Or. Admin. R. 735-062-0007 - Driver Permits or Driver Licenses
(1) Before DMV will
issue a driver permit or driver license, the applicant for the driver permit or
driver license must:
(a) Satisfy all
requirements set forth in ORS
807.040 and
807.060(2)(a)
if under the age of 18. For purposes of ORS
807.060 and this subsection:
(A) "Mother" means the biological or adoptive
mother of the applicant, whose parental rights have not been
terminated;
(B) "Father" means the
biological or adoptive father of the applicant, whose parental rights have not
been terminated; and
(C) "Legal
guardian" means an individual, or the authorized representative of an entity,
private or public institution or agency appointed as guardian of the applicant
by a court having jurisdiction.
(b) Satisfy all requirements set forth in ORS
807.065 and
807.066 to receive a driver
license (provisional) if under 18 years of age;
(c) Provide a verifiable SSN or a statement
that the applicant has not been assigned a SSN as provided in OAR
735-062-0005;(d) Submit to the collection of biometric data for the purpose of
establishing identity as provided in ORS
807.024 and OAR
735-062-0016;
(d) Provide proof of
the applicant's identity and date of birth as provided in OAR
735-062-0020;
(e) Provide proof of
the applicant's residence address as provided in OAR 735-062-0030;
(f) Provide proof, as provided in OAR
735-016-0070, that the applicant is domiciled in or a resident of
Oregon;
(g) Surrender all driver
permits, driver licenses and identification cards in the applicant's possession
issued outside of Oregon;
(h)
Certify that the applicant does not have a vision condition or impairment that
impacts the applicant's ability to drive safely, which has not been corrected
by the use of glasses or contact lenses;
(i) Certify that the applicant does not have
a mental or physical condition or impairment that affects the applicant's
ability to drive safely; and
(j)
Certify that the applicant does not have a problem condition with an
intoxicant, as defined in Oregon Laws 2023, Chapter 498 that affects the
applicant's ability to drive safely.
(2) Once an applicant has applied for a
driver license or driver permit, DMV will make an inquiry to NDR/PDPS, SPEXS
and S2S to determine if the applicant's driving privileges are suspended,
revoked, canceled or otherwise not valid in any other jurisdiction.
(3) DMV may require the applicant to provide
a clearance letter in compliance with OAR 735-062-0160, indicating the
applicant has valid driving privileges from any jurisdiction in which an
inquiry to NDR /PDPS, SPEXS and S2S indicates the applicant's driving privilege
is not fully valid.
(4) DMV will
not issue driving privileges to an applicant until the applicant's driving
privileges are reinstated in all jurisdictions, unless the only remaining
reinstatement requirement in the other jurisdiction is proof of financial
responsibility. Nothing in this section prohibits DMV from issuing a regular
Class C driver license to an applicant whose commercial driving privileges are
not valid as long as the applicant's regular Class C or equivalent driving
privileges are valid.
(5) DMV will
not issue a driver license or driver permit to an applicant with a current,
valid Oregon identification card (ID card). To become eligible, the applicant
must surrender the ID card before DMV may issue the Oregon driver license or
driver permit. If the person's ID card is lost or destroyed, the person must
make a statement that the card is lost or destroyed and that it will be
returned to DMV if found.
(6) DMV
will notify all jurisdictions in the United States identified as previously
issuing a driver license, driver permit or identification card to the applicant
when DMV issues an Oregon driver license or driver permit to the
applicant.
(7) A driver license
issued to an applicant with a February 29 birthdate expires:
(a) On February 29 if the expiration year is
a leap year; or
(b) On February 28
if the expiration year is not a leap year.
(8) After determining that an applicant has
met all requirements under this rule, DMV will issue the driver license or
driver permit and mail it to the address provided by the applicant at the time
of the application.
(9) An Oregon
non-commercial driver license or driver permit becomes invalid when the holder
of the Oregon driver license or driver permit is issued a driver license,
driver permit or identification card in another jurisdiction.
Notes
Statutory/Other Authority: ORS 184.619, 802.010, 807.021, 807.040, 807.050, 807.060, 807.120 & 809.310
Statutes/Other Implemented: ORS 802.540, 807.021, 807.040, 807.060, 807.066, 807.130, 807.455 & 809.310
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