Or. Admin. Code § 735-062-0007

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-062-0007 - Driver Permits or Driver Licenses

(1) Before DMV will issue a driver permit or driver license, the applicant for the driver permit or driver license must:

(a) Satisfy all requirements set forth in ORS 807.040 and 807.060(2)(a) if under the age of 18. For purposes of ORS 807.060 and this subsection:

(A) "Mother" means the biological or adoptive mother of the applicant, whose parental rights have not been terminated;

(B) "Father" means the biological or adoptive father of the applicant, whose parental rights have not been terminated; and

(C) "Legal guardian" means an individual, or the authorized representative of an entity, private or public institution or agency appointed as guardian of the applicant by a court having jurisdiction.

(b) Satisfy all requirements set forth in ORS 807.065 and 807.066 to receive a driver license (provisional) if under 18 years of age;

(c) Provide a verifiable SSN or a statement that the applicant has not been assigned a SSN as provided in OAR 735-062-0005;(d) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016;

(d) Provide proof of the applicant's identity and date of birth as provided in OAR 735-062-0020;

(e) Provide proof of the applicant's residence address as provided in OAR 735-062-0030;

(f) Provide proof, as provided in OAR 735-016-0070, that the applicant is domiciled in or a resident of Oregon;

(g) Surrender all driver permits, driver licenses and identification cards in the applicant's possession issued outside of Oregon;

(h) Certify that the applicant 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;

(i) Certify that the applicant does not have a mental or physical condition or impairment that affects the applicant's ability to drive safely; and

(j) Certify that the applicant 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.

(2) Once an applicant has applied for a driver license or driver permit, DMV will make an inquiry to NDR/PDPS, SPEXS and S2S to determine if the applicant's driving privileges are suspended, revoked, canceled or otherwise not valid in any other jurisdiction.

(3) DMV may require the applicant to provide a clearance letter in compliance with OAR 735-062-0160, indicating the applicant has valid driving privileges from any jurisdiction in which an inquiry to NDR/PDPS, SPEXS and S2S indicates the applicant's driving privilege is not fully valid.

(4) DMV will not issue driving privileges to an applicant until the applicant's driving privileges are reinstated in all jurisdictions, unless the only remaining reinstatement requirement in the other jurisdiction is proof of financial responsibility. Nothing in this section prohibits DMV from issuing a regular Class C driver license to an applicant whose commercial driving privileges are not valid as long as the applicant's regular Class C or equivalent driving privileges are valid.

(5) DMV will not issue a driver license or driver permit to an applicant with a current, valid Oregon identification card (ID card). To become eligible, the applicant must surrender the ID card before DMV may issue the Oregon driver license or driver permit. If the person's ID card is lost or destroyed, the person must make a statement that the card is lost or destroyed and that it will be returned to DMV if found.

(6) DMV will notify all jurisdictions in the United States identified as previously issuing a driver license, driver permit or identification card to the applicant when DMV issues an Oregon driver license or driver permit to the applicant.

(7) A driver license issued to an applicant with a February 29 birthdate expires:

(a) On February 29 if the expiration year is a leap year; or

(b) On February 28 if the expiration year is not a leap year.

(8) After determining that an applicant has met all requirements under this rule, DMV will issue the driver license or driver permit and mail it to the address provided by the applicant at the time of the application.

(9) An Oregon non-commercial driver license or driver permit becomes invalid when the holder of the Oregon driver license or driver permit is issued a driver license, driver permit or identification card in another jurisdiction.

Or. Admin. Code § 735-062-0007

MV 14-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0000; MV 6-1990, f. & cert. ef. 4-2-90; MV 14-1992, f. & cert. ef. 10-16-92; MV 16-1992, f. & cert. ef. 12-16-92; DMV 12-2000, f. & cert. ef. 9-21-00; DMV 3-2003, f. & cert. ef. 4-21-03; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 27-2005, f. 12-14-05 cert. ef. 1-1-06; DMV 5-2007, f. 5-24-07, cert. ef. 8-1-07; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 1-2008(Temp), f. 1-18-08, cert. ef. 2-4-08 thru 8-1-08; Renumbered from 735-062-0000, DMV 16-2008, f. 6-23-08, cert. ef. 7-1-08; DMV 25-2009, f. 12-22-09, cert. ef. 1-1-10; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 19-2013, f. 12-20-13, cert. ef. 1-1-14; DMV 14-2014, f. & cert. ef. 12/1/2014; DMV 2-2016, f. & cert. ef. 4/29/2016; DMV 4-2016, f. 9-22-16, cert. ef. 9/26/2016; DMV 7-2018, amend filed 06/26/2018, effective 7/1/2018; DMV 17-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021; DMV 34-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 15-2021, amend filed 09/13/2021, effective 9/13/2021; DMV 1-2023, amend filed 01/12/2023, effective 1/12/2023; DMV 14-2023, amend filed 05/15/2023, effective 5/15/2023; DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.040, 807.050, 807.060, 807.120 & 809.310

Statutes/Other Implemented: ORS 802.540, 807.021, 807.040, 807.060, 807.066, 807.130, 807.455 & 809.310