Or. Admin. Code § 735-063-0360
Current through Register Vol. 63, No. 12, December 1, 2024
Section 735-063-0360 - Serious Traffic OffensesThis rule lists the traffic offenses DMV has determined to be serious traffic offenses and provides the Oregon statutes and corresponding AAMVA Code Dictionary codes for those offenses.
(1) An offense under this section is a serious traffic offense if the conviction directly results in the revocation, cancellation, or suspension of the CLP or CDL-holder's license or non-CMV driving privileges by this state, another state or territory of the United States, or by another country. While operating a non-CMV and holding commercial driving privileges, a serious traffic offense means an offense of: (a) Speeding excessively, involving any speed of 15 miles per hour or more above a regulated, posted, or basic rule speed limit; ACD codes S15, S16, S21, S26, S31, S36, S41, S71, S81, S91, and S92.(b) Reckless driving - ORS 811.140; ACD code M84.(c) Failure to drive within a lane - ORS 811.370; ACD code M42.(d) Unsafe passing on the left - ORS 811.410; ACD code M42.(e) Unsafe passing on the right - ORS 811.415; ACD code M42.(f) Following too closely - ORS 811.485; ACD code M34.(g) Any violation of a motor vehicle traffic control law if the violation has the same offense date as a fatal accident, and the accident and violation occurred in the same incident - ACD code U31. Violations under this subsection are those listed in OAR 735-064-0220 and include city traffic offenses, offenses under federal law, the laws of another state or territory of the United States, or by another country. This subsection does not apply to violations of parking laws or laws regulating vehicle weight or equipment.(2) An offense under this section is a serious traffic offense if a conviction resulted from an offense that occurred while operating a CMV: (a) Speeding excessively, involving any speed of 15 miles per hour or more above a regulated, posted, or basic rule speed limit; ACD codes S15, S16, S21, S26, S31, S36, S41, S71, S81, S91, and S92.(b) Reckless driving - ORS 811.140, ACD code M84.(c) Failure to drive within a lane - ORS 811.370, ACD code M42.(d) Unsafe passing on the left - ORS 811.410, ACD code M42.(e) Unsafe passing on the right - ORS 811.415, ACD code M42.(f) Following too closely - ORS 811.485, ACD code M34.(g) Any violation of a motor vehicle traffic control law if the violation has the same offense date as a fatal accident, and the accident and violation occurred in the same incident - ACD code U31. Violations under this subsection are those listed in OAR 735-064-0220 and include city traffic offenses, offenses under federal law, the laws of another state or territory of the United States, or by another country. This subsection does not apply to violations of parking laws or laws regulating vehicle weight or equipment.(h) Driving a motor vehicle while using a mobile electronic device - ORS 811.507, ACD codes M85, M86.(i) Operating a CMV without proper classification or endorsement - ORS 807.010, ACD code B91.(j) Operating a CMV without driving privileges - ORS 807.010(1); ACD code B56.(k) Failure to carry or present to a police officer proof of commercial driving privileges - ORS 807.570; ACD code B57.Or. Admin. Code § 735-063-0360
DMV 5-2015, f. 6-19-15, cert. ef. 7-8-15; Renumbered from 735-063-0130, DMV 4-2016, f. 9-22-16, cert. ef. 9/26/2016; DMV 21-2017, amend filed 11/30/2017, effective 1/1/2018; DMV 39-2020, amend filed 12/11/2020, effective 1/1/2021Statutory/Other Authority: ORS 184.619, 802.010, 809.525 & 49 CFR § 383.51
Statutes/Other Implemented: ORS 809.525