Or. Admin. R. 735-076-0052

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

Section 735-076-0052 - Restricted Applicant Temporary Permit

(1) When a person does not have Oregon driving privileges and his or her right to apply for driving privileges is suspended under OAR division 76, DMV may issue a 60-day restricted applicant temporary permit that allows the person to take driving lessons. An applicant for a permit under this section must meet all eligibility requirements listed in section (5) of this rule. The suspension will be rescinded for the 60-day period the restricted applicant temporary permit is valid. If, at the end of the 60-day restricted permit period, the person has not successfully completed a driving test given by a DMV employee or is not otherwise eligible for driving privileges, DMV will re-impose the suspension of the person's right to apply for driving privileges. When a suspension is re-imposed under this section, DMV is not required to provide the person with further notice or an opportunity for a contested case hearing.

(2) If a person's driving privileges are cancelled and the driver is denied further testing under OAR 735-062-0073, the person may apply for a 60-day restricted applicant temporary permit for the express purpose of taking driving lessons if DMV determines that with driving lessons the person may learn to safely operate a motor vehicle. An applicant for a permit under this section must, in addition to meeting all eligibility requirements listed in section (5) of this rule, provide sufficient information to show that there is a reasonable likelihood that driving lessons will improve the person's ability to safely operate a motor vehicle. Such information may include, but is not limited to:

(a) Medical information;

(b) Information from a rehabilitation specialist that the person may benefit from lessons to learn to use an adaptive device or technique; or

(c) An affidavit from a person(s) with information to show that with driving lessons the applicant is likely to learn to safely operate a motor vehicle.

(3) Driving lessons must be provided by a certified commercial driving instructor, rehabilitation specialist or other licensed driver approved by DMV as an instructor.

(4) A restricted applicant temporary permit only allows the person to drive with an instructor during driving lessons and at no other time.

(5) To be eligible for a restricted applicant temporary permit under sections (1) and (2) of this rule, the person must:

(a) If required by DMV, receive a determination of medical eligibility from the Medical Determination Officer;

(b) Apply for driving privileges, and specifically request a restricted permit for the purpose of taking driving lessons prior to taking a drive test;

(c) Pass a DMV vision screening or submit a Certificate of Vision showing that the person's vision meets DMV standards; and

(d) Pass a DMV knowledge test.

(6) A restricted permit issued under section (1) of this rule will include a notification that at the end of the 60-day period the suspension will be re-imposed without further notice and without the opportunity for a contested case hearing if the person has not successfully passed a driving test given by a DMV employee or is not otherwise eligible for driving privileges.

(7) A restricted permit issued under section (2) of this rule will include a notification that at the end of the 60-day period the permit expires and the person no longer has driving privileges until he or she has successfully passed a DMV driving test given by a DMV employee and is otherwise eligible for driving privileges.

Or. Admin. R. 735-076-0052

DMV 6-2006, f. & cert. ef. 5-25-06; DMV 8-2011, f. & cert. ef. 6-21-11

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.120, 807.310, 807.340

Stats. Implemented: ORS 807.120, 807.310, 807.340