Current through Register Vol. 63, No. 9, September 1, 2024
(1) An
emergency driver permit authorizes operation of only those vehicles that the
holder of a Class C non-commercial driver license may operate, and does not
include operation of any vehicle that requires commercial driving privileges or
an endorsement.
(2) DMV may issue
an emergency driver permit to a person between 14 and 18 years of age for an
emergency situation only, and not for convenience. An emergency situation
includes, but is not limited to, the need for a person to drive to and from:
(a) Medical appointments and treatment for
the person or a member of the person's immediate family when no other means of
transportation is available;
(b)
Work or on the job when no other transportation is available and the person's
employment is essential to the welfare of the person's family;
(c) Work or on the job when the person's
employment is necessary to help harvest crops that may go unharvested or be
lost if the person is unable to drive; and
(d) Grocery stores when no other means of
transportation is available.
(3) DMV may issue an emergency driver permit
to a person for an emergency situation when a court has issued an order of
denial of the person's driving privileges under ORS
809.260. For purposes of this
subsection, an emergency situation includes, but is not limited to:
(a) Those emergencies situations listed in
Section (2) of this rule; and
(b)
The need to drive to and from school when no other means of transportation is
available.
(4) Except as
provided in section (5) of this rule, an applicant for an emergency driver
permit must:
(a) Submit a completed
Student/Emergency Permit Application, Form 735-0009 or Court Denial Emergency
Driver Permit Application, Form 735-0009a;
(b) Provide proof satisfactory to DMV
detailing the need for an emergency driver permit signed by the applicant, and
the applicant's parent or legal guardian, if the applicant is under 18 years of
age and is not an emancipated minor, including, but not limited to:
(A) The circumstances of the
emergency;
(B) The expected end
date of the emergency;
(C) A
complete description of the days, times and routes to be traveled;
(D) The name and address of the medical
facilities, routes, days and times the applicant is required to drive to
appointments or treatment on a regular basis, if the applicant needs to drive
to medical appointments or to receive medical treatment on a regular basis for
himself or herself or a member of the applicant's immediate family. The
applicant also must submit a signed statement from a licensed physician,
licensed physician associate or licensed nurse practitioner treating the
applicant or the applicant's immediate family member, advising of the need for
medical appointments or treatment on a regular basis. The statement must
include how often appointments or treatments are required and the hours of the
day and days of the week appointments or treatments are available. Actual
appointment and treatment times are subject to verification by DMV and law
enforcement;
(E) A signed letter
from the applicant's employer on company letterhead stating the days and hours
the applicant works if the applicant is applying to drive for employment
purposes; and
(F) The signature of
a school administrator on the application certifying that there is no other
school or public transportation available and that the applicant attends school
on the days and hours stated on the application, if the applicant is applying
to travel to and from school;
(c) Pay all applicable fees;
(d) Pay the reinstatement fee as established
under ORS 807.370 if the applicant's
driving privileges are suspended by court denial;
(e) Fulfill all applicable requirements of
ORS Chapter 807 and OAR 735, division 062, for issuance of a Class C
non-commercial driver license;
(f)
Have an instruction driver permit, if the applicant is over 15 years of age, or
if under 15 years of age, obtain an instruction driver permit within 60 days
after the applicant's 15th birthday. This subsection does not apply to an
applicant who is only eligible for an emergency permit because the student's
driving privileges are suspended by a court ordered denial of driving
privileges under ORS 809.260; and
(g) Obtain approval from the sheriff of the
county in which the applicant resides.
(5) To be eligible for an emergency driver
permit, an applicant does not need to:
(a)
Possess an instruction driver permit for at least six months prior to applying
for an emergency driver permit;
(b)
Have at least 50 hours of driving experience with a licensed driver over the
age of 21; or
(c) Complete a
traffic safety education course.
(6) In addition to any other driving
restrictions that may be imposed by DMV, the holder of an emergency driver
permit, who is under 18 years of age, may not drive a motor vehicle carrying
any passenger under 20 years of age who is not a member of the permit holder's
immediate family.
(7) Except as
provided in section (9) of this rule, an emergency driver permit issued prior
to the applicant's 16th birthday will expire on the following date, whichever
occurs first:
(a) At the end of the emergency;
or
(b) Six months and 60 days after
the emergency driver permit holder's 16th birthday.
(8) Except as provided in section (9) of this
rule, an emergency driver permit issued on or after the applicant's 16th
birthday and prior to the applicant's 18th birthday will expire on the
following date, whichever occurs first:
(a) At
the end of the emergency; or
(b)
Six months and 60 days after issuance of the emergency driver permit.
(9) Section (7) and (8) of this
rule are not applicable to an emergency driver permit issued because a court
ordered denial of driving privileges, under ORS
809.260, which expires on the
following date, whichever comes first:
(a) At
the end of the emergency; or
(b) At
the end of the suspension period.
(10) After the end of the suspension period
for a court order denial of driving privileges under ORS
809.260, a person issued an
emergency driver permit may be eligible to apply for a driver license or driver
permit, including an emergency permit or special student driver
permit.
Statutory/Other Authority: ORS
184.619,
802.010,
807.120 &
807.220
Statutes/Other Implemented: ORS
807.031,
807.170,
807.200 &
807.220
