Or. Admin. R. 735-074-0180 - When a Suspension or Cancellation of Driving Privilege Occurs

(1) DMV may issue an immediate suspension of driving privileges in the following situations:

(a) As set forth in OAR 735-074-0140, if DMV has reason to believe from the information provided in a mandatory report submitted under 735-074-0120 that the person may endanger people or property if not immediately suspended;

(b) The Medical Determination Officer, upon review of medical information on a driver, recommends an immediate suspension;

(c) Information contained in a required Driver Medical Report form (DMV form 735-6587) submitted as required under OAR 735-074-0140 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

(d) Information contained in a required Certificate of Vision form submitted as required under OAR 735-074-0140 indicates the person's vision does not meet minimum vision standards under OAR 735-062-0050 and DMV has reason to believe the person may endanger people or property if not immediately suspended.

(2) DMV will immediately cancel a person's driving privileges if DMV has reason to believe that the person may endanger people or property if not immediately canceled. If DMV has reason to believe a person is unable to safely operate a motor vehicle and may endanger people or property, DMV may immediately cancel driving privileges pursuant to ORS 807.350 and OAR 735-070-0010, 735-070-0020 and 735-074-0220.

(3) 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 alcohol, cannabis, psilocybin, inhalants or controlled substances;

(c) The person is denied a drive test by DMV or the Medical Determination Officer 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

(d) DMV requires the person to submit a Driver Medical Report (DMV form 735-6587) or Certificate of Vision form (DMV form 735-024) in accordance with OAR 735-074-0140(9) or (10) and the person fails to submit the required form within 60 days.

(4) DMV will cancel commercial driving privileges under ORS 809.310(1) if DMV suspends the base driving privilege of the holder of a commercial driving privilege under these rules.

Notes

Or. Admin. R. 735-074-0180

MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0410; MV 14-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 14-2002, f. 8-14-02 cert. ef. 9-1-02; DMV 24-2002, f. 12-13-02 cert. ef. 1-1-03; DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; Renumbered from 735-074-0020; DMV 1-2005, f. & cert. ef. 1-20-05; DMV 14-2005, f. & cert. ef. 5-19-05; DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 1/1/2021; DMV 37-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 15-2021, amend filed 09/13/2021, effective 9/13/2021

Statutory/Other Authority: ORS 184.619, 802.010, 807.340, 807.350 & 809.419

Statutes/Other Implemented: ORS 807.350, 809.310 & 809.430