Or. Admin. Code § 735-001-0062
Current through Register Vol. 63, No. 12, December 1, 2024
Section 735-001-0062 - DMV/DOC Program for an Adult in Custody 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 adult in custody obtain a driver license or identification card prior to the adult in custody's release from custody.(2) For purposes of this rule, the term "adult in custody" 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 adult in custody on file with DMV. The photograph on file must not be older than nine years. DMV will issue as follows: (a) A replacement driver license to an adult in custody whose driving privileges are valid or are reinstated at the time of issuance;(b) A renewal driver license to an adult in custody 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(8) or has been expired for less than two years; or(c) An original, renewal or replacement identification card to an adult in custody: (A) Who is not eligible for driving privileges under sections (4) or (7) of this rule;(B) Whose previous driver license has been expired for more than two years;(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 and the State Pointer Exchange Service to determine if the adult in custody's driving privileges are suspended, revoked, cancelled or otherwise not valid in any other jurisdiction. An adult in custody 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 adult in custody within 180 days prior to the adult in custody'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 adult in custody. The application must include the adult in custody's Social Security Number (SSN) or a written statement that the person has not been assigned a 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 date of birth and identity as required under ORS 807.040(1)(k) by OAR 735-062-0020; and(d) In addition to the certifications described in OAR 735-018-0040, the adult in custody applying for replacement of any driver license or driver permit must certify to all of the following:(A) 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;(B) Does not have a mental or physical condition or impairment that affects the applicant's ability to drive safely; and(C) 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.(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 adult in custody for whom DOC is submitting the VWPP application; and(b) That the adult in custody 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 adult in custody who is eligible to renew their driving privileges, and is or will be 65 years of age or older at the time their driving privileges expire, must meet the requirements of OAR 735-062-0060. As the adult in custody 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 adult in custody does not meet the vision standards set forth in 735-062-0050, the adult in custody is only eligible for an identification card.(8) When an adult in custody's driving privileges are valid (not suspended, revoked, cancelled or expired more than two years) the adult in custody 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 adult in custody 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.(9) DOC will pay the fee listed in ORS 807.370 or 807.410, as appropriate, for each adult in custody issued a driver license or identification card in a manner outlined in the interagency agreement.Or. Admin. Code § 735-001-0062
DMV 16-2012, f. 12-21-12, cert. ef. 1-1-13; DMV 5-2013, f. & cert. ef. 5-3-13; DMV 3-2015, f. 6-19-15, cert. ef. 7/1/2015; DMV 24-2020, amend filed 06/25/2020, effective 7/6/2020; DMV 34-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 13-2021, amend filed 07/16/2021, effective 7/16/2021; DMV 13-2023, amend filed 05/15/2023, effective 5/15/2023; DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023Statutory/Other Authority: ORS 184.619, 802.010, 802.087 & 807.110
Statutes/Other Implemented: ORS 802.087