Road Usage Charge Pilot Program Repeals

Transcription

1 Road Usage Charge Pilot Program Repeals All Division 80 rules to be repealed in their entirety. [ Authority and Purpose Chapter 862, Oregon Laws 2001 authorizes the Department of Transportation to develop one or more alternatives to the current system of taxing highway use through motor vehicle fuel taxes. The purpose of OAR through is to establish the Road Usage Charge Pilot Program. Stat. Auth.: ORS , , Ch. 862, OL 2001 & Ch. 618, OL 2003 Stats. Implemented: Ch. 862, OL 2001 & Ch. 618, OL Definitions (1) Authorized agent means an entity or person under contract with ODOT to provide services related to collection of the Road Usage Charge. (2) Fuels Tax means the Oregon Motor Vehicle Fuels Tax as administered under ORS through (3) Pilot Area means the geographic area where the Program Volunteers reside. (4) Pilot Demonstration means a field demonstration involving Program Volunteers of onboard metering and mileage data reporting technologies and data collection, tax processing, account management and tax accounting systems to collect the Road Usage Charge. (5) Road Usage Charge Pilot Program means Pilot Demonstrations designed to test road usage charge concepts, according to policies adopted and recommended by the RUFTF, and related research demonstrations of technologies and systems. (6) Program Volunteer means an individual selected to participate in the Road Usage Charge Pilot Program. (7) Road User Fee Task Force or RUFTF means the task force described in sections 1 through 6, chapter 862, Oregon Laws (8) Vehicle Miles Traveled or VMT means miles driven. (9) Road Usage Charge means a fee charged per mile driven in Oregon. Stat. Auth.: ORS , , Ch. 862, OL 2001 & Ch. 618, OL 2003 Stats. Implemented: Ch. 862, OL 2001 & Ch. 618, OL Road User Fee Task Force Pilot Program Generally (1) ODOT will conduct Pilot Demonstrations in which Program Volunteers must pay a designated Road Usage Charge in lieu of paying an amount equal to the Fuels Tax associated with the fuel purchased. (2) The Road Usage Charge for the Program Volunteers in Pilot Demonstrations is 1.56 cents per mile. Stat. Auth.: ORS , , Ch. 862, OL 2001 & Ch. 618, OL 2003 Stats. Implemented: Ch. 862, OL 2001 & Ch. 618, OL 2003

2 Program Volunteers in Pilot Demonstrations (1) ODOT may recruit up to 500 persons to participate in a Pilot Demonstration as Program Volunteers. (2) To be eligible for participation in a Pilot Demonstration as a Program Volunteer, a person must provide information about a participating vehicle to ODOT, select a method of reporting of mileage driven during the term of the Pilot Demonstration from options provided by ODOT and select a provider of mileage tax collection services from providers offered by ODOT. The information about a participating vehicle provided to ODOT by the Program Volunteer shall include the vehicle s identification number, license plate number and make, model and year. (3) For gasoline fueled vehicles participating in the Pilot Demonstration, Program Volunteers will have the Fuels Tax associated with fuel purchased refunded or offset as a credit against the Road Usage Charge. ODOT will assess Program Volunteers the Road Usage Charge and refund or offset the Fuels Tax associated with the fuel purchased. (4) For diesel fueled vehicles participating in a Pilot Demonstration, ODOT shall issue Program Volunteers an emblem for their vehicle. A seller of diesel fuel for use in a motor vehicle may not collect the tax that would otherwise be due under ORS from a person operating a vehicle for which an emblem has been issued. (5) Program Volunteers are required to enter into a Pilot Demonstration agreement, outlining the duties and obligations of each party in the Pilot Demonstration. (6) If a person participating in a Pilot Demonstration ends the person s participation in the Pilot Demonstration, the person shall pay to the department any amount of the Road Use Charge the person has not yet paid or offset by fuel taxes paid. The person shall return to ODOT any emblem issued to the person. Stat. Auth.: ORS , , Ch. 862, OL 2001 & Ch. 618, OL 2003 Stats. Implemented: Ch. 862, OL 2001 & Ch. 618, OL VMT Fee or Fuels Tax Collection (1) A Program Volunteer in a Pilot Demonstration will pay the Road Usage Charge upon receipt of an invoice from ODOT or an authorized agent of ODOT. (2) For gasoline fueled vehicles, the amount of Fuels Tax associated with the amount of fuel purchased by the Program Volunteer will be automatically deducted from the invoice, or refunded at the request of the Program Volunteer, through presentation of evidence to ODOT that the Program Volunteer has paid the Fuels Tax during the Pilot Demonstration period. (3) When a Program Volunteer reports mileage, the Program Volunteer will be charged the Road Usage Charge by ODOT on a monthly basis. (4) When a Program Volunteer reports the amount of fuel purchased that is associated with miles reported, ODOT will offset or refund the Fuels Tax associated with the amount of fuel purchased, on a monthly basis. (5) For diesel-fueled vehicles, the amount of the Fuels Tax associated with the amount of diesel fuel purchased by the Program Volunteer will be automatically deducted from the purchase price by service stations selling diesel fuel provided the Program Volunteer s diesel vehicle displays an emblem.

