Or. Admin. R. 735-064-0230 - Emergency Driver Permit
(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 assistant 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; and
(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.
(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.
Notes
Statutory/Other Authority: ORS 184.619, 802.010, 807.120 & 807.220
Statutes/Other Implemented: ORS 807.031, 807.170, 807.200 & 807.220
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