OAR 735-050-0070: Suspensions and Future Responsibility Filing Requirements for Uninsured Accidents

(1) When an accident is not required to be reported to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) under ORS 811.720, DMV shall determine that a person was operating a vehicle in violation of ORS 806.010 at the time of an accident if DMV receives a report to that effect from a police officer, law enforcement agency, an insurance carrier or insurance producer (agent), or any person involved in the accident. (2) When DMV determines that a person was operating a vehicle in violation of ORS 806.010 at the time of an accident as described in section (1) of this rule, DMV shall suspend the person’s driving privileges under ORS 809.417(2)(a) unless or until the person complies with future responsibility filing requirements. (3) When an accident is required to be reported to DMV under ORS 811.720, DMV shall determine that a person was operating a vehicle in violation of ORS 806.010 at the time of an accident if: (a) The person does not provide proof of compliance with financial responsibility requirements, as defined in OAR 735-050-0055, to DMV as required under ORS 811.725(1)(c); or (b) The person acknowledges on a collision report under ORS 811.725 that, at the time of the accident, they were not insured while driving the vehicle involved in the accident. (4) When DMV determines that a person was operating a vehicle in violation of ORS 806.010 at the time of an accident as described in section (3) of this rule, DMV shall suspend the person’s driving privileges under ORS 809.417(2)(a) unless or until the person complies with future responsibility filing requirements. (5) DMV shall rescind the suspension notice or suspension and future responsibility filing requirement described in section (4) of this rule if the person provides proof of compliance with financial responsibility requirements to DMV as defined in OAR 735-050-0055. (6) DMV shall determine that a person falsely certified the existence of a motor vehicle liability insurance policy if an insurer notifies DMV that the person’s certification of compliance with financial responsibility requirements made on a collision report under ORS 811.725 is not correct. (7) When DMV determines that a person falsely certified the existence of a motor vehicle liability insurance policy as described in section (6) of this rule, DMV shall suspend the driving privileges of the person under ORS 809.415(2) unless or until the person complies with future responsibility filing requirements. (8) DMV shall rescind the notice of suspension or suspension and future responsibility filing requirement described in section (2) or (7) of this rule if the person provides DMV with proof of compliance with financial responsibility requirements in the form of an official statement, written on the insurance company’s letterhead and signed by an authorized employee of that insurer, indicating that the person or vehicle was insured at the time of the accident under a motor vehicle liability insurance policy that meets the requirements described under ORS 806.080. (9) Pursuant to ORS 809.415(3), DMV shall suspend the driving privileges of a person who, after complying with their initial obligation to make a future responsibility filing under ORS 809.417(2) or section (7) of this rule, allows the filing to lapse. (10) DMV shall terminate requirements for a future responsibility filing required by section (7) or (9) of this rule, as provided in ORS 806.245. (11) DMV shall grant a pre-suspension hearing under ORS 809.440(1), upon timely request by any person whose driving privileges DMV proposes to suspend, as described in sections (2), (4) or (7) of this rule. The suspension will not take effect pending the outcome of the hearing and DMV shall impose the suspension and future responsibility filing requirement if the administrative law judge affirms the suspension and future responsibility filing requirement following the hearing. (12) If no pre-suspension hearing is held, a person may be entitled to a post-imposition hearing in accordance with ORS 809.450. The suspension will remain in effect pending the outcome of the hearing. (13) A person whose suspension under ORS 809.415(3) is based on allowing a filing of future responsibility to lapse after the initial filing has been made, as described in section (9) of this rule, is entitled to administrative review under ORS 809.440 as provided in ORS 809.415(3)(c).