Current through Register Vol. 63, No. 9, September 1, 2024
(1) In
order for DMV to process a non-mandatory report that indicates a person may no
longer be qualified for driving privileges or may no longer be able to safely
operate a motor vehicle, the report must be in writing and contain:
(a) The name of the person making the
report;
(b) Either:
(A) The signature of the person making the
report, including a police officer; or
(B) The police officer's employing law
enforcement agency and Department of Public Safety Standards and Training
(DPSST) number when the person making the report is a police officer;
(c) The name and date of birth of
the person being reported or a description of the person sufficient for DMV to
identify the reported person from its records; and
(d) Sufficient information to give DMV reason
to believe the person may no longer be qualified to hold a driver license,
driver permit, or endorsement or may no longer be able to drive safely. For
purposes of this rule, sufficient information includes but is not limited to:
(A) A physician or health care provider
report of a physical or mental condition or impairment that is not reportable
as required under OAR chapter 735 division 74;
(B) A report of a physical or mental
condition or impairment, and a description of how the person's ability to
safely operate a motor vehicle is affected; or a description of unsafe or
dangerous driving behavior;
(C) A
report by a police officer, physician or health care provider where a physical
or mental condition or impairment is stated as a cause or possible cause of a
crash or unsafe or dangerous driving behavior; or
(D) A report of unsafe or dangerous driving
behavior and DMV has reason to believe the driving behavior is likely to recur
or similar driving behavior has previously been reported to DMV.
(2) All written
documentation voluntarily submitted under this rule, including the name of the
person submitting the documentation, will be kept confidential and not released
to any person unless:
(a) The report was
submitted by a police officer or judge acting within the scope of his or her
official duties;
(b) DMV determines
the documentation, or any portion thereof, must be released pursuant to the
Public Records Law, ORS
192.410 to
192.505, or the Attorney General
or a court orders disclosure in accordance with the Public Records Law;
or
(c) The documentation is
determined by DMV to be necessary evidence in an administrative proceeding
involving the suspension or cancellation of the person's driving privileges or
right to apply for driving privileges.
(3) Before taking action, DMV may request
more information from the person making the report if DMV has reason to believe
the information provided is inaccurate or inadequate.
(4) DMV may accept and process multiple
reports regarding similar behavior, similar concerns or the same event; if the
reports, taken together, include all required elements as described in section
(1) or this rule.
Statutory/Other Authority: ORS
184.619,
802.010,
807.340 &
809.419
Statutes/Other Implemented: ORS
807.340