3 Stat. Auth.: ORS , , Ch. 862, OL 2001 & Ch. 618, OL 2003 Stats. Implemented: Ch. 862, OL 2001 & Ch. 618, OL Related Research Demonstrations of Technologies and Systems (1) ODOT may conduct research demonstrations of technologies and systems designed to complete or further testing of road usage charge concepts related to policies adopted and recommended by the RUFTF to ODOT. (2) Program Volunteers selected to participate in related research demonstration of Technologies and Systems are required to enter into a research demonstration agreement, outlining the duties and obligations of each party in the research demonstration. Stat. Auth.: ORS , , Ch. 862, OL 2001 and Ch. 618, OL 2003 Stats. Implemented: Ch. 862, OL 2001 and Ch. 618, OL 2003 Hist.: DOT , f. & cert. ef ]

4 Text to be added in bold Text to be deleted in [italics] Fire Apparatus Authorization Fire Apparatus Amendments (1) Fire apparatus are authorized to operate with a variance permit that is not subject to the maximum limits established in Division 82 when: (a) Operating within the fire district boundary of the owner of the apparatus, including any mutual aid agreement area; (b) Operating in response to any emergency act declared by the Governor; or (c) Maintaining, deploying or re-deploying such fire apparatus. (2) Fire apparatus operations conducted under a variance permit are subject to the terms of the variance permit [.], which includes the following: (a) The fully loaded fire apparatus must be equipped with tires of sufficient size that the gross weight on any wheel, axle, tandem axle, or group of axles does not exceed 635 pounds per inch of tire width or the manufacturer s sidewall tire rating, whichever is less; and (b) All movements are subject to the weight limitation in effect on any highway, highway section, bridge, or structure. Bridges with weight restrictions on state and interstate highways can be found on the Oregon Road & Bridge Restriction List, which can be found at (3) Prior to the original issuance of a variance permit or subsequent renewal for vehicles not previously weighed, the fully loaded fire apparatus must be weighed by ODOT Motor Carrier Enforcement staff to ensure the maximum weight limit described in section (2) (a) is not exceeded. Stat. Auth.: ORS , [ORS] , [ORS , ORS] & [ORS ] Stats. Implemented: ORS , & [ORS]

5 Program for Inmates to Obtain Driver License or ID Card Prior to Release Amendments DMV/DOC Program for an Inmate Obtaining a Driver License or Identification Card Prior to Release (1) The Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV) and the Oregon Department of Corrections (DOC) have established, through interagency agreement, the following program to help an inmate obtain a driver license or identification card prior to his or her release from custody. (2) For purposes of this rule, the term inmate means any person under the supervision of the DOC and who is not on parole, probation or post-prison supervision status. (3) Notwithstanding OAR , DMV may issue a renewal or replacement driver license or an identification card containing the last photograph of the inmate on file with DMV. The photograph on file must not be older than nine years and two months. DMV will issue as follows: (a) A replacement driver license to an inmate whose driving privileges are valid or are reinstated at the time of issuance; (b) A renewal driver license to an inmate whose driving privileges are valid or are reinstated at the time of issuance and whose driver license is within the allotted time for early renewal as described in OAR (4) [14 months of expiring] or has been expired for less than one year; or (c) An original, renewal or replacement identification card to an inmate: (A) Who is not eligible for driving privileges under sections (4), (7) or (8) of this rule; (B) Whose previous driver license has been expired for more than one year; (C) Whose driving privileges are suspended, revoked or cancelled; or (D) Who has never been issued or does not currently qualify for a driver license under ORS (4) DMV will make an inquiry to the National Driver Register/Problem Driver Pointer System (NDR/PDPS) and the Commercial Driver License Information System (CDLIS), to determine if the inmate s driving privileges are suspended, revoked, cancelled or otherwise not valid in any other jurisdiction. An inmate whose driving privileges are not valid in any other jurisdiction is not eligible to replace or renew driving privileges in Oregon. (5) DOC may complete an application packet for each eligible inmate within no more than [90] 180 days prior to the inmate s date of release from DOC custody. The application packet must include: (a) A completed Valid with Previous Photo DL/ID Card (VWPP) Application, DMV Form C, signed by the inmate. The application must include the inmate s Social Security Number (SSN). DMV must verify, or have previously verified, the SSN with the Social Security Administration, as required by OAR ; (b) Proof of legal name as required by OAR ;

6 (c) Proof of legal presence as required by OAR and the interagency agreement; and (d) Proof of date of birth and identity as required by OAR [; and] [(e) A photo of the inmate, which contains the state identification (SID) number]. (6) On the application DOC must certify: (a) That the copies of the documents submitted to meet the requirements of section (5) of this rule are true copies of the original documents and that the documents pertain to the inmate for whom DOC is submitting the VWPP application; and (b) That the inmate will be living in Oregon when released and the address provided on the application meets the requirements for residence or mailing address as outlined in the interagency agreement. (7) An inmate is not eligible for driving privileges, under ORS (4) or (5), and DMV will not replace or renew a driver license, if on the VWPP Application the inmate: (a) Answers yes to the question Do you have a vision condition or impairment that has not been corrected by glasses, contacts or surgery that affects your ability to drive safely? ; (b) Answers yes to the question Do you have any physical or mental conditions or impairments that affect your ability to drive safely? ; or (c) Answers yes to the question Do you use alcohol, inhalants, or controlled substances to a degree that affects your ability to drive safely? (8) An inmate who is eligible to renew his or her driving privileges, and is or will be 50 years of age or older at the time his or her driving privileges expire, must meet the requirements of OAR As the inmate will not be at a DMV field office for the vision screening, DOC must provide a vision examination form, Certificate of Vision, DMV Form , completed by a licensed ophthalmologist or optometrist with the VWPP application. If no Certificate of Vision form is included or the inmate does not meet the vision standards set forth in , the inmate is only eligible for an identification card. (9) When an inmate s driving privileges are valid (not suspended, revoked, cancelled or expired more than one year) the inmate must surrender driving privileges in order to be eligible for an identification card. A completed Surrender of Driving Privilege(s), DMV Form , must be included with the VWPP application of any inmate who is surrendering driving privileges. A person who surrenders driving privileges must pass all tests and pay all fees associated with an original driver license to regain driving privileges at a later date. (10) DOC will pay the fee listed in ORS or , as appropriate, for each inmate issued a driver license or identification card in a manner outlined in the interagency agreement. (11) When an inmate s driver license or identification card issued pursuant to this rule is renewed or replaced, he or she must provide proof of citizenship or permanent legal residency as required by OAR , unless DMV records show the person has previously provided such proof. Stat. Auth.: ORS , , , & Stats. Implemented: ORS

