Or. Admin. Code § 735-062-0011

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

Section 735-062-0011 - Real ID Identification Cards

(1) Pursuant to ORS 807.400 and 6 CFR part 37 and as provided in this rule, DMV will issue a Real ID identification card to a person who does not have a valid Real ID or non-Real ID driver license or driver permit.

(2) Before DMV will issue a first-time Real ID identification card, the applicant must:

(a) Satisfy all identification card requirements set forth in ORS 807.400 and 807.410, except as described under section (9) of this rule;

(b) Provide the applicant's SSN or proof of ineligibility of SSN as provided in OAR 735-062-0006;

(c) Provide proof of identity, date of birth and lawful status as provided in OAR 735-062-0022;

(d) Provide proof of legal name as provided in OAR 735-062-0023;

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

(f) Provide proof of the applicant's residence address as provided in OAR 735-062-0031; and

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

(h) Submit to the collection of biometric data for the purpose of establishing identity as provided in ORS 807.024 and OAR 735-062-0016.

(3) All Real ID identification cards issued by the department must contain the current full legal name of the person.

(4) DMV will not issue a Real ID identification card to an applicant who holds a current, valid Oregon Real ID or a Real ID issued by any other state. DMV will make an inquiry to SPEXS to determine if the applicant holds a Real ID. To become eligible, the applicant must surrender the Real ID before DMV may issue the Oregon Real ID identification card. If the applicant's Real ID is lost or destroyed, the applicant must make a statement that the card is lost or destroyed and that it will be returned to DMV if found.

(5) Real ID identification cards issued to persons for whom DMV has created an Oregon driving record will reflect the same number as that on the existing record.

(6) Applicants for a first-time Real ID identification card must personally apply at a DMV office to receive an identification card.

(7) All Real ID identification cards must include a photograph of the cardholder.

(8) Before DMV will issue a replacement or renewal Real ID identification card, the applicant applying must:

(a) Provide proof of identity and lawful status as provided in OAR 735-062-0022.

(b) If there has been any change to the applicant's name, the applicant must provide proof of the change as required by OAR 735-062-0023.

(c) If there has been any change to the applicant's date of birth, the applicant must provide proof of the change as required by OAR 735-062-0022.

(d) If there has been any change to the applicant's Social Security number, the applicant must provide the new SSN as required by OAR 735-062-0006.

(9) DMV will waive the fee requirements set forth in ORS 807.410 for those applicants applying for a Real ID identification card when:

(a) The applicant voluntarily surrenders an Oregon Real ID driver license or driver permit to DMV based upon the applicant's recognition that the applicant is no longer competent to drive; or

(b) The applicant's driving privileges are suspended under ORS 809.419(1) and the applicant voluntarily surrenders the applicant's license or driver permit to DMV.

(10) A Real ID identification card issued to a person with a February 29 birth date 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.

(11) After determining that an applicant has met all requirements under this rule, DMV will issue the Real ID identification card and mail it to the address provided by the applicant at the time of application.

(12) DMV will issue to an applicant who has provided proof of lawful status in the United States on a temporary basis, as described in OAR 735-062-0022(6), a Real ID identification card expiring on the date the applicant is no longer authorized to stay in the United States, as indicated by the document the applicant presented as proof of lawful status, but no longer than eight years from the date of issuance, or if there is no definite end to the authorized stay, for a period of one year.

(13) DMV will issue a Real ID identification card with an expiration date as described in ORS 807.400(8) to an applicant who is a citizen of a country with a Compact of Free Association with the United States and who provides proof of lawful presence as specified in OAR 735-062-0022(5).

(14) DMV may renew a Real ID identification card as provided in OAR 735-062-0090 or may do so using a previous photograph only as provided in OAR 735-062-0125.

(15) DMV may replace a Real ID identification card as provided in OAR 735-062-0110 or may do so using a previous photograph only as provided 735-062-0125.

Or. Admin. Code § 735-062-0011

DMV 24-2020, adopt filed 06/25/2020, effective 7/6/2020; DMV 11-2021, amend filed 07/16/2021, effective 7/16/2021

Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.040, 807.050, 807.400, 807.455, 807.480, Or Laws 2018, ch. 60, sec. 3, Or Laws 2019, ch. 312 sec. 34, Or Laws 2019, ch 701, 6 CFR § 37.11, 6 CFR § 37.17, 6 CFR § 37.21 & 6 CFR § 37.29

Statutes/Other Implemented: ORS 807.021, 807.022, 807.130, 807.400, 807.455, 807.480, Or Laws 2018, ch. 60, sec. 3 & PL 116-260 (2020)