Oregon Administrative Rules Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION
Oregon Administrative Rules Chapter 735 — Department of Transportation, Driver and Motor Vehicle Services Division (DMV)
Overview
OAR Chapter 735 governs the administrative rules promulgated by the Oregon Department of Transportation (ODOT) relating to the Driver and Motor Vehicle Services Division (DMV).
These rules regulate driver licensing, vehicle registration, vehicle titles, driver safety programs, commercial vehicle regulations, enforcement procedures, and administrative hearings related to driver and vehicle matters.
The rules implement statutes found primarily in ORS Chapters 801–822, which provide the statutory framework for driver licensing, motor vehicle registration, and related regulatory schemes.
Statutory Authority
The DMV derives authority from Oregon Revised Statutes, particularly:
ORS 807 (Driver’s licenses),
ORS 803 (Vehicle registration and titling),
ORS 809 (Driver safety and violation points),
ORS 811 (Vehicle equipment and operation),
ORS 818 (Traffic offenses), and
ORS 809.070 (Driver’s license suspension and revocation).
The statutes authorize ODOT and DMV to promulgate rules for implementing and enforcing these laws, including license issuance, suspension, and revocation procedures.
Key Provisions of OAR Chapter 735
Driver Licensing and Renewal (OAR 735-061 and related sections)
Establish requirements for obtaining and renewing driver licenses, including testing, vision standards, proof of identity, and residence.
Special provisions exist for commercial driver licenses (CDLs) addressing qualifications and endorsements.
Rules specify conditions for restricted licenses, such as driving limited to certain times or purposes.
License Suspension, Revocation, and Cancellation (OAR 735-062 and 735-064)
Define grounds for suspension or revocation, such as DUI offenses, accumulation of points for traffic violations, failure to appear or pay fines, and medical conditions affecting driving ability.
Procedures for notice, hearings, and appeals are outlined.
The DMV has authority to suspend or revoke licenses administratively, with the option for drivers to request contested case hearings.
Vehicle Registration and Titles (OAR 735-051 and others)
Rules govern the registration process, fees, renewal, transfer of ownership, and issuance of titles.
Requirements for vehicle inspections, particularly for commercial vehicles or out-of-state vehicles brought into Oregon, are specified.
Driver Safety and Violation Point System (OAR 735-062)
Details on how violation points are assessed, accumulated, and affect license status.
Procedures for driver improvement programs, including mandated attendance or suspension.
Administrative Hearings and Appeals (OAR 735-001)
Sets forth procedures for contested case hearings before the DMV Hearings Division, including rights to counsel, evidence presentation, and issuance of final orders.
Administrative decisions can be appealed to Oregon courts under the Administrative Procedure Act.
Enforcement and Legal Process
The DMV conducts administrative actions for license suspensions or revocations without immediate court involvement but must follow due process under state law and the Oregon APA.
Drivers receive written notices stating grounds for suspension or revocation and can request hearings.
Hearings are typically formal contested cases where the driver may challenge the evidence or procedural fairness.
Decisions from DMV hearings can be judicially reviewed for abuse of discretion or procedural errors.
Leading Case Law Related to OAR Chapter 735
Dixon v. Oregon Department of Transportation, 252 Or. App. 377, 288 P.3d 1147 (2012)
Facts:
Dixon challenged the DMV’s administrative suspension of his driver’s license following a DUI arrest, arguing procedural due process violations and disputing the accuracy of the breathalyzer test.
Issue:
Whether the DMV followed proper procedures and whether the suspension was lawful.
Holding:
The Oregon Court of Appeals upheld the DMV’s suspension, finding that the administrative procedures, including timely notice and opportunity for a hearing, complied with due process requirements. The evidence supporting the suspension was sufficient.
Significance:
This case affirms the DMV’s authority to suspend licenses administratively and highlights the importance of due process in administrative actions.
State v. Anderson, 184 Or. App. 463, 56 P.3d 520 (2002)
Facts:
Anderson contested the DMV’s revocation of his license based on accumulating too many traffic violation points.
Issue:
Whether the point accumulation process was lawful and whether revocation was supported by evidence.
Holding:
The court found that the DMV properly applied the point system in accordance with statutory and regulatory requirements. The revocation was upheld.
Significance:
Confirms the validity of the DMV’s point system and regulatory enforcement procedures under OAR Chapter 735.
Jones v. DMV, 173 Or. App. 201, 20 P.3d 1059 (2001)
Facts:
Jones appealed the denial of renewal of her driver’s license due to medical conditions that DMV determined impaired her ability to drive safely.
Issue:
Whether DMV’s decision to deny renewal was arbitrary or capricious.
Holding:
The court upheld the DMV’s decision, noting that the agency’s reliance on medical reports and statutory standards was reasonable.
Significance:
Highlights the DMV’s discretion in balancing public safety with individual driving privileges, especially concerning medical fitness.
Summary
OAR Chapter 735 provides detailed rules governing driver licensing, vehicle registration, license suspension/revocation, and administrative hearings in Oregon.
The DMV operates under statutory authority to ensure driver and vehicle compliance with safety and legal standards.
Administrative procedures protect due process rights while enabling efficient regulation and enforcement.
Oregon courts have consistently upheld the DMV’s regulatory authority and procedural frameworks, emphasizing reasoned decision-making and due process.
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