Or. Admin. Code § 735-062-0008

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-062-0008 - Real ID Driver Licenses or Driver Permits

(1) Before DMV will issue a first-time Real ID driver license or driver permit, the applicant applying for the Real ID driver permit or driver license must:

(a) Satisfy all requirements set forth in ORS 807.040 and, if under the age of 18, 807.060(2)(a). For purposes of ORS 807.060 and this subsection:

(A) "Mother" means the biological or adoptive mother of the applicant, whose parental rights have not been terminated;

(B) "Father" means the biological or adoptive father of the applicant, whose parental rights have not been terminated; and

(C) "Legal guardian" means an individual, or the authorized representative of an entity, private or public institution or agency appointed as guardian of the applicant by a court having jurisdiction.

(b) Satisfy all requirements set forth in ORS 807.065 and 807.066 to receive a driver license (provisional) if under 18 years of age;

(c) Provide the applicant's SSN or proof of ineligibility of SSN as provided in OAR 735-062-0006;

(d) Provide proof of identity, date of birth and lawful status as provided in OAR 735-062-0022;

(e) Provide proof of legal name as provided in OAR 735-062-0023;

(f) Provide proof of the applicant's identity and date of birth as provided in OAR 735-062-0020; and

(g) Provide proof of the applicant's residence address as provided in OAR 735-062-0031.

(h) Provide proof, as provided in OAR 735-016-0070, that the applicant is domiciled in or a resident of Oregon;

(i) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016;

(j) Certify that the applicant does not have a vision condition or impairment that impacts the applicant's ability to drive safely, which has not been corrected by the use of glasses or contact lenses;

(k) Certify that the applicant does not have a mental or physical condition or impairment that affects the applicant's ability to drive safely; and

(l) Certify that the applicant does not have a problem condition with an intoxicant, as defined in Oregon Laws 2023, Chapter 498 that affects the applicant's ability to drive safely.

(2) Before DMV will issue a replacement or renewal Real ID driver permit or driver license, the applicant applying must:

(a) Provide proof of identity and lawful status as provided in OAR 735-062-0022.

(b) If there has been any change to the applicant's name, the applicant must provide proof of the change as required by OAR 735-062-0023.

(c) If there has been any change to the applicant's date of birth, the applicant must provide proof of the change as required by OAR 735-062-0022.

(d) If there has been any change to the applicant's SSN, the applicant must provide the new SSN as required by OAR 735-062-0006.

(e) Certify that the applicant does not have a vision condition or impairment that impacts the applicant's ability to drive safely, which has not been corrected by the use of glasses or contact lenses;

(f) Certify that the applicant does not have a mental or physical condition or impairment that affects the applicant's ability to drive safely; and

(g) Certify that the applicant does not have a problem condition with an intoxicant, as defined in Oregon Laws 2023, Chapter 498 that affects the applicant's ability to drive safely.

(3) All Real ID driver licenses and driver permits issued by the department must contain the current full legal name of the person.

(4) DMV will not issue a Real ID driver license or driver permit to a person who holds a current, valid Real ID or non-Real ID driver license, driver permit or identification card issued by this state or any other state. To become eligible, the person must surrender the Real ID or non-Real ID driver license, driver permit or identification card before DMV may issue the Oregon Real ID driver license or driver permit. If the person's Real ID or non-Real ID driver license or driver permit is lost or destroyed, the person must make a statement that the card is lost or destroyed and that it will be returned to DMV if found.

(5) Upon receipt of an application for a Real ID driver license or driver permit, DMV will make an inquiry to NDR/PDPS, CDLIS and SPEXS/S2S to determine if the applicant's driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction.

(6) DMV may require the applicant to provide a clearance letter in compliance with OAR 735-062-0160, indicating the applicant has valid driving privileges from any jurisdiction in which an inquiry with NDR/PDPS, CDLIS and SPEXS/S2S indicates the applicant's driving privilege is not fully valid.

(7) DMV will not issue driving privileges to a person until the person's driving privilege is reinstated in all jurisdictions, unless the only remaining reinstatement requirement in the other jurisdiction is proof of financial responsibility. Nothing in this section prohibits DMV from issuing a regular Class C non-commercial Real ID driver license to a person whose CDL driving privileges are not valid as long as the applicant is eligible for a regular Class C non-commercial or equivalent driving privilege.

(8) DMV will not issue a Real ID permit to a person who is applying for a Commercial Learners Permit, Motorcycle Instruction Permit, Emergency Permit, or Special Student Permit.

(9) A Real ID driver license issued to a person with a February 29 birth date expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On February 28 if the expiration year is not a leap year.

(10) After determining that an applicant has met all requirements under this rule, DMV will issue the Real ID driver license or driver permit and mail it to the address provided by the applicant at the time of the application.

(11) DMV will issue to an applicant who has provided proof of lawful status in the United States on a temporary basis, as described in OAR 735-062-0022(6), a Real ID driver license expiring on the date the applicant is no longer authorized to stay in the United States, as indicated by the document the applicant presented as proof of lawful status, but no longer than eight years from the date of issuance, or if there is no definite end to the authorized stay, for a period of one year.

(12) DMV will issue an applicant who is a citizen of a country with a Compact of Free Association with the United States and who provides proof of lawful status as set forth in OAR 735-062-0022(5), a Real ID driver license with an expiration date as described in ORS 807.130(1) or (2).

Or. Admin. Code § 735-062-0008

DMV 24-2020, adopt filed 06/25/2020, effective 7/6/2020; DMV 11-2021, amend filed 07/16/2021, effective 7/16/2021; DMV 14-2023, amend filed 05/15/2023, effective 5/15/2023; DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.040, 807.050, 807.060, 807.120, 807.455, 807.480, 6 CFR § 37.11, 6 CFR § 37.17, 6 CFR § 37.21 & 6 CFR § 37.29

Statutes/Other Implemented: ORS 807.021, 807.040, 807.060, 807.066, 807.130, 807.455, 807.480 & 49 USC 30301 note