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 the 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.

Chapter 734 - Highway Division

Notice of proposed rulemaking: Adds Fallen Heroes to Roadside Memorial Sign Program
Summary: HB 2708 and HB 3494 enacted by the 2013 legislature direct the Department to install signs for certain individuals killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States. The OAR is being amended to make this addition to the program.
Last date for public comment: October 21, 2013
OTC meeting date: November 21, 2013

Notice of proposed rulemaking: Repeal of Utility Facility Permit Fee Rule
Summary: In 2006 the Oregon Supreme Court affirmed the judgment of the Clackamas County Circuit Court that ODOT had no statutory authority to charge a utility permit fee because the cost to ODOT to issue and administer the permit to relocate utility facilities could legally be paid from Highway Trust Funds. In response to the court judgment, Oregon Laws 2001, Chapter 664, Section 2 was repealed by the 2006 Oregon Legislature. The Department discontinued assessing the utility facility permit fee at that time and now the rule is being repealed.
Last date for public comment: October 21, 2013
OTC meeting date: November 21, 2013

Chapter 734 - Motor Carrier Division

Final rule filed: MAP-21 Special Permit During Periods of National Emergency
Summary: New federal regulations extend Oregon's authority to issue special permits to vehicles delivering relief supplies during a presidentially-declared emergency or major disaster. The proposed rule adoption is necessary to ensure Oregon is in compliance with the federal regulations.
Filed and effective: September 23, 2013

Chapter 735 - DMV

Notice of proposed rulemaking: Electronic Proof of Insurance
Summary: DMV is implementing chapter 108, OL 2013 (HB 2107) to add electronic proof as one of the means to provide proof of compliance with financial responsibility requirements. This action follows up and replaces a temporary rule.
Last date for public comment: October 21, 2013
OTC meeting date: November 21, 2013

Notice of proposed rulemaking: Proof of DUII Treatment Completion
Summary: DMV is implementing chapter 233, OL 2013 (HB 2121) that specifies exemptions from the requirement to provide proof of completion of a treatment program before a suspension of driving privileges for a DUII conviction may be reinstated and removes DMV’s authority to waive the requirement based on a showing of good cause. This action follows up and replaces a temporary rule.
Last date for public comment: October 21, 2013
OTC meeting date: November 21, 2013

Notice of proposed rulemaking: Provisions and Requirements of Driver Card
Summary: Under Oregon Law 2013, Chapter 48 (SB 833) DMV is authorized to issue driver cards to persons who meet all qualifications for Class C driving privileges, except for proof of legal presence in the United States. These applicants must also provide proof of Oregon residency exceeding one year as of the date of application for driving privileges and meet requirements in Section 2, Chapter 48, Oregon Laws 2013. This proposed rulemaking establishes the rules necessary to implement this program as well as specifying which current administrative rules for driver licenses apply or do not apply to the driver card.
Public hearing: October 16, 2013 at 1:30 pm
DMV Headquarters, 1905 Lana Ave NE, Salem OR
Last date for public comment: October 21, 2013
OTC meeting date: December 18, 2013

Notice of proposed rulemaking: Driver License or Identification Card Expiration Under Specific Circumstances
Summary: ORS 807.130 has been amended to specify that a driver license or identification card issued to a person legally present in the United States on a temporary basis and who is a citizen of a country with a Compact of Free Association (Compact) with the United States, is valid for eight years before it expires. The Compact countries are: Federated States of Micronesia; Republic of Palau; and Republic of the Marshall Islands. DMV proposes to amend OAR 735-062-0007 and 735-062-0010 to implement HB 2517, including the requirement that a person from a Compact country must provide proof of legal presence to DMV.
Last date for public comment: October 21, 2013
OTC meeting date: December 18, 2013

Notice of proposed rulemaking: Drive Test for Person with Limited Vision Condition
Summary: Chapter 473, Oregon Laws 2013 (Senate Bill 288) amends ORS 807.363 to eliminate a requirement that a person with a limited vision condition who is granted driving privileges pass a DMV drive test every two years to retain those privileges. The person must continue to provide a report from their vision specialist showing vision requirements for maintaining driving privileges are met. DMV proposes to amend OAR 735-062-0385 to eliminate all references to the drive test requirement.
Last date for public comment: October 21, 2013
OTC meeting date: December 18, 2013

Final rule filed: Bulk Records for Crash Reports and Implied Consent Reports
Summary: A recent Supreme Court ruling states that solicitation of clients is not a use of personal information that is authorized by the "investigation in anticipation of litigation" exception to the Federal Driver Privacy Protection Act (DPPA) prohibition on use of personal information from motor vehicle records. Based on this ruling, DMV is no longer providing bulk sales of Implied Consent Combined Reports and Oregon Police Traffic Crash Reports under the exception in ORS 802.177(4)(a). DMV has amended OAR 735-010-0030(6) to remove the reference to bulk sales.
Filed and effective: September 24, 2013

Final rules filed: Mandatory Reporting Requirements of Medically At-Risk Drivers
Summary: The amendments to OAR 735-074-0080 and 735-074-0090 make the following changes: 1) Modify the definition of "uncontrollable" to include the term "persistent." 2) Expand mandatory reporting to include medical professionals who provide specialist evaluations or health care services that result from a referral by another physician or health care provider. 3) Specify that reporting is not required if a patient is incapacitated and not expected to regain the ability to drive. Amended OAR 735-062-0010(7)(a) and 735-062-0135(4) to replace the words "no longer competent to drive" with the words "no longer able to drive safely."
Filed and effective: September 24, 2013

Final rules filed: DMV Drive Test Waiver
Summary: DMV amended OAR 735-062-0080 to state that it will waive the drive test portion of DMV testing for any person who privides a Driver Education Certificate of Completion card issued by a Transportation Safety Division-approved traffic safety education course provider, if the drive test that the person passed to successfully complete the course meets or exceeds DMV's class C drive test.
Filed and effective: September 24, 2013

Final rule filed: Discovery in Implied Consent Hearings
Summary: DMV adopted OAR 735-090-0066 to establish that witness information, requests for admissions, and written interrogatories do not apply to and may not be used as discovery methods in implied consent contested case hearings. The relevant documents are provided to the petitioner as discovery prior to the hearing, namely the police report described in ORS 813.120, which includes the name and telephone number of the reporting officer who will testify at hearing, and other documents DMV intends to offer as exhibits. The alternative procedures for sharing relevant information are sufficient to ensure fundamental fairness in implied consent contested case hearings.
Filed and effective: September 24, 2013

Final rules filed: Commercial Driver Training Schools
Summary: The rules in OAR 735, division 160 outline the requirements for a Commercial Driver Training School Certificate and a Driver Training Instructor Certificate. DMV issues these certificates and also performs on-site audits of the drive school, their records and instruction. In performing these functions and reviewing the rules, DMV determined that a few minor changes and clarifications were needed to improve the rules and the program.
Filed and effective: September 24, 2013