Or. Admin. R. 735-074-0212 - Restricted Applicant Temporary Permit
(1) When a person does not have Oregon
driving privileges and his or her right to apply for driving privileges is
suspended under OAR division 74, DMV may issue a 60-day restricted applicant
temporary permit that allows the person to take driving lessons. An applicant
for a permit under this section must meet all eligibility requirements listed
in section (5) of this rule. The suspension will be rescinded for the 60-day
period the restricted applicant temporary permit is valid. If, at the end of
the 60-day restricted permit period, the person has not successfully completed
a driving test given by a DMV employee, or is not otherwise eligible for
driving privileges, DMV will re-impose the suspension of the person's right to
apply for driving privileges. When a suspension is re-imposed under this
section, DMV is not required to provide the person with further notice or an
opportunity for a contested case hearing.
(2) If a person's driving privileges are
cancelled and the driver is denied further testing under OAR 735-062-0073, the
person may apply for a 60-day restricted applicant temporary permit for the
express purpose of taking driving lessons if DMV determines that with driving
lessons the person may learn to safely operate a motor vehicle. An applicant
for a permit under this section must, in addition to meeting all eligibility
requirements listed in section (5) of this rule, provide sufficient information
to show that there is a reasonable likelihood that driving lessons will improve
the person's ability to safely operate a motor vehicle. Such information may
include, but is not limited to:
(a) Medical
information;
(b) Information from a
rehabilitation specialist that the person may benefit from lessons to learn to
use an adaptive device or technique; or
(c) An affidavit from a person(s) with
information to show that with driving lessons the applicant is likely to learn
to safely operate a motor vehicle.
(3) Driving lessons must be provided by a
certified commercial driving instructor, rehabilitation specialist or other
licensed driver approved by DMV as an instructor.
(4) A restricted applicant temporary permit
only allows the person to drive with an instructor during driving lessons and
at no other time.
(5) To be
eligible for a restricted applicant temporary permit under section (1) and (2)
of this rule, the person must:
(a) If required
by DMV, receive a determination of medical eligibility from the Medical
Determination Officer;
(b) Apply
for driving privileges, and specifically request a restricted license or permit
for the purpose of taking driving lessons prior to taking a drive
test;
(c) Pass a DMV vision
screening or submit a Certificate of Vision showing that the person's vision
meets DMV standards; and
(d) Pass a
DMV knowledge test.
(6)
A restricted permit issued under section (1) of this rule will include a
notification that at the end of the 60-day period the suspension will be
re-imposed without further notice and without the opportunity for a contested
case hearing if the person has not successfully passed a driving test given by
a DMV employee or is not otherwise eligible for driving privileges.
(7) A restricted permit issued under section
(2) of this rule will include a notification that at the end of the 60-day
period the permit expires and the person no longer has driving privileges until
he or she has successfully passed a DMV driving test and is eligible for
driving privileges.
Notes
Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.120, 807.310, 807.340
Stats. Implemented: ORS 807.120, 807.310, 807.340
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