ovc book 2017 (final) - oregon$'0,1,675$7,9( 3529,6,216 7lwoh page 27 (2017 edition) general...

Chapter 8022019 EDITION

Administrative Provisions

GENERAL PROVISIONS802.010 Duties of Department of Transportation

regarding motor vehicles and drivers802.012 Rules for acceptance of information sub-

mitted other than on paper; effect ofsubmission

802.020 Administrative facilities for enforcementof motor vehicle laws

802.031 Designation of dealers and others asagents of department

802.040 Specification of certain ways of reporting802.050 Publications; fees802.060 Acceptance of grants and other moneys

for traffic safety programs; contracts802.070 Department to assist schools in promoting

highway safety802.075 Rules for accident prevention course802.087 Rules for assisting offenders in obtaining

driver license or identification card802.091 Removal of debris following motor vehicle

accident

FINANCIAL ADMINISTRATION802.100 Accounts related to driver and vehicle

services; uses802.110 Procedures for financial administration;

receipt and disposition of moneys; re-funds; payments; limitations

802.112 Surcharge for certain transactions; rules802.120 Snowmobile fuel tax moneys; amount;

disposition802.125 Transfer of all-terrain vehicle fuel taxes

or special use fuel license fees802.155 Safety Education Fund; uses802.160 Use of revocation and suspension rein-

statement fees802.170 Uncollectible tender of payment; proce-

dures

RECORDS802.175 Definitions for ORS 802.175 to 802.191802.177 Prohibition on release of personal infor-

mation from motor vehicle records802.179 Exemptions from prohibition on release

of personal information from motor vehi-cle records; rules

802.181 Redisclosure by authorized recipients ofpersonal information from motor vehiclerecords

802.183 Fees for and rules regarding release ofpersonal information from motor vehiclerecords

802.185 Notice to individual of certain requestsfor information; waiver

802.187 Relationship to other privacy statutes;access to information about self

802.189 Criminal penalty for violation of ORS802.175 to 802.187

802.191 Civil action for violation of ORS 802.175 to802.187

802.195 Social Security numbers; disclosure; fees;penalty

802.200 Required records; rules802.202 Conditions for disclosure of drug test re-

sults802.210 Records of notification of approaching ex-

piration of registration or license not re-quired

802.220 Availability of records; fees authorized802.230 Fees for records802.240 Driver and vehicle records as evidence802.250 Records containing residence address of

eligible public employee or householdmember

802.253 Records containing residence address ofcorrections officer or household member

802.255 Exchange of information for implementa-tion of ORS 802.250 and 802.253

802.260 Driver license and identification card re-cords; contents; copies to counties; fees

802.270 Records of insurance information

TRANSPORTATION SAFETY PROGRAMS AND TRAFFIC SAFETY EDUCATION

802.300 Transportation Safety Committee; mem-bers, compensation, expenses; staff

802.310 Transportation safety programs; adminis-trator

802.315 Department authority to apply for andreceive federal highway safety programgrants and other funds; local governmentprogram participation

802.320 Motorcycle safety program; contents; fees;contracts

802.325 Bicycle safety program; contents; fees802.329 City and county highway safety program

participation authorized802.331 Highway Safety Trust Account802.340 Transportation Safety Account; uses; Mo-

torcycle Safety Subaccount

COMMITTEES AND BOARDS802.350 Winter Recreation Advisory Committee;

members; meetings; rules802.370 Advisory committee on vehicle dealer

regulation; members; compensation

RECIPROCAL AGREEMENTS ANDINTERSTATE COMPACTS

802.500 Authority for reciprocal registrationagreements; permitted provisions; re-quirements; limitations

802.520 Authority to grant registration privilegesor exemptions to vehicles registered inother jurisdictions; declaration; limita-tions

Title 59 (2019 Edition)

OREGON VEHICLE CODE

802.530 Authority of department for reciprocalagreements concerning traffic offenses;permitted provisions; fees; limitations;rules; report

802.540 Driver License Compact802.550 Administrative provisions relating to li-

cense compact

802.560 Multistate Highway TransportationAgreement

802.565 Participation by department and paymentof fees

802.570 Compensation and reimbursement for leg-islative representative under MultistateHighway Transportation Agreement

AGREEMENTS WITH PRIVATECONTRACTORS

802.600 Agreements to transact department busi-ness; fees; rules


ADMINISTRATIVE PROVISIONS 802.031

GENERAL PROVISIONS802.010 Duties of Department of

Transportation regarding motor vehiclesand drivers. (1) The Department of Trans-portation shall perform all of the duties,functions and powers with respect to the fol-lowing:

(a) The administration of the laws relat-ing to the motor vehicle fuel license tax,aircraft fuel license tax and use fuel licensetax including ORS chapter 319.

(b) The administration of the laws relat-ing to motor vehicle registration and titlingand the issuance of certificates to vehicledealers and dismantlers including but notlimited to the administration of the vehiclecode.

(c) The administration of the laws relat-ing to driving privileges granted under li-censes and permits and under the vehiclecode.

(d) The administration of the laws relat-ing to operation of vehicles on highways andof vehicle size, weight and use limits underthe vehicle code.

(e) The administration of ORS 820.130and 820.140.

(f) The administration of the provisionsrelating to proof of compliance with financialresponsibility requirements and future re-sponsibility filings.

(2) The Director of Transportation shallact as a reciprocity officer for the purposesof ORS 802.500 and 802.520.