7 Biometric Data to Establish Identity Amendments Requirements for Establishing Identity Under ORS and Consequences of Applicant s Failure to Establish Identity (1) An applicant for an original, renewal or replacement driver license, driver permit or identification card must submit to the collection of biometric data, as provided in ORS , for the purpose of establishing identity, unless the applicant meets the requirements of OAR [,] or [, or section (3) of this rule]. (2) To optimize the [collect] collection of biometric data DMV will take a digital photograph of the applicant which must: (a) Be full-faced; (b) Clearly show the iris and pupil of each eye; and (c) Capture the applicant s natural appearance in accordance with the requirements set forth in section (4) of this rule. (3) Notwithstanding subsection (2)(b) of this rule, an applicant for an original, renewal or replacement driver license, driver permit or identification card may be photographed: (a) [w]with his or her eyes closed if the applicant provides documentation from a licensed physician, satisfactory to DMV, that indicates that the camera flash may cause a seizure or other serious medical condition. Except for subsection (4)(b) of this rule, the person must comply with all other requirements for the digital photograph[and must establish identity as set forth in section (5) of this rule]. (b) Wearing an eye patch or eye covering if the condition that caused the wearing of the eye patch or eye covering is a permanent medical condition. Except for subsection (4)(c) of this rule, the person must comply with all other requirements for the digital photograph. (4) To comply with Section (2) of this rule, DMV will require the applicant to: (a) Remove any eyeglasses; (b) Remove any contact lens that significantly changes the appearance of the applicant s eye; (c) Remove any clothing or similar material that partially or completely covers the applicant s face; (d) Remove any head covering, including a hat or cap, unless the head covering is for medical or religious reasons. A head covering worn for medical or religious reasons must not cover or distort the applicant s face; and (e) Remove makeup, face paint, jewelry, sticker or other temporary substance that covers or distorts all or part of the face so as to significantly alter the applicant s natural appearance and which DMV determines is likely to affect the biometric measurements of the digital photograph. (5) Except as provided in OAR , , if an applicant s identity is not established by the biometric data submitted pursuant to subsection (1) of this rule, the applicant must provide documentation or other evidence sufficient to establish the applicant s identity to

8 the satisfaction of DMV. The documents or other evidence may include, but are not limited to, one or more of the following: (a) Documents listed in OAR that provide proof of the applicant s identity and date of birth to the satisfaction of DMV. (b) The applicant s SSN and proof and verification of the SSN as provided in OAR (c) A letter from a treating physician that identifies the person and states a medical reason for the person s change in appearance, if applicable. (d) A document or letter from a law enforcement agency verifying identity; or (e) A court document verifying identity. (6) Except as provided in OAR and , DMV will not issue a driver license, driver permit or identification card, if the applicant s identity is not established under this rule. (7) Pursuant to ORS (3) and OAR , DMV will suspend an applicant s driving privileges and the person s right to apply for driving privileges if the person fails to establish his or her identity as required by this rule and the failure to establish identity is the result of the applicant s committing any of the acts identified in ORS (3)(a) through (h). (8) Pursuant to ORS (1), (17), and OAR , DMV will cancel a driver license, driver permit or identification card issued to an applicant who fails to establish his or her identity as required by this rule when applying for the license, permit or identification card. (9) Pursuant to ORS (2), (17), and OAR , DMV will cancel a driver license, driver permit or identification card issued to an applicant who fails to establish his or her identity as required by this rule when applying for the license, permit or identification card, and the failure to establish identity is the result of the applicant s providing false information to DMV. (10) If, based on the identification procedures required under section (1) or section (2) of this rule, DMV determines that an applicant has used different names to identify himself or herself in different applications submitted to DMV and the different names are not the result of the applicant s having legally changed his or her name, DMV may take the actions authorized by ORS Stat. Auth.: ORS , , , & Stats. Implemented: ORS , , , , , &

9 Serious Traffic Violations and Marijuana Offenses Adoption, Amendments, Renumbering, Repeal NEW RULE Serious Traffic Violations ORS sets forth the suspension of commercial driving privileges based on a serious traffic violation. Offenses from other states are posted to an Oregon driver record using an AAMVAnet Code Dictionary (ACD) code. Therefore, offenses are shown below with the applicable Oregon statute and the possible ACD code. DMV designates the following offenses serious traffic offenses: (1) A violation, while operating a motor vehicle and a holder of commercial driving privileges, of: (a) Reckless driving - ORS , ACD code M84; (b) Any law establishing a speed limit, if the person is operating the vehicle 30 miles per hour or more above the posted limit and a court orders a suspension under ORS ; or (c) Any law establishing a speed limit, if the person is operating the vehicle at a speed of 100 miles per hour or greater, ORS (2) A violation, while operating a CMV, of: (a) Any law establishing a speed limit, if the person is operating the vehicle 15 miles per hour more above the posted limit - ORS , ACD codes S15, S16, S21, S26, S31, S36, S41, S71, S81, S91, S92. (b) The basic speed rule established in ORS if the person is operating the vehicle 15 miles per hour or more above the speed established in ORS as prima facie evidence of violating of the basic speed rule. (c) Operating a CMV without driving privileges - ORS (1), ACD code B56. (d) Failure to carry or present to a police officer proof of commercial driving privileges - ORS , ACD code B57. (e) Reckless driving - ORS , ACD code M84. (f) Driving on the left on a curve or grade or at an intersection or rail crossing - ORS , ACD code M42. (g) Failure to drive within a lane - ORS , ACD code M42. (h) Unsafe passing on the left - ORS , ACD code M42. (i) Unsafe passing on the right - ORS , ACD code M42. (j) Following too closely - ORS , ACD code M34. (k) Operating motor vehicle while using a mobile communication device - ORS , ACD codes M85, M86.

