Or. Admin. Code § 735-063-0205

Current through Register Vol. 63, No. 8, August 1, 2024

Section 735-063-0205 - Definitions

Except as otherwise provided in these OAR 735, division 63 rules the following definitions apply to OAR 735, division 63:

(1) "AAMVA" means the American Association of Motor Vehicle Administrators.

(2) "Accident records" include, but are not limited to DMV records, police reports, crash reports or other reports from motor carriers.

(3) "CDL" means commercial driver license.

(4) "CDLIS" means the Commercial Driver's License Information System operated by AAMVA for FMCSA.

(5) "CDL Third Party Examiner" means an individual certified by DMV to administer CDL skills tests through a CDL Third Party Tester.

(6) "CDL skills test" means a three-part test to determine a CDL applicant's driver competency, consisting of: a pre-trip vehicle inspection, a basic control skills test and an on-road drive test.

(7) "CDL Third Party Tester" means a person authorized by DMV to operate a CDL skills testing program and provide CDL Third Party Examiner(s) to administer CDL skills test.

(8) "CLP" means a commercial learner driver permit issued under ORS 807.285.

(9) "CMV" means commercial motor vehicle, as defined in ORS 801.208.

(10) "Conviction record" means an official record showing a determination of guilt by a court of law upon a plea, verdict, finding, or unvacated bail forfeiture.

(11) "CSTIMS", means the Commercial Skills Test Information Management System, a web-based system for scheduling and reporting CDL skills tests information and results.

(12) "Disqualifying condition" is a medical condition(s) not meeting FMCSA physical qualification standards as set forth in 49 CFR 391.41(b).

(13) "DMV" means the Oregon Department of Transportation, Driver and Motor Vehicle Services Division.

(14) "Driving type" means a certification by an applicant or holder of a CDL or CLP for one of the following:

(a) Non-excepted interstate: the person operates or expects to operate in interstate commerce;

(b) Excepted interstate: the person operates or expects to operate in interstate commerce but engages exclusively in transportation or operations excepted under 49 CFR 390.3(f), 391.2, 391.68 or 398.3; or

(c) Non-excepted intrastate: the person operates only in intrastate commerce.

(15) "ELDT" means Entry-Level Driver Training required under 49 CFR Part 380, Subpart F.

(16) "Fifth wheel hitch" has the meaning set forth in ORS 801.275.

(17) "FMCSA" means the Federal Motor Carrier Safety Administration of the United States Department of Transportation.

(18) "First-time Real ID" means the first time DMV issues an Oregon Real ID to an applicant and may be issued as an original, renewal or replacement driver license, driver permit or identification card, depending on the privilege that the applicant possesses.

(19) "Intrastate commerce" has the meaning set forth in 49 CFR § 390.5 and includes any trade, traffic or transportation taking place exclusively within Oregon.

(20) "Lawful status" means, for the purpose of applying for a Real ID driver license, driver permit or identification card, has the meaning set forth in 6 CFR § 37.3.

(21) "Medical Determination Officer" means a physician, nurse practitioner or physician associate, licensed to provide health care services by the State of Oregon, and is employed or designated by DMV to make medical determinations of a driver's medical eligibility for driving privileges.

(22) "Medical Specialist" means a person who is licensed as a doctor of medicine, a doctor of osteopathic medicine, an optometrist or an audiologist.

(23) "Physician" has the meaning set forth in ORS 807.710.

(24) "Real ID" has the meaning set forth in ORS 807.450, and is marked with the distinguishing feature of a star in the upper right corner.

(25) "SPE certificate" means a Skill Performance Evaluation certificate issued by FMCSA pursuant to 49 CFR 391.49 to a person who demonstrates the ability to safely operate a CMV in spite of limb impairment or loss.

(26) "TPR" means the Training Provider Registry, an electronic system operated by FMCSA to list certified training providers and provide access to training providers to report ELDT completion information.

(27) "Waiver of Physical Disqualification" or "waiver" means a waiver issued by DMV to a driver who does not meet certain physical qualifications required for drivers of CMVs as set forth in 49 CFR 391.41(b).

Or. Admin. Code § 735-063-0205

DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10; DMV 7-2011, f. & cert. ef. 6-21-11; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; Renumbered from 735-063-0000, DMV 4-2016, f. 9-22-16, cert. ef. 9/26/2016; DMV 27-2017, amend filed 12/19/2017, effective1/1/2018; DMV 24-2020, amend filed 06/25/2020, effective 7/6/2020; DMV 2-2022, amend filed 01/25/2022, effective 1/25/2022; DMV 9-2024, minor correction filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 184.619, 802.010, 807.450, 807.460 & 6 CFR § 37.3

Statutes/Other Implemented: ORS 807.040, 807.100 & 807.450