Or. Admin. Code § 735-070-0010 - Reinstatement Following Cancellation or Suspension Under ORS 807.220, 807.230, 807.350, 809.310 and 809.320
(1)
DMV will reissue a driver permit, driver license or identification card to a
person whose driving privileges or identification card is canceled under ORS
809.310(1)
because the person is not entitled only if the person corrects the condition
that caused the cancellation and otherwise meets all requirements for driving
privileges or an identification card.
(2) DMV will reissue a driver permit, driver
license or identification card canceled under ORS
809.310(2)
because there is an error, i.e. wrong class of license or permit, incorrect
endorsement; incorrect date of birth, name, expiration date or issue date once
the person surrenders the driver permit, driver license or identification card
with the error. If the information on the driver permit, driver license or
identification card is wrong because of a DMV error, a no fee replacement will
be issued.
(3) DMV will reissue a
driver permit, driver license or identification card canceled under ORS
809.310(2)
because the address is not the person's residence address as required by law
once the person surrenders the driver permit, driver license or identification
card with the incorrect information and the person provides DMV with acceptable
documentary proof of residence address as described in OAR
735-062-0030(1)
and pays all applicable fees.
(4)
Notwithstanding sections (1), (2) and (3) of this rule, when a person whose
driving privileges or identification card are canceled under ORS
809.310(1) or
809.310(2) is
not a resident of Oregon, DMV will rescind the cancellation to allow the person
to obtain driving privileges or an identification card in another jurisdiction
but will not reissue an Oregon driver license, driver permit, or identification
card. The person must:
(a) Request that DMV
rescind the cancellation;
(b) Have
corrected all applicable conditions that caused the cancellation except for the
domicile or residency requirements under ORS
807.062; and
(c) Provide verification from another
jurisdiction that:
(A) The person has applied
and meets the requirements for driving privileges or an identification card in
that jurisdiction;
(B) The person
has surrendered their Oregon driver license or identification card to the
jurisdiction, or has stated that the card was surrendered to DMV or that it was
lost, destroyed or mutilated; and
(C) The cancellation must be rescinded in
order for the person to qualify for driving privileges or an identification
card in the other jurisdiction.
(5) DMV will issue a driver license, driver
permit or identification card when a person described in section (4) of this
rule returns to Oregon and the person corrects the condition that caused the
cancellation and meets all eligibility requirements for driving privileges or
an identification card and pays all applicable fees.
(6) DMV will reinstate the person's driving
privileges or identification card, including the person's right to apply
suspended under ORS 809.310(3)(b)-o(f)
when:
(a) One year has elapsed since the
effective date of the suspension; and
(b) The person pays the reinstatement
fee.
(7) When a person's
driving privileges or identification card, including the right to apply, is
suspended under ORS 809.310(3)(a),
DMV will reinstate the driving privileges or identification card one year from
the effective date of the suspension if the person:
(a) Provides a verifiable SSN or a written
statement that the person has not been assigned a SSN as provided in OAR
735-062-0005(2);
(b) Submits to the collection of biometric
data and establishes identity as provided in ORS
807.024 and OAR
735-062-0016;
(c) Provides proof of identity and date of
birth as provided in OAR
735-062-0020;
(d) Submits proof of residence address as
provided in OAR 735-062-0030(1);
and
(e) Pays the reinstatement
fee.
(8) Notwithstanding
section (7) of this rule, when a person's driving privileges or identification
card are suspended under ORS
809.310(3)(a)
and is no longer a resident of Oregon, the person may request to have their
driving privileges, identification card or right to apply reinstated in order
to be issued in another jurisdiction. DMV will not issue an Oregon driver
license, driver permit or identification card, but will reinstate the driving
privileges, identification card or right to apply when:
(a) One year has elapsed since the effective
date of the suspension;
(b) The
person provides verification from another jurisdiction that:
(A) The person has applied and meets the
requirements for driving privileges or an identification card in that
jurisdiction; and
(B) The person
has surrendered their Oregon driver license or identification card to that
jurisdiction, or has stated that the card was surrendered to DMV or that it was
lost, destroyed or mutilated; and
(c) The person pays the reinstatement
fee.
(9) A person
described in section (8) of this rule, who returns to Oregon, may be eligible
for a driver license, driver permit or identification card. DMV will issue a
driver license, driver permit or identification card when:
(a) Provides a verifiable SSN or a written
statement that the person has not been assigned a SSN as provided in OAR
735-062-0005(2);
(b) Submits to the collection of biometric
data and establishes identity as provided in ORS
807.024 and OAR
735-062-0016;
(c) Provides proof of identity and date of
birth as provided in OAR
735-062-0020;
(d) The person submits proof of residence
address as provided in OAR
735-062-0030(1);
and
(e) The person meets all
eligibility requirements for driving privileges or an identification card and
pays all applicable fees.
(10) When DMV cancels a person's driver
permit or driver license for withdrawal of consent under ORS
809.320, DMV will reinstate
driving privileges when the person:
(a) Pays
a replacement driver permit or driver license fee or a renewal fee, if
applicable; and
(b) Submits one of
the following if the person is under 18 years of age:
(A) An application for a driver permit or
driver license that is signed by the person's mother, father or legal
guardian;
(B) Court papers showing
that the person is declared emancipated by the court; or
(C) Evidence that the person is
married.
(11)
When DMV cancels a person's driving privileges because the person is not
qualified or does not meet the requirements under ORS
807.350, DMV will not grant
driving privileges until the person meets the requirements and demonstrates
qualification for a driver license under 807.040, 807.050, 807.060, 807.062,
807.065, 807.066 and 807.070.
(12)
When the special student driver permit of a person under 16 years of age is
canceled under ORS 807.230(7), DMV
will only issue driving privileges when the person has reached 16 years of age
and if the person is eligible and meets all applicable requirements in 807.040,
807.065 and 807.066 and OAR
735-062-0007 to obtain a driver
permit or driver license. When the special student driver permit of a person
over 16 years of age is canceled, DMV will not reissue a special student driver
permit however the person may apply for a driver license if eligible and if the
person meets all applicable requirements in ORS
807.040,
807.065,
807.066 and OAR
735-062-0007.
(13) When an emergency driver permit is
canceled under ORS 807.220(3)(g),
DMV will:
(a) Reissue an emergency driver
permit after one year has elapsed from the effective date of the cancellation
if the person is eligible and meets the requirements in OAR
735-064-0230; or
(b) Issue a driver permit or a driver license
if the person is eligible and meets all applicable requirements in ORS
807.040,
807.065 and
807.066 and OAR
735-062-0007.
Notes
Statutory/Other Authority: ORS 184.619 & 802.010
Statutes/Other Implemented: ORS 807.021, 807.022, 807.220, 807.230, 807.400, 809.310 & 809.320
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