Or. Admin. Code § 125-155-0800 - Variance

(1) DAS Administration may approve an agency's written request for a variance from any of these rules.

(2) The agency, not the affected driver or passenger, must submit a written request to DAS RM. DAS RM will review the request and submit a written response, including recommendation, to DAS Administration. DAS RM conveys DAS Administration's decision in writing to the agency.

(3) DAS RM must receive variance requests at least 30 days in advance of the needed effective date. The 30-day requirement starts when DAS RM receives all information needed to evaluate the variance request. Submittal of a variance request does not equal approval. The agency must receive written approval from DAS Administration prior to initiating the action that resulted in the request. (See Vehicle Use and Access Toolkit for guidance.)

(4) For variances related to contractors operating state vehicles, documentation must include:

(a) How the use is clearly necessary and beneficial to the agency; and

(b) Proof the agency has the vehicle owner's consent, of other than the agency; and

(c) Documentation of the contract which:

(A) Requires the contractor to comply with these rules; and

(B) Requires the contractor to furnish adequate primary vehicle liability and property insurance; and

(C) States the allowed uses of the vehicle; and

(D) Cites the exchange of value for use of the vehicle; and

(E) Holds the contractor liable for its safe use and return.

Notes

Or. Admin. Code § 125-155-0800

DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95; DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405

Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395