Current through Register Vol. 63, No. 9, September 1, 2024
(1) An Oregon resident whose driving
privileges are suspended, or revoked under ORS
809.600 as a habitual offender,
may apply for a hardship permit. DMV may not issue a hardship permit when:
(a) DMV is prohibited by law from issuing a
hardship permit.
(b) The suspension
of the person's driving privileges is ordered under ORS
809.419 whereby the person is
unable to demonstrate that the person is not incompetent to drive because of a
mental or physical condition or impairment that affects the person's ability to
safely operate a motor vehicle.
(c)
The suspension is an immediate suspension of the person's driving privileges
ordered under ORS 809.417(3)(c)
for causing or contributing to an accident resulting in death while operating a
motor vehicle. When DMV has reason to believe that the person may endanger
people or property if the person's driving privileges are not immediately
suspended, a condition of the immediate suspension is that the person may not
be issued a hardship permit.
(2) Documents required to obtain a hardship
permit depend on the reason(s) for the suspension or revocation and the type of
driver license for which the applicant has applied. An applicant must comply
with any sections of this rule that apply to the applicant's suspension,
revocation or combination of suspension(s) and revocation(s). All applicants
must:
(a) Complete a Hardship Application,
(DMV Form 735-6044). The form is available as an online application at
DMV2U.oregon.gov, as a print-only application from,
www.oregondmv.com or at any DMV
office.
(b) Pay the hardship permit
fee and the reinstatement fee.
(3) An applicant, whose driving privileges
are suspended under ORS
809.310(3) or
809.411(8) for
committing a fraudulent or unlawful act in applying for or in the use of a
driver license, driver permit or identification card, must:
(a) Provide proof of a verifiable Social
Security number or a written statement that the person has not been assigned a
SSN;
(b) Provide proof of lawful
status if the applicant is applying for a Real ID driver license;
(c) Submit to the collection of biometric
data and establish identity as provided in ORS
807.024; and
(d) Provide proof of identity and date of
birth.
(4) An applicant
for a hardship permit must submit a SR22 insurance certificate or other proof
of financial responsibility as described in ORS
806.240. The SR22 insurance
certificate for an applicant whose driving privileges are suspended for a DUII
conviction must show at least the minimum coverage amounts specified in ORS
806.075.
(5) An applicant must provide information to
DMV that justifies the specific request for driving privileges as follows:
(a)
To and from work: Name of
employer, work address and work hours. If self-employed, the applicant must
provide evidence such as a business license, business tax statement, newspaper
advertisement or business receipts that DMV may review to verify that the
applicant is self-employed.
(b)
During the course and scope of the person's employment: A letter
from the applicant's employer that states that the applicant's job duties
include driving and provides information regarding what times and in which
counties the applicant must drive to perform those duties. If self-employed,
the applicant must provide the times and counties in which the applicant must
drive.
(c)
Seeking
employment: The days of the week and times of day and in which counties
the applicant will seek employment. DMV will only grant driving privileges
within normal business hours (8 a.m. to 5 p.m. Monday through Friday) and
within the state of Oregon for an applicant to seek employment while on a
hardship permit.
(d)
For a
treatment or rehabilitation program: The name and address of the
alcohol, drug or gambling addiction program, along with the days and times the
applicant is required to drive to and from the program. Applicants are limited
to five treatment or rehabilitation programs for the purposes of the hardship
permit, unless the applicant demonstrates the need for additional treatment or
rehabilitation programs.
(e)
For regular medical treatment: The name and address of the medical
treatment facility and the hours and days of the week treatment is provided.
DMV will only grant driving privileges within normal business hours (8 a.m. to
5 p.m. Monday through Sunday) and within the state of Oregon for an applicant
needing regular medical treatment while on a hardship permit, unless the person
demonstrates the need for treatment outside of those restrictions.
(f)
For necessary services: The
name and address of the person to whom or facility to which the applicant is
driving for the necessary services and the day(s) and time(s) for which the
privilege is needed. In addition to these requirements, DMV will grant driving
privileges for:
(A) Grocery shopping one day a
week (Monday through Sunday), from 8 a.m. to 12 noon, 1:00 p.m. to 5 p.m. or 5
p.m. to 9 p.m.
(B) Non-regular
medical appointments two days a week (Monday through Sunday), 8 a.m. to 12 noon
or 1:00 p.m. to 5 p.m., unless the applicant demonstrates the need for
attending medical appointments outside these timeframes.
(6) An applicant must submit any
other information DMV may require for purposes of determining whether the
person qualifies under any section of this rule.
(7) DMV will deny an application for a
hardship permit when DMV has reviewed the application and the applicant does
not meet the qualifications for the permit or one or more of the requirements
for the permit is missing. If within 60 days of the letter of denial from DMV,
the applicant provides all necessary documents to meet any missing requirement
or qualification for a hardship permit, DMV will apply the original application
fee when issuing the permit.
Statutory/Other Authority: ORS
184.619,
802.010 &
807.240
Statutes/Other Implemented: ORS
807.240 &
807.370
