Or. Admin. Code § 735-063-0390

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

Section 735-063-0390 - CMV Used In Human Trafficking

(1) For the purposes of ORS 809.520(2) and this rule:

(a) DMV adopts the following defined terms in effect as of January 1, 2021:

(A)22 USC 7102(1) - Abuse or threatened abuse of law or legal process;

(B)22 USC 7102(3) - Coercion;

(C)22 USC 7102(4) - Commercial sex act;

(D)22 USC 7102(7) - Debt bondage;

(E)22 USC 7102(8) - Involuntary servitude; and

(F)22 USC 7102(12) - Sex trafficking.

(b) "Severe forms of trafficking in persons" has the meaning provided in 22 USC 7102(11) in effect as of January 1, 2021, and includes, but is not limited to, the following convictions:

(A) ORS 163.266 (Trafficking in persons);

(B) ORS 163.413 (Purchasing sex from a minor);

(C) ORS 167.008 (Commercial sexual solicitation);

(D) ORS 167.017 (Compelling prostitution);

(E) ORS 163.263 (Subjecting another person to involuntary servitude in the second degree);

(F) ORS 163.264 (Subjecting another person to involuntary servitude in the first degree);

(G)18 U.S.C. § 1584(a) (Involuntary servitude);

(H)18 U.S.C. § 1589(a) (Forced labor);

(I)18 U.S.C. § 1591 (Sex trafficking of children or by force, fraud, or coercion);

(J)18 U.S.C. § 2423(a) (Transportation of minor - Transportation With Intent To Engage in Criminal Sexual Activity); and

(K)18 U.S.C. § 2423(b) (Transportation of minor - Travel With Intent To Engage in Illicit Sexual Conduct).

(2) DMV will permanently suspend a person's commercial driving privileges for the lifetime of the person if the department receives a record of conviction for a crime in which a commercial motor vehicle was used and that involved an act or practice of severe forms of trafficking in persons.

(3) DMV will permanently suspend a person's commercial driving privileges for the lifetime of the person if the department receives a conviction with a U11 ACD code, using a CMV in the commission of severe forms of trafficking in persons.

(4) A request for an administrative review of a permanent suspension of a commercial driving privileges under this rule must comply with the requirements established under ORS 809.440 and OAR 735-001-0050.

Or. Admin. Code § 735-063-0390

DMV 9-2022, adopt filed 09/21/2022, effective 9/21/2022

Statutory/Other Authority: ORS 184.619, 802.010 & 809.520

Statutes/Other Implemented: 809.440, 809.520, 809.545 & 49 CFR 383, 51