Or. Admin. Code § 735-063-0263

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-063-0263 - CDL Transfer from Canada or Mexico

(1) An individual may apply to transfer a valid, unexpired Licencia Federal de Conductor issued by United Mexican States or a valid, unexpired CDL issued by a Canadian Province or Territory for an equivalent Oregon CDL if the individual and their employer meet all requirements described in this rule.

(2) An Oregon-based trucking company, as defined in section (5) of this rule, that sponsors and employs an individual as described in this rule must first contact DMV Driver Programs at DMV_CDLPolicyUnit@odot.oregon.gov to establish eligibility for the transfer of the individual's CDL.

(3) To establish the individual's and employer's eligibility for CDL transfer under this rule, the employer must provide the following information:

(a) The individual applicant's name, date of birth and residence address;

(b) A copy of the applicant's unexpired EB-3 visa;

(c) Evidence of the applicant's valid, unexpired Licencia Federal de Conductor issued by the United Mexican States or valid, unexpired CDL issued by a Canadian Province or Territory in conformity with the Canadian National Safety Code that DMV is able to verify through the CDLIS;

(d) A statement from the company that it withholds Oregon income tax for the applicant; and

(e) The information required in section (6) of this rule to determine if the company meets the definition of an Oregon-based trucking company, as defined in section (5) of this rule.

(4) The employer is eligible under this rule if it is an Oregon-based trucking company as defined in section (5) of this rule.

(5) For purposes of this rule, an "Oregon-based trucking company" means a for-hire motor carrier of property whose principal place of business is located in Oregon.

(6) DMV shall verify that the trucking company's principal place of business is located in Oregon through the Oregon Secretary of State - Business Registry or other databases, as necessary. To assist DMV in verifying the company's principal place of business, the company must provide DMV with the following information:

(a) The company's complete business name;

(b) The address listed as the company's principal place of business; and

(c) Any additional information requested by DMV to assist DMV in determining the company's principal place of business.

(7) An applicant is eligible for a CDL transfer under this rule if they meet the following eligibility criteria:

(a) The applicant possess a valid, unexpired Licencia Federal de Conductor issued by a United Mexican States or a valid, unexpired CDL issued by a Canadian Province or Territory in conformity with the Canadian National Safety Code;

(b) The applicant holds an unexpired EB-3 visa;

(c) The applicant is employed and sponsored by an Oregon-based trucking company; and

(d) The applicant's driving privileges are not suspended, revoked, cancelled or otherwise withdrawn in any jurisdiction.

(8) To apply for a CDL transfer, the applicant must:

(a) Complete the application requirements described in ORS 807.045(1);

(b) Provide proof of medical qualification as described in OAR 735-063-0220; and

(c) Complete all other eligibility or qualification requirements, excluding an actual demonstration, provided in statute or Oregon administrative rule for the issuance of a CDL.

(9) For the purposes of section (1) of this rule, an applicant surrendering a valid, unexpired Licencia Federal de Conductor is considered to have met the requirements of OAR 735-062-0080(1)(a).

Or. Admin. Code § 735-063-0263

DMV 21-2020, temporary adopt filed 06/25/2020, effective 7/6/2020 through 1/1/2021; DMV 38-2020, adopt filed 12/11/2020, effective 1/1/2021; DMV 3-2024, temporary amend filed 04/15/2024, effective 4/17/2024 through 10/13/2024; DMV 30-2024, amend filed 10/10/2024, effective 10/10/2024

Statutory/Other Authority: ORS 184.619, 802.010 & 807.072

Statutes/Other Implemented: ORS 807.045, 807.072 & 825.005