(3) The director shall have the authorityto execute or make such arrangements,agreements or declarations to carry out theprovisions of ORS 802.500 and 802.520. Thedirector shall receive no additional compen-sation for service performed under this sub-section but shall be allowed actual andnecessary expenses incurred in the perform-ance of the duties to be paid from the ac-count of the department. [1983 c.338 §114; 1985c.16 §30; 1985 c.668 §1; 1991 c.407 §20; 1993 c.741 §71; 1995c.733 §82; 2001 c.104 §297; 2005 c.654 §37; 2019 c.312 §8]

802.012 Rules for acceptance of infor-mation submitted other than on paper;effect of submission. (1) Notwithstandingother provisions of the Oregon Vehicle Coderelating to certifications, signatures, formsor similar requirements, the Department ofTransportation may adopt rules for accept-ance and verification by telephone or elec-tronic means of information customarilyprovided on paper forms. Rules shall address:

(a) The use of credit card, debit cardpersonal identification numbers or otheridentification numbers as a means of iden-tification;

(b) The acceptance of information andstatements given orally, over the telephoneor mechanically by electronic data entry; and

(c) The use of mechanically producedequivalents or other unique identifiers inlieu of handwritten signatures as a means ofobtaining certification of information andstatements that are required to be submittedand certified.

(2) Whenever a person submits informa-tion to the department in compliance with arequirement of statute or rule, the sub-mission shall constitute a certification as tothe truth and accuracy of the information.This subsection applies whether the informa-tion is submitted in the form of a documentor in some other form and whether or notthe person signs what is submitted. [1993 c.751§§8,8a]

802.020 Administrative facilities forenforcement of motor vehicle laws. TheDepartment of Transportation:

(1) Shall purchase the necessary station-ery, record books, registration plates andpostage, provide for the printing and allother necessary and incidental expenses, em-ploy the necessary clerical assistance, andlease such real estate and buildings as thedepartment deems necessary to carry outfully the objects and purposes of the motorvehicle laws which it is required to adminis-ter.

(2) Is authorized and directed to pay anyclaims therefor in the manner provided bylaw out of the money received under theprovisions of the vehicle code.

(3) May share space in any leased build-ing with any other state officer, department,board or commission, for the conduct of thebusiness of the state.

(4) Subject to approval under this sub-section, may acquire by purchase, agreementor donation, real property or any right orinterest therein for office buildings and nec-essary appurtenant facilities. Before the de-partment may exercise any authority underthis subsection the department must havethe approval of:

(a) The committee of ways and means es-tablished under ORS 171.555 if the Legisla-tive Assembly is in session.

(b) The Emergency Board created underORS 291.324 if the Legislative Assembly isnot in session. [1983 c.338 §115]

802.030 [1983 c.338 §116; 1985 c.16 §31; 1985 c.171 §3;1985 c.416 §6; 1987 c.146 §1; repealed by 1997 c.583 §9]

802.031 Designation of dealers andothers as agents of department. (1) Noth-ing in ORS 802.600 prohibits the Departmentof Transportation from adopting rules to:


802.040 OREGON VEHICLE CODE

(a) Authorize persons to act as agents forthe department for the purpose of issuingwinter recreation parking permits.

(b) Designate vehicle dealers holding avalid certificate issued under ORS 822.020 or822.040 to act as agents of the department forpurposes of accepting documents and feesnecessary to title and register any vehiclethe vehicle dealer sells, or to perform otherduties the department may authorize. Otherduties may include, but need not be limitedto:

(A) Issuing permits under ORS 803.600and 803.625; and

(B) Performing vehicle identificationnumber inspections.

(2) A vehicle dealer designated under thissection shall:

(a) Transmit title and registration docu-ments with all required fees to the depart-ment within the time specified in ORS822.042 and in accordance with any otherapplicable statutes or applicable rulesadopted by the department.

(b) Maintain records as determined bythe department to show compliance with thissection and any rules adopted by the depart-ment. [1997 c.583 §10(2); 2017 c.172 §2]

Note: 802.031 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofthe Oregon Vehicle Code or any chapter or seriestherein by legislative action. See Preface to Oregon Re-vised Statutes for further explanation.

802.033 [2001 c.141 §1; 2005 c.375 §1; renumbered822.043 in 2005]

802.040 Specification of certain waysof reporting. (1) The Department of Trans-portation shall specify the minimum contentsof a report about, and the means for report-ing, accidents that are required to be re-ported under ORS 810.460, 811.725, 811.730and 811.735. The department shall consultwith the state police and city and county lawenforcement officials before approving meansfor accident reports required under ORS810.460. Any means of reporting specifiedunder this subsection shall require suffi-ciently detailed information to disclose, withreference to a traffic accident, the cause,conditions then existing and the persons andvehicles involved. Upon request, if the de-partment adopts forms as one means of re-porting accidents, the department shall makethe forms available through police depart-ments, sheriffs’ offices and other suitableagencies or individuals.

(2) The department shall assure that anymeans specified under subsection (1) of thissection for use in accident reports requiredunder ORS 811.725, 811.730 and 811.735 in-clude a way of making owners aware of the

definition of a totaled vehicle and of theowner’s duty under ORS 819.012.

(3) The department shall prescribe andprovide suitable forms for the administrationand enforcement of the financial responsibil-ity requirements under the vehicle code orshall prescribe any other means of accom-plishing the same end that the departmentfinds convenient. [1983 c.338 §117; 1985 c.16 §32; 1991c.820 §12; 1993 c.751 §10; 2005 c.195 §2]

802.050 Publications; fees. (1) The De-partment of Transportation may compile,publish and distribute a vehicle code bookcontaining statutes administered by the de-partment concerning vehicles and drivers,along with other related laws. The depart-ment may establish and collect a reasonablefee for books issued to groups or persons whoare not employees of the department. Any feeestablished under this section shall not ex-ceed the costs of the compilation, publicationand distribution of the books.

(2) The department shall publish statis-tical information based on the analysis andtabulation of accident reports under ORS802.220. Publication under this subsectionshall be annual or at more frequent inter-vals.

