Oregon Administrative Rules
Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION
Division 74 - AT-RISK DRIVER PROGRAM - MANDATORY REPORT FOR MEDICAL PROFESSIONALS
Section 735-074-0130 - Standards for Identifying How Impairments Affect Driving
Universal Citation: OR Admin Rules 735-074-0130
Current through Register Vol. 63, No. 9, September 1, 2024
DMV determines that severe functional or cognitive impairments that are not correctable or controllable by medication, therapy, surgery or adaptive devices adversely affect a person's ability to safely operate a motor vehicle in the following manner:
(1) Sensory impairments: Peripheral sensation of extremities causing tingling or numbness in extremities results in:
(a) The inability to firmly grasp,
manipulate, operate and release primary and secondary driving controls
resulting in momentary loss of control of the vehicle, in improper or delayed
signal to other drivers that the vehicle is turning, changing lanes or
stopping, or difficulty stopping the vehicle;
(b) Difficulty gripping the steering wheel
resulting in loss of ability to control the vehicle's lane position and turning
motion;
(c) Difficulty using foot
controls effectively resulting in improper or delayed signal to other drivers
that the vehicle is slowing or stopping, or difficulty stopping the
vehicle.
(2) Motor impairments:
(a)
Strength:
(A) The inability to
consistently maintain a firm grip on objects results in:
(i) Difficulty firmly gripping and turning a
steering wheel resulting in loss of ability to safely control the vehicle's
lane position and turning motion; and
(ii) A diminished capacity to operate primary
and secondary driving controls resulting in reduced control over the vehicle
and in improper or delayed signal to other drivers that the vehicle is turning,
changing lanes or stopping, or inability to adjust highbeam headlights when
necessary.
(B) The
inability to apply consistent pressure to objects with legs or feet results in
the inability to apply consistent pressure to the brake and gas pedals,
resulting in difficulty or inability to maintain consistent speed or stop the
vehicle.
(C) Weakness or paralysis
of muscles affecting the ability to maintain sitting balance results in the
danger of falling to one side during turns or other sudden motions resulting in
the loss of vehicular control.
(D)
Weakness or paralysis in extremities affecting the ability to feel, reach,
grasp, manipulate or release objects or use foot controls effectively results
in the inability to reach, grasp and operate primary and secondary driving
controls resulting in difficulty controlling, turning or stopping a vehicle;
failure to, or delay in, use of appropriate signals for turning, changing lanes
or stopping; or difficulty maintaining lane position, turning and a consistent
speed.
(b)
Flexibility: Rigidity and/or limited range of mobility in neck,
torso, arms, legs or joints results in:
(A)
The inability to reach, grasp and operate primary and secondary driving
controls resulting in difficulty controlling, turning or stopping a vehicle;
failure to, or delay in, use of appropriate signals for turning, changing lanes
or stopping; or difficulty maintaining lane position, turning and a consistent
speed; and
(B) Difficulty turning
the head to check the blind spot prior to a lane change, and to observe
vehicles or pedestrians entering the roadway or when merging with
traffic.
(c)
Motor
planning and coordination:
(A)
Difficulty and slowness in initiating movement results in:
(i) The inability to simultaneously operate
primary and secondary controls resulting in difficulty controlling, turning or
stopping a vehicle; failure to, or delay in, use of appropriate signals for
turning, changing lanes or stopping; or difficulty maintaining lane position or
consistent speed, and difficulty performing turning maneuvers;
(ii) Delay in responding to the position of
other vehicles that are changing lanes, are in the oncoming lane of traffic or
are entering the roadway; and
(iii)
Delay in responding to changing traffic control devices or changing traffic
conditions.
(B) Vertigo,
dizziness, loss of balance or other motor planning conditions results in:
(i) Difficulty maintaining lane position and
control of the vehicle; and
(ii)
Improper braking and/or accelerating behavior in response to changing traffic
conditions.
(C)
Involuntary muscle movements results in:
(i)
The inability to coordinate the fine motor movements needed to operate primary
and secondary driving controls resulting in difficulty controlling, turning or
stopping a vehicle; failure to, or delay in, use of appropriate signals for
turning, changing lanes or stopping; or difficulty maintaining lane position or
consistent speed, and difficulty performing turning maneuvers; and
(ii) The inadvertent activation of the brake
or gas pedal resulting in inconsistent speed or improper braking of the
vehicle.
(D) Loss of
muscle control results in:
(i) Loss of
ability to use arms and/or legs in operating primary and secondary driving
controls resulting in difficulty controlling, turning or stopping a vehicle;
delayed use or failure to use appropriate signals for turning, changing lanes
or stopping; or difficulty maintaining lane position or consistent speed, and
difficulty performing turning maneuvers; and
(ii) The inability to maintain safe control
of a vehicle for prolonged distances.
