84 sections in this chapter.
ORS 802.010 Duties of Department of Transportation regarding motor vehicles and drivers. (1) The Department of Transportation shall perform all of the duties, functions and powers with respect to the following
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(a) The administration of the laws relating to the motor vehicle fuel license tax, aircraft fuel license tax and use fuel license tax including ORS chapter 319. (b) The administration of the laws relating to motor vehicle registration and titling and the issuance of certificates …
ORS 802.012 Rules for acceptance of information submitted other than on paper; effect of submission. (1) Notwithstanding other provisions of the Oregon Vehicle Code relating to certifications, signatures, forms or similar requirements, the Department of Transportation may adopt rules for acceptance and verification by telephone or electronic means of information customarily provided on paper forms. Rules shall address
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(a) The use of credit card, debit card personal identification numbers or other identification numbers as a means of identification; (b) The acceptance of information and statements given orally, over the telephone or mechanically by electronic data entry; and (c) The use of mech…
ORS 802.020 Administrative facilities for enforcement of motor vehicle laws. The Department of Transportation
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(1) Shall purchase the necessary stationery, record books, registration plates and postage, provide for the printing and all other necessary and incidental expenses, employ the necessary clerical assistance, and lease such real estate and buildings as the department deems necessa…
ORS 802.030 [1983 c.338 §116; 1985 c.16 §31; 1985 c.171 §3; 1985 c.416 §6; 1987 c.146 §1; repealed by 1997 c.583 §9]
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[Repealed or reserved.]
ORS 802.031 Designation of dealers and others as agents of department. (1) Nothing in ORS 802.600 prohibits the Department of Transportation from adopting rules to
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(a) Authorize persons to act as agents for the department for the purpose of issuing winter recreation parking permits. (b) Designate vehicle dealers holding a valid certificate issued under ORS 822.020 to act as agents of the department for purposes of accepting documents and fe…
ORS 802.033 [2001 c.141 §1; 2005 c.375 §1; renumbered 822.043 in 2005]
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[Repealed or reserved.]
ORS 802.040 Specification of certain ways of reporting. (1) The Department of Transportation shall specify the minimum contents of a report about, and the means for reporting, accidents that are required to be reported under ORS 810.460, 811.725, 811.730 and 811.735. The department shall consult with the state police and city and county law enforcement officials before approving means for accident reports required under ORS 810.460. Any means of reporting specified under this subsection shall require sufficiently detailed information to disclose, with reference to a traffic accident, the cause, conditions then existing and the persons and vehicles involved. Upon request, if the department adopts forms as one means of reporting accidents, the department shall make the forms available through police departments, sheriffs’ offices and other suitable agencies or individuals
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(2) The department shall assure that any means specified under subsection (1) of this section for use in accident reports required under ORS 811.725, 811.730 and 811.735 include a way of making owners aware of the definition of a totaled vehicle and of the owner’s duty under ORS …
ORS 802.050 Publications; fees. (1) The Department of Transportation may compile, publish and distribute a vehicle code book containing statutes administered by the department concerning vehicles and drivers, along with other related laws. The department may establish and collect a reasonable fee for books issued to groups or persons who are not employees of the department. Any fee established under this section shall not exceed the costs of the compilation, publication and distribution of the books
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(2) The department shall publish statistical information based on the analysis and tabulation of accident reports under ORS 802.220. Publication under this subsection shall be annual or at more frequent intervals. (3) The department shall make rules it adopts concerning aiming of…
ORS 802.060 Acceptance of grants and other moneys for traffic safety programs; contracts. The Department of Transportation may
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(1) Apply for, accept and receive such grants, contributions or other moneys as may be available to this state or any of its agencies for research and other programs concerning the safe operation of motor vehicles upon the highways, including research or educational programs for …
ORS 802.070 Department to assist schools in promoting highway safety. The Department of Transportation shall assist accredited schools and educational institutions of this state in the promotion of highway safety and shall carry on with other activities under the laws providing for the registration of motor vehicles and motor vehicle operators and chauffeurs, other projects having for their purpose the prevention of motor vehicle accidents. [1983 c.338 §877]
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[Repealed or reserved.]
ORS 802.075 Rules for accident prevention course. The Department of Transportation shall adopt rules for approval of a motor vehicle accident prevention course that will qualify a person for the reduction in premium provided by ORS 742.490 to 742.494. The rules may include requirements for the contents of a course and qualifications of an organization offering a course. [1989 c.379 §8]
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[Repealed or reserved.]
ORS 802.080 [1983 c.338 §878; 1987 c.55 §1; renumbered 366.157 in 1991]
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[Repealed or reserved.]
ORS 802.085 [1993 c.713 §41; repealed by 2015 c.8 §11]
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[Repealed or reserved.]
