OAR 735-076-0007: DMV Response to Non-Mandatory Report

DMV will review a non-mandatory report meeting the requirements under OAR 735-076-0005 to determine the appropriate action to take, which may include any or all of the following: (1) No action if the report does not give DMV reason to believe the person being reported is no longer qualified to hold a driver license, driver permit, or endorsement or is no longer able to drive safely. This includes a report: (a) From a physician or health care provider or a physician or health care provider from another jurisdiction indicating the condition or impairment is not likely to recur or does not affect the person’s ability to drive safely; or (b) A report of driving behavior that describes a single incident with no indication of a mental or physical condition or impairment affecting the person’s ability to safely drive. (2) The person may be required to reestablish eligibility by passing DMV tests under ORS 807.070 when the report is one or more of the following: (a) A report of a mental or physical condition or impairment that may affect the person’s ability to safely operate a motor vehicle, not including a loss of consciousness or control or a problem condition involving an intoxicant; (b) A report of unsafe or dangerous driving behavior only; or (c) The person was reported as described in OAR 735-076-0005(1)(d)(A) or (B) and the report indicates a concern with the person’s ability to safely operate a motor vehicle, not including loss of consciousness or control or a problem condition involving an intoxicant. (3) The person may be required to provide a Certificate of Vision form (DMV form 735-024) when the report indicates that the person’s vision may not meet the vision standards set forth in OAR 735-062-0050. (4) The person may be required to receive a determination of eligibility from the Medical Determination Officer under ORS 807.090 by submitting a Driver Medical Report form (DMV form 735-6587) completed by the driver’s treating physician or health care provider, when the report indicates one or more of the following: (a) A loss of consciousness or control is a cause or possible cause of a crash or of unsafe or dangerous driving behavior. (b) The person was reported as described in OAR 735-076-0005(1)(d) and the report is from: (A) A police officer, physician, or health care provider as described in OAR 735-076-0005(1)(d)(D); or (B) A physician or health care provider from another jurisdiction about an Oregon resident, or a person who has a valid Oregon driver license or driver permit, with a physical or mental condition or impairment, and based on clinical contact with the person being reported which occurred within the last six months. (c) A condition or impairment that involves the loss of consciousness or control, or a possible problem condition involving an intoxicant and DMV has reason to believe from the report that the person may no longer be qualified for driving privileges or may no longer be able to safely operate a motor vehicle, including but not limited to: (A) The person was reported as described in OAR 735-076-0005(1)(d)(A) or (B) and the report is of a loss of consciousness or control; or a problem condition involving an intoxicant; (B) Evidence of continued episodes of loss of consciousness or control despite current treatment; or (C) Evidence of a problem condition involving an intoxicant. (5) An immediate suspension of the person’s driving privileges under ORS 809.419(3)(c), when the report provides DMV reason to believe that the person may endanger people or property if not immediately suspended. To regain driving privileges after an immediate suspension, the person must reestablish eligibility for driving privileges by submitting a Driver Medical Report form (DMV form 735-6587) completed by the driver’s treating physician or health care provider and receiving a determination of eligibility from the Medical Determination Officer under ORS 807.090, and one or both of the following: (a) Successfully taking tests under ORS 807.070; or (b) Submitting a Certificate of Vision form (DMV Form 735-024) showing the applicant meets vision standards. (6) Notwithstanding section (1) of this rule, DMV may respond to multiple reports regarding similar behavior, similar concerns or the same event; as described in sections (2) through (5) of this rule. DMV may respond in this manner when the reports, taken together, provide the elements to satisfy the requirements of sections (2) through (5) of this rule; and the reports are received within a reasonable time of one another.