Or. Admin. Code § 735-064-0070

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

Section 735-064-0070 - Ignition Interlock Device (IID) Requirement for Issuance of Hardship, Probationary or Hardship/Probationary Permits

(1) When a person whose driving privileges are suspended or revoked applies for a hardship or, probationary permit, DMV will require the applicant to install an IID in any vehicle operated by the applicant if the applicant's driving record shows any of the following:

(a) A current suspension based on a conviction for DUII in an Oregon court;

(b) A current IID required:

(A) As a condition of a DUII Diversion Agreement;

(B) By ORS 813.602(1) or (2) following the end of a suspension or revocation of driving privileges based on a conviction for DUII or any crime that carries a statutory minimum one, two or five year IID requirement; or

(C) As a result of DMV not receiving an IID Certification - No Negative Report (DMV form 735-7379) that would end the applicant's IID requirement.

(2) As a condition of a hardship or probationary permit, the IID must be installed, maintained and used in any vehicle the person operates for the duration of the person's IID requirement. The IID requirement may exceed the period the person's permit is valid.

(3) When installation of an IID is required, DMV will not issue a hardship or probationary permit to the person until a provider submits an installation report form showing an approved device has been installed in each vehicle the person intends to operate during the permit period.

(4) Notwithstanding section (1) of this rule, DMV may issue a hardship or probationary permit to a person who has not installed an IID if the person will only operate a vehicle(s) owned or leased by his or her employer during the course and scope of the person's employment. For purposes of ORS 813.606, DMV will place a notation on the driving record and on the hardship or probationary permit issued to the person that the person's employer has been informed of the IID requirement. The applicant must submit:

(a) A letter on business letterhead, signed by the employer, stating that the employer has been informed of the IID requirement and that the person is required to operate the employer's vehicle(s) in the course and scope of employment; or

(b) An Employer IID Exception, (DMV form 735-6874) completed by the employer.

(5) For purposes of ORS 813.606, a person who is self-employed is not an employee and DMV will not place an employer IID notification notation on the person's driving record.

(6) Notwithstanding section (1) of this rule, DMV may issue a hardship or probationary permit to a person who has not installed an IID if the person has been issued a medical exemption under OAR 735-070-0082.

(7) The hardship or probationary permit will contain a restriction that the person may only operate vehicles equipped with an IID. If the person operates a vehicle owned or leased by the person's employer in the course and scope of employment or has been issued a medical exemption, the hardship or probationary permit driving restrictions will state that the person must have in his or her possession a copy of the employer's IID exception letter, a completed DMV Employer IID Exception Form, an IID medical exemption letter issued by DMV, or an IID medical exemption approval issued by a court.

(8) The IID restriction in a hardship or probationary permit will specify the length of time allowed for the person to travel to and from an IID provider's facility to have the IID calibrated as defined in OAR 735-118-0000(5).

Or. Admin. Code § 735-064-0070

MV 40-1987, f. 12-11-87, ef. 1-1-88; Administrative Renumbering 3-1988, Renumbered from 735-031-0107; MV 18-1989(Temp), f. 8-31-89, cert. ef. 9-5-89; MV 2-1990, f. & cert. ef. 2-1-90; MV 4-1991, f. 6-18-91, cert. ef. 7-1-91; DMV 5-1994, f. & cert. ef. 7-21-94; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 15-2001, f. & cert. ef. 9-21-01; DMV 12-2007, f. 11-30-07, cert. ef. 1-1-08; DMV 21-2013, f. 12-20-13, cert. ef. 1-1-14; DMV 12-2015, f. 12-17-15, cert. ef. 1/1/2016; DMV 29-2017, amend filed 12/19/2017, effective1/1/2018; DMV 48-2018, amend filed 11/20/2018, effective 1/1/2019

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 807.240, 807.270 & 813.602

Statutes/Other Implemented: ORS 807.240, 807.270, 813.602 & 813.606