Or. Admin. Code § 735-064-0100

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

Section 735-064-0100 - Hardship or Probationary Permit Restrictions

(1) A person issued a hardship or probationary permit must not do any of the following:

(a) The person must not drive outside the hardship or probationary permit driving restrictions;

(b) The person must not be convicted of or forfeit bail for more than one traffic offense listed in ORS 809.600(2)(b) (including city traffic offenses and similar offenses under federal or state law) within any 12-month period. See OAR 735-064-0220 for a list of offenses and statutory references;

(c) The person must not be convicted of or forfeit bail for an offense as specified in ORS 809.600(1)(a) through (g). These offenses are: murder, manslaughter, criminally negligent homicide, assault, recklessly endangering another person, menacing, or criminal mischief resulting from the operation of a motor vehicle; reckless driving, driving while under the influence of intoxicants, failure to perform the duties of a driver involved in an accident or collision, criminal driving while suspended or revoked, fleeing or attempting to elude a police officer, aggravated vehicular homicide or aggravated driving while suspended or revoked;

(d) The person must not use intoxicants and drive;

(e) The person must not refuse to submit to a chemical breath test, blood test or urine test;

(f) The person must not be convicted of or forfeit bail for an offense under ORS 811.170 or 811.481; or

(g) The person must not falsify any information appearing on the Hardship/Probationary Application.

(2) The person required to have an IID must not violate the following conditions:

(a) Drive any vehicle which does not have an IID installed unless the person is exempted by statute and administrative rule or the use of the specific vehicle is excepted by statute and administrative rule;

(b) Drive a vehicle owned or leased by the person's employer without an IID unless the person is carrying a copy of an employer's exception letter, Employer IID Exception form or medical exemption letter in his or her possession;

(c) Tamper with the IID; or

(d) Solicit another person to blow into the IID.

(3) Evidence that a restriction or condition has been violated includes, but is not limited to the following:

(a) Police reports;

(b) Accident reports;

(c) Written reports from family members or the general public;

(d) A written report which indicates the person has driven outside the hardship or probationary permit restrictions;

(e) A written report which indicates the person has been driving after using intoxicants;

(f) A written report from a police officer that indicates the person has refused the chemical breath test, blood test or urine test following an arrest for driving under the influence of intoxicants;

(g) A report from a police officer;

(h) A court conviction; and

(i) A written report from an IID provider that the person has tampered with the IID installed in his or her vehicle.

Or. Admin. Code § 735-064-0100

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 735-031-0120; MV 30-1989, f. & cert. ef. 10-3-89; DMV 4-1994, f. & cert. ef. 7-21-94; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 2-2006, f. & cert. ef. 2-15-06; DMV 3-2008, f. & cert. ef. 1-25-08; DMV 27-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 2-2013, f. & cert. ef. 3-22-13; 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

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 807.270 & 813.510

Statutes/Other Implemented: ORS 807.240, 807.270, 813.100, 813.510, 813.602, 813.606, 813.610 & 813.614