ORS 802.087 Rules for assisting offenders in obtaining driver license or identification card. The Department of Transportation and the Department of Corrections jointly shall adopt rules and enter into interagency agreements necessary to assist offenders in obtaining a driver license or identification card prior to an offender’s release from a Department of Corrections institution. [2009 c.138 §2]
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[Repealed or reserved.]
ORS 802.090 [1983 c.338 §870; 1985 c.16 §439; 1989 c.979 §1; 1993 c.713 §4; 1993 c.751 §11; renumbered 247.017 in 1993]
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[Repealed or reserved.]
ORS 802.091 Removal of debris following motor vehicle accident. (1) The Department of Transportation shall pay reasonable costs for the removal of any vehicle, cargo or debris resulting from a motor vehicle accident if
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(a) The motor vehicle accident resulted in the death of a person 18 years of age or younger; (b) The accident occurred on a state highway; (c) The surviving family members would otherwise be responsible for the cost of the cleanup; and (d) There is no insurance available. (2) Sub…
ORS 802.093 [2020 s.s.1 c.15 §21; repealed by 2022 c.25 §3]
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FINANCIAL ADMINISTRATION
ORS 802.100 Accounts related to driver and vehicle services; uses. The following accounts are established separate and distinct from the General Fund for the financial administration of those functions of the Department of Transportation dealing with driver and motor vehicle services in accordance with ORS 802.110
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(1) The Department of Transportation Driver and Motor Vehicle Suspense Account. The account established under this subsection is a suspense account in the State Treasury that is used to deposit moneys received by the department related to driver and motor vehicle services and to …
ORS 802.110 Procedures for financial administration; receipt and disposition of moneys; refunds; payments; limitations. Any procedures the Department of Transportation establishes for financial administration of those functions of the department dealing with driver and motor vehicle services and for the disposition and payment of moneys it receives from the provision of driver and motor vehicle services shall comply with all of the following
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(1) The department shall deposit all moneys it receives related to driver and motor vehicle services in the Department of Transportation Driver and Motor Vehicle Suspense Account for approved expenses and disbursals before payment of general administrative expenses of the departm…
ORS 802.112 Surcharge for certain transactions; rules. The Department of Transportation may impose a surcharge on any fee the department is authorized to collect if the fee is imposed for a transaction that can be accomplished by a customer of the department in more than one way and the customer chooses the more expensive way. A surcharge imposed under this section may be added to the amount tendered by the customer to offset fees charged to the department for acceptance and use of a credit card. A surcharge may not be imposed under this section until the department adopts rules specifying transactions for which the surcharge will be imposed. [1993 c.751 §9; 2019 c.312 §35]
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[Repealed or reserved.]
ORS 802.120 Snowmobile fuel tax moneys; amount; disposition. (1) Motor vehicle fuel used and purchased for providing the motive power for snowmobiles shall be considered a nonhighway use of fuel
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(2) The Director of Transportation shall withhold, from taxes collected under ORS chapter 319 during June of each year, amounts the director determines to have been paid as tax under ORS chapter 319 on fuel used in snowmobiles during the preceding 12-month period ending June 30 a…
ORS 802.125 Transfer of all-terrain vehicle fuel taxes or special use fuel license fees. (1) The Department of Transportation shall transfer to the State Parks and Recreation Department amounts described in subsection (2) of this section that are paid to the Department of Transportation and determined by the department to be paid with respect to fuel used by Class I, Class II, Class III and Class IV all-terrain vehicles in off-highway operation
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(2) The amounts referred to in subsection (1) of this section are: (a) Amounts paid as motor vehicle fuel tax under ORS 319.020 and 319.530 that are not refunded; and (b) Special use fuel license fees paid under ORS 319.535. (3) The Department of Transportation shall determine th…
ORS 802.130 [1985 c.459 §19; 1987 c.88 §§1,2; 1987 c.254 §1; 1987 c.587 §8; 1989 c.991 §3; 1993 c.233 §11; 1995 c.774 §9; repealed by 1999 c.977 §38]
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[Repealed or reserved.]
ORS 802.140 [1985 c.459 §20; 1987 c.587 §9; 1989 c.661 §2; 1989 c.991 §4; 1997 c.229 §1; repealed by 1999 c.977 §38]
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[Repealed or reserved.]
ORS 802.150 [1985 c.744 §4; 1987 c.730 §8; 1987 c.904 §1; 1987 c.905 §31; repealed by 2015 c.138 §18]
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[Repealed or reserved.]
