Or. Admin. Code § 735-063-0315 - Commercial Driving Privileges; Federal Drug and Alcohol Clearinghouse; Cancellations
(1) In accordance
with ORS 807.166, DMV shall query DACH
prior to issuance, renewal or replacement of commercial driving privileges,
including upgrading, adding restrictions and transferring a person's CDL
privileges.
(2) DMV may not issue
CDP to an applicant or renew an applicant's CDL when the query described in
section (1) of this rule indicates the driver is prohibited from operating a
CMV due to a violation of 49 CFR part 382, subpart B.
(3) DMV may initiate a query with DACH, or
receive information from DACH without initiating a query, regarding an Oregon
CDP holder.
(4) DMV shall cancel a
person's CDP if DMV determines information from DACH indicates the CDP holder
is prohibited from operating a CMV.
(5) After DMV cancels a person's CDP under
section (4) of this rule, the person may apply to regain an Oregon CDP. When
the person applies for CDP, DMV will query DACH as described in section (1) of
this rule. DMV will issue CDP to the person only if DACH indicates the person
is not prohibited from operating a CMV and all other requirements for issuance
of CDP are met.
(6) A person whose
CDP has been cancelled under section (4) of this rule may be issued a Class C
noncommercial driver license described in ORS
807.031(5) or
an identification card described in ORS
807.400, if all other
requirements for issuance are met.
(7) If FMCSA notifies DMV that a CDP driver
was erroneously placed in a prohibited status in DACH, DMV shall remove any
reference to the driver's prohibited status from the CDLIS driver history and
terminate the cancellation imposed under this rule. DMV will remove the
cancellation from the driver record and restore the record to the status as it
existed before the erroneous notification.
(8) Notwithstanding section (9) of this rule,
DMV shall record a new sanction added to a CDLIS driver record during the
period when DMV records show the driver had a prohibited status.
(9) DMV may not include any details of a DACH
cancellation in the CDLIS driver history record for the CDP driver, including:
a State-to-State Status request, State-to-State History request, and a Change
State of Record request.
Notes
Statutory/Other Authority: ORS 184.619, 802.010, 807.166 & 809.310
Statutes/Other Implemented: ORS 807.166 & 49 CFR Part 382
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