10 (L) Any law relating to motor vehicle traffic control if the violation is connected to a fatal accident ACD code U31. Motor vehicle traffic control violations as used in this subsection are those listed in ORS (1) and OAR , and include city traffic offenses and offenses under federal law or the laws of another state as set forth in ORS (4). This subsection does not apply to violations of parking laws or laws regulating vehicle weight or equipment. (m) Operating a CMV without proper classification or endorsement ORS , ACD code B91. Stat. Auth.: ORS , , , Other Auth.: 49 CFR Stats. Implemented: ORS Amended, Moved and Renumbered [ ] Reinstatement of CDL Disqualification (1) A person [who is] disqualified by Oregon DMV from holding a commercial driver license under ORS (2) or ORS may apply to DMV for reinstatement 10 years after the beginning date of the most recent disqualification. (2) To be eligible for reinstatement, the person must: (a) Meet all requirements for issuance of a commercial driver license; (b) Provide any information requested sufficient for DMV to find there is good cause for reinstatement; and (c) Voluntarily and successfully complete rehabilitation as approved by DMV. (3) In determining whether good cause for reinstatement has been shown, DMV will consider the person's driving record in this state or any other jurisdiction for the 10 years preceding the date of application for reinstatement. DMV will not reinstate commercial driving privileges if any of the following appear on the person's driving record: (a) A conviction for an offense involving the operation of a commercial motor vehicle. (b) A conviction, suspension or diversion for an offense involving any vehicle and alcohol, controlled substances or inhalants. (c) A conviction for failure to perform the duties of a driver (leaving the scene of an accident) in any vehicle. (d) A felony conviction involving the operation of any motor vehicle. (e) A revocation of driving privileges as a habitual offender under ORS (f) A conviction for reckless driving in any vehicle. (g) A conviction for reckless endangering a highway worker in any vehicle. (h) A conviction for assault in the fourth degree resulting from the operation of any motor vehicle.

11 (i) A suspension of driving privileges for violating the speed limit driving 100 miles per hour or greater in any vehicle. (j) A suspension of driving privileges for violating the speed limit by more than 30 miles per hour in any vehicle. (4) The department will not reinstate commercial driving privileges if a suspension of driving privileges under the Driver Improvement Program appears on the person's driving record, kept in this state or by any other jurisdiction, within the three years preceding the date of application for reinstatement. (5) The following National Safety Council courses are approved by DMV as meeting the rehabilitation requirement. A person applying for reinstatement must show proof of successful completion of: (a) DDC Attitudinal Dynamics of Driving; and (b) DDC Professional Truck Drivers. (6) If a required course listed in section (5) of this rule is not available in Oregon, DMV will accept proof the person has successfully completed the on-line version of the course. If a required course is not available in Oregon and there is no on-line version available, DMV may accept proof of successful completion of an equivalent rehabilitation course or program. Stat. Auth.: ORS , , , [ ] Stats. Implemented: ORS [ ] Application Requirements for a Hardship or Probationary Permit (1) Documents required to obtain a hardship permit depend on the reason(s) for the suspension. Documents required to obtain a probationary permit depend on whether the applicant s driving privileges are also suspended and the reason for the suspension. An applicant must comply with any sections of this rule that apply to [their] the applicant s suspension, [and/or] revocation or combination of suspension(s) and revocation(s). All applicants must: (a) Complete a Hardship/Probationary Application, (DMV Form ). This form is available at any DMV office and on the Internet at and (b) Pay the hardship or probationary permit fee and the reinstatement fee. (2) An applicant, whose driving privileges are suspended based on a conviction for DUII, reckless driving, fleeing or attempting to elude a police officer or misrepresentation of age by a minor to purchase or consume alcohol or attempt to purchase marijuana, must obtain the recommendation and signature of the convicting judge on the Hardship/Probationary Application form. (3) An applicant, whose driving privileges are suspended for two or more DUII convictions where the commission of the later offense and the conviction for a separate offense occurred within a five-year period, must submit a recommendation for issuance of a hardship or probationary permit from a program approved by AMH.

12 (4) An applicant, whose driving privileges are suspended under ORS (3) or (9) for committing a fraudulent or unlawful act in applying for or in the use of a driver license, driver permit or identification card, must: (a) Provide proof of a verifiable Social Security Number or proof of not being eligible for one; (b) Provide proof of legal presence; (c) Submit to the collection of biometric data and establish identity as provided in ORS ; and (d) Provide proof of identity and date of birth. (5) Unless driving privileges are suspended for a DUII conviction, an applicant for a hardship permit must submit a SR22 insurance certificate or other proof of financial responsibility as described in ORS An applicant whose driving privileges are suspended for a DUII conviction must submit a SR22 certificate as proof of financial responsibility that shows at least the minimum coverage amounts specified in ORS An applicant for a probationary permit must submit a SR22 insurance certificate if the applicant s driving privileges are suspended in addition to the habitual traffic offender revocation. (6) An applicant for a probationary permit must submit to DMV a medical report form or a report on the Hardship/Probationary Permit Application (DMV Form ), completed by a licensed physician showing to the satisfaction of DMV that the applicant has no medical condition or impairment that makes it unsafe for the applicant to operate a motor vehicle. (7) An applicant for a probationary permit must submit verification of the successful completion of a driver improvement course approved by DMV. Names of approved courses can be obtained by [calling] contacting DMV. (8) An applicant must provide the following information, depending upon the driving privileges sought: (a) An applicant who is required to drive for employment purposes must provide the routes, counties, days and times the applicant is required to drive. In addition, this information must be supported by any of the following that apply: (A) The applicant must submit a letter from the applicant s employer in order to verify the hours of work and the need for on the job driving; (B) The applicant must submit proof of self-employment. Acceptable proof includes a copy of a business license, business tax statement, newspaper advertisement or business receipts; and (C) The applicant must provide the days, hours and counties for seeking employment. (b) An applicant who needs to drive to attend an alcohol or drug treatment or rehabilitation program must provide the name and address of the program, routes, days and times the applicant is required to drive to and from the program; (c) An applicant for a hardship permit who needs to drive to receive medical treatment on a regular basis for himself or herself or a member of the person s immediate family, must provide the name and address of the medical treatment facility, routes, days and times the applicant is required to drive to receive medical treatment on a regular basis for the person or a member of the person s immediate family. The applicant must submit a signed statement from the physician

