Proposed rulemaking for February 2026

DMV Lay Representation at Contested Case Hearings
DMV proposes to amend OAR 735-001-0040 to align the rule with a Department of Justice approved format and text. DMV is also amending the rule to update the types of contested cases where DMV may use an agency (lay) representative, as approved by DOJ.
Rule to be amended: 735-001-0040
Last day for public comment: February 21, 2026 5:00 PM
Anticipated date of OTC approval: March 12, 2026

Issuing Limited-Term CDLs and CLPs Only to Existing Holders
DMV adopted an emergency rule on October 13, 2025 (DMV 13-2025​), in response to the Federal Motor Carrier Safety Administration’s (FMCSA’s) Interim Final Rule, Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses (90 Fed. Reg. 46509–46526, published September 29, 2025) (IFR). The IFR is currently subject to a court-ordered administrative stay, and the litigation has been placed in abeyance by the U.S. Court of Appeals for the District of Columbia Circuit. DMV does not know when the abeyance will end, how the litigation will resolve, or whether the federal government will issue a subsequent rule that changes eligibility requirements for limited term CDL and CLP holders. As a result of this uncertainty, DMV proposed to adopt rules to issue a limited term CDL and CLP only to applicants who held an unexpired limited term CDL or CLP as of September 29, 2025, or can obtain a limited term CDL or CLP without testing. See the notice for more details.
Rules to be amended: 735-063-0200, 735-063-0250, 735-063-0260, 735-063-0265, 735-063-0268
Virtual public hearing: February 18, 2026 1:00 PM. See notice for details.
Last day for public comment: February 21, 2026 5:00 PM
Anticipated date of OTC approval: March 12, 2026​

Issuance of Temporary Permits Pending DEQ Certificate of Compliance​
In response to SB 840 (2025), DMV is proposing amending OAR 735-150-0060 to authorize vehicle dealers to issue temporary registration permits for motor vehicles that do not have proof of compliance with pollution control equipment Department of Environmental Quality (DEQ) requirements at the time of sale.
Rule to be amended: 735-150-0060
Last day for public comment: February 21, 2026 5:00 PM
Anticipated date of OTC approval: March 12, 2026​

CCD Cash Transactions, Coin Handling, Refunds and Highway Use Tax Bonds
CCD proposes these amendments to address the following three areas: (1) recent changes to U.S. monetary policy and the subsequent penny shortage; (2) aligning CCD administrative rule to ensure compliance with statutory requirements; and (3) simplifying administrative procedures and compliance for highway use tax bonds. See the notice for more information.
Rules to be amended: 740-040-0070, 740-055-0020, 740-055-0110, 740-200-0030
Last day for public comment: February 21, 2026 5:00 PM
Anticipated date of OTC approval: March 12, 2026​​

Repeal of Trusted Carrier Program
As stewards of public dollars, CCD is ending this program as a cost-cutting measure after a full cost analysis and discussion with industry leaders. CCD is proposing repealing program related rules.
Rules to be repealed: 740-045-0060, 740-045-0065, 740-045-0070, 740-045-0075
Last day for public comment: February 21, 2026 5:00 PM
Anticipated date of OTC approval: March 12, 2026​

Annual Adoption of Federal Motor Carrier Safety Regulations (FMCSRs)​
CCD is proposing these amendments to update the year 2025 to 2026 for annual adoption of FMCSRs as required by federal law.
Rules to be amended: 740-100-0010, 740-100-0065, 740-100-0070, 740-100-0080, 740-100-0085, 740-100-0090, 740-100-0100, 740-110-0010
Last day for public comment: February 21, 2026 5:00 PM
Anticipated date of OTC approval: March 12, 2026​

Recently adopted rules:

Statewide Transportation Improvement Fund Program Rules​
ODOT made these rule changes to update the Statewide Transportation Improvement Fund (STIF) Program rules to make program improvements identified through public outreach, the recommendations of ODOT’s 2024 Strategic Review, and recommendations from the STIF Rules Advisory Committee, which met from February through September 2025. The changes were needed to enhance financial flexibility and sustainability, clarify program concepts and key terms, revise reporting deadlines, streamline program processes, and enhance accountability by establishing a clear and unform compliance processes.
Rules adopted:  732-042-0055
Rules amended: 732-040-0005, 732-040-0010, 732-040-0015, 732-040-0020, 732-040-0030, 732-042-0010, 732-042-0015, 732-042-0020, 732-042-0025, 732-042-0035, 732-042-0045, 732-044-0030
Rules repealed: 732-005-0000, 732-005-0005, 732-005-0010, 732-005-0016, 732-005-0021, 732-005-0027, 732-005-0031, 732-005-0036, 732-005-0041, 732-005-0046, 732-005-0051, 732-005-0056, 732-005-0061, 732-005-0066, 732-005-0071, 732-005-0076, 732-005-0081, 732-005-0090, 732-010-0005, 732-010-0010, 732-010-0015, 732-010-0020, 732-010-0025, 732-010-0030, 732-010-0035, 732-010-0045, 732-030-0005, 732-030-0010, 732-030-0015, 732-030-0020, 732-030-0025, 732-030-0030, 732-030-0035, 732-040-0045​
Filed and effective: January 22, 2026
The comment period closed at 5:00 PM on Dec. 21, 2025. No comments were received. For more information, see the Notice of Proposed Rulemaking, which includes the notice and proposed rules.

STIF Discretionary Funds​ (temporary)
ODOT temporarily amended 732-044-0000. OAR 732 Division 044 did not permit STIF Discretionary funds to be used to support ongoing operations projects. To address the current funding environment, ODOT is temporarily amending the purpose of OAR 732-044-0000 to allow funding operations projects to sustain existing public transportation services. This change will provide ODOT greater flexibility to respond to community priorities, helping to preserve services and minimize disruptions. This rule requires immediate action to ensure the rule change is in effect prior to the 2027 – 2028 grant solicitation cycle and Oregon Transportation Commission approval in 2027. Without timely adoption, transit agencies may be forced to implement service cuts and layoffs, impacting transit service continuity across the state. ODOT Public Transportation Division may follow up with a permanent rulemaking limited to the 2027- 2028 grant solicitation cycle.
Rule amended: 732-044-0000
Filed: January 22, 2026​
Effective: February 15, 2026 - August 13, 2026

STIF Program Rules
ODOT adopted this rule which establishes a set of procedures for Qualified Entity compliance review of Sub-Recipients that is intended to ensure that Qualified Entities exercise needed oversight while reducing duplication of oversight activities.
Rule adopted: 732-042-0050
Filed: January 22, 2026
Effective: July 1, 2027
​The comment period closed at 5:00 PM on Dec. 21, 2025. No comments were received. For more information, see the Notice of Proposed Rulemaking, which includes the notice and proposed rule.

Visit ODOT Administrative Rules for proposed rule changes by ODOT divisions and rule changes adopted within the last six months. Published rules can be found on the Secretary of State's website: https://secure.sos.state.or.us/oard/ruleSearch.action.