Or. Admin. Code § 735-076-0007

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-076-0007 - DMV Response to Non-Mandatory Report

DMV will review a non-mandatory report meeting the requirements under OAR 735-076-0005 to determine the appropriate action to take, which may include any or all of the following:

(1) No action if the report does not give DMV reason to believe the person being reported is no longer qualified to hold a driver license, driver permit, or endorsement or is no longer able to drive safely. This includes a report from a physician or health care provider indicating the condition or impairment is not likely to recur or does not affect the person's ability to drive safely, or a report of driving behavior that reports a single incident with no indication of a mental or physical condition or impairment affecting the person's ability to safely drive.

(2) The person may be required to reestablish eligibility by passing DMV tests under ORS 807.070 when the report is one or more of the following:

(a) A report of a mental or physical condition or impairment that may affect the person's ability to safely operate a motor vehicle, not including a loss of consciousness or control or a problem condition involving alcohol, inhalants or controlled substances;

(b) A report of unsafe or dangerous driving behavior only; or

(c) The person was reported as described in 735-076-0005(1)(d)(A) and the report indicates a concern with the person's ability to safely operate a motor vehicle, not including loss of consciousness or control or a problem condition involving alcohol, cannabis, inhalants or controlled substance.

(3) The person may be required to provide a Certificate of Vision form (DMV form 735-024) when the report indicates that the person's vision may not meet the vision standards set forth in OAR 735-062-0050.

(4) The person may be required to receive a determination of eligibility from the Medical Determination Officer under ORS 807.090 when the report indicates one or more of the following:

(a) A loss of consciousness or control is a cause or possible cause of a crash or of unsafe or dangerous driving behavior; or

(b) A condition or impairment that involves the loss of consciousness or control, or a possible problem condition involving alcohol, cannabis, inhalants or controlled substance, and DMV has reason to believe from the report that the person may no longer be qualified for driving privileges or may no longer be able to safely operate a motor vehicle, including but not limited to:

(A) The person was reported as described in 735-076-0005(1)(d)(A) and the report is of a loss of consciousness or control; or a problem condition involving alcohol, cannabis, inhalants or controlled substance;

(B) Evidence of continued episodes of loss of consciousness or control despite current treatment; or

(C) Evidence of a problem condition involving alcohol, cannabis, inhalants or controlled substances.

(5) An immediate suspension of the person's driving privileges under ORS 809.419(3)(c), when the report provides DMV reason to believe that the person may endanger people or property if not immediately suspended. To regain driving privileges the person will be required to reestablish eligibility for driving privileges which may include taking tests under ORS 807.070, submitting a Driver Medical Report form (DMV form 735-6587) or Certificate of Vision form (DMV form 735-024), or receiving a determination of eligibility from the Medical Determination Officer under ORS 807.090.

(6) Notwithstanding section (1) of this rule, DMV may respond to multiple reports regarding similar behavior, similar concerns or the same event; as described in section (2) through (5) of this rule. DMV may respond in this manner when the reports, taken together, provide the elements to satisfy the requirements of section (2) through (5) of this rule; and the reports are received within a reasonable time of one another.

Or. Admin. Code § 735-076-0007

DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 14-2005, f. & cert. ef. 5-19-05; Renumbered from 735-074-0160, DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 1/1/2021; DMV 37-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 15-2021, amend filed 09/13/2021, effective 9/13/2021; DMV 34-2021, temporary amend filed 11/23/2021, effective 11/23/2021 through 05/21/2022; DMV 6-2022, amend filed 07/18/2022, effective 7/18/2022; DMV 14-2023, amend filed 05/15/2023, effective 5/15/2023

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419

Statutes/Other Implemented: ORS 807.340