13 or certified nurse practitioner treating the person or the person s immediate family member, advising of the need for medical treatment on a regular basis. The statement must include how often the treatment is required and hours of the day and days of the week treatment is available. Actual appointment times are subject to verification by DMV and law enforcement; (d) An applicant for a hardship permit, whose driving privileges are suspended for violation of ORS , , or , is eligible to request driving privileges for family necessities. The applicant must provide the name and address of the person to whom or facility to which the applicant is driving for the family necessity, routes, days and times the applicant is required to drive for family necessities, as defined in OAR (9) Applicants may submit documents to DMV as they meet requirements. DMV, however, will not issue the hardship or probationary permit until all required documents are received and processed by DMV, Driver Suspensions Unit. Stat. Auth.: ORS , , , & Stats. Implemented: ORS , , , , , , Ballot Measure 91 (2014), Sec Hardship or Probationary Permit Restrictions (1) A person issued a hardship or probationary permit must not do any of the following: (a) The person must not drive outside the hardship or probationary permit driving restrictions; (b) The person must not be convicted of or forfeit bail for more than one traffic offense listed in ORS (2)(b) (including city traffic offenses and similar offenses under federal or state law) within any 12-month period. See OAR for a list of offenses and statutory references; (c) The person must not be convicted of or forfeit bail for an offense as specified in ORS (1)(a) through (g). These offenses are: murder, manslaughter, criminally negligent homicide, assault, recklessly endangering another person, menacing, or criminal mischief resulting from the operation of a motor vehicle; reckless driving, driving while under the influence of intoxicants, failure to perform the duties of a driver involved in an accident or collision, criminal driving while suspended or revoked, fleeing or attempting to elude a police officer, aggravated vehicular homicide or aggravated driving while suspended or revoked; (d) The person must not use intoxicants and drive; (e) The person must not refuse to submit to a chemical breath test, blood test or urine test; (f) The person must not be convicted of or forfeit bail for an offense under ORS or Ballot Measure 91 (2014), Section 73; or (g) The person must not falsify any information appearing on the Hardship/Probationary Application. (2) The person required to have an IID must not violate the following conditions: (a) Drive any vehicle which does not have an IID installed unless exempted by statute and administrative rule;

14 (b) Drive an employer s owned or leased vehicle without an IID unless the person is carrying a copy of an employer s exemption letter, Employer IID Exemption form or medical exemption letter in his or her possession; (c) Tamper with the IID; or (d) Solicit another person to blow into the IID. (3) Evidence that a restriction or condition has been violated includes, but is not limited to the following: (a) Police reports; (b) Accident reports; (c) Written reports from family members or the general public; (d) A written report which indicates the person has driven outside the hardship or probationary permit restrictions; (e) A written report which indicates the person has been driving after using intoxicants; (f) A written report from a police officer that indicates the person has refused the chemical breath test, blood test or urine test following an arrest for driving under the influence of intoxicants; (g) A report from a police officer; (h) A court conviction; and (i) A written report from an IID provider that the person has tampered with the IID installed in his or her vehicle. Stat. Auth.: ORS , , , & Stats. Implemented: ORS , , , , , , , , & , Ballot Measure 91 (2014), Sec Traffic Offenses Used in Habitual Offender, Driver Improvement, [CMV] Serious Traffic Violations and Hardship/Probationary Driver Permit Programs (1) A conviction for an offense listed in this rule counts toward: (a) The Habitual Offender Program pursuant to ORS (2); (b) The Provisional and Adult Driver Improvement Programs outlined in Oregon Administrative Rule chapter 735, division 72; (c) Motor vehicle traffic control violations connected to a fatal accident as defined in [ORS (1)(k) and OAR ] OAR that can lead to a suspension of commercial motor vehicle driving privileges. (d) Revocation of a probationary driver permit pursuant to ORS (7); and (e) Revocation of a hardship permit pursuant to OAR and (2) This section lists the offenses and the statutory citations for Oregon offenses used in the programs identified in section (1) of this rule: [Tables follow after text]

15 [(3) The following offenses have been repealed under Oregon law but still count as a conviction for an offense as set forth in section (1) of this rule if the person was convicted of the listed offense or it is an equivalent offense as described in section (4) of this rule: [Table - Separate.]] [(4)] (3) Offenses from other states may be posted to driver records using an AAMVAnet Code Dictionary (ACD) code. This section identifies the code that appears on the driver record, a description of the offense and the ORS reference covering an equivalent offense(s) for Oregon: [Tables follow after text] [(5) The following ACD codes are obsolete, but convictions reported under these codes may still count as a conviction for an offense as set forth in section (1) of this rule if DMV received notice from another state of a conviction using the following codes: [Table Separate.]] Stat. Auth.: ORS , , , & Stats. Implemented: ORS , , , (2) & This rule is repealed in its entirety. [ Fatal Accidents Used as Serious Traffic Violations Motor vehicle traffic control violations connected to a fatal accident as referred to in ORS (2)(k), are those offenses listed in ORS (1) and OAR , and include city traffic offenses and similar offenses under federal law or the laws of another state as set forth in ORS (4), but do not include those offenses regulating vehicle weight or equipment. Stat. Auth.: ORS , , , Stats. Implemented: ORS , ] Driver Improvement Offenses (1) The conviction for an offense listed below counts toward both the Provisional and Adult Driver Improvement Programs. It takes five convictions from the following list to equal one driver improvement violation. All other convictions counting in the Driver Improvement Programs are outlined in OAR (2) Offenses from other states are posted to driver records using an AAMVAnet Code Dictionary (ACD) code. This section identifies the code that appears on the driver record, a description of the offense and the ORS or administrative rule reference to the equivalent offense(s) in Oregon. The offenses listed below also count towards both the Provisional and Adult Driver Improvement Programs as described in section (1) of this rule. [(3) The following ACD codes are obsolete but convictions reported under these codes may still count as a conviction for an offense for both the Provisional and Adult Driver Improvement Programs as described in section (1) of this rule if DMV received notice from another state of a conviction using the following codes:] [Tables follow after text] Stat. Auth.: ORS , , & Stats. Implemented: ORS