(3) Cognitive impairments:
(a)
Attention:
(A) Decreased awareness results in:
(i) Distraction or disorientation while
driving;
(ii) Difficulty
maintaining control of a vehicle for prolonged distances;
(iii) Delay in timely response to traffic
control devices or directives;
(iv)
Delay in timely response to changes in traffic conditions, traffic hazards and
emergencies; and
(v) Delay in
observing and responding to the position of other vehicles that are changing
lanes, are in the oncoming lane of traffic or entering the roadway.
(B) A reduction in the
ability to efficiently switch attention between multiple objects results in:
(i) Delay in observing and reacting to road
hazards, vehicles changing lanes or vehicles entering the roadway;
and
(ii) The inability to
simultaneously manipulate vehicle controls and watch the
roadway.
(C) Reduced
processing speed results in:
(i) Delay in
timely response to changes in traffic conditions, and traffic hazards and
emergencies;
(ii) Delay in
observing and reacting to road hazards, vehicles changing lanes or vehicles
entering the roadway; and
(iii)
Delay in timely response to traffic control devices or
directives.
(b)
Judgment and problem solving:
(A) Reduced processing speed results in:
(i) Delay in timely response to changes in
traffic conditions, and traffic hazards and emergencies;
(ii) Delay in observing and reacting to road
hazards, vehicles changing lanes or vehicles entering the roadway;
and
(iii) Delay in timely response
to traffic control devices or directives.
(B) An inability to understand the cause and
effect relationship results in:
(i) The
inability to anticipate the probable outcome in various driving situations
resulting in delayed or no response to changes in traffic conditions, traffic
hazard and emergencies, vehicles changing lanes, or vehicles, pedestrians or
bicycles enter the roadway; and
(ii) Improper or delayed signal to other
drivers that the vehicle is turning, changing lanes or
stopping.
(C) A deficit
in decision-making ability results in:
(i)
Delay in timely response to traffic control devices or directives;
and
(ii) Delay in timely response
to changes in traffic conditions, and traffic hazards and
emergencies.
(c)
Delayed reaction time results
in:
(A) Delay in observing and
reacting to road hazard, vehicles changing lanes or vehicles, pedestrians or
bicycles entering the roadway; and
(B) Delay in timely response to changes in
traffic conditions, and traffic hazards and emergencies.
(d)
Planning and sequencing:
(A) A deficit in the ability to anticipate
and/or react to changes in the environment results in:
(i) Delay in observing and reacting to road
hazard, vehicles changing lanes or vehicles, pedestrians or bicycles entering
the roadway; and
(ii) Delay in
timely response to changes in traffic conditions, and traffic hazards and
emergencies.
(B) Problems
with sequencing activities results in:
(i)
Difficulty planning and safely maneuvering a driving route;
(ii) Frequently becoming lost, confused and
unable to find the way from one location to another while driving resulting in
panic and sudden, irrational changes in direction or loss of control of the
vehicle.
(e)
Impulsivity:
(A) Lack of
emotional control results in inappropriate emotional outbursts that can cause
road rage and results in aggressive driving behaviors such as speeding,
following too closely, not checking the intersection before entering when a
light changes to green and cutting in and out of traffic.
(B) Lack of decision making skills results
in:
(i) Delay in timely response to traffic
control devices or directives;
(ii)
Difficulty planning driving routes resulting in rapid lane changes, or
unsignaled or dangerous turns; and
(iii) Delay in observing and reacting to road
hazard, vehicles changing lanes or vehicles, pedestrians or bicycles entering
the roadway.
(f)
Visuospatial: Problems
determining spatial relationships result in:
(A) Difficulty maintaining lane position,
merging with traffic or changing lanes;
(B) Difficulty observing and delay in
responding to the position of other vehicles driving on the roadway, the
position of roadway curbs, and the position of parked vehicles alongside the
roadway; and
(C) Difficulty
positioning a vehicle while turning, maneuvering curves or parking.
(g)
Memory:
(A) Problems with confusion and/or memory
loss result in:
(i) Frequently becoming lost,
confused and unable to find the way from one location to another while driving
resulting in panic and sudden, irrational changes in direction or loss of
control of the vehicle;
(ii)
Failure or delay in observing and responding to traffic control devices and
directives;
(iii) The inability to
consistently perform safe driving techniques;
(iv) A lack of attention to other
traffic;
(v) Abrupt lane changes
without looking for other traffic;
(vi) Turning in front of an oncoming vehicle;
and
(vii) Drifting in and out of
traffic lane.
(B) A
decreased working memory capacity results in:
(i) Frustration and confusion causing abrupt,
unplanned or unsignaled turning, lane changes or stopping;
(ii) The necessity for instruction from a
passenger on proper driving techniques; and
(iii) Lack of attention to other
traffic.
(h)
Loss of consciousness or control while driving results in loss of
vehicle control.
Stat. Auth.: ORS 184.616, 184.619 & 807.710
Stat. Implemented: ORS 807.710
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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