Or. Admin. Code § 735-072-0023

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

Section 735-072-0023 - Provisional Driver Improvement Program

(1) Drivers who have reached 14 years of age but who have not yet reached 18 years of age are subject to the Provisional Driver Improvement Program. The Provisional Driver Improvement Program is designed to have an immediate impact on young drivers who are convicted of traffic offenses or involved in preventable accidents. The Provisional Driver Improvement Program applies to driver improvement offenses and preventable accidents that occur when the driver is 14, 15, 16 or 17 years of age, and whose record review date occurs before the person has reached 18 years of age.

(2) On the record review date, DMV will review the person's driving record and restrict the driving privileges of any provisional driver who has two driver improvement offenses.

(3) All of the following apply to provisional restrictions:

(a) DMV will restrict the license or instruction permit of a provisional driver to drive only to and from or for employment or school.

(b) Only the driver's parent, stepparent or guardian may be a passenger in the vehicle.

(c) DMV will impose the restriction for a period of 90 days or until the driver becomes 18 years of age. DMV will notify the provisional driver by letter that the restriction will begin five days from the date of the letter. During the 90-day restriction period, the provisional driver must carry the restriction letter at all times while the person is driving a motor vehicle.

(d) A person who violates the Provisional Driver Improvement Program restriction, may be cited under ORS 807.010, operating in violation of license restrictions, which is a Class B traffic violation.

(e) DMV will delay imposition of a restriction to driving privileges and place a pending restriction code on the person's driving record of any provisional driver:

(A) Whose driving privileges are cancelled, suspended or revoked, until DMV grants driving privileges or fully reinstates driving privileges;

(B) Who has not been granted driving privileges, until DMV grants driving privileges in the form of a provisional driver license or instruction permit; or

(C) Unless that provisional driver gets another driver improvement offense or preventable accident while under the age of 18. In that case, DMV will suspend the driving privileges or right to apply for driving privileges as set forth in section (5) of this rule. This suspension will supersede the pending restriction and the pending restriction code will be removed from the person's driving record.

(4) DMV will suspend for six months the driving privileges or right to apply for driving privileges of any provisional driver who has three driver improvement offenses.

(5) For each subsequent driver improvement offense, DMV will suspend for six months the driving privileges or right to apply for driving privileges of a provisional driver, regardless of a previous or current Driver Improvement Program suspension(s), who has four or more driver improvement offenses.

(6) DMV will suspend for one year the driving privileges or the right to apply for driving privileges of a provisional driver convicted of any offense listed in ORS 809.600(1). This suspension is for Provisional Driver Improvement Program purposes and is in addition to any suspension or revocation imposed because of the specific conviction.

(7) The suspension period for suspensions imposed under sections (4), (5) and (6) of this rule will be imposed for the full suspension period, regardless of whether the provisional driver becomes 18 years of age during the suspension period. A suspension of driving privileges or the right to apply for driving privileges under this rule shall run concurrently with any other suspension, revocation, or cancellation in effect at the time the suspension begins.

Or. Admin. Code § 735-072-0023

DMV 29-2001(Temp), f. 12-14-01 cert. ef. 1-1-02 thru 6-29-02; DMV 12-2002, f. 6-24-02, cert. ef. 6-30-02; DMV 7-2003(Temp), f. 5-14-03, cert. ef. 5-15-03 thru 11-10-03; DMV 13-2003, f. & cert. ef. 9-22-03; DMV 19-2004, f. & cert. ef. 8-20-04; DMV 3-2013, f. 4-22-13, cert. ef. 5-1-13; DMV 40-2020, amend filed 12/11/2020, effective 1/1/2021

Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 809.480

Statutes/Other Implemented: ORS 802.200 & 809.480