16 Traffic Offenses Used in Habitual Offender, Driver Improvement, CMV Serious Violations and Hardship/Probationary Driver Permit Programs Section (2): This section lists the offenses and the statutory citations for Oregon offenses used in the programs identified in section (1) of this rule: OREGON OREGON OFFENSE STATUTE ATTEMPTED CRIMINAL DRIVING WHILE SUSPENDED CARELESS DRIVING CARRYING DOG ON EXTERNAL PART OF VEHICLE CARRYING MINOR ON EXTERNAL PART OF VEHICLE CROSSING CENTER LINE ON TWO-WAY, FOUR-LANE ROAD DANGEROUS LEFT TURN DANGEROUS MOVEMENT OF STOPPED, STANDING OR PARKED VEHICLE DANGEROUS OPERATION AROUND LIVESTOCK DEPRIVING MOTORCYCLE OR MOPED OF FULL LANE DRIVING ON HIGHWAY DIVIDER DRIVING ON LEFT ON CURVE OR GRADE OR AT INTERSECTION OR RAIL CROSSING DRIVING THROUGH SAFETY ZONE DWR CRIMINAL DRIVING WHILE REVOKED VIOLATION DWR DRIVING WHILE REVOKED OR IN VIOLATION OF PERMIT VIOLATION REDUCED DWS CRIMINAL DRIVING WHILE SUSPENDED VIOLATION REDUCED DWS DRIVING WHILE SUSPENDED OR IN VIOLATION OF PERMIT - VIOLATION DISRUPTING A FUNERAL PROCESSION DRIVING WRONG WAY AROUND TRAFFIC ISLAND ENDANGERING A MOTOR ASSISTED SCOOTER OPERATOR EXCEEDING MAXIMUM HOURS OF SERVICE OAR , 49 CFR 395.3, 5, 13 EXCEEDING THE MAXIMUM SPEED FOR A FUNERAL PROCESSION FAILING TO OBEY POLICE OFFICER

17 OREGON OFFENSE FAILURE OF DRIVER ENTERING ROADWAY TO YIELD RIGHT OF WAY OREGON STATUTE FAILURE OF MERGING DRIVER TO YIELD RIGHT OF WAY FAILURE OF OPERATOR OF CMV TO SLOW/CHECK THAT TRACKS CLEAR OF APPROACHING TRAIN FAILURE OF OPERATOR TO PROPERLY USE SAFETY BELTS (1) (a) FAILURE OF SLOW DRIVER TO DRIVE ON RIGHT FAILURE OF SLOWER DRIVER TO YIELD TO OVERTAKING VEHICLE FAILURE TO PROPERLY USE CHILD PASSENGER SAFETY SYSTEM, SAFETY BELTS, OR SAFETY HARNESS FAILURE TO CARRY/PRESENT CDL TO POLICE OFFICER FAILURE TO CARRY/PRESENT LICENSE TO POLICE OFFICER FAILURE TO DISPLAY LIGHTED HEADLIGHTS ON MOTORCYCLE/MOPED FAILURE TO DRIVE ON RIGHT FAILURE TO DRIVE ON RIGHT OF APPROACHING VEHICLE FAILURE TO DRIVE TO RIGHT ON DIVIDED HIGHWAY FAILURE TO DRIVE WITHIN LANE FAILURE TO FOLLOW RAIL CROSSING PROCEDURES FOR HIGH-RISK VEHICLES FAILURE TO KEEP CAMPER, TRAILER OR TRUCK IN RIGHT LANE FAILURE TO MAINTAIN A SAFE DISTANCE FROM AN EMERGENCY VEHICLE OR AMBULANCE FAILURE TO MAINTAIN SEAT BELTS IN WORKING ORDER FAILURE TO OBEY ONE-WAY DESIGNATION FAILURE TO OBEY TRAFFIC CONTROL DEVICE FAILURE TO OBEY TRAFFIC CONTROL DEVICE; USE HIGH OCCUPANCY VEHICLE LANE FAILURE TO OBEY TRAFFIC PATROL MEMBER FAILURE TO PERFORM DUTIES OF DRIVER WHEN ANIMAL IS INJURED FAILURE TO PERFORM DUTIES OF PERSON IN CHARGE OF LIVESTOCK ON HIGHWAY ,

18 OREGON OREGON OFFENSE STATUTE FAILURE TO REMOVE A MOTOR VEHICLE FROM A ROADWAY FAILURE TO SIGNAL WITH LIGHTS WHEN REQUIRED FAILURE TO STOP AND REMAIN STOPPED FOR A PEDESTRIAN IN A CROSSWALK FAILURE TO STOP AND REMAIN STOPPED FOR BLIND PEDESTRIAN FAILURE TO STOP FOR A PEDESTRIAN PROCEEDING UNDER A TRAFFIC CONTROL DEVICE FAILURE TO STOP FOR A PEDESTRIAN WHEN MAKING A TURN AT A STOP LIGHT FAILURE TO STOP FOR BUS SAFETY LIGHTS FAILURE TO STOP FOR PASSENGER LOADING OF PUBLIC TRANSIT VEHICLE FAILURE TO STOP FOR RAILROAD SIGNAL FAILURE TO STOP WHEN EMERGING FROM ALLEY, DRIVEWAY OR BUILDING FAILURE TO USE APPROPRIATE SIGNAL FOR AN EXIT FROM A ROUNDABOUT FAILURE TO USE APPROPRIATE SIGNAL FOR TURN, LANE CHANGE OR STOP FAILURE TO USE SPECIAL LEFT TURN LANE FAILURE TO USE VEHICLE TRACTION TIRES OR TRACTION DEVICES FAILURE TO YIELD RIGHT OF WAY AT AN UNCONTROLLED T INTERSECTION FAILURE TO YIELD RIGHT OF WAY AT UNCONTROLLED INTERSECTION FAILURE TO YIELD RIGHT OF WAY TO BICYCLIST ON A SIDEWALK FAILURE TO YIELD RIGHT OF WAY WITHIN A ROUNDABOUT FAILURE TO YIELD THE RIGHT OF WAY TO A FUNERAL PROCESSION FAILURE TO YIELD THE RIGHT OF WAY TO A HIGHWAY WORKER WHO IS A PEDESTRIAN FAILURE TO YIELD THE RIGHT OF WAY TO A TRANSIT BUS FAILURE TO YIELD TO A TRAFFIC PATROL MEMBER FAILURE TO YIELD TO EMERGENCY VEHICLE OR AMBULANCE FAILURE TO YIELD TO PEDESTRIAN ON SIDEWALK FAILURE TO YIELD TO RIDER ON BICYCLE LANE