ORS 802.155 Safety Education Fund; uses. (1) There is created the Safety Education Fund, separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund
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(2) Moneys deposited in the Safety Education Fund from the Criminal Fine Account are continuously appropriated to the office of the administrator of the Transportation Safety section of the Department of Transportation to be used for safety education programs: (a) That provide in…
ORS 802.160 Use of revocation and suspension reinstatement fees. The fees collected under ORS 807.370 for the reinstatement of suspended and revoked driving privileges shall be applied by the Department of Transportation to the cost of preparing and serving notices of suspension or revocation and to the cost of administering the driver improvement program authorized under ORS 809.480. [1983 c.338 §130]
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[Repealed or reserved.]
ORS 802.170 Uncollectible tender of payment; procedures. If any person pays the Department of Transportation any fee or tax with a bank check and the check is returned to the department as uncollectible, or if a person pays the department with a credit or debit card and for any reason the department does not get payment from the issuer of the card, the department may charge the person the fee for dishonored checks or other orders for the payment of money under ORS 30.701 (5). If the person does not pay the fee charged under this section, the department may do all of the following
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(1) Suspend or cancel, or refuse to issue or renew, any vehicle registration, vehicle title or vehicle permit in payment of which the check or other order for the payment of money was presented. (2) Cancel, or refuse to issue or renew, any driver license or driver permit in payme…
ORS 802.175 Definitions for ORS 802.175 to 802.191. As used in ORS 802.175 to 802.191
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(1) “Motor vehicle record” means any record that pertains to a grant of driving privileges, an identification card issued by the Department of Transportation, a vehicle title or a vehicle registration. (2) “Person” means an individual, an organization or an entity, but does not i…
ORS 802.177 Prohibition on release of personal information from motor vehicle records. (1) Except as otherwise provided in ORS 802.179, neither the Department of Transportation nor any officer, employee or contractor of the department may knowingly disclose or otherwise make available to any person personal information about an individual that is obtained by the department in connection with a motor vehicle record
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(2) Except as provided in ORS 802.275, the department may not disclose an individual’s emergency contact information that is obtained by the department in connection with a motor vehicle record. [1997 c.678 §3; 2021 c.465 §3]
ORS 802.179 Exemptions from prohibition on release of personal information from motor vehicle records; rules. (1) The Department of Transportation, upon request or as required by law, shall disclose personal information from a motor vehicle record to a government agency for use in carrying out its governmental functions
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(2) The department shall disclose personal information from a motor vehicle record for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor ve…
ORS 802.180 [1983 c.338 §135; 1993 c.751 §13; repealed by 1997 c.583 §9]
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[Repealed or reserved.]
ORS 802.181 Redisclosure by authorized recipients of personal information from motor vehicle records. (1) Except as otherwise provided in subsections (2) to (5) of this section, a person or government agency that is authorized under ORS 802.179 to receive personal information from motor vehicle records may resell or redisclose the information only
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(a) To a person or government agency authorized to receive the information under ORS 802.179 and only if the person or government agency is authorized by the Department of Transportation to receive the resold or redisclosed information; and (b) For purposes authorized under ORS 8…
ORS 802.183 Fees for and rules regarding release of personal information from motor vehicle records. (1) The Department of Transportation may establish fees reasonably calculated to reimburse it for its actual cost in making personal information available to a person or government agency authorized under ORS 802.179 to obtain the information. Fees established under this subsection are subject to the provisions of ORS 192.324 (4) to (6)
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(2) The department may adopt rules specifying conditions that must be met by a person or government agency requesting personal information under ORS 802.179. Such conditions may include but need not be limited to: (a) Providing reasonable assurance of the identity of the requeste…
ORS 802.185 Notice to individual of certain requests for information; waiver. The Department of Transportation may establish a procedure under which the department, upon receiving a request for disclosure of personal information that does not come from a person or government agency authorized under ORS 802.179 to receive the information or does not fall within one of the uses permitted under ORS 802.179, may mail a copy of the request to the individual about whom the information was requested. The copy of the request shall be accompanied by a statement that the personal information requested will not be disclosed unless the individual waives any right to privacy created by ORS 802.175 to 802.187. [1997 c.678 §7]
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[Repealed or reserved.]
ORS 802.187 Relationship to other privacy statutes; access to information about self. (1) Nothing in ORS 802.175 to 802.187 authorizes disclosure by the Department of Transportation of personal information that is barred from disclosure by the provisions of ORS 192.355 (2) or 192.368
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(2) Nothing in ORS 802.175 to 802.187 prohibits an individual from having access to personal information about the individual that is contained in motor vehicle records. [1997 c.678 §8]
ORS 802.189 Criminal penalty for violation of ORS 802.175 to 802.187. Knowingly obtaining or using personal information from a motor vehicle record in violation of ORS 802.175 to 802.187 is a Class A misdemeanor. [1997 c.678 §9]
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[Repealed or reserved.]
