Or. Admin. Code § 735-064-0060

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

Section 735-064-0060 - Standards for Issuance of Hardship Permits

(1) All hardship permits are restricted to minimally meet the applicant's needs. Upon request, the permit holder must submit verification of those needs to DMV or law enforcement. The person must have the hardship permit in addition to a valid driver license in the person's possession at all times when driving.

(2) DMV may issue hardship permits only for the following purposes:

(a) Occupational and employment purposes;

(b) Occupational training or education that is required by the applicant's employer;

(c) Transportation to and from a gambling addiction, alcohol or drug treatment or rehabilitation program;

(d) To seek employment;

(e) To obtain medical treatment on a regular basis for the person or a member of the person's immediate family; and

(f) For necessary services, as defined in OAR 735-064-0005.

(3) A hardship permit will not be issued for more than 12 hours of driving on any one day, except for transportation to and from a gambling addiction, alcohol or drug treatment or rehabilitation program.

(4) A hardship permit holder may obtain vehicle fuel while driving within the restrictions of the permit.

(5) A hardship permit issued to seek employment will not be issued for a period of more than 120 days at a time.

(6) DMV may deny a hardship permit to an applicant who has public or private transportation available which is sufficient to serve the applicant's transportation needs as established in section (2) of this rule.

(7) DMV will determine whether public or private transportation is sufficient to serve the applicant's need based upon the following criteria:

(a) Convenience in terms of hours and distance;

(b) Requirements of occupation or employment;

(c) Physical limitations of applicant; and

(d) Personal safety of applicant.

(8) An applicant with multiple suspensions, multiple revocations under ORS 809.600, or combination of suspensions(s) and revocations(s), must satisfy the requirements for each type of suspension and revocation to obtain a hardship permit.

(9) If the applicant is suspended under ORS 809.260 the applicant may apply either for privileges granted under a hardship permit as described in this rule or an emergency permit as described in OAR 735-064-0230, but not both.

Or. Admin. Code § 735-064-0060

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; Administrative Renumbering 3-1988, Renumbered from 735-031-0105; MV 17-1991, f. 9-18-91, cert. ef. 9-29-91; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 25-2003, f. 12-15-03 cert. ef. 1-1-04; DMV 2-2013, f. & cert. ef. 3-22-13; 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

Statutory/Other Authority: ORS 184.619, 807.240 & 802.010

Statutes/Other Implemented: ORS 807.240