Or. Admin. Code § 735-063-0311

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

Section 735-063-0311 - Driver Records for CDL-Holders and CMV Operators; Enforcement of Federally Required CDP Suspensions

(1) This rule and OAR 735-010-0110 apply to an individual whose driving record contains a:

(a) Conviction from an incident that occurred while operating a commercial motor vehicle or while holding commercial driving privileges (CDP), as described in ORS 807.018; or

(b) Withdrawal, as defined in section (12)(c)(B) of this rule.

(2) DMV adopts and incorporates by reference Appendix A: ACD Codes, Descriptions, and Abbreviations, from the AAMVA Code Dictionary Manual, r5.2.5 (effective date September 11, 2023) as the list of conviction and withdrawal codes used in driver records for individuals subject to this rule.

(3) When DMV receives a record, report or notice of a conviction or withdrawal, DMV shall enter the appropriate code into the individual's driver record.

(4) When an individual changes the individual's state of record from another jurisdiction in the United States, DMV shall integrate the driving history from the other jurisdiction into the Oregon driver record and add any convictions and withdrawals to the Oregon driver record using the appropriate code. DMV does not integrate a driver record from non-United States jurisdictions into the Oregon driver record.

(5) DMV integrates into the Oregon driver record convictions and withdrawals received from other jurisdictions electronically. DMV retains withdrawals in Oregon driver records for informational purposes and to allow DMV to make suspension determinations as described in sections (7) of this rule.

(6) DMV shall determine that a withdrawal did not meet the federal requirements for state disqualification under 49 CFR § 384.231 when:

(a) There is an absence of a withdrawal in the driver history record;

(b) A withdrawal was imposed, but did not meet the federally-required minimum period; or

(c) A withdrawal was imposed, but the jurisdiction was not the state of record for the entire time the withdrawal was in effect.

(7) If DMV determines under section (6) of this rule that no withdrawal, or no combination of withdrawals, in the driver record meets the requirements of federal regulation, then DMV shall impose a CDP suspension under ORS 809.510 to 809.550 for the remaining federally-required suspension period.

(8) If DMV receives a record of withdrawal reflecting the correct federally-required minimum withdrawal period, and confirmation that the other jurisdiction was the state of record for the person during the withdrawal, DMV shall remove the Oregon withdrawal imposed under section (7) of this rule.

(9) DMV shall enter into CDLIS the ACD code "A20" to represent a conviction based on a DUII diversion report under ORS 813.230, received by an individual who held commercial driving privileges in any jurisdiction on the date of the commission of the offense or who operated a commercial motor vehicle at the time of the offense.

(10) DMV shall enter into CDLIS the ACD code "A20" to represent a suspension of commercial driving privileges received by an individual under ORS 809.510(1)(g) based on a DUII diversion report under ORS 813.230.

(11) Section (9) of this rule applies to DUII diversion reports under ORS 813.230 for offenses occurring on or after January 1, 2023. Section (10) of this rule applies to suspensions issued by DMV under ORS 809.510(1)(g) on or after January 1, 2023.

(12) The following definitions apply to this rule:

(a) "Conviction" has the meaning given that term in ORS 809.510(6).

(b) "Record," "report" or "notice," as used in this rule and in ORS 809.510 to 809.540, includes:

(A) An entire driver record received from another jurisdiction; and

(B) An individual or grouped series of convictions received from another jurisdiction.

(c) "Withdrawal" means:

(A) A cancellation, suspension, revocation of non-commercial driving privileges; or

(B) A cancellation, suspension, revocation, or disqualification of commercial driving privileges.

Or. Admin. Code § 735-063-0311

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 17-2022, amend filed 11/17/2022, effective 1/1/2023; DMV 25-2024, amend filed 08/06/2024, effective 8/6/2024

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 802.210

Statutes/Other Implemented: ORS 802.200, 802.540, 807.040, 807.045, 807.050, 807.060, 807.070, 807.150, 807.170, 809.310, 809.510 - 809.550 & 49 CFR § 383.51