Or. Admin. Code § 735-074-0140

Current through Register Vol. 63, No. 11, November 1, 2024

Section 735-074-0140 - DMV Response to Mandatory Report - Suspension, Opportunity to Re-Test, Reinstatement

(1) DMV will review a report received under OAR 735-074-0120 to determine if sufficient information has been provided. If the report does not contain the information required by OAR 735-074-0120 DMV may contact or return the form to the reporting physician or health care provider for completion. If the report does not meet the requirements of a mandatory report, but if the report is of a possible mental or physical condition or impairment that indicates the person is no longer qualified to hold a driver license, driver permit or endorsement or may no longer be able to drive safely, DMV will review the report under the non-mandatory program described in OAR chapter 735, division 76 to determine what action, if any, is appropriate.

(2) Using the standards set forth in OAR 735-074-0130, or when otherwise recommended by the Medical Determination Officer, DMV will suspend driving privileges or the right to apply for driving privileges under ORS 809.419(3), if it is determined from the report submitted under OAR 735-074-0120 that the person has a mental or physical condition or impairment that affects the person's ability to safely operate a motor vehicle upon the highways. Driving privileges or the right to apply for driving privileges will be immediately suspended if DMV has reason to believe the person may endanger people or property if not immediately suspended.

(3) If DMV receives a report that indicates that a person's vision does not meet the vision standards set forth in OAR 735-062-0050, DMV will immediately suspend the person's driving privileges or right to apply for driving privileges under ORS 809.419(3). To be eligible for reinstatement of driving privileges the person must: submit proof from a licensed optometrist or physician who specializes in the diagnosis and treatment of eye diseases that the person's vision, with or without corrective lenses, meets the vision standards set forth in OAR 735-062-0050.

(4) A person whose driving privileges and right to apply for driving privileges are suspended because of a functional impairment may request to be tested by DMV to demonstrate that notwithstanding the impairment, the person is qualified to safely operate a motor vehicle. If the request is granted, DMV will administer a vision screening under OAR 735-062-0050, a knowledge test under 735-062-0040 and a DMV drive test under 735-062-0070. DMV will deny the request if it has reason to believe the person is unable to safely operate a motor vehicle during a drive test. If the request is denied, DMV may give the person tests if the person:

(a) Receives a determination of eligibility from the Medical Determination Officer;

(b) Submits proof of successful completion of a driver rehabilitation program conducted by a rehabilitation specialist;

(c) Submits proof of successful completion of a driver training course conducted by an ODOT certified commercial driver training school; or

(d) Submits proof that the person's motor vehicle is equipped with an appropriate adaptive device(s), such as hand controls, and provides documentation that the person knows how to use and has practiced with the adaptive devices(s).

(5) A person whose driving privileges and right to apply for driving privileges are suspended because of a cognitive impairment or a cognitive impairment in conjunction with a functional impairment reported under OAR 735-074-0110 may request to be tested by DMV to demonstrate that notwithstanding the disorder or the impairment, the person is qualified to safely operate a motor vehicle. Before DMV will grant the request to be tested, the Medical Determination Officer must determine that the person is medically eligible to take tests. If eligible for testing, the person must pass a vision screening under OAR 735-062-0050, a knowledge test under 735-062-0040 and a DMV drive test under 735-062-0070.

(6) The following apply to a request for testing under sections (4) and (5) of this rule:

(a) The request must be made by contacting DMV headquarters; and

(b) For a cognitive impairment or a cognitive impairment in conjunction with a functional impairment, testing must be completed within six months from the date the Medical Determination Officer determines the person is medically eligible to take tests.

(7) DMV will notify the reporting physician or health care provider if the person's driving privileges are reinstated.

(8) If the person voluntarily surrenders driving privileges as set forth in OAR 735-062-0135(4), DMV will rescind any suspension imposed under sections (2), (3) or (4) of this rule. The person may be eligible for a no-fee identification card.

(9) If DMV reinstates or reissues a person's driving privileges, DMV may require the person to provide periodic medical information based on the recommendation of the Medical Determination Officer or obtain periodic vision examinations based on the recommendation of the person's vision specialist. The Medical Determination Officer will include in their decision a determination if medical re-certification is needed on cognitive impairments at the time a determination on testing is made. If periodic medical information is required, DMV will send the person a Driver Medical Report form (DMV form 735-6587) and notify the person that they will be required to return the completed form to DMV within 60 days or the person's driving privileges will be cancelled. The form must be completed by the person and their licensed physician, nurse practitioner or physician associate and returned to DMV within 60 days of the date on the notice.

(10) If a periodic vision exam must be obtained, DMV will send the person a Certificate of Vision form (DMV form 735-24) and notify the person they must submit the completed form within 60 days or the person's driving privileges will be cancelled. The form must be completed by the person's licensed vision specialist and returned to DMV within 60 days of the date on the notice.

(11) A person may be required to successfully complete DMV testing or may have driving privileges suspended based on information contained in the Driver Medical Report form (DMV form 735-6587) or periodic Certificate of Vision form (DMV form 735-24) submitted under section (9) and (10) of this rule.

Or. Admin. Code § 735-074-0140

DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 1-2005, f. & cert. ef. 1-20-05; DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 17-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021; DMV 37-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 15-2024, minor correction filed 06/10/2024, effective 6/10/2024

Forms referenced are available from the agency.

Statutory/Other Authority: ORS 184.619, 802.010, 807.340, 807.710 & 809.419

Statutes/Other Implemented: ORS 807.340 & 807.710