ODOT Notice of Proposed Rulemaking and Final Rules Filed
Oregon Department of Transportation sent this bulletin at 01/07/2014 03:19 PM PSTYou 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.
Final rules filed:
ConnectOregon Rules Update
These amendments implement Chapter 765 OL 2013 (SB 260) which makes bicycle and pedestrian projects eligible for funding through the Multi-Modal Transportation Fund.
Rules amended: 731-035-0010, 731-035-0020, 731-035-0050, 731-035-0060, 731-035-0080
Filed and effective: December 20, 2013
Procurement Rules Update
These amendments update the version and effective date of DOJ Model Rules ODOT is adopting and increase the small procurement threshold to $10,000 (per 2013 HB 2212).
Rules amended: 731-147-0010, 731-147-0040, 731-149-0010
Date filed: December 20, 2013
Effective date: January 1, 2014
Chapter 734 - Highway Division
Notice filed:
Speed Limits on Interstate Highways
The amendment of 734-020-0010 will allow small changes to the locations of boundaries of current designated speeds (i.e. 55 mph and 60 mph sections) and to streamline the process for establishing new designations of speeds up to one mile in length to improve safety.
Rule to be amended: 734-020-0010
Last date for public comment: January 21, 2014
OTC meeting date: February 20, 2014
Final rules filed:
Highway Approach Permitting, Access Control and Access Management Standards (temporary rules)
These temporary rules will implement those parts of the SB 408 that specifically require the department to establish rules for implementation and to ensure that ODOT is in compliance with the new laws beginning January 1. The rules will also provide clarification for ODOT staff and the public about implementation of the new laws.
Temporary rules adopted: 734-051-8010, 734-051-8015, 734-051-8020, 734-051-8025, 734-051-8030
Date filed: December 23, 2013
Effective date: January 1, 2014 through June 30, 2014
Final rules filed:
Notification to Oregon Department of Veterans Affairs
These rules implement Chapter 647, OL 2013 (HB 2421) which requires DMV to notify ODVA of receipt of a written authorization from a member or veteran of a uniformed service to provide their name and address to ODVA. Written authorization may only be obtained in conjunction with an application for driving privileges, identification card, vehicle title or vehicle registration.
Rules adopted: 735-010-0250, 735-018-0130
Rule amended: 735-018-0010
Filed and effective: December 20, 2013
Medical Exemption from Ignition Interlock Device
These rules implement Chapter 315 OL 2013 (HB 2116) which requires DMV to establish the process for obtaining an IID medical exemption, including submission of a form completed by the applicant and the applicant’s physician or health care provider, and clarifying the criteria for determining if the person qualifies for an IID medical exemption.
Rule adopted: 735-070-0082
Rule amended: 735-064-0070
Filed: December 20, 2013
Effective date: January 1, 2014
Drug and Alcohol Testing of School Bus Drivers
These amendments incorporate the provisions of Chapter 163 OL 2013 (SB 193) into the existing rules pertaining to reporting of positive drug test and request for hearing that currently apply to motor carriers.
Rules amended: 735-070-0185, 735-070-0190
Filed: December 20, 2013
Effective date: January 1, 2014
Driver Improvement Offenses
This amendment implements Chapter 361 OL 2013 (SB 444) which created the offense of smoking in a motor vehicle with a child under the age of 18.
Rules amended: 735-072-0035
Filed: December 20, 2013
Effective date: January 1, 2014
Vehicle Dealers and Vehicle Dismantlers
These amendments implement Chapter 372 OL 2013 (HB 2263) which repeals DMV's authority to set the fee schedule for an RV show license and establishes a late payment charge for the late renewal of a certificate, a duplicate certificate, or issuance of a certificate for a supplemental business location.
Rule amended: 735-150-0045
Filed: December 20, 2013
Effective date: January 1, 2014
Driver License or Identification Card Expiration Under Specific Circumstances
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.
Rules amended: 735-062-0007, 735-062-0010
Filed: December 20, 2013
Effective date: January 1, 2014
Eliminates Drive Test Every Two Years for Person with Limited Vision Condition
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 has amended OAR 735-062-0385 to eliminate all references to the drive test requirement.
Rule amended: 735-062-0385
Filed: December 20, 2013
Effective date: January 1, 2014
Chapter 740 - Motor Carrier Transportation
Final rules filed:
Annual Readoption of IRP, IFTA and HVUT
These amendments adopt the January 1, 2014 federal standards related to the International Registration Plan, International Fuel Tax Agreement and Heavy Vehicle Use Tax to ensure Oregon remains current with federal regulations.
Rules amended: 740-200-0010, 740-200-0020, 740-200-0040
Date filed: December 20, 2013
Effective date: January 1, 2014
Final rules filed:
Notification of Sale of Public Real Property Near Rail Infrastructure
These amendments implement Section 32 of SB 810 by easing the requirements for notification to private providers of rail service when nearby public property is to be sold, exchanged or conveyed, by excluding transactions where the proposed sale is to a provider of rail service or when the transaction involves the sale, exchange or conveyance of easements.
Rule amended: 741-040-0040
Filed and effective: December 20, 2013