Or. Admin. Code § 735-076-0000 - Policy, Objective and Purpose of the At-Risk Program - Non-Mandatory Reporting

(1) It is the policy of DMV to promote safety for all persons who travel or otherwise use the public highways of this state.

(2) The underlying policy of the Department's rules on at-risk drivers is to preserve the independence, dignity, and self-esteem that result from providing one's own mobility, so long as it is possible to do so without risk to oneself or to others.

(3) It is therefore an objective of these division 76 rules to establish a program for the non-mandatory reporting to DMV of those drivers who have a mental or physical condition or impairment that may affect driving ability, or drivers who have demonstrated unsafe or dangerous driving behaviors.

(4) DMV may receive information that indicates a person may no longer be qualified to hold a driver license, driver permit or endorsement or may no longer be able to drive safely. This information may come from many sources, including a report from any of the following:

(a) A physician or health care provider,

(b) A family member, friend or neighbor,

(c) A report from a police officer or a court,

(d) A DMV representative, or

(e) The person through a self-report on a driver license issuance, renewal or replacement application or a voluntary request to test.

(5) A report may describe:

(a) A possible mental or physical condition or impairment, a vision problem, or a possible problem condition involving an intoxicant, as defined in Oregon Laws 2023, Chapter 498 that indicates the person is no longer qualified to hold a driver license, driver permit or endorsement;

(b) An unsafe or dangerous driving behavior that indicates the person is not able to drive safely;

(c) That the person no longer has the skills necessary to safely operate a motor vehicle; or

(d) That the person could have a loss of consciousness or control while driving, resulting in loss of control of a motor vehicle.

(6) These division 76 rules provide procedures for the review of non-mandatory reports, the obtaining of required information necessary to determine if a person remains qualified for driving privileges and the taking of necessary action when a determination is made that the person is no longer qualified for driving privileges.

Notes

Or. Admin. Code § 735-076-0000

MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0440; DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; DMV 6-2006, f. & cert. ef. 5-25-06; DMV 36-2018, amend filed 08/22/2018, effective 8/22/2018; DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 1/1/2021; DMV 37-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 15-2021, amend filed 09/13/2021, effective 9/13/2021; DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419

Statutes/Other Implemented: ORS 807.340