ORS 802.191 Civil action for violation of ORS 802.175 to 802.187. (1) A person aggrieved by an intentional violation of ORS 802.175 to 802.187 may bring an action at law against a person who has knowingly obtained or used personal information about the aggrieved person in violation of ORS 802.175 to 802.187. The action shall be for actual damages or $2,500, whichever is greater, plus attorney fees and court costs reasonably incurred in the action
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(2) A person aggrieved by a violation of ORS 802.175 to 802.187, a district attorney or the Attorney General may obtain appropriate relief to enforce ORS 802.175 to 802.187, together with attorney fees and costs reasonably incurred in an action for relief. (3) Any person whose us…
ORS 802.195 Social Security numbers; disclosure; fees; penalty. (1) As used in this section
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(a) “Motor vehicle record” means any record that pertains to a grant of driving privileges, an identification card issued by the Department of Transportation, a vehicle title or a vehicle registration. (b) “Person” has the meaning given that term in ORS 802.175. (2) Neither the D…
ORS 802.200 Required records; rules. In addition to any other records the Department of Transportation may establish, the department is subject to the following provisions concerning records
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(1) The department shall maintain records concerning the titling of vehicles in this state. The records under this subsection shall include the following: (a) For vehicles issued a title by this state, the records shall identify the vehicle and contain the following: (A) The name…
ORS 802.202 Conditions for disclosure of drug test results. The Department of Transportation shall disclose information about a drug test result that is made to the department under ORS 825.410 or 825.415 only if the person who requests the information provides the department with written permission from the person who is the subject of the report. [1999 c.1099 §9; 2013 c.163 §5]
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[Repealed or reserved.]
ORS 802.210 Records of notification of approaching expiration of registration or license not required. The Department of Transportation is not required to maintain records on any of the following
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(1) The preparation and notification required on approaching expiration of registration under ORS 803.450. (2) The preparation and notification required on approaching expiration of driver license or driver permit under ORS 807.140. [1983 c.338 §125; 1985 c.16 §35; 2015 c.404 §4;…
ORS 802.220 Availability of records; fees authorized. (1) Except as otherwise provided in this subsection and ORS 802.177, the records the Department of Transportation maintains under ORS 802.200 on vehicles are public records. The records of vehicles registered under ORS 805.060 are not public records and are exempt from public inspection as provided under ORS 181A.220 and are for the confidential use of criminal justice agencies described under ORS 181A.010. The department may charge the fee established under ORS 802.230 for furnishing information under this section concerning a vehicle or its owner
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(2) The department may charge the fee established under ORS 802.230 for furnishing to the public information from the records the department maintains under ORS 802.200 concerning driver licenses or driver permits. (3) The records the department keeps under ORS 802.200 on judgmen…
ORS 802.222 [1989 c.396 §2; repealed by 1997 c.678 §15]
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[Repealed or reserved.]
ORS 802.224 [1991 c.568 §3; 1993 c.37 §1; 1993 c.224 §1; repealed by 1997 c.678 §15]
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[Repealed or reserved.]
ORS 802.230 Fees for records. (1) The fee for furnishing information concerning vehicle registration records under ORS 802.220 is a reasonable fee established by the Department of Transportation
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(2) The fee for furnishing information concerning driver licenses or driver permits under ORS 802.220 is a reasonable fee established by the department. (3) The fee for an abstract of driving record under ORS 802.220 is a reasonable fee established by the department. (4) The fee …
ORS 802.240 Driver and vehicle records as evidence. (1) In all actions, suits or criminal proceedings when the title to, or right of possession of, any vehicle is involved, the record of title, as it appears in the files and records of the Department of Transportation, is prima facie evidence of ownership or right to possession of the vehicle. As used in this section, the record of title does not include records of salvage titles unless the record itself is the salvage title. Proof of the ownership or right to possession of a vehicle shall be made by means of any of the following methods
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(a) The original certificate of title as provided under ORS 803.010. (b) A copy, certified by the department, of the title record of the vehicle as the record appears in the files and records of the department. (2) Extrinsic evidence of authenticity is not required as a condition…
ORS 802.250 Records containing residence address of eligible public employee or household member. (1) An eligible public employee may request that any driver or vehicle record kept by the Department of Transportation that contains or is required to contain the eligible employee’s residence address contain instead the address of the public agency employing the eligible employee. A request under this section shall
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(a) Be in a form specified by the department that provides for verification of the eligible employee’s employment. (b) Contain verification by the employing public agency of the eligible employee’s employment with the public agency. (2) Upon receipt of a request and verification …
ORS 802.251 [1991 c.523 §3; 2005 c.292 §4; renumbered 802.255 in 2005]
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[Repealed or reserved.]
ORS 802.253 Records containing residence address of corrections officer or household member. (1) As used in this section
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(a) “Correctional facility” means an institution used for the confinement of persons convicted of a criminal offense or held by court order. (b) “Corrections officer” means a person employed in a correctional facility, wherever it may be located, who primarily performs the duty o…