Or. Admin. Code § 291-207-0100
Current through Register Vol. 64, No. 1, January 1, 2025
Section 291-207-0100 - DMV/DOC Program for an Inmate Obtaining a Driver License or Identification Card Prior to Release(1) The Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV) and the Oregon Department of Corrections (DOC) have established, through interagency agreement, the following program to help an inmate obtain a driver license or identification card prior to his or her release from custody. (2) For purposes of this rule, the term "inmate" means any person under the supervision of the DOC and who is not on parole, probation or post-prison supervision status. (3) Notwithstanding OAR 735-062-0016, DMV may issue a renewal or replacement driver license or an identification card containing the last photograph of the inmate on file with DMV. The photograph on file must not be older than nine years and two months. DMV will issue as follows: (a) A replacement driver license to an inmate whose driving privileges are valid or are reinstated at the time of issuance; (b) A renewal driver license to an inmate whose driving privileges are valid or are reinstated at the time of issuance and whose driver license is within the allotted time for early renewal as described in OAR 735-062-0090(4) or has been expired for less than one year; or (c) An original, renewal or replacement identification card to an inmate: (A) Who is not eligible for driving privileges under sections (4), (7) or (8) of this rule; (B) Whose previous driver license has been expired for more than one year; (C) Whose driving privileges are suspended, revoked or cancelled; or (D) Who has never been issued or does not currently qualify for a driver license under ORS 807.040. (4) DMV will make an inquiry to the National Driver Register/Problem Driver Pointer System (NDR/PDPS) and the Commercial Driver License Information System (CDLIS), to determine if the inmate's driving privileges are suspended, revoked, cancelled or otherwise not valid in any other jurisdiction. An inmate whose driving privileges are not valid in any other jurisdiction is not eligible to replace or renew driving privileges in Oregon. (5) DOC may complete an application packet for each eligible inmate within no more than 180 days prior to the inmate's date of release from DOC custody. The application packet must include: (a) A completed Valid with Previous Photo DL/ID Card (VWPP) Application, DMV Form 735-171C, signed by the inmate. The application must include the inmate's Social Security Number (SSN). DMV must verify, or have previously verified, the SSN with the Social Security Administration, as required by OAR 735-062-0005; (b) Proof of legal name as required by OAR 735-062-0014; (c) Proof of legal presence as required by OAR 735-062-0015 and the interagency agreement; and (d) Proof of date of birth and identity as required by OAR 735-062-0020. (6) On the application DOC must certify: (a) That the copies of the documents submitted to meet the requirements of section (5) of this rule are true copies of the original documents and that the documents pertain to the inmate for whom DOC is submitting the VWPP application; and (b) That the inmate will be living in Oregon when released and the address provided on the application meets the requirements for residence or mailing address as outlined in the interagency agreement. (7) An inmate is not eligible for driving privileges, under ORS 807.060(4) or (5), and DMV will not replace or renew a driver license, if on the VWPP Application the inmate: (a) Answers yes to the question "Do you have a vision condition or impairment that has not been corrected by glasses, contacts or surgery that affects your ability to drive safely?"; (b) Answers yes to the question "Do you have any physical or mental conditions or impairments that affect your ability to drive safely?"; or (c) Answers yes to the question "Do you use alcohol, inhalants, or controlled substances to a degree that affects your ability to drive safely?" (8) An inmate who is eligible to renew his or her driving privileges, and is or will be 50 years of age or older at the time his or her driving privileges expire, must meet the requirements of OAR 735-062-0060. As the inmate will not be at a DMV field office for the vision screening, DOC must provide a vision examination form, Certificate of Vision, DMV Form 735-24, completed by a licensed ophthalmologist or optometrist with the VWPP application. If no Certificate of Vision form is included or the inmate does not meet the vision standards set forth in OAR 735-062-0050, the inmate is only eligible for an identification card. (9) When an inmate's driving privileges are valid (not suspended, revoked, cancelled or expired more than one year) the inmate must surrender driving privileges in order to be eligible for an identification card. A completed Surrender of Driving Privilege(s), DMV Form 735-7206, must be included with the VWPP application of any inmate who is surrendering driving privileges. A person who surrenders driving privileges must pass all tests and pay all fees associated with an original driver license to regain driving privileges at a later date. (10) DOC will pay the fee listed in ORS 807.370 or 807.410, as appropriate, for each inmate issued a driver license or identification card in a manner outlined in the interagency agreement. (11) When an inmate's driver license or identification card issued pursuant to this rule is renewed or replaced, he or she must provide proof of citizenship or permanent legal residency as required by OAR 735-062-0015, unless DMV records show the person has previously provided such proof. Or. Admin. Code § 291-207-0100
DOC 12-2012, f. 12-27-12, cert. ef. 1-1-13; DOC 10-2015, f. & cert. ef. 8/21/2015Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 802.087
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 802.087