19 OREGON OREGON OFFENSE STATUTE FOLLOWING TOO CLOSELY HAVING PASSENGER IN TRAILER ILLEGAL BACKING ILLEGAL OPERATION OF EMERGENCY VEHICLE OR AMBULANCE ILLEGAL U-TURN IMPEDING TRAFFIC IMPROPER MOVEMENT OF HEAVY EQUIPMENT ACROSS RAIL CROSSING IMPROPER OPENING OR LEAVING OPEN A VEHICLE DOOR IMPROPER TURN AT STOP LIGHT IMPROPER USE OF CENTER LANE ON THREE-LANE ROAD IMPROPERLY EXECUTED LEFT TURN IMPROPERLY EXECUTED RIGHT TURN IMPROPERLY SECURING A LOAD INTERFERENCE WITH EMERGENCY VEHICLE OR AMBULANCE INTERFERENCE WITH LIGHT RAIL, STREETCAR, TROLLEY OPERATION , OAR ; 49 CFR MINOR OPERATING A PUBLIC PASSENGER VEHICLE MINOR OPERATING A SCHOOL VEHICLE MISUSE OF A SPECIAL LEFT TURN LANE MOPED OR MOTORCYCLE OPERATION MORE THAN TWO ABREAST MOTORCYCLIST CLINGING TO ANOTHER VEHICLE MOTORCYLE OR MOPED UNLAWFULL PASSING IN A LANE WITH A VEHICLE OBSTRUCTING CROSS TRAFFIC OBSTRUCTING RAIL CROSSING DRIVING ONTO CROSSING WHEN SPACE ON OTHER SIDE NOT SUFFICIENT TO ACCOMMODATE VEHICLE (1) (a)

20 OREGON OFFENSE OBSTRUCTING RAIL CROSSING FAILURE OF CMV TO NEGOTIATE BECAUSE OF INSUFFICIENT UNDERCARRIAGE CLEARANCE OREGON STATUTE (1) OBSTRUCTION OF VEHICLE WINDOWS OPERATING A MOTOR VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE (b) OPERATING A MOTORCYCLE WITHOUT THE PROPER ENDORSEMENT (1) OPERATING A VEHICLE IN VIOLATION OF LICENSE RESTRICTIONS (2) OPERATING A VEHICLE WITH OBSTRUCTING PASSENGER OPERATING A VEHICLE WITHOUT DRIVING PRIVILEGES (1) OPERATING CMV WITH NO CDL LICENSE (1) OPERATING UNSAFE VEHICLE OPERATING VEHICLE THAT IS LOADED OR EQUIPPED TO OBSTRUCT DRIVER PASSING IN NO PASSING ZONE PASSING STOPPED VEHICLE AT CROSSWALK RECKLESS ENDANGERMENT OF HIGHWAY WORKERS BY DRIVING IN WORK ZONE IN A MANNER THAT ENDANGERS PERSON OR PROPERTY RECKLESS ENDANGERMENT OF HIGHWAY WORKERS BY REMOVING, EVADING, OR STRIKING CONSTRUCTION OR MAINTENANCE ZONE MARKERS REFUSING TO OBEY FLAGGER IN A HIGHWAY WORK ZONE SPEED RACING ON HIGHWAY TOW VEHICLE OPERATOR FAILURE TO REMOVE INJURIOUS SUBSTANCE UNLAWFUL COASTING ON DOWNGRADE UNLAWFUL INTERFERENCE WITH A TRAFFIC CONTROL DEVICE OR RAILROAD SIGN UNLAWFUL OPERATION OF MOTORCYCLE OR MOPED UNLAWFUL OR UNSIGNALED CHANGE OF LANE UNLAWFUL OR UNSIGNALED TURN UNLAWFUL STOP OR DECELERATION UNLAWFUL USE OF IMAGE DISPLAY DEVICE

21 OREGON OFFENSE OREGON STATUTE UNLAWFUL USE OF LIGHTS TO SIGNAL FOR PASSING UNLAWFUL USE OF OR FAILURE TO USE LIGHTS UNLAWFUL USE OF VEHICLE TELEVISION EQUIPMENT UNLAWFULLY CARRYING A PASSENGER ON A MOPED UNLAWFULLY CARRYING A PASSENGER ON A MOTORCYCLE UNSAFE PASSING OF A PERSON OPERATING A BICYCLE UNSAFE PASSING ON LEFT UNSAFE PASSING ON RIGHT UNSAFE SCHOOL VEHICLE OPERATIO VIOLATING A SPEED LIMIT DESIGNATED OR POSTED VIOLATION OF BASIC SPEED RULE VIOLATION OF LICENSE RESTRICTIONS DRIVING GOLF CART ON ROAD/STREET WITH A SPEED DESIGNATION GREATER THAN 25 MPH (2), (6) VIOLATION OF PROVISIONAL LICENSE CURFEW RESTRICTIONS (2) VIOLATION OF PROVISIONAL LICENSE PASSENGER RESTRICTION IN THE SECOND SIX MONTHS VIOLATION OF PROVISIONAL LICENSE PASSENGER RESTRICTIONS IN FIRST SIX MONTHS VIOLATION OF SPEED FOR TRUCKS AND PASSENGER TRANSPORT VEHICLES VIOLATION OF SPEED LIMIT IN SCHOOL ZONE VIOLATION OF SPEED LIMIT IN URBAN AREA VIOLATION OF SPEED LIMIT ON OCEAN SHORE VIOLATION OF VARIANCE PERMIT, OTHER THAN WEIGHT PROVISIONS (2) (2) (1)(b) (1)(e) (1)(d) (1)(c)

