Or. Admin. Code § 735-076-0020
Current through Register Vol. 63, No. 10, October 1, 2024
Section 735-076-0020 - Suspension or Cancellation of Driving Privileges(1) DMV may issue an immediate suspension of driving privileges in the following situations: (a) If DMV determines from a non-mandatory report that the person has a mental or physical condition that makes it unsafe for the person to operate a motor vehicle upon the highways and DMV has reason to believe the person may endanger people or property if not immediately suspended;(b) If based upon information included in a police accident report or other law enforcement report, DMV has reason to believe that a person may endanger people or property if not immediately suspended due to a mental or physical condition that makes it unsafe for the person to operate a motor vehicle upon the highways;(c) The Medical Determination Officer, upon review of medical information on a person, recommends an immediate suspension;(d) Information contained in a required Driver Medical Report form (DMV form 735-6587) submitted as required under OAR 735-076-0035 indicates that the person has a mental or physical condition that makes it unsafe for the person to operate a motor vehicle and DMV has reason to believe the person may endanger people or property if not immediately suspended; or(e) Information contained in a required Certificate of Vision form indicates the person's vision does not meet minimum vision standards under OAR 735-062-0050.(2) DMV will suspend driving privileges or the right to apply for driving privileges as follows: (a) Under ORS 809.419(1) if the person fails to successfully complete the required tests within 90 days of the date of the notice of suspension, or within the time period granted if an extension is granted under OAR 735-076-0010(2);(b) Under ORS 809.419(2), for failure to obtain a medical clearance, if the Driver Medical Report form (DMV form 735-6587) required under OAR 35-076-0078 is not completed by the person and the person's physician, nurse practitioner, or physician associate, submitted to and received by DMV within 60 days of the date on the notice sent from DMV, unless DMV has granted an extension under OAR 735-076-0018; and(c) Under ORS 809.419(3), is incompetent to drive because of a mental or physical condition or impairment that makes it unsafe for the person operate a motor vehicle, because the Medical Determination Officer determines that a person is medically ineligible for driving privileges under ORS 807.090, and the person has valid driving privileges.(3) If the person voluntarily surrenders driving privileges as set forth in OAR 735-062-0135(4), DMV will rescind any suspension or cancellation imposed under sections (1), (2) or (4) of this rule.(4) DMV will cancel commercial driving privileges under ORS 809.310(1) if:(a) DMV requires the holder of commercial driving privileges to pass tests in accordance with OAR 735-076-0007(2) and the person fails to pass the required tests;(b) DMV requires the holder of commercial driving privileges to provide a Driver Medical Report form (DMV Form 735-6587), Certificate of Vision (DMV form 735-024) or both in accordance with OAR 735-076-0007(3) and (4); or(c) DMV immediately suspends the base driving privilege of the holder of commercial driving privileges in accordance with OAR 735-076-0007(5).(5) DMV may cancel driving privileges pursuant to ORS 807.350 and OAR 735-070-0010, 735-070-0020 and 735-074-0220 if:(a) The person's vision does not meet the minimum vision standards set forth in OAR 735-062-0050;(b) DMV determines the person no longer meets the qualifications for a driver license, driver permit or endorsement because of a physical or mental condition or impairment that affects the person's ability to safely operate a motor vehicle upon the highway or a problem condition involving an intoxicant, as defined in Oregon Laws 2023, Chapter 498;(c) The person fails to obtain a medical clearance by failing to submit a Driver Medical Report form (DMV form 735-6587), as required under OAR 735-076-0035 or within the time period granted if an extension is granted under OAR 735-076-0035; or(d) The person fails to obtain a medical clearance by failing to submit a Certificate of Vision form (DMV form 735-024) when the person is required to recertify the person's medical eligibility for driving privileges based on the recommendation of the person's vision specialist, in accordance with OAR 735-076-0035.Or. Admin. Code § 735-076-0020
MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0460; MV 17-1992, f. 12-16-92, cert. ef. 1-1-93; DMV 16-2001, f. & cert. ef. 9-21-01; DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 17-2011, f. 12-22-11, cert. ef. 1-1-12; DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 1/1/2021; DMV 37-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 15-2021, amend filed 09/13/2021, effective 9/13/2021; DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023; DMV 19-2024, minor correction filed 06/10/2024, effective 6/10/2024Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.340 & 809.419