Oregon Administrative Rules
Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION
Division 64 - SPECIAL DRIVER PERMITS
Section 735-064-0100 - Hardship or Probationary Permit Restrictions
Universal Citation: OR Admin Rules 735-064-0100
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A person issued a hardship or probationary permit must not do any of the following:
(a) The person must not drive outside the
hardship or probationary permit driving restrictions;
(b) The person must not be convicted of or
forfeit bail for more than one traffic offense listed in ORS
809.600(2)(b)
(including city traffic offenses and similar offenses under federal or state
law) within any 12-month period. See OAR
735-064-0220 for a list of
offenses and statutory references;
(c) The person must not be convicted of or
forfeit bail for an offense as specified in ORS
809.600(1)(a) through
(g). These offenses are: murder,
manslaughter, criminally negligent homicide, assault, recklessly endangering
another person, menacing, or criminal mischief resulting from the operation of
a motor vehicle; reckless driving, driving while under the influence of
intoxicants, failure to perform the duties of a driver involved in an accident
or collision, criminal driving while suspended or revoked, fleeing or
attempting to elude a police officer, aggravated vehicular homicide or
aggravated driving while suspended or revoked;
(d) The person must not use intoxicants and
drive;
(e) The person must not
refuse to submit to a chemical breath test, blood test or urine test;
(f) The person must not be convicted of or
forfeit bail for an offense under ORS
811.170 or
811.481; or
(g) The person must not falsify any
information appearing on the Hardship/Probationary Application.
(2) The person required to have an IID must not violate the following conditions:
(a) Drive any vehicle which does not have an
IID installed unless the person is exempted by statute and administrative rule
or the use of the specific vehicle is excepted by statute and administrative
rule;
(b) Drive a vehicle owned or
leased by the person's employer without an IID unless the person is carrying a
copy of an employer's exception letter, Employer IID Exception form or medical
exemption letter in his or her possession;
(c) Tamper with the IID; or
(d) Solicit another person to blow into the
IID.
(3) Evidence that a restriction or condition has been violated includes, but is not limited to the following:
(a) Police reports;
(b) Accident reports;
(c) Written reports from family members or
the general public;
(d) A written
report which indicates the person has driven outside the hardship or
probationary permit restrictions;
(e) A written report which indicates the
person has been driving after using intoxicants;
(f) A written report from a police officer
that indicates the person has refused the chemical breath test, blood test or
urine test following an arrest for driving under the influence of
intoxicants;
(g) A report from a
police officer;
(h) A court
conviction; and
(i) A written
report from an IID provider that the person has tampered with the IID installed
in his or her vehicle.
Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 807.270 & 813.510
Statutes/Other Implemented: ORS 807.240, 807.270, 813.100, 813.510, 813.602, 813.606, 813.610 & 813.614
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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