(3) The department shall make rules itadopts concerning aiming of headlights, aux-iliary lights and passing lights available tothe public in an appropriate publication. [1983c.338 §118; 1985 c.171 §4; 1993 c.741 §72; 2001 c.239 §1]

802.060 Acceptance of grants andother moneys for traffic safety programs;contracts. The Department of Transporta-tion may:

(1) Apply for, accept and receive suchgrants, contributions or other moneys as maybe available to this state or any of its agen-cies for research and other programs con-cerning the safe operation of motor vehiclesupon the highways, including research oreducational programs for the improvement ofdrivers, the reduction of traffic accidents andthe reduction of violations of traffic laws andordinances.

(2) Enter into such contracts or agree-ments, employ such personnel, and do allthings necessary to receive available moneysand carry on any research or program men-tioned in subsection (1) of this section, pro-vided that the authority herein granted andthe contracts, agreements and other acts au-thorized to be entered into or performed,shall be subject to and not in conflict withthe provisions of any other applicable statestatutes. [1983 c.338 §876; 1993 c.741 §73]

802.070 Department to assist schoolsin promoting highway safety. The Depart-ment of Transportation shall assist accred-ited schools and educational institutions of



this state in the promotion of highway safetyand shall carry on with other activities un-der the laws providing for the registration ofmotor vehicles and motor vehicle operatorsand chauffeurs, other projects having fortheir purpose the prevention of motor vehicleaccidents. [1983 c.338 §877]

802.075 Rules for accident preventioncourse. The Department of Transportationshall adopt rules for approval of a motor ve-hicle accident prevention course that willqualify a person for the reduction in pre-mium provided by ORS 742.490 to 742.494.The rules may include requirements for thecontents of a course and qualifications of anorganization offering a course. [1989 c.379 §8]

802.080 [1983 c.338 §878; 1987 c.55 §1; renumbered366.157 in 1991]

802.085 [1993 c.713 §41; repealed by 2015 c.8 §11]

802.087 Rules for assisting offenders inobtaining driver license or identificationcard. The Department of Transportation andthe Department of Corrections jointly shalladopt rules and enter into interagencyagreements necessary to assist offenders inobtaining a driver license or identificationcard prior to an offender’s release from aDepartment of Corrections institution. [2009c.138 §2]

802.090 [1983 c.338 §870; 1985 c.16 §439; 1989 c.979§1; 1993 c.713 §4; 1993 c.751 §11; renumbered 247.017 in1993]

802.091 Removal of debris followingmotor vehicle accident. (1) The Departmentof Transportation shall pay reasonable costsfor the removal of any vehicle, cargo or de-bris resulting from a motor vehicle accidentif:

(a) The motor vehicle accident resultedin the death of a person 18 years of age oryounger;

(b) The accident occurred on a statehighway;

(c) The surviving family members wouldotherwise be responsible for the cost of thecleanup; and

(d) There is no insurance available.(2) Subsection (1) of this section does not

apply if:(a) It is established by a preponderance

of the evidence that the deceased was en-gaged in conduct that would constitute acrime; or

(b) The vehicle of the deceased was notinsured under a motor vehicle liability in-surance policy that complied with financialresponsibility requirements under ORS806.060. [2009 c.620 §2]

FINANCIAL ADMINISTRATION802.100 Accounts related to driver and

vehicle services; uses. The following ac-counts are established separate and distinctfrom the General Fund for the financial ad-ministration of those functions of the De-partment of Transportation dealing withdriver and motor vehicle services in accor-dance with ORS 802.110:

(1) The Department of TransportationDriver and Motor Vehicle Suspense Account.The account established under this subsec-tion is a suspense account in the StateTreasury that is used to deposit moneys re-ceived by the department related to driverand motor vehicle services and to make ap-proved payments and disbursals of funds be-fore the department pays administrativeexpenses related to the provision of driverand motor vehicle services. The departmentshall transfer the money that is not to beused to make approved payments and dis-bursals from the account established underthis subsection and that remains in the ac-count at the close of business on the last dayof each month to the Department of Trans-portation Driver and Motor Vehicle ServicesAdministrative Account on or before the15th day of the following month.

(2) The Department of TransportationDriver and Motor Vehicle Services Adminis-trative Account. The account established un-der this subsection shall be used for thepayment of administrative expenses payablebefore money from the account is transferredto the State Highway Fund. The departmentshall transfer the money that is not to beused to make payments from the account es-tablished under this subsection and that re-mains in the account at the close of businesson the last day of each month to the StateHighway Fund on or before the 15th day ofthe following month.

(3) The Passenger Rail TransportationAccount. The account established under thissubsection is a separate account in the StateTreasury that shall be used to deposit mon-eys received from the sale of customizedregistration plates under ORS 805.240. Mon-eys in the account shall be used for passen-ger rail programs. Moneys shall be depositedin the account after payment of administra-tive expenses as provided under ORS 802.110.

(4) The Revolving Account for Emer-gency Cash Advances. The account estab-lished under this subsection is a separateaccount that shall be maintained for thepayment of emergency cash advances andtaking up of dishonored remittances. [1983c.338 §132; 1985 c.16 §39; 1989 c.966 §71; 1993 c.18 §166;1993 c.741 §74; 2001 c.104 §298; 2007 c.667 §1]



802.110 Procedures for financial ad-ministration; receipt and disposition ofmoneys; refunds; payments; limitations.Any procedures the Department of Transpor-tation establishes for financial administra-tion of those functions of the departmentdealing with driver and motor vehicle ser-vices and for the disposition and payment ofmoneys it receives from the provision ofdriver and motor vehicle services shall com-ply with all of the following:

(1) The department shall deposit all mon-eys it receives related to driver and motorvehicle services in the Department of Trans-portation Driver and Motor Vehicle SuspenseAccount for approved expenses and dis-bursals before payment of general adminis-trative expenses of the department related tothe provision of driver and motor vehicleservices. Notwithstanding this subsection,the department may return a bank check ormoney order when received in incorrect orincomplete form or when not accompanied bythe proper application.

