ODOT Notice of Proposed Rulemaking and Final Rules Filed

You are subscribed to ODOT rulemaking updates for one or more of the divisions listed below. Information on the rulemaking website has been updated and is now available. Click a division name to link to the corresponding web page. To comment on any of the proposed rules send an email to Lauri Kunze or mail your comments to ODOT Administrative Rules Coordinator, 355 Capitol Street NE, MS 51, Salem OR 97301.

Highway Division

Variable Speed Zones; Locations and Criteria

Minor edits have been made to 734-020-0018, adding an acronym and changing the number of years records must be retained. As amended, 734-020-0019 will establish locations of variable speed limits on the Old Oregon Trail Highway (I-84) in the Baker Valley area. This amendment also significantly modifies the criteria for changing speeds and provides descriptions for congestion subsystem, weather subsystem, manual intervention and general conditions.

Rules to be amended: 734-020-0018, 734-020-0019
Last date for public comment: October 21, 2015

DMV 

Six Notices of Proposed Rulemaking filed and one final rule filed

Exemption from County Registration Fees

In part, Chapter 404, Oregon Laws 2015 amends ORS 801.041 to prohibit counties from imposing a vehicle registration fee on vehicles registered to an employment address, when the registered owner is an eligible employee or household member who resides in another county.  Proposed OAR 735-032-0070 establishes the procedure to notify DMV when an eligible employee or household member's residence address is not within the county of the employment address.

Rule to be adopted: 735-032-0070
Last date for public comment: October 21, 2015

Vehicle Dealer-Only Auctions

Recent legislation changes the requirements for who can buy and sell vehicles in a vehicle auction held by a certified Oregon vehicle dealer (dealer-only auction) without holding an Oregon vehicle dealer certificate. ORS 822.015 previously provided an exemption from Oregon vehicle dealer certification requirements for dealers licensed in other jurisdictions and their authorized representatives when participating in a dealer-only auction. Under amended ORS 822.015, only certified Oregon vehicle dealers or dealers licensed in another jurisdiction or their employees may participate in a dealer-only auction.

Rules to be amended: 735-150-0010, 735-150-0017, 735-150-0020, 735-150-0047, 735-150-0110
Last date for public comment: October 21, 2015

Dealer Fees for Document Preparation

ORS 822.043 authorizes vehicle dealers to charge a fee to prepare DMV documents necessary to issue or transfer title and registration on behalf of a vehicle purchaser. Recent amendments to ORS 822.043 repeal DMV's authority to set the fee amount by rule and establish a new statutory document-processing fee of $150, if the dealer uses an integrator (a third party independent contractor); or $115, if the dealer does not use an integrator. The proposed amendment of OAR 735-150-0055 and 735-150-0140 removes reference to the fee to prepare documents, formerly set by rule, and updates rule text to conform to the legislation.

Rules to be amended: 735-150-0055, 735-150-0140
Last date for public comment: October 21, 2015

Proof of School Attendance Needed for Driving Privileges if Under 18

ORS 807.066 was recently amended so that a parent or legal guardian of an applicant under 18 years of age can certify that the applicant attends school, rather than the applicant needing to provide a form that must be completed by a school representative. During summer months many teens are unable to complete the process as there is no one at the school to provide the necessary proof of attendance. However, if DMV suspends the driving privileges of a person under 18 years of age based on notice from a school that a student has withdrawn from school, DMV will not accept a certification from a parent or legal guardian to reinstate driving privileges.

Rule to be amended: 735-062-0035
Last date for public comment: October 21, 2015

Requirements for Proof of SSN; Replacement Driver License; License without Photograph

735-062-0005 -- DMV has learned that the Social Security Administration does not issue a letter stating that a person is not eligible for a social security number. This amendment specifies that DMV will not accept proof of ineligibility for a social security number from a person who presents proof of being a citizen or lawful permanent resident of the United States or proof of being legally present with authorization for employment in the United States.
735-062-0110 -- Because DMV currently issues replacement driver licenses or identification cards using the previous photo on file, this rule is being amended to allow a replacement driver license, driver permit or identification card with a new photograph under certain circumstances.
735-062-0120 -- Authorizes DMV to issue a driver license without a photograph to a person in the military who is stationed outside of Oregon under certain circumstances.

Rules to be amended: 735-062-0005, 735-062-0110, 735-062-0120
Last date for public comment: October 21, 2015

Medical Exemption from IID; Negative Report from IID

Negative Reports -- Chapter 577, Oregon Laws 2015 (SB 397) places new requirements on providers of ignition interlock devices (IIDs) to submit negative reports
to those specified in law or to provide a certificate of no negative report at certain times. Amendments to 735-064-0070 clarify conditions for hardship-probationary permits.
Medical Exemption -- DMV will amend OAR 735-070-0080 and 735-070-0082 to align the rules with the law changes and changes to OAR 735-118-0040 and to indicate that when DMV or the court issues a medical exemption from the requirement to install an IID, that the granting of the exemption may be used to terminate the requirement at the end of the period specified in law.

Rules to be amended: 735-064-0070, 735-070-0080, 735-070-0082, 735-118-0000 and 735-118-0050
Public Hearing: October 21, 2015 at 3:00 pm
DMV Headquarters; 1905 Lana Ave NE, Salem OR, Rm 122
Last date for public comment: November 10, 2015

Proof of Registration Renewal -- Final Rule

Chapter 154, OL 2015 provides that a person is not in violation of ORS 803.550 and 803.560 if the person has proof of vehicle registration, but has not received new registration stickers from DMV. DMV is proposing to adopt OAR 735-032-0025 to specify what constitutes proof of registration for the purposes of the amended statutes.

Rule adopted: 735-032-0025
Date filed: September 21, 2015
Effective date: January 1, 2016

Motor Carrier Transportation Division

Refund of Fees and Tax on Fuel Purchases

This rule change sets $100 as the minimum amount for which the Department will issue a refund check to a motor carrier. Motor carriers can have credits of less than $100 applied to other taxes due. The Department will issue a check for less than $100 after a motor carrier’s account is audited and the account is closed. Clarifying language has been added to require a fuel card statement to clearly identify retail and cardlock purchases to ensure refunds are not provided to motor carriers that purchase fuel where the tax is not actually paid.

Rules amended: 740-055-0020, 740-055-0110
Filed and effective: September 21, 2015

Electronic System

This rule allows the Department the option to require a motor carrier to use an automated electronic system operated by a motor carrier agent as a condition for continuing operations when the motor carrier is found to have repeatedly violated the laws and rules of the Department by failing to report and pay the Oregon Highway Use Tax.  A review of the motor carrier account can be requested after three years of compliance to relieve the requirement of the use of the automated electronic system.

Rule adopted: 740-300-0005
Filed and effective: September 21, 2015

Rail Division

Repeal of 741-520-0010

The ODOT Rail Division is repealing the rule that adotped federal hazardous materials regulations because its provisions are now incorporated into newly revised 741-510-0015. This rulemaking action eliminates the duplication.

Rule to be repealed: 741-520-0010
Last date for public comment: October 21, 2015