Or. Admin. Code § 735-074-0140 - DMV Response to Mandatory Report - Suspension, Opportunity to Re-Test, Reinstatement
(1) DMV
will review a report received under OAR
735-074-0120 to determine if
sufficient information has been provided. If the report does not contain the
information required by OAR
735-074-0120 DMV may contact or
return the form to the reporting physician or health care provider for
completion. If the report does not meet the requirements of a mandatory report,
but if the report is of a possible mental or physical condition or impairment
that indicates the person is no longer qualified to hold a driver license,
driver permit or endorsement or may no longer be able to drive safely, DMV will
review the report under the non-mandatory program described in OAR chapter 735,
division 76 to determine what action, if any, is appropriate.
(2) Using the standards set forth in OAR
735-074-0130, or when otherwise
recommended by the Medical Determination Officer, DMV will suspend driving
privileges or the right to apply for driving privileges under ORS
809.419(3), if
it is determined from the report submitted under OAR
735-074-0120 that the person has
a mental or physical condition or impairment that affects the person's ability
to safely operate a motor vehicle upon the highways. Driving privileges or the
right to apply for driving privileges will be immediately suspended if DMV has
reason to believe the person may endanger people or property if not immediately
suspended.
(3) If DMV receives a
report that indicates that a person's vision does not meet the vision standards
set forth in OAR 735-062-0050, DMV will
immediately suspend the person's driving privileges or right to apply for
driving privileges under ORS
809.419(3). To
be eligible for reinstatement of driving privileges the person must: submit
proof from a licensed optometrist or physician who specializes in the diagnosis
and treatment of eye diseases that the person's vision, with or without
corrective lenses, meets the vision standards set forth in OAR
735-062-0050.
(4) A person whose driving privileges and
right to apply for driving privileges are suspended because of a functional
impairment may request to be tested by DMV to demonstrate that notwithstanding
the impairment, the person is qualified to safely operate a motor vehicle. If
the request is granted, DMV will administer a vision screening under OAR
735-062-0050, a knowledge test
under 735-062-0040 and a DMV drive
test under 735-062-0070. DMV will deny the
request if it has reason to believe the person is unable to safely operate a
motor vehicle during a drive test. If the request is denied, DMV may give the
person tests if the person:
(a) Receives a
determination of eligibility from the Medical Determination Officer;
(b) Submits proof of successful completion of
a driver rehabilitation program conducted by a rehabilitation
specialist;
(c) Submits proof of
successful completion of a driver training course conducted by an ODOT
certified commercial driver training school; or
(d) Submits proof that the person's motor
vehicle is equipped with an appropriate adaptive device(s), such as hand
controls, and provides documentation that the person knows how to use and has
practiced with the adaptive devices(s).
(5) A person whose driving privileges and
right to apply for driving privileges are suspended because of a cognitive
impairment or a cognitive impairment in conjunction with a functional
impairment reported under OAR
735-074-0110 may request to be
tested by DMV to demonstrate that notwithstanding the disorder or the
impairment, the person is qualified to safely operate a motor vehicle. Before
DMV will grant the request to be tested, the Medical Determination Officer must
determine that the person is medically eligible to take tests. If eligible for
testing, the person must pass a vision screening under OAR
735-062-0050, a knowledge test
under 735-062-0040 and a DMV drive
test under 735-062-0070.
(6) The following apply to a request for
testing under sections (4) and (5) of this rule:
(a) The request must be made by contacting
DMV headquarters; and
(b) For a
cognitive impairment or a cognitive impairment in conjunction with a functional
impairment, testing must be completed within six months from the date the
Medical Determination Officer determines the person is medically eligible to
take tests.
(7) DMV will
notify the reporting physician or health care provider if the person's driving
privileges are reinstated.
(8) If
the person voluntarily surrenders driving privileges as set forth in OAR
735-062-0135(4),
DMV will rescind any suspension imposed under sections (2), (3) or (4) of this
rule. The person may be eligible for a no-fee identification card.
(9) If DMV reinstates or reissues a person's
driving privileges, DMV may require the person to provide periodic medical
information based on the recommendation of the Medical Determination Officer or
obtain periodic vision examinations based on the recommendation of the person's
vision specialist. The Medical Determination Officer will include in their
decision a determination if medical re-certification is needed on cognitive
impairments at the time a determination on testing is made. If periodic medical
information is required, DMV will send the person a Driver Medical Report form
(DMV form 735-6587) and notify the person that they will be required to return
the completed form to DMV within 60 days or the person's driving privileges
will be cancelled. The form must be completed by the person and their licensed
physician, nurse practitioner or physician associate and returned to DMV within
60 days of the date on the notice.
(10) If a periodic vision exam must be
obtained, DMV will send the person a Certificate of Vision form (DMV form
735-24) and notify the person they must submit the completed form within 60
days or the person's driving privileges will be cancelled. The form must be
completed by the person's licensed vision specialist and returned to DMV within
60 days of the date on the notice.
(11) A person may be required to successfully
complete DMV testing or may have driving privileges suspended based on
information contained in the Driver Medical Report form (DMV form 735-6587) or
periodic Certificate of Vision form (DMV form 735-24) submitted under section
(9) and (10) of this rule.
Notes
Forms referenced are available from the agency.
Statutory/Other Authority: ORS 184.619, 802.010, 807.340, 807.710 & 809.419
Statutes/Other Implemented: ORS 807.340 & 807.710
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