1. (1) It is the policy of DMV to promote safety for all persons who travel or otherwise use the public highways of this state.
2. (2) The underlying policy of the Department's rules on at-risk drivers is to preserve the independence, dignity, and self-esteem that result from providing one's own mobility, so long as it is possible to do so without risk to oneself or to others.
3. (3) It is therefore an objective of these OAR 735, division 076, rules to establish a program for the non-mandatory reporting to DMV of those drivers who have a mental or physical condition or impairment that may affect driving ability, or drivers who have demonstrated unsafe or dangerous driving behaviors.

4. (4) DMV may receive information that indicates a person may no longer be qualified to hold a driver license, driver permit or endorsement or may no longer be able to drive safely. Information about a person may come from many sources, including but not limited to, a report from any of the following:

   1. (a) A physician or health care provider;
   2. (b) A physician or health care provider from another jurisdiction;
   3. (c) Any member of the public, including a family member, friend or neighbor;
   4. (d) A report from a police officer or a court;
   5. (e) A DMV representative; or
   6. (f) The person, when the person seeks issuance, renewal or replacement of their driving privileges from DMV, or when the person voluntarily requests to take a DMV test.

5. (5) A report may describe:

   1. (a) A possible mental or physical condition or impairment, a vision problem, or a possible problem condition involving an intoxicant that indicates the person is no longer qualified to hold a driver license, driver permit or endorsement;
   2. (b) An unsafe or dangerous driving behavior that indicates the person is not able to drive safely;
   3. (c) That the person no longer has the skills necessary to safely operate a motor vehicle; or
   4. (d) That the person could have a loss of consciousness or control while driving, resulting in loss of control of a motor vehicle.

6. (6) These OAR 735, division 076, rules provide procedures for:

   1. (a) Review of non-mandatory reports;
   2. (b) Obtaining of required information necessary to determine if a person remains qualified for driving privileges; and
   3. (c) Taking of necessary action when a determination is made that the person is no longer qualified for driving privileges.

Statutory/Other Authority

ORS 184.619, 802.010, 807.340 & 809.419

Statutes/Other Implemented

ORS 807.340

History

DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 34-2023, amend filed 11/14/2023, effective 11/14/2023
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
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 36-2018, amend filed 08/22/2018, effective 08/22/2018
DMV 6-2006, f. & cert. ef. 5-25-06
DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03
MV 19-1987, f. 9-21-87, ef. 9-27-87, Renumbered from 735-031-0440