(2) The department shall pay the follow-ing approved expenses and disbursals fromthe Department of Transportation Driver andMotor Vehicle Suspense Account before pay-ment of the general administrative expensesof the department related to driver and mo-tor vehicle services:

(a) Refunds authorized by any statute ad-ministered by the department when such re-funds are approved by the department.

(b) Amounts transferred to the StateTreasurer under ORS 319.410 (2) for the pur-pose of carrying out the state aviation laws,amounts transferred to the Boating Safety,Law Enforcement and Facility Account andto the Marine Navigation Improvement Fundby ORS 319.415, amounts transferred to theState Aviation Account by ORS 319.417 andamounts transferred to the Department ofTransportation Operating Fund by ORS184.643.

(c) After deduction of expenses of col-lection, transfer and administration, the de-partment shall pay moneys collected from theStudent Driver Training Fund eligibility feeunder ORS 807.040, 807.150 and 807.370 tothe State Treasurer for deposit in the Stu-dent Driver Training Fund. The moneys de-posited in the Student Driver Training Fundunder this paragraph are continuously ap-propriated to the department for the follow-ing purposes:

(A) To the extent of not more than 10percent of the amount transferred into theStudent Driver Training Fund in anybiennium, to pay the expenses of administer-ing ORS 336.795, 336.800, 336.805, 336.810 (2)and 336.815.

(B) The remaining moneys, for reimburs-ing school districts and commercial drivertraining schools as provided under ORS336.805.

(d) After deduction of expenses of col-lection, transfer and administration, the de-partment shall pay moneys collected for theMotorcycle Safety Subaccount under ORS807.170 to the State Treasurer for deposit inthe Motorcycle Safety Subaccount of theTransportation Safety Account. Moneys paidto the State Treasurer under this paragraphshall be used for the purpose of ORS 802.320.

(e) After deduction of expenses for theadministration of the issuance of customizedregistration plates under ORS 805.240, thedepartment shall place moneys received fromthe sale of customized registration plates inthe Passenger Rail Transportation Account.The moneys placed in the account are con-tinuously appropriated to the department andshall be used for the payment of expensesincurred in administering passenger rail pro-grams.

(f) After deduction of expenses of col-lection, transfer and administration, the de-partment shall pay moneys from anyregistration fees established by the governingbodies of counties or a district, as defined inORS 801.237, under ORS 801.041 or 801.042to the appropriate counties or districts. Thedepartment shall make the payments on atleast a monthly basis unless another basis isestablished by the intergovernmental agree-ments required by ORS 801.041 and 801.042between the department and the governingbodies of a county or a district.

(g) After deducting the expenses of thedepartment in collecting and transferring themoneys, the department shall make dis-bursals and payments of moneys collected foror dedicated to any other purpose or fundexcept the State Highway Fund, includingbut not limited to, payments to the Depart-ment of Transportation Operating Fund es-tablished by ORS 184.642 (1) and (2).

(3) The department shall refund from theDepartment of Transportation Driver andMotor Vehicle Suspense Account any excessor erroneous payment to a person who madethe payment or to the person’s legal repre-sentative when the department determinesthat money has been received by it in excessof the amount legally due and payable orthat it has received money in which it hasno legal interest. Refunds payable under thissubsection are continuously appropriated forsuch purposes in the manner for payment ofrefunds under this section. If the departmentdetermines that a refund is due, the depart-ment may refund the amount of excess orerroneous payment without a claim beingfiled. Except as provided in ORS 319.290,



319.375, 319.820 and 319.831, any claim for arefund from the department must be filedwithin 12 months after the date payment isreceived by the department.

(4) After payment of those expenses anddisbursals approved for payment before gen-eral administrative expenses related to theprovision of driver and motor vehicle ser-vices, the department shall pay from the De-partment of Transportation Driver and MotorVehicle Services Administrative Account itsgeneral administrative expenses incurred inthe administration of any law related todriver and motor vehicle services that thedepartment is charged with administeringand any other expenses the department ispermitted by law to pay from moneys held bythe department before transfer of the moneysto the State Highway Fund. The followinglimitations apply to payments of administra-tive expenses under this subsection:

(a) The department shall make paymentof the expenses of administering the issuanceof winter recreation parking permits underORS 811.595 from those moneys receivedfrom issuing the permits.

(b) The department shall pay its expensesfor administering the registration and titlingof snowmobiles under ORS 821.060 and821.100 from the fees collected from adminis-tering those sections. The department shallalso pay its expenses for the administrationof the snowmobile driver permit program un-der ORS 821.160 from the moneys otherwisedescribed in this paragraph.

(c) The department shall pay its expensesfor determining the amount of money to bewithheld under ORS 802.120 from the feescollected for administering the registrationand titling of snowmobiles. The amount usedto pay expenses under this paragraph shallbe such sum as necessary but may not ex-ceed $10,000 during each biennium.

(d) The department shall retain not morethan $15,000 in any biennium for the ex-penses of collecting and transferring moneysto the Student Driver Training Fund underthis section and for the administration ofORS 336.810 (3).

(5) Except as otherwise provided in thissubsection, the department shall transfer tothe State Highway Fund the moneys notused for payment of the general administra-tive expenses or for approved expenses anddisbursals before payment of general admin-istrative expenses. The following apply tothis subsection:

(a) If the Director of Transportation cer-tifies the amount of principal or interest ofhighway bonds due on any particular date,the department may make available for thepayment of such interest or principal any

sums that may be necessary to the extent ofmoneys on hand available for the StateHighway Fund regardless of the dates other-wise specified under this section.

