Or. Admin. R. 735-063-0311

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

Section 735-063-0311 - Driver Records for CDL-Holders and CMV Operators; Enforcement of Federally Required CDP Suspensions

(1) This rule and OAR 735-010-0110 apply to an individual with a conviction or withdrawal, as designated in section (2) of this rule, incurred while operating a commercial motor vehicle or while holding commercial driving privileges, as described in ORS 807.018.

(2) DMV adopts and incorporates by reference Appendix A: ACD Codes, Descriptions, and Abbreviations, from the AAMVA Code Dictionary Manual, r5.2.2 (effective date November 30, 2018) as the list of conviction and withdrawal codes used in driver records for individuals subject to this rule.

(3) When DMV receives a record, report or notice of a conviction or withdrawal, DMV shall enter the appropriate code into the individual's driver records.

(4) When an individual changes the individual's state of record from another jurisdiction in the United States, DMV shall integrate the driving history from the other jurisdiction into the Oregon driver record and add any convictions and withdrawals to the Oregon driver record using the appropriate code. DMV does not integrate a driver record from non-United States jurisdictions into the Oregon driver record.

(5) DMV integrates into the Oregon driver record convictions and withdrawals received from other jurisdictions electronically through CDLIS, or by mail, fax, or email. DMV retains withdrawal in Oregon driver records for informational purposes and to allow DMV to make suspension determinations as described in section (6) of this rule.

(6) When DMV determines that either this state or another jurisdiction did not apply an appropriate sanction to a driver record for an offense described in section (4) of this rule, DMV applies the sanctions within the appropriate retention period for the specific offense. DMV determines a sanction was not applied based on the presence or absence of a withdrawal in the driver history record. If DMV later receives a record of withdrawal reflecting the correct sanction period, DMV shall remove its replacement sanction. If DMV determines that the other jurisdiction sanctioned the driver for part of the federally-required minimum period, the department shall impose a sanction for the remainder of the period required.

(7) For the purposes of ORS 809.510 to 809.540, a "record," "report" or "notice" includes:

(a) An entire driver record from another jurisdiction, received electronically, by mail, fax, or email; and

(b) An individual or grouped series of convictions from another jurisdiction, received electronically, by mail, fax or email.

(8) As used in this section "withdrawal" means the following:

(a) A cancellation, suspension, revocation of non-commercial driving privileges; or

(b) A cancellation, suspension, revocation, or disqualification of commercial driving privilege.

Or. Admin. R. 735-063-0311

DMV 21-2020, temporary adopt filed 06/25/2020, effective 7/6/2020 through 1/1/2021; DMV 38-2020, adopt filed 12/11/2020, effective 1/1/2021; DMV 17-2022, amend filed 11/17/2022, effective 1/1/2023

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 184.619, 802.200, 802.210 & OL 2019, chapter 312, section 19

Statutes/Other Implemented: ORS 802.200, 802.540, 807.040, 807.045, 807.050, 807.060, 807.070, 807.150, 807.170, 809.310, 809.510 - 809.540 & 49 CFR § 383.51