Or. Admin. Code § 735-064-0040

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

Section 735-064-0040 - Application Requirements for a Hardship Permit

(1) An Oregon resident whose driving privileges are suspended, or revoked under ORS 809.600 as a habitual offender, may apply for a hardship permit. DMV may not issue a hardship permit when:

(a) DMV is prohibited by law from issuing a hardship permit.

(b) The suspension of the person's driving privileges is ordered under ORS 809.419 whereby the person is unable to demonstrate that the person is not incompetent to drive because of a mental or physical condition or impairment that affects the person's ability to safely operate a motor vehicle.

(c) The suspension is an immediate suspension of the person's driving privileges ordered under ORS 809.417(3)(c) for causing or contributing to an accident resulting in death while operating a motor vehicle. When DMV has reason to believe that the person may endanger people or property if the person's driving privileges are not immediately suspended, a condition of the immediate suspension is that the person may not be issued a hardship permit.

(2) Documents required to obtain a hardship permit depend on the reason(s) for the suspension or revocation and the type of driver license for which the applicant has applied. An applicant must comply with any sections of this rule that apply to the applicant's suspension, revocation or combination of suspension(s) and revocation(s). All applicants must:

(a) Complete a Hardship Application, (DMV Form 735-6044). The form is available as an online application at DMV2U.oregon.gov, as a print-only application from, www.oregondmv.com or at any DMV office.

(b) Pay the hardship permit fee and the reinstatement fee.

(3) An applicant, whose driving privileges are suspended under ORS 809.310(3) or 809.411(8) for committing a fraudulent or unlawful act in applying for or in the use of a driver license, driver permit or identification card, must:

(a) Provide proof of a verifiable Social Security number or a written statement that the person has not been assigned a SSN;

(b) Provide proof of lawful status if the applicant is applying for a Real ID driver license;

(c) Submit to the collection of biometric data and establish identity as provided in ORS 807.024; and

(d) Provide proof of identity and date of birth.

(4) An applicant for a hardship permit must submit a SR22 insurance certificate or other proof of financial responsibility as described in ORS 806.240. The SR22 insurance certificate for an applicant whose driving privileges are suspended for a DUII conviction must show at least the minimum coverage amounts specified in ORS 806.075.

(5) An applicant must provide information to DMV that justifies the specific request for driving privileges as follows:

(a)To and from work: Name of employer, work address and work hours. If self-employed, the applicant must provide evidence such as a business license, business tax statement, newspaper advertisement or business receipts that DMV may review to verify that the applicant is self-employed.

(b)During the course and scope of the person's employment: A letter from the applicant's employer that states that the applicant's job duties include driving and provides information regarding what times and in which counties the applicant must drive to perform those duties. If self-employed, the applicant must provide the times and counties in which the applicant must drive.

(c)Seeking employment: The days of the week and times of day and in which counties the applicant will seek employment. DMV will only grant driving privileges within normal business hours (8 a.m. to 5 p.m. Monday through Friday) and within the state of Oregon for an applicant to seek employment while on a hardship permit.

(d)For a treatment or rehabilitation program: The name and address of the alcohol, drug or gambling addiction program, along with the days and times the applicant is required to drive to and from the program. Applicants are limited to five treatment or rehabilitation programs for the purposes of the hardship permit, unless the applicant demonstrates the need for additional treatment or rehabilitation programs.

(e)For regular medical treatment: The name and address of the medical treatment facility and the hours and days of the week treatment is provided. DMV will only grant driving privileges within normal business hours (8 a.m. to 5 p.m. Monday through Sunday) and within the state of Oregon for an applicant needing regular medical treatment while on a hardship permit, unless the person demonstrates the need for treatment outside of those restrictions.

(f)For necessary services: The name and address of the person to whom or facility to which the applicant is driving for the necessary services and the day(s) and time(s) for which the privilege is needed. In addition to these requirements, DMV will grant driving privileges for:

(A) Grocery shopping one day a week (Monday through Sunday), from 8 a.m. to 12 noon, 1:00 p.m. to 5 p.m. or 5 p.m. to 9 p.m.

(B) Non-regular medical appointments two days a week (Monday through Sunday), 8 a.m. to 12 noon or 1:00 p.m. to 5 p.m., unless the applicant demonstrates the need for attending medical appointments outside these timeframes.

(6) An applicant must submit any other information DMV may require for purposes of determining whether the person qualifies under any section of this rule.

(7) DMV will deny an application for a hardship permit when DMV has reviewed the application and the applicant does not meet the qualifications for the permit or one or more of the requirements for the permit is missing. If within 60 days of the letter of denial from DMV, the applicant provides all necessary documents to meet any missing requirement or qualification for a hardship permit, DMV will apply the original application fee when issuing the permit.

Or. Admin. Code § 735-064-0040

MV 7-1984, f. 6-29-84, ef. 7-1-84; MV 17-1986, f. & ef. 10-1-86; MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87; MV 31-1987, f. & ef. 10-5-87, Renumbered from 735-031-0095; Administrative Renumbering 3-1988, Renumbered from 735-031-0095; MV 29-1989, f. & cert. ef. 10-3-89; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 14-2005, f. & cert. ef. 5-19-05; DMV 2-2006, f. & cert. ef. 2-15-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 12-2009, f. & cert. ef. 6-25-09; DMV 5-2015, f. 6-19-15, cert. ef. 7/8/2015; DMV 29-2017, amend filed 12/19/2017, effective1/1/2018; DMV 48-2018, amend filed 11/20/2018, effective 1/1/2019; DMV 35-2019, amend filed 12/17/2019, effective 1/1/2020; DMV 34-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 20-2021, amend filed 09/13/2021, effective 9/13/2021; DMV 21-2023, amend filed 09/19/2023, effective 9/19/2023

Statutory/Other Authority: ORS 184.619, 802.010 & 807.240

Statutes/Other Implemented: ORS 807.240 & 807.370