(b) Notwithstanding paragraph (a) of thissubsection, the department may not makeavailable for purposes described in paragraph(a) of this subsection any moneys describedin ORS 367.605 when there are not sufficientamounts of such moneys in the State High-way Fund for purposes of bonds issued underORS 367.615.

(6) Notwithstanding any other provisionof this section, the following moneys shall betransferred to the State Highway Fund at thetimes described:

(a) Moneys received under ORS 802.120and not used for the payment of administra-tive expenses of the department shall betransferred before July 31 of each year.

(b) Moneys received from the registrationof snowmobiles that are not to be used forpayment of administrative expenses of thedepartment shall be transferred within 30days after the end of the quarter.

(c) Moneys received from the issuance ofwinter recreation parking permits that arenot used for payment of administrative ex-penses of the department shall be transferredwithin 30 days after the end of the quarter.

(7) The following moneys transferred tothe State Highway Fund under this sectionmay be used only for the purposes describedas follows:

(a) Moneys collected from the issuanceof winter recreation parking permits, and theinterest on such moneys, shall be used toenforce the requirement for winter recre-ation parking permits and to remove snowfrom winter recreation parking locationsdesignated under ORS 810.170. Any remain-ing moneys shall, upon approval by the Win-ter Recreation Advisory Committee:

(A) Be used to maintain parking lo-cations developed with moneys obtained un-der ORS 810.170 and snowmobile facilitiesthat are parking lots developed with moneysas provided under this section;

(B) Be used to develop additional winterrecreation parking locations under ORS810.170; or

(C) Be carried over to be used in subse-quent years for the purposes and in themanner described in this paragraph.

(b) Moneys received from the registrationof snowmobiles or under ORS 802.120 may beused for development and maintenance ofmultiuse trails within urban growth bound-aries or for the development and mainte-nance of snowmobile facilities, including theacquisition of land therefor by any means



other than the exercise of eminent domain.Moneys received under ORS 802.120 may alsobe used for the enforcement of ORS 811.590,821.100 to 821.120, 821.140, 821.150, 821.190,821.210 and 821.240 to 821.290.

(8) The department shall maintain theRevolving Account for Emergency Cash Ad-vances separate from other moneys describedin this section. From the account, the de-partment may pay for the taking up of dis-honored remittances returned by banks orthe State Treasurer and for emergency cashadvances to be subsequently reimbursed. Theaccount shall be used only as a revolvingfund. The department shall at all times beaccountable for the amount of the account,either in cash or unreimbursed items andadvances. The moneys in the account arecontinuously appropriated for the purposesof this subsection. The amount of moneys inthe account under this subsection may notexceed $40,000 from moneys received by thedepartment in the performance of its driverand motor vehicle services functions andmoneys otherwise appropriated for purposesof this subsection. The account under thissubsection shall be kept on deposit with theState Treasurer. The State Treasurer is au-thorized to honor and pay all properly signedand indorsed checks or warrants drawnagainst the account. [1983 c.338 §133; 1985 c.16 §40;1985 c.152 §5; 1985 c.280 §1; 1985 c.459 §22; 1985 c.551 §14;1987 c.158 §161; 1987 c.261 §1; 1987 c.791 §4; 1989 c.101§3; 1989 c.168 §1; 1989 c.491 §70; 1989 c.864 §6; 1991 c.67§§208,209; 1991 c.453 §§4,5; 1991 c.709 §4; 1993 c.741 §75;1995 c.79 §368; 1995 c.774 §8; 1999 c.328 §15; 1999 c.935§31; 1999 c.977 §14; 1999 c.1010 §3; 2001 c.668 §7; 2001c.820 §6; 2001 c.827 §8; 2003 c.655 §95; 2007 c.667 §2; 2009c.394 §6; 2009 c.885 §48; 2011 c.597 §144; 2013 c.1 §95; 2017c.750 §88]

802.112 Surcharge for certain transac-tions; rules. The Department of Transporta-tion may impose a surcharge on any fee thedepartment is authorized to collect if the feeis imposed for a transaction that can be ac-complished by a customer of the departmentin more than one way and the customerchooses the more expensive way. A sur-charge imposed under this section may beadded to the amount tendered by the cus-tomer to offset fees charged to the depart-ment for acceptance and use of a credit card.A surcharge may not be imposed under thissection until the department adopts rulesspecifying transactions for which the sur-charge will be imposed. [1993 c.751 §9; 2019 c.312§35]

802.120 Snowmobile fuel tax moneys;amount; disposition. (1) Motor vehicle fuelused and purchased for providing the motivepower for snowmobiles shall be considered anonhighway use of fuel.

(2) The Director of Transportation shallwithhold, from taxes collected under ORSchapter 319 during June of each year,

amounts the director determines to havebeen paid as tax under ORS chapter 319 onfuel used in snowmobiles during the preced-ing 12-month period ending June 30 and thatwere not refunded.

(3) Moneys withheld by the director un-der this section are subject to disposition asprovided in ORS 802.110.

(4) The director shall establish a reason-able manner to determine the amount ofmoney to be withheld under this section fromthe tax on motor vehicle fuels under ORSchapter 319. [1983 c.338 §129; 1987 c.88 §1; 2001 c.827§9; 2005 c.612 §6]

802.125 Transfer of all-terrain vehiclefuel taxes or special use fuel license fees.(1) The Department of Transportation shalltransfer to the State Parks and RecreationDepartment amounts described in subsection(2) of this section that are paid to the De-partment of Transportation and determinedby the department to be paid with respect tofuel used by Class I, Class II, Class III andClass IV all-terrain vehicles in off-highwayoperation.

(2) The amounts referred to in subsection(1) of this section are:

(a) Amounts paid as motor vehicle fueltax under ORS 319.020 and 319.530 that arenot refunded; and

(b) Special use fuel license fees paid un-der ORS 319.535.