22 [ , Section (3): The following offenses have been repealed under Oregon law but still count as a conviction for an offense as set forth in section (1) of this rule if the person was convicted of the listed offense or it is an equivalent offense as described in section (4) of this rule: OREGON OFFENSE (FORMER) FAILURE TO STOP AND REMAIN STOPPED FOR A PEDESTRIAN IN A CROSSWALK FAILURE TO STOP FOR A PEDESTRIAN PROCEEDING UNDER A TRAFFIC CONTROL DEVICE FAILURE TO STOP FOR A PEDESTRIAN WHEN MAKING A TURN AT A STOP LIGHT VIOLATION OF MAXIMUM SPEED FOR RURAL INTERSTATE HIGHWAYS VIOLATION OF MAXIMUM SPEED FOR TRUCKS AND PASSENGER TRANSPORT VEHICLES OREGON STATUTE VIOLATION OF MAXIMUM SPEED LIMIT IN URBAN AREA VIOLATION OF MAXIMUM SPEED LIMIT ON OCEAN SHORE ] , Section [(4)] (3): Offenses from other states may be posted to driver records using an AAMVAnet Code Dictionary (ACD) code. This section identifies the code that appears on the driver record, a description of the offense and the ORS reference covering an equivalent offense(s) for Oregon: CODE DESCRIPTION OREGON EQUIVALENT STATUTE(S) A26 DRINKING ALCOHOL WHILE OPERATING A VEHICLE A31 ILLEGAL POSSESSION OF ALCOHOL A35 POSSESSION OF OPEN ALCOHOL CONTAINER B20 DRIVING WHILE LICENSE WITHDRAWN (1) B21 DRIVING WHILE LICENSE BARRED (1) B22 DRIVING WHILE LICENSE CANCELLED (1) B23 DRIVING WHILE LICENSE DENIED (1) B24 DRIVING WHILE LICENSE DISQUALIFIED (1) B25 DRIVING WHILE LICENSE REVOKED VIOLATION B26 DRIVING WHILE SUSPENDED - VIOLATION REDUCED

23 CODE DESCRIPTION OREGON EQUIVALENT STATUTE(S) B51 EXPIRED OR NO DRIVER LICENSE (DL, CDL, IP) (1) B56 DRIVING A CMV WITHOUT OBTAINING A CDL (1) B57 B91 DRIVING A CMV WITHOUT A CDL IN THE DRIVER S POSSESSION IMPROPER CLASSIFICATION OR ENDORSEMENT ON DRIVER LICENSE (DL, CDL, IP) (1) D27 VIOLATE LIMITED LICENSE CONDITIONS (2) D29 VIOLATE RESTRICTIONS OF DRIVER LICENSE (DL, CDL, IP) (2) D70 DRIVER S VIEW OBSTRUCTED , , D72 INABILITY TO CONTROL VEHICLE D74 D75 E54 OPERATING A MOTOR VEHICLE IMPROPERLY BECAUSE OF DROWSINESS OPERATING A MOTOR VEHICLE IMPROPERLY DUE TO PHYSICAL OR MENTAL DISABILITY FAILURE TO USE HEADLIGHT DIMMER AS REQUIRED (6), E55 FAILURE TO USE LIGHTS AS REQUIRED (1), , E57 F02 FAILURE TO USE SNOW TIRES OR CHAINS AS REQUIRED CHILD OR YOUTH RESTRAINT NOT USED PROPERLY AS REQUIRED F04 SEAT BELT NOT USED PROPERLY AS REQUIRED (1) F05 F06 F34 F66 CARRYING UNSECURED PASSENGERS IN OPEN AREA OF VEHICLE IMPROPER OPERATION OF OR RIDING ON A MOTORCYCLE STOPPING, STANDING OR PARKING: OBSTRUCTING OR IMPEDING TRAFFIC OPERATING UNSAFE VEHICLE NO SPECIFIED COMPONENT , , M02 FAILURE TO OBEY BARRIER ,

24 CODE M03 DESCRIPTION FAILURE TO OBEY CONSTRUCTION OR MAINTENANCE ZONE MARKERS M04 FAILURE TO OBEY FLAGGER OREGON EQUIVALENT STATUTE(S) M05 FAILURE TO OBEY LANE MARKINGS OR SIGNAL , , , , , , , M08 FAILURE TO OBEY POLICE OR PEACE OFFICER M09 M10 FAILURE TO OBEY RAILROAD CROSSING RESTRICTIONS FAILURE TO OBEY RAILROAD GATES, SIGNS OR SIGNALS OR ENFORCEMENT OFFICIAL AT RAILROAD CROSSING , , , M11 FAILURE TO OBEY RESTRICTED LANE , , M12 FAILURE TO OBEY SAFETY ZONE M13 FAILURE TO OBEY SCHOOL CROSSING GUARD M14 FAILURE TO OBEY SIGN OR TRAFFIC CONTROL DEVICE M15 FAILURE TO OBEY STOP SIGN M16 FAILURE TO OBEY TRAFFIC SIGNAL OR LIGHT , M17 FAILURE TO OBEY TRAFFIC SIGN , M18 FAILURE TO OBEY WARNING LIGHT OR FLASHER M19 FAILURE TO OBEY YIELD SIGN M20 M21 FAILURE TO SLOW DOWN AND CHECK FOR APPROACHING TRAIN FOR DRIVERS NOT ALWAYS REQUIRED TO STOP - FAILURE TO STOP BEFORE REACHING TRACKS AT A RAILROAD CROSSING WHEN THE TRACKS ARE NOT CLEAR M22 FOR DRIVERS ALWAYS REQUIRED TO STOP - FAILURE TO STOP AS REQUIRED BEFORE DRIVING ONTO RAILROAD CROSSING