OAR 735-076-0005: Reporting Requirements

(1) In order for DMV to process a non-mandatory report that indicates a person may no longer be qualified for driving privileges or may no longer be able to safely operate a motor vehicle, the report must be in writing and contain: (a) The name of the person making the report; (b) Either: (A) The signature of the person making the report, including a police officer; or (B) When the reporter is a police officer, the officer’s employing law enforcement agency and Department of Public Safety Standards and Training (DPSST) number; (c) The name and date of birth of the person being reported, or a description of the person sufficient for DMV to identify the reported person from its records; and (d) Sufficient information to give DMV reason to believe the person may no longer be qualified to hold a driver license, driver permit, or endorsement or may no longer be able to drive safely. For purposes of this rule, sufficient information includes, but is not limited to, one or more of the following: (A) A physician or health care provider report of a physical or mental condition or impairment that is not reportable as required under OAR chapter 735, division 074, but does provide enough information to give DMV reason to believe the person may no longer be qualified to hold a driver license, driver permit, or endorsement or may no longer be able to drive safely. (B) A report from a physician or health care provider licensed in another jurisdiction about an Oregon resident, or a person who has an valid Oregon driver license or driver permit, with a physical or mental condition or impairment that includes information that gives DMV reason to believe the person may no longer be qualified to hold a driver license or driver permit or may no longer be able to drive safely. (C) A report of a physical or mental condition or impairment, and a description of either: (i) How the person's ability to safely operate a motor vehicle is affected; or (ii) A description of unsafe or dangerous driving behavior. (D) A report by a police officer, physician, health care provider, or a physician or health care provider from another jurisdiction where a physical or mental condition or impairment is stated as a cause or possible cause of a crash or unsafe or dangerous driving behavior. (E) A report of unsafe or dangerous driving behavior and DMV has reason to believe the driving behavior is likely to recur or similar driving behavior has previously been reported to DMV. (2) All written documentation voluntarily submitted under this rule, including the name of the person submitting the documentation, will be kept confidential and not released to any person unless: (a) The report was submitted by a police officer or judge acting within the scope of their official duties; (b) DMV determines the documentation, or any portion thereof, must be released pursuant to the Oregon Public Records Law, ORS 192.311 to 192.338, or the Attorney General or a court orders disclosure in accordance with the Public Records Law; or (c) The documentation is determined by DMV to be necessary evidence in an administrative proceeding involving the suspension or cancellation of the person's driving privileges or right to apply for driving privileges. (3) DMV may request more information from the person making the report if the initial report does not have sufficient information to give DMV reason to believe the person may no longer be qualified to hold a driver license, driver permit, or endorsement or may no longer be able to drive safely. (4) DMV may accept and process multiple reports regarding similar behavior, similar concerns or the same event; if the reports, taken together, include all required elements as described in section (1) of this rule.