(3) The Department of Transportationshall determine the amount of moneys to betransferred under this section at quarterlyintervals. [1999 c.977 §17; 2011 c.360 §12; 2014 c.13 §12]

802.130 [1985 c.459 §19; 1987 c.88 §§1,2; 1987 c.254§1; 1987 c.587 §8; 1989 c.991 §3; 1993 c.233 §11; 1995 c.774§9; repealed by 1999 c.977 §38]

802.140 [1985 c.459 §20; 1987 c.587 §9; 1989 c.661 §2;1989 c.991 §4; 1997 c.229 §1; repealed by 1999 c.977 §38]

802.150 [1985 c.744 §4; 1987 c.730 §8; 1987 c.904 §1;1987 c.905 §31; repealed by 2015 c.138 §18]

802.155 Safety Education Fund; uses.(1) There is created the Safety EducationFund, separate and distinct from the GeneralFund. Interest earned by the fund shall becredited to the fund.

(2) Moneys deposited in the Safety Edu-cation Fund from the Criminal Fine Accountare continuously appropriated to the officeof the administrator of the TransportationSafety section of the Department of Trans-portation to be used for safety educationprograms:

(a) That provide injury prevention educa-tion on traffic safety issues for each agegroup in the kindergarten through collegeages;

(b) That have been recipients of fundsunder 23 U.S.C. 402 for at least three years;



(c) That are found by the TransportationSafety section to be effective, as measuredby the three-year reporting cycle funded un-der 23 U.S.C. 402; and

(d) That operate statewide. [1991 c.709 §7;1995 c.440 §42; 2001 c.668 §10; 2001 c.829 §9; 2003 c.14§462; 2005 c.70 §3; 2005 c.700 §9; 2011 c.597 §145]

802.160 Use of revocation and suspen-sion reinstatement fees. The fees collectedunder ORS 807.370 for the reinstatement ofsuspended and revoked driving privilegesshall be applied by the Department of Trans-portation to the cost of preparing and serv-ing notices of suspension or revocation andto the cost of administering the driver im-provement program authorized under ORS809.480. [1983 c.338 §130]

802.170 Uncollectible tender of pay-ment; procedures. If any person pays theDepartment of Transportation any fee or taxwith a bank check and the check is returnedto the department as uncollectible, or if aperson pays the department with a credit ordebit card and for any reason the departmentdoes not get payment from the issuer of thecard, the department may charge the personthe fee for dishonored checks or other ordersfor the payment of money under ORS 30.701(5). If the person does not pay the feecharged under this section, the departmentmay do all of the following:

(1) Suspend or cancel, or refuse to issueor renew, any vehicle registration, vehicletitle or vehicle permit in payment of whichthe check or other order for the payment ofmoney was presented.

(2) Cancel, or refuse to issue or renew,any driver license or driver permit in pay-ment of which the check or other order forthe payment of money was presented.

(3) Authorize any department employeeor police officer to seize and recover any ev-idence of the registration, title, license orpermit suspended or canceled.

(4) If evidence of the suspended or can-celed registration, title, license or permit isnot recovered, refuse to conduct any furthertransactions with the person until the feecharged under this section is paid. [1983 c.338§134; 1985 c.669 §10; 1991 c.702 §21; 1993 c.751 §12; 1997c.583 §6; 1999 c.59 §234; 2018 c.76 §21]

RECORDS802.175 Definitions for ORS 802.175 to

802.191. As used in ORS 802.175 to 802.191:(1) “Motor vehicle record” means any re-

cord that pertains to a grant of driving priv-ileges, an identification card issued by theDepartment of Transportation, a vehicle titleor a vehicle registration.

(2) “Person” means an individual, an or-ganization or an entity, but does not includethe State of Oregon or any agency thereof.

(3) “Personal information” means the fol-lowing information that identifies an individ-ual:

(a) Driver license, driver permit or iden-tification card number;

(b) Name;(c) Address (excluding five-digit zip code);

and(d) Telephone number. [1997 c.678 §2; 1999

c.267 §1; 2003 c.655 §96]

802.177 Prohibition on release of per-sonal information from motor vehicle re-cords. Except as otherwise provided in ORS802.179, neither the Department of Transpor-tation nor any officer, employee or contrac-tor of the department may knowinglydisclose or otherwise make available to anyperson personal information about an indi-vidual that is obtained by the department inconnection with a motor vehicle record. [1997c.678 §3]

802.179 Exemptions from prohibitionon release of personal information frommotor vehicle records; rules. (1) The De-partment of Transportation, upon request oras required by law, shall disclose personalinformation from a motor vehicle record toa government agency for use in carrying outits governmental functions.

(2) The department shall disclose per-sonal information from a motor vehicle re-cord for use in connection with matters ofmotor vehicle or driver safety and theft, mo-tor vehicle emissions, motor vehicle productalterations, recalls or advisories, perform-ance monitoring of motor vehicles and deal-ers by motor vehicle manufacturers, andremoval of nonowner records from the ori-ginal owner records of motor vehicle man-ufacturers to carry out the purposes of anyof the following federal Acts:

(a) The Automobile Information Disclo-sure Act.

(b) The Motor Vehicle Information andCost Saving Act.

(c) The National Traffic and Motor Vehi-cle Safety Act of 1966.

(d) The Anti-Car Theft Act of 1992.(e) The Clean Air Act.(3)(a) If the department determines that

a business is a legitimate business, the de-partment shall disclose personal informationto the business for use in the normal courseof business in:

(A) Verifying the accuracy of personalinformation submitted to the business; or



(B) Correcting personal information sub-mitted to the business, but only in order to:

(i) Prevent fraud;(ii) Pursue legal remedies against the in-

dividual who submitted the personal infor-mation; or

(iii) Recover a debt from, or satisfy a se-curity interest against, the individual.

