Current through Register Vol. 63, No. 9, September 1, 2024
(1) DMV may issue an immediate suspension of
driving privileges in the following situations:
(a) If DMV determines from a non-mandatory
report that the person has a mental or physical condition that makes it unsafe
for the person to operate a motor vehicle upon the highways and DMV has reason
to believe the person may endanger people or property if not immediately
suspended;
(b) If based upon
information included in a police accident report or other law enforcement
report, DMV has reason to believe that a person may endanger people or property
if not immediately suspended due to a mental or physical condition that makes
it unsafe for the person to operate a motor vehicle upon the
highways;
(c) The Medical
Determination Officer, upon review of medical information on a person,
recommends an immediate suspension;
(d) Information contained in a required
Driver Medical Report form (DMV form 735-6587) submitted as required under OAR
735-076-0035 indicates that the
person has a mental or physical condition that makes it unsafe for the person
to operate a motor vehicle and DMV has reason to believe the person may
endanger people or property if not immediately suspended; or
(e) Information contained in a required
Certificate of Vision form indicates the person's vision does not meet minimum
vision standards under OAR
735-062-0050.
(2) DMV will suspend driving
privileges or the right to apply for driving privileges as follows:
(a) Under ORS
809.419(1) if
the person fails to successfully complete the required tests within 90 days of
the date of the notice of suspension, or within the time period granted if an
extension is granted under OAR
735-076-0010(2);
(b) Under ORS
809.419(2), for
failure to obtain a medical clearance, if the Driver Medical Report form (DMV
form 735-6587) required under OAR 35-076-0078 is not completed by the person
and the person's physician, nurse practitioner, or physician associate,
submitted to and received by DMV within 60 days of the date on the notice sent
from DMV, unless DMV has granted an extension under OAR
735-076-0018; and
(c) Under ORS
809.419(3), is
incompetent to drive because of a mental or physical condition or impairment
that makes it unsafe for the person operate a motor vehicle, because the
Medical Determination Officer determines that a person is medically ineligible
for driving privileges under ORS
807.090, and the person has
valid driving privileges.
(3) If the person voluntarily surrenders
driving privileges as set forth in OAR
735-062-0135(4),
DMV will rescind any suspension or cancellation imposed under sections (1), (2)
or (4) of this rule.
(4) DMV will
cancel commercial driving privileges under ORS
809.310(1) if:
(a) DMV requires the holder of commercial
driving privileges to pass tests in accordance with OAR
735-076-0007(2)
and the person fails to pass the required tests;
(b) DMV requires the holder of commercial
driving privileges to provide a Driver Medical Report form (DMV Form 735-6587),
Certificate of Vision (DMV form 735-024) or both in accordance with OAR
735-076-0007(3) and
(4); or
(c) DMV immediately suspends the base driving
privilege of the holder of commercial driving privileges in accordance with OAR
735-076-0007(5).
(5) DMV may cancel driving
privileges pursuant to ORS
807.350 and OAR
735-070-0010,
735-070-0020 and
735-074-0220 if:
(a) The person's vision does not meet the
minimum vision standards set forth in OAR
735-062-0050;
(b) DMV determines the person no longer meets
the qualifications for a driver license, driver permit or endorsement because
of a physical or mental condition or impairment that affects the person's
ability to safely operate a motor vehicle upon the highway or a problem
condition involving an intoxicant, as defined in Oregon Laws 2023, Chapter
498;
(c) The person fails to obtain
a medical clearance by failing to submit a Driver Medical Report form (DMV form
735-6587), as required under OAR
735-076-0035 or within the time
period granted if an extension is granted under OAR
735-076-0035; or
(d) The person fails to obtain a medical
clearance by failing to submit a Certificate of Vision form (DMV form 735-024)
when the person is required to recertify the person's medical eligibility for
driving privileges based on the recommendation of the person's vision
specialist, in accordance with OAR
735-076-0035.
Statutory/Other Authority: ORS
184.619,
802.010,
807.340 &
809.419
Statutes/Other Implemented: ORS
807.340 &
809.419