Or. Admin. Code § 735-076-0002

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

Section 735-076-0002 - Definitions

(1) "DMV" means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(2) "Health care provider" means a person licensed, certified or otherwise authorized or permitted by law to administer health care in the State of Oregon. For purposes of these rules, the term health care provider is limited to: a chiropractic physician, nurse practitioner, occupational therapist, physical therapist, optometrist, physician associate and podiatric physician or surgeon.

(3) "Immediate suspension or cancellation" means the suspension or cancellation of driving privileges or the right to apply for driving privileges before the person is given an opportunity for a hearing to contest the suspension.

(4) "Loss of consciousness or control" means an unpredictable medical event experienced at any time by an individual in which the normal control of the individual's body is compromised due to the event rendering the individual unconscious, unable to experience normal sensory perception or unable to initiate the physical motion required to safely operate a motor vehicle. "Loss of consciousness or control" includes but is not limited to; seizure, syncope, narcolepsy, hypoglycemia, sleep apnea or black-out.

(5) "Medical Determination Officer" means a physician, nurse practitioner or physician associate, licensed to provide health care services by the State of Oregon, and employed or designated by DMV to make medical determinations of a person's medical eligibility for driving privileges.

(6) "Non-mandatory reporting or a non-mandatory report" means a voluntary report to DMV of either a medical condition or impairment that may affect a driver's ability to safely operate a motor vehicle, or a report of actual driving behavior that may indicate the person is no longer able to safely operate a motor vehicle. A non-mandatory report does not include a report that must be filed by a physician or health care provider as required under OAR chapter 735, division 74 of a severe and uncontrollable impairment that affects a person's ability to safely operate a motor vehicle.

(7) "Physician" has the meaning set forth in ORS 807.710.

(8) "Problem condition involving alcohol, cannabis, psilocybin, inhalants or controlled substances" has the meaning set forth in ORS 813.040.

(9) "Recertification" or "recertify" means the process for requiring the person to reestablish eligibility for driving privileges at periodic intervals by submitting a Driver Medical Report form (DMV form 735-6587), or by submitting a Certificate of Vision form (DMV form 735-024) or passing a DMV vision screening. The process may also include DMV tests, receiving a determination of eligibility from the Medical Determination Officer, or both, if determined necessary by DMV.

(10) "Tests" are examinations under ORS 807.070 that establish a person's eligibility for driving privileges. Tests include a DMV vision screening, a knowledge test and a drive test.

(11) "Unsafe or dangerous driving behavior" means a driver is unable to perform basic driving tasks in a safe and responsible manner. Examples include, but are not limited to, the following:

(a) The driver is prevented from causing an accident by an evasive maneuver by another driver(s);

(b) The driver impedes traffic or fails to yield the right of way, such as: driving too slowly; driving in more than one lane of traffic; turning from the wrong lane; or turning into the wrong lane; and

(c) Failure to obey or difficulty obeying a traffic control device, such as: running a red light or stop sign; stopping beyond the designated stop line at a traffic light or stop sign; failing to stop for a pedestrian in a marked crosswalk; or driving the wrong way on a one-way street.

Or. Admin. Code § 735-076-0002

DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 1/1/2021; DMV 37-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 15-2021, amend filed 09/13/2021, effective 9/13/2021; DMV 16-2024, minor correction filed 06/10/2024, effective 6/10/2024

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

Statutes/Other Implemented: ORS 807.340