Or. Admin. Code § 735-063-0311 - Driver Records for CDL-Holders and CMV Operators; Enforcement of Federally Required CDP Suspensions
(1) This
rule and OAR 735-010-0110 apply to an
individual whose driving record contains a:
(a) Conviction from an incident that occurred
while operating a commercial motor vehicle or while holding commercial driving
privileges (CDP), as described in ORS
807.018; or
(b) Withdrawal, as defined in section
(12)(c)(B) of this rule.
(2) DMV adopts and incorporates by reference
Appendix A: ACD Codes, Descriptions, and Abbreviations, from the AAMVA Code
Dictionary Manual, r5.2.5 (effective date September 11, 2023) as the list of
conviction and withdrawal codes used in driver records for individuals subject
to this rule.
(3) When DMV receives
a record, report or notice of a conviction or withdrawal, DMV shall enter the
appropriate code into the individual's driver record.
(4) When an individual changes the
individual's state of record from another jurisdiction in the United States,
DMV shall integrate the driving history from the other jurisdiction into the
Oregon driver record and add any convictions and withdrawals to the Oregon
driver record using the appropriate code. DMV does not integrate a driver
record from non-United States jurisdictions into the Oregon driver
record.
(5) DMV integrates into the
Oregon driver record convictions and withdrawals received from other
jurisdictions electronically. DMV retains withdrawals in Oregon driver records
for informational purposes and to allow DMV to make suspension determinations
as described in sections (7) of this rule.
(6) DMV shall determine that a withdrawal did
not meet the federal requirements for state disqualification under
49 CFR §
384.231 when:
(a) There is an absence of a withdrawal in
the driver history record;
(b) A
withdrawal was imposed, but did not meet the federally-required minimum period;
or
(c) A withdrawal was imposed,
but the jurisdiction was not the state of record for the entire time the
withdrawal was in effect.
(7) If DMV determines under section (6) of
this rule that no withdrawal, or no combination of withdrawals, in the driver
record meets the requirements of federal regulation, then DMV shall impose a
CDP suspension under ORS
809.510 to
809.550 for the remaining
federally-required suspension period.
(8) If DMV receives a record of withdrawal
reflecting the correct federally-required minimum withdrawal period, and
confirmation that the other jurisdiction was the state of record for the person
during the withdrawal, DMV shall remove the Oregon withdrawal imposed under
section (7) of this rule.
(9) DMV
shall enter into CDLIS the ACD code "A20" to represent a conviction based on a
DUII diversion report under ORS
813.230, received by an
individual who held commercial driving privileges in any jurisdiction on the
date of the commission of the offense or who operated a commercial motor
vehicle at the time of the offense.
(10) DMV shall enter into CDLIS the ACD code
"A20" to represent a suspension of commercial driving privileges received by an
individual under ORS 809.510(1)(g)
based on a DUII diversion report under ORS
813.230.
(11) Section (9) of this rule applies to DUII
diversion reports under ORS
813.230 for offenses occurring
on or after January 1, 2023. Section (10) of this rule applies to suspensions
issued by DMV under ORS
809.510(1)(g)
on or after January 1, 2023.
(12)
The following definitions apply to this rule:
(a) "Conviction" has the meaning given that
term in ORS 809.510(6).
(b) "Record," "report" or "notice," as used
in this rule and in ORS
809.510 to
809.540, includes:
(A) An entire driver record received from
another jurisdiction; and
(B) An
individual or grouped series of convictions received from another
jurisdiction.
(c)
"Withdrawal" means:
(A) A cancellation,
suspension, revocation of non-commercial driving privileges; or
(B) A cancellation, suspension, revocation,
or disqualification of commercial driving privileges.
Notes
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 802.210
Statutes/Other Implemented: ORS 802.200, 802.540, 807.040, 807.045, 807.050, 807.060, 807.070, 807.150, 807.170, 809.310, 809.510 - 809.550 & 49 CFR § 383.51
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