Or. Admin. R. 735-074-0140 - DMV Response to Mandatory Report - Suspension, Opportunity to Re-Test, Reinstatement
(1)
DMV will review a report received under OAR 735-074-0120 to determine if
sufficient information has been provided. If the report does not contain the
information required by OAR 735-074-0120 DMV may contact or return the form to
the reporting physician or health care provider for completion. If the report
does not meet the requirements of a mandatory report, but if the report is of a
possible mental or physical condition or impairment that indicates the person
is no longer qualified to hold a driver license, driver permit or endorsement
or may no longer be able to drive safely, DMV will review the report under the
non-mandatory program described in OAR chapter 735, division 76 to determine
what action, if any, is appropriate.
(2) Using the standards set forth in OAR
735-074-0130, or when otherwise recommended by the Medical Determination
Officer, DMV will suspend driving privileges or the right to apply for driving
privileges under ORS
809.419(3),
if it is determined from the report submitted under OAR 735-074-0120 that the
person has a mental or physical condition or impairment that affects the
person's ability to safely operate a motor vehicle upon the highways. Driving
privileges or the right to apply for driving privileges will be immediately
suspended if DMV has reason to believe the person may endanger people or
property if not immediately suspended.
(3) If DMV receives a report that indicates
that a person's vision does not meet the vision standards set forth in OAR
735-062-0050, DMV will immediately suspend the person's driving privileges or
right to apply for driving privileges under ORS
809.419(3).
To be eligible for reinstatement of driving privileges the person must: submit
proof from a licensed optometrist or physician who specializes in the diagnosis
and treatment of eye diseases that the person's vision, with or without
corrective lenses, meets the vision standards set forth in OAR
735-062-0050.
(4) A person whose
driving privileges and right to apply for driving privileges are suspended
because of a functional impairment may request to be tested by DMV to
demonstrate that notwithstanding the impairment, the person is qualified to
safely operate a motor vehicle. If the request is granted, DMV will administer
a vision screening under OAR 735-062-0050, a knowledge test under 735-062-0040
and a DMV drive test under 735-062-0070. DMV will deny the request if it has
reason to believe the person is unable to safely operate a motor vehicle during
a drive test. If the request is denied, DMV may give the person tests if the
person:
(a) Receives a determination of
eligibility from the Medical Determination Officer;
(b) Submits proof of successful completion of
a driver rehabilitation program conducted by a rehabilitation
specialist;
(c) Submits proof of
successful completion of a driver training course conducted by an ODOT
certified commercial driver training school; or
(d) Submits proof that the person's motor
vehicle is equipped with an appropriate adaptive device(s), such as hand
controls, and provides documentation that the person knows how to use and has
practiced with the adaptive devices(s).
(5) A person whose driving privileges and
right to apply for driving privileges are suspended because of a cognitive
impairment or a cognitive impairment in conjunction with a functional
impairment reported under OAR 735-074-0110 may request to be tested by DMV to
demonstrate that notwithstanding the disorder or the impairment, the person is
qualified to safely operate a motor vehicle. Before DMV will grant the request
to be tested, the Medical Determination Officer must determine that the person
is medically eligible to take tests. If eligible for testing, the person must
pass a vision screening under OAR 735-062-0050, a knowledge test under
735-062-0040 and a DMV drive test under 735-062-0070.
(6) The following apply to a request for
testing under sections (4) and (5) of this rule:
(a) The request must be made by contacting
DMV headquarters; and
(b) For a
cognitive impairment or a cognitive impairment in conjunction with a functional
impairment, testing must be completed within six months from the date the
Medical Determination Officer determines the person is medically eligible to
take tests.
(7) DMV will
notify the reporting physician or health care provider if the person's driving
privileges are reinstated.
(8) If
the person voluntarily surrenders driving privileges as set forth in OAR
735-062-0135(4), DMV will rescind any suspension imposed under sections (2),
(3) or (4) of this rule. The person may be eligible for a no-fee identification
card.
(9) If DMV reinstates or
reissues a person's driving privileges, DMV may require the person to provide
periodic medical information based on the recommendation of the Medical
Determination Officer or obtain periodic vision examinations based on the
recommendation of the person's vision specialist. The Medical Determination
Officer will include in their decision a determination if medical
re-certification is needed on cognitive impairments at the time a determination
on testing is made. If periodic medical information is required, DMV will send
the person a Driver Medical Report form (DMV form 735-6587) and notify the
person that they will be required to return the completed form to DMV within 60
days or the person's driving privileges will be cancelled. The form must be
completed by the person and their licensed physician, nurse practitioner or
physician assistant and returned to DMV within 60 days of the date on the
notice.
(10) If a periodic vision
exam must be obtained, DMV will send the person a Certificate of Vision form
(DMV form 735-24) and notify the person they must submit the completed form
within 60 days or the person's driving privileges will be cancelled. The form
must be completed by the person's licensed vision specialist and returned to
DMV within 60 days of the date on the notice.
(11) A person may be required to successfully
complete DMV testing or may have driving privileges suspended based on
information contained in the Driver Medical Report form (DMV form 735-6587) or
periodic Certificate of Vision form (DMV form 735-24) submitted under section
(9) and (10) of this rule.
Notes
Forms referenced are available from the agency.
Statutory/Other Authority: ORS 184.619, 802.010, 807.340, 807.710 & 809.419
Statutes/Other Implemented: ORS 807.340 & 807.710
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