OAR 735-064-0070: Ignition Interlock Device (IID) Requirement for Issuance of Hardship Permits

(1) A person who applies for a hardship permit or a person issued a hardship permit must install an IID in any vehicle operated by the person if the person’s driving record shows any of the following: (a) A current suspension based on a conviction for DUII in an Oregon court; or (b) A current IID required: (A) As a condition of a DUII diversion agreement; (B) By ORS 813.602(1) or (2) following the end of a suspension or revocation of driving privileges based on a conviction for DUII or any crime that carries a statutory minimum one-, two- or five-year IID requirement; or (C) As a result of DMV not receiving an IID No Negative Certificate (Oregon State Police Form 257-0007) that would end the applicant’s IID requirement. (2) As a condition of a hardship permit, the IID must be installed, maintained and used in any vehicle the person operates for the duration of the person’s IID requirement. The IID requirement may exceed the period the person’s permit is valid. (3) When installation of an IID is required, DMV will not issue a hardship permit to the person until a provider submits an installation report form showing an approved device has been installed in each vehicle the person intends to operate during the permit period. (4) When a person who has been issued a hardship permit is required to install an IID due to information added to the person’s driving record after the hardship permit was issued, DMV will suspend the person’s hardship permit as described in OAR 735-064-0110. (5) Notwithstanding section (1) of this rule, DMV may issue a hardship permit to a person who has not installed an IID if the person will only operate a vehicle(s) owned or leased by their employer during the course and scope of the person’s employment. For purposes of ORS 813.606, DMV will place a notation on the hardship permit issued to the person that the person's employer has been informed of the IID requirement. The applicant must submit: (a) A letter on business letterhead, signed by the employer, stating that the employer has been informed of the IID requirement and that the person is required to operate the employer's vehicle(s) in the course and scope of employment; or (b) An Employer IID Exception form (DMV Form 735-6874) completed by the employer. (6) For purposes of ORS 813.606, a person who is self-employed is not an employee and DMV will not place an employer IID exception notation on the person's driving record. (7) Notwithstanding section (1) of this rule, DMV may issue a hardship permit to a person who has not installed an IID if the person has been issued a medical exemption under OAR 735-070-0082. (8) The hardship permit will contain a restriction that the person may only operate vehicles equipped with an IID. If the person operates a vehicle owned or leased by the person's employer in the course and scope of employment or has been issued a medical exemption, the hardship permit driving restrictions will state that the person must have in their possession a copy of the employer's IID exception letter, a completed DMV Employer IID Exception form, an IID medical exemption letter issued by DMV, or an IID medical exemption approval issued by a court. (9) The IID restriction in a hardship permit will specify the length of time allowed for the person to travel to and from an IID provider’s facility to have the IID calibrated as defined in OAR 257-100-0055.