Or. Admin. Code § 735-070-0006

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

Section 735-070-0006 - Reinstatement of Driving Privileges Suspended for Obtaining False ID

(1) Chapter 14, Oregon Law 2012 allows DMV to reinstate driving privileges prior to the full year suspension required under ORS 809.415(5) if DMV determines the person committed an act constituting an offense described in ORS 809.310(3)(a) or (b) when he or she was under 21 years of age and the only reason for the act was to obtain a driver license, driver permit or identification card that would make the person appear old enough to purchase or consume alcohol or to enter licensed premises prohibited to minors.

(2) A person may request reinstatement of driving privileges if the person's driving privileges or right to apply for driving privileges are suspended under ORS 809.415(5) and OAR 735-070-0004(3) for committing an act that constitutes an offense under ORS 809.310(3)(a) or (b). To request reinstatement, the person must submit a written request for an administrative review. The request for an administrative review must include a signed statement describing how and for what purpose the person obtained a driver license or identification card when he or she committed the act under ORS 809.310(3)(a) or (b).

(3) Upon receipt of a request described under section (2) of this rule, DMV will conduct an administrative review to determine if the person's driving privileges or right to apply for driving privileges should be reinstated. DMV will authorize reinstatement of driving privileges or the right to apply, only if DMV determines the circumstances of the person's commission of an act under ORS 809.310(3)(a) or (b) meets all of the following criteria:

(a) The person was under 21 years of age at the time the person committed the act;

(b) The person's driving privileges were not suspended or revoked at the time the person committed the act;

(c) The person did not commit more than one act described in ORS 809.310(3)(a) or (b); and

(d) It appears from the statement provided that the act was committed solely for the purpose of attempting to purchase, purchasing, consuming or acquiring alcoholic beverages or entering or attempting to enter licensed premises posted or otherwise identified as being prohibited to the use of minors.

(4) Upon completion of an administrative review, DMV will issue an order. If DMV determines the circumstances of the person's commission of an act under ORS 809.310(3)(a) or (b) meet the criteria set forth in section (3) of this rule, the person's driving privileges or right to apply for driving privileges will be reinstated upon payment of a reinstatement fee.

Or. Admin. Code § 735-070-0006

DMV 15-2012, f. & cert. ef. 11-19-12

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 2012 OL Ch. 14

Stats. Implemented: ORS 809.310, 809.320 & 2012 OL Ch. 14