(b) The department shall adopt rulesspecifying the kind of information that thedepartment will accept as evidence that abusiness is a legitimate business.

(4) The department shall disclose per-sonal information to:

(a) An attorney, a financial institution asdefined in ORS chapter 706 or a collectionagency registered under ORS 697.031 for usein connection with a civil, criminal, admin-istrative or arbitration proceeding in anycourt, government agency or self-regulatorybody. Permissible uses of personal informa-tion under this paragraph include, but arenot limited to, service of process, investi-gation in anticipation of litigation and theexecution and enforcement of judgments andorders.

(b) A process server acting as an agentfor an individual for use in serving docu-ments in connection with an existing civil,criminal, administrative or arbitration pro-ceeding, or a judgment, in any court, gov-ernment agency or self-regulatory body.Nothing in this paragraph limits the activ-ities of a process server when acting as anagent for an attorney, collection agency orlike person or for a government agency.

(5) The department shall disclose per-sonal information other than names to a re-searcher for use in researching health andeducational questions and providing statis-tical reports, as long as the personal infor-mation is not published, redisclosed or usedto contact individuals. The department maydisclose information under this subsectiononly for research sponsored by an educa-tional institution or a health research insti-tution.

(6) The department shall disclose per-sonal information to an insurer, an insurancesupport organization or a self-insured entityin connection with claims investigation ac-tivities, antifraud activities, underwriting orrating.

(7) The department shall disclose per-sonal information regarding ownership orother financial interests in a vehicle to aperson who is required by the state or fed-eral Constitution, a statute or an ordinanceto give notice to another person concerningthe vehicle. Personal information disclosedunder this subsection may be used only for

giving the required notice. Persons author-ized to receive personal information underthis subsection include, but are not limitedto:

(a) Tow companies;(b) Persons who have or are entitled to

have liens on the vehicle; and(c) Persons taking an action that could

affect ownership rights to the vehicle.(8) The department shall disclose per-

sonal information to any private securityprofessional certified under ORS 181A.870, tobe used for the purpose of determining own-ership of vehicles parked in a place overwhich the private security professional, act-ing within the scope of the professional’semployment, exercises control.

(9) The department shall disclose per-sonal information to the employer of an in-dividual who holds commercial drivingprivileges, or the insurer of the employer, toobtain or verify information about the indi-vidual.

(10) The department shall disclose per-sonal information to the operator of a privatetoll facility for use in collecting tolls.

(11) The department may not disclosepersonal information for bulk distributors ofsurveys, marketing materials or solicitationsexcept as provided in this subsection. Thedepartment shall implement methods andprocedures to ensure:

(a) That individuals are offered an oppor-tunity to request that personal informationabout themselves be disclosed to bulk dis-tributors; and

(b) That the personal information pro-vided by the department will be used, rentedor sold solely for bulk distribution of sur-veys, marketing materials and solicitations.

(12) The department shall disclose per-sonal information to a person who requeststhe information if the requester provides thedepartment with written permission from theindividual whose personal information is re-quested. The written permission from the in-dividual must be notarized.

(13) The department shall disclose per-sonal information to a person who is in thebusiness of disseminating such informationunder the following conditions:

(a) In addition to any other requirementsunder the contract executed pursuant toparagraph (b) of this subsection, the personrequesting the information must file a per-formance bond with the department in theamount of $25,000. The bond must be exe-cuted in favor of the State of Oregon and itsform is subject to approval by the AttorneyGeneral.



(b) The disseminator shall enter into acontract with the department. A contractunder this paragraph shall contain at leastthe following provisions:

(A) That the disseminator will not re-produce or distribute the personal informa-tion in bulk but only in response to anindividual record inquiry.

(B) That the disseminator will providethe personal information only to a person orgovernment agency authorized to receive theinformation under this section and only ifthe person or government agency has beenauthorized by the department to receive theinformation.

(C) That the disseminator will have amethod of ensuring that the disseminator candelay for a period of up to two days the giv-ing of personal information to a requesterwho is not a subscriber.

(14) The department shall disclose per-sonal information to representatives of thenews media for the gathering or dissem-ination of information related to the opera-tion of a motor vehicle or to public safety.

(15) The department shall disclose per-sonal information as provided in ORS 802.220(5).

(16) The department shall adopt rulesproviding for the release of personal infor-mation from motor vehicle records to a per-son who has a financial interest in thevehicle. Rules adopted under this subsectionmay include, but need not be limited to, rulesestablishing procedures for the department toverify the financial interest of the personmaking the request for personal information.

(17) The department shall adopt rulesproviding for the release of personal infor-mation from motor vehicle records to a per-son who is injured by the unsafe operationof a vehicle or who owns property that isdamaged because of the unsafe operation ofa vehicle.

(18) The department shall disclose per-sonal information to a private investigatorlicensed by any licensing authority withinthe State of Oregon, to be used for any pur-pose permitted under this section. A licensedprivate investigator requesting informationmust prove to the department that the per-son has a corporate surety bond, an irrev-ocable letter of credit issued by an insuredinstitution as defined in ORS 706.008 or suchother security as the Department of PublicSafety Standards and Training may prescribeby rule in the minimum amount of $5,000 orerrors and omissions insurance in the mini-mum amount of $5,000.

