Or. Admin. Code § 735-063-0220
Current through Register Vol. 63, No. 12, December 1, 2024
Section 735-063-0220 - Proof of Medical Qualification for a CDL or CLP(1) Proof of medical qualification for a person who certifies a driving type of non-excepted interstate is: (a) A CDLIS record that indicates the person is medically qualified to operate a CMV in interstate commerce; or(b) A valid unexpired Medical Examiner's Certificate that conforms to the requirements of 49 CFR 391.43. When indicated on the certificate, the Medical Examiner's Certificate must be accompanied by one or both of the following: (A) A valid unexpired notice of exemption issued by FMCSA under the provisions of 49 CFR 381.300 to 381.330.(B) A valid unexpired SPE certificate issued by FMCSA under the provisions of 49 CFR 391.49.(2) Proof of medical qualification for a person who certifies a driving type of excepted interstate or non-excepted intrastate is: (a) The proof required under section (1)(a) of this rule; or(b) A valid unexpired Medical Examiner's Certificate that conforms to the requirements of 49 CFR 391.41. When indicated on the certificate, the Medical Examiner's Certificate must be accompanied by a valid unexpired Waiver of Physical Disqualification issued by DMV under the conditions described in OAR 735-063-0240.(3) A Medical Examiner Certificate, notice of exemption, SPE certificate and a Waiver of Physical Disqualification is valid for up to two years.(4) DMV may require a valid unexpired Medical Examiner's Certificate that conforms to the requirements of 49 CFR 391.43 be submitted showing it was issued after the date of a mandatory or non-mandatory report submitted on the driver that resulted in DMV taking action under the At-Risk Driver Program.(5) For purposes of section (4) of this rule, when indicated on the Medical Examiner's Certificate, the certificate must be accompanied by one or more of the following: a notice of exemption, SPE certificate or a Waiver of Physical Disqualification.(6) Notwithstanding section (2) of this rule, an individual certifying as excepted interstate or non-excepted intrastate who was medically qualified on or after March 1, 2020, retains medical qualification. In order to qualify under this section, an individual must have valid proof of medical qualification that was issued for a period of 90 days or longer. This section does not apply to an individual requiring a notice of exemption issued by FMCSA.Or. Admin. Code § 735-063-0220
MV 11-1986, f. 6-27-86, ef. 7-1-86; MV 4-1987, f. & ef. 5-18-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0750; MV 24-1988, f. & cert. ef. 7-1-88; MV 24-1989, f. & cert. ef. 10-3-89; MV 6-1990, f. & cert. ef. 4-2-90; MV 16-1991, f. 9-18-91, cert. ef. 9-29-91; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0160; DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08; Renumbered from 735-074-0280, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10; DMV 7-2011, f. & cert. ef. 6-21-11; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; Renumbered from 735-063-0060, DMV 4-2016, f. 9-22-16, cert. ef. 9/26/2016; DMV 6-2019, amend filed 02/21/2019, effective 3/1/2019; DMV 33-2020, amend filed 12/02/2020, effective 12/2/2020Statutory/Other Authority: ORS 184.619, 802.010, 807.040, 49 CFR § 381.300- § 381.330 & 49 CFR § 391.41- § 391.49
Statutes/Other Implemented: ORS 807.040 & 807.100