Safety adopts SAE Standard J581, Auxiliary Driving lamps, June 1989 Edition. (2) For purposes of this rule, auxiliary driving lamps in compliance with SAE Standard J581 constitutes “passing lights” for pur…

735-108-0065 Mounting, Wiring and Aiming of Auxiliary Driving Lamps for Motor Vehicles (1) Transportation Safety adopts the mounting requirements for motor vehicle auxiliary driving lamps as follows: (a) If one lamp is installed, mount the lamp on the left front side of the motor…

735-108-0070 Fog Lamps for Motor Vehicles and Trailers (1) Transportation Safety adopts SAE Standard J583_201609, Front Fog Lamps, Revised 2016-09-21: (a) For purposes of this rule, front fog lamps in compliance with SAE Standard J583_201609 constitute “fog lights” for purposes o…

735-108-0073 Mounting, Wiring and Aiming of Front Fog Lamps for Motor Vehicles (1) Transportation Safety adopts the mounting requirements for front fog lamps as follows: (a) If one lamp is installed, mount the lamp on the left side of the motor vehicle; (b) If two lamps are insta…

735-108-0076 Mounting, Wiring and Aiming of Rear Fog Lamps for Motor Vehicles and Trailers (1) Transportation Safety adopts the mounting requirements for rear fog lamps as follows: (a) If one lamp is installed, mount the lamp on the left side of the motor vehicle; (b) If two lamp…