OAR 735-074-0212: Restricted Applicant Temporary Permit

(1) When a person does not have Oregon driving privileges, their right to apply for driving privileges is suspended under these OAR 735, division 074, rules and the person has medical or testing requirements that must be met prior to DMV issuing driving privileges, DMV may issue a Restricted Applicant Temporary Permit that allows the person to take driving lessons for a Class C noncommercial driver license or be evaluated by an occupational therapist or other diagnostic or rehabilitative specialist. The permit may be issued for 30 days, and extended for an additional 30 days with sufficient cause pursuant to ORS 807.310(4). (2) An applicant for a permit under this rule must meet all eligibility requirements listed in section (10) of this rule. (3) Upon issuance of a Restricted Applicant Temporary Permit, the suspension is partially stayed for the period the permit is valid and only for the purpose of operating a motor vehicle when the permit holder is driving with the driving instructor, occupational therapist or rehabilitative specialist identified on the permit. The person’s driving privileges otherwise remain suspended. (4) At the end of the Restricted Applicant Temporary Permit period, if the person has not successfully completed a driving test given by a DMV employee, or is not otherwise eligible for driving privileges, the Restricted Applicant Temporary Permit expires and the partial stay of the person’s suspension is rescinded. (5) When the partial stay of a person’s suspension is rescinded upon expiration of the Restricted Applicant Temporary Permit under section (4) of this rule, DMV is not required to provide the person with further notice or an opportunity for a contested case hearing. (6) If a person's driving privileges are cancelled and the driver is denied further testing under OAR 735-062-0073, the person may apply for a Restricted Applicant Temporary Permit for the express purpose of taking driving lessons if DMV determines that, with driving lessons, the person may learn to safely operate a motor vehicle. (7) An applicant for a permit under section (6) of this rule must, in addition to meeting all eligibility requirements listed in section (10) of this rule, provide sufficient information to show that there is a reasonable likelihood that driving lessons will improve the person's ability to safely operate a motor vehicle. Such information may include, but is not limited to: (a) Medical information; (b) Information from a rehabilitation specialist that the person may benefit from lessons to learn to use an adaptive device or technique; or (c) A statement from a person which includes information showing that, with driving lessons, the applicant is likely to learn to safely operate a motor vehicle. (8) Driving lessons must be provided by a commercial driving instructor certified by DMV under OAR 735-160-0011, rehabilitation specialist or other licensed driver approved by DMV as an instructor under sections (11) and (12) of this rule. (9) A Restricted Applicant Temporary Permit only allows the person to drive with an instructor during driving lessons and at no other time. (10) To be eligible for a Restricted Applicant Temporary Permit under section (1) and (6) of this rule, the person must: (a) If required by DMV, receive a determination of medical eligibility from the Medical Determination Officer; (b) Apply for driving privileges, and specifically request a restricted permit for the purpose of taking driving lessons prior to taking a drive test; (c) Pass a DMV vision test or submit a Certificate of Vision showing that the person's vision meets DMV standards; and (d) Pass a DMV knowledge test. (11) DMV may approve a licensed driver to provide driving lessons to a person as provided under this rule when DMV determines: (a) The person lives more than 50 miles from the nearest commercial driving instructor certified by DMV under OAR 735-160-0011 or a rehabilitation specialist; or (b) The person lives closer than 50 miles from the nearest commercial driving instructor certified by DMV under OAR 735-160-0011 or rehabilitation specialist, but DMV determines barriers, other than distance, exist and make it unreasonable for the applicant to take lessons from any commercial driving instructor or rehabilitation specialist that is located within the 50 miles of the person’s domicile. (12) A licensed driver may qualify to provide driving lessons to a person as provided under this rule when the licensed driver meets all of the following requirements: (a) The licensed driver has no familial, personal or social relationship with the applicant; (b) The licensed driver holds a valid, Oregon driver license, unrestricted for anything other than corrective lenses or organ donor, for at least the most recent five-year period; (c) The licensed driver has no preventable crashes, as defined in OAR 735-072-0020, citations for moving violations, or convictions for driving-related offenses for the most recent 5-year period; and (d) The licensed driver has maintained automobile insurance for the most recent 5-year period.