(1) DMV will review a report received under OAR 735-074-0120 to determine if sufficient information has been provided. If the report does not:
- (a) Contain the information required by OAR 735-074-0120, DMV may contact the reporting physician or health care provider or return the form for completion.
- (b) Meet the requirements for a mandatory report, but is of a possible mental or physical condition or impairment that indicates the person is no longer qualified to hold a driver license, driver permit or endorsement or may no longer be able to drive safely, DMV will review the report under the non-mandatory program described in OAR chapter 735, division 076, to determine what action, if any, is appropriate.
- (2) Using the standards set forth in OAR 735-074-0130, or when otherwise recommended by the Medical Determination Officer based on the Medical Determination Standards defined in OAR 735-074-0072 and current medical knowledge and practice, DMV will suspend driving privileges or the right to apply for driving privileges under ORS 809.419(3), if DMV determines from the report submitted under OAR 735-074-0120 that the person has a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle upon the highways. DMV will immediately suspend a person’s driving privileges or the right to apply for driving privileges if DMV has reason to believe the person may endanger people or property if not immediately suspended. A suspension under this section shall remain in effect until the person completes all DMV requirements, which may include obtaining a determination of medical eligibility, meeting visual acuity and field of vision standards, and passing DMV tests.
- (3) If DMV receives a report that indicates that a person’s vision does not meet the vision standards set forth in OAR 735-062-0050, DMV will immediately suspend the person’s driving privileges or right to apply for driving privileges under ORS 809.419(3). To be eligible for reinstatement of driving privileges the person must: submit proof from a licensed optometrist or physician who specializes in the diagnosis and treatment of eye diseases that the person’s vision, with or without corrective lenses, meets the vision standards set forth in OAR 735-062-0050. A suspension under this section shall remain in effect until the person provides documentation to DMV that the person meets the visual acuity and field of vision standards.
(4) A person whose driving privileges and right to apply for driving privileges are suspended because of a functional impairment may request to be tested by DMV to demonstrate that notwithstanding the impairment, the person is qualified to safely operate a motor vehicle. If the request is granted, DMV will administer a vision test under OAR 735-062-0050, a knowledge test under OAR 735-062-0040 and a DMV drive test under OAR 735-062-0070. DMV will deny the request if it has reason to believe the person is unable to safely operate a motor vehicle during a drive test. If the request is denied, DMV may give the person tests if the person:
- (a) Submits proof of successful completion of a driver rehabilitation program conducted by a rehabilitation specialist;
- (b) Submits proof of successful completion of a driver training course conducted by an ODOT certified commercial driver training school; or
- (c) Submits proof that the person’s motor vehicle is equipped with an appropriate adaptive device(s), such as hand controls, and provides documentation that the person knows how to use and has practiced with the adaptive devices(s).
- (5) A person whose driving privileges and right to apply for driving privileges are suspended because of a cognitive impairment or a cognitive impairment in conjunction with a functional impairment reported under OAR 735-074-0110 may request to be tested by DMV to demonstrate that notwithstanding the disorder or the impairment, the person is qualified to safely operate a motor vehicle. Before DMV will grant the request to be tested, the Medical Determination Officer must determine that the person is medically eligible to take tests. If eligible for testing, the person must first pass a vision test under OAR 735-062-0050 and a knowledge test under OAR 735-062-0040, and then a DMV drive test under OAR 735-062-0070.
- (6) A request for testing under sections (4) and (5) of this rule must be made by contacting DMV headquarters as described in the suspension notice or letter informing the person they are medically eligible to take tests.
- (7) For a cognitive impairment or a cognitive impairment in conjunction with a functional impairment, the testing described in section (5) of this rule must be completed prior to a required medical recertification, if any.
- (8) DMV will notify the reporting physician or health care provider if the person’s driving privileges are reinstated.
- (9) When the person voluntarily surrenders driving privileges as set forth in OAR 735-062-0135(4), DMV will rescind any suspension imposed prior to the voluntary surrender under sections (2) or (3) of this rule. The person may be eligible for a no-fee identification card.
- (10) DMV may suspend a person’s right to apply for driving privileges under section (2) or (3) of this rule and ORS 809.360 if the person has voluntarily surrendered their driving privileges under section (9) of this rule and DMV subsequently receives information indicating the person is operating a motor vehicle without driving privileges and the person has not received a determination of medical eligibility by DMV’s Medical Determination Officer.
- (11) If DMV determines a person is medically eligible for driving privileges, DMV may require the person to provide periodic medical or vision information based on the recommendation of either the MDO, or the person’s treating physician, health care provider, or vision specialist. The determination of medical eligibility made by the MDO may contain testing and recertification requirements including the time period for recertification.
- (12) If the MDO requires medical or vision recertification, DMV shall use the recertification process described in OAR 735-076-0035 for a person who regains or fails to regain driving privileges. If the person fails to regain driving privileges, the person may continue to attempt to pass all required tests until DMV imposes a medical recertification cancellation pursuant to the recertification process unless the person has been denied further testing under OAR 735-074-0180(3)(c). Once a medical recertification cancellation is in effect, the person is no longer eligible to take tests. The person must receive a new determination of medical eligibility prior to attempting to complete the testing requirement.
(13) If DMV requires a person to submit periodic:
- (a) Medical information, DMV will send the person a cancellation notice at least 60 days before the recertification is due, and include a Driver Medical Report form (DMV form 735-6587) with instructions to return the Driver Medical Report form and any additional pertinent medical information within 60 days from the date of the notice to avoid cancellation. If the person fails to provide the medical information within 60 days from the date of notice, the cancellation takes effect on the 61st day.
- (b) Vision information, DMV will send the person a cancellation notice at least 60 days before the recertification is due, and include a Certificate of Vision form (DMV form 735-24) and instructions to return the Certificate of Vision form showing the person meets state vision standards under OAR 735-062-0050, within 60 days from the date of the notice to avoid cancellation. If the person fails to provide the vision information within 60 days from the date of notice, the cancellation takes effect on the 61st day.
- (14) A person may be required to successfully complete DMV testing or may have driving privileges suspended based on information contained in the Driver Medical Report form (DMV form 735-6587) or periodic Certificate of Vision form (DMV form 735-24) submitted under section (10) of this rule. When a person has suffered a loss of consciousness or control and there are no additional functional or cognitive concerns, DMV’s Medical Determination Officer may waive testing.
Statutory/Other Authority
ORS 184.619, 802.010, 807.340, 807.710 & 809.419
Statutes/Other Implemented
ORS 807.340 & 807.710
History
DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 15-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 17-2011, f. 12-22-11, cert. ef. 1-1-12
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 1-2005, f. & cert. ef. 1-20-05
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03