(19) The department shall disclose per-sonal information to a procurement organ-ization as defined in ORS 97.953 for the

purpose of facilitating the making of ana-tomical gifts under the provisions of ORS97.955. [1997 c.678 §4; 1999 c.24 §1; 1999 c.312 §2; 2001c.231 §1; 2003 c.576 §565; 2005 c.291 §1; 2005 c.447 §15;2005 c.505 §6; 2005 c.613 §27; 2007 c.681 §29; 2013 c.237§35; 2015 c.138 §§20,21]

802.180 [1983 c.338 §135; 1993 c.751 §13; repealed by1997 c.583 §9]

802.181 Redisclosure by authorized re-cipients of personal information frommotor vehicle records. (1) Except as other-wise provided in subsections (2) to (5) of thissection, a person or government agency thatis authorized under ORS 802.179 to receivepersonal information from motor vehicle re-cords may resell or redisclose the informa-tion only:

(a) To a person or government agencyauthorized to receive the information underORS 802.179 and only if the person or gov-ernment agency is authorized by the Depart-ment of Transportation to receive the resoldor redisclosed information; and

(b) For purposes authorized under ORS802.179.

(2) A researcher who receives personalinformation under ORS 802.179 (5) may notresell or redisclose the information except asprovided in ORS 802.179 (5).

(3) A person who receives personal infor-mation under ORS 802.179 (11) may not resellor redisclose the information except as pro-vided in ORS 802.179 (11).

(4) A representative of the news mediawho receives personal information underORS 802.179 (14) may not resell or redisclosethe information except as provided in ORS802.179 (14).

(5) No one who receives personal infor-mation from the department under ORS802.179 may sell or redisclose the informa-tion to a person who is in the business ofdisseminating the information.

(6) A person who resells or redisclosespersonal information as authorized by thissection, other than a representative of thenews media, must keep records for a periodof five years that identify each person whoreceives the information and the permittedpurpose for which the person received theinformation. Records kept in accordancewith this subsection must be made availableto the department on request.

(7) A procurement organization that re-ceives personal information as authorized byORS 802.179 (19) may not resell or redisclosethe information.

(8) The State of Oregon is immune fromliability for any claim resulting from the re-sale or redisclosure of personal informationunder this section. [1997 c.678 §5; 1999 c.24 §2; 2005c.291 §2; 2005 c.505 §7]



802.183 Fees for and rules regardingrelease of personal information from mo-tor vehicle records. (1) The Department ofTransportation may establish fees reasonablycalculated to reimburse it for its actual costin making personal information available toa person or government agency authorizedunder ORS 802.179 to obtain the information.Fees established under this subsection aresubject to the provisions of ORS 192.324 (4)to (6).

(2) The department may adopt rulesspecifying conditions that must be met by aperson or government agency requestingpersonal information under ORS 802.179.Such conditions may include but need not belimited to:

(a) Providing reasonable assurance of theidentity of the requester;

(b) Providing reasonable assurance of theuses to which the personal information willbe put, if applicable;

(c) Showing that the individual whosepersonal information is to be disclosed hasgiven permission for the disclosure, if per-mission is required; and

(d) Submitting a written request for thepersonal information in a form prescribed bythe department. [1997 c.678 §6; 2007 c.467 §3]

802.185 Notice to individual of certainrequests for information; waiver. The De-partment of Transportation may establish aprocedure under which the department, uponreceiving a request for disclosure of personalinformation that does not come from a per-son or government agency authorized underORS 802.179 to receive the information ordoes not fall within one of the uses permittedunder ORS 802.179, may mail a copy of therequest to the individual about whom the in-formation was requested. The copy of the re-quest shall be accompanied by a statementthat the personal information requested willnot be disclosed unless the individual waivesany right to privacy created by ORS 802.175to 802.187. [1997 c.678 §7]

802.187 Relationship to other privacystatutes; access to information aboutself. (1) Nothing in ORS 802.175 to 802.187authorizes disclosure by the Department ofTransportation of personal information thatis barred from disclosure by the provisionsof ORS 192.355 (2) or 192.368.

(2) Nothing in ORS 802.175 to 802.187prohibits an individual from having access topersonal information about the individualthat is contained in motor vehicle records.[1997 c.678 §8]

802.189 Criminal penalty for violationof ORS 802.175 to 802.187. Knowingly ob-taining or using personal information from amotor vehicle record in violation of ORS

802.175 to 802.187 is a Class A misdemeanor.[1997 c.678 §9]

802.191 Civil action for violation ofORS 802.175 to 802.187. (1) A personaggrieved by an intentional violation of ORS802.175 to 802.187 may bring an action at lawagainst a person who has knowingly obtainedor used personal information about theaggrieved person in violation of ORS 802.175to 802.187. The action shall be for actualdamages or $2,500, whichever is greater, plusattorney fees and court costs reasonably in-curred in the action.

(2) A person aggrieved by a violation ofORS 802.175 to 802.187, a district attorney orthe Attorney General may obtain appropriaterelief to enforce ORS 802.175 to 802.187, to-gether with attorney fees and costs reason-ably incurred in an action for relief.

(3) Any person whose use or obtaining ofpersonal information in violation of ORS802.175 to 802.187 subjects the State of Ore-gon to any liability or claim shall indemnifyand hold harmless this state from all suchliability and any claims, including attorneyfees and court costs, incurred in any pro-ceeding arising under ORS 802.175 to 802.187.[1997 c.678 §10]

802.195 Social Security numbers; dis-closure; fees; penalty. (1) As used in thissection:

(a) “Motor vehicle record” means anyrecord that pertains to a grant of drivingprivileges, an identification card issued bythe Department of Transportation, a vehicletitle or a vehicle registration.

(b) “Person” has the meaning given thatterm in ORS 802.175.

(2) Neither the Department of Transpor-tation nor any officer, employee or contrac-tor of the department may knowinglydisclose or otherwise make available to anyperson an individual’s Social Security num-ber that is obtained by the department inconnection with a motor vehicle record.

(3) Notwithstanding subsection (2) of thissection, the department may, upon the re-quest of another government agency, orshall, as required by law, disclose anindividual’s Social Security number from amotor vehicle record to the other agency foruse in carrying out the other agency’s gov-ernmental functions.

(4) An Oregon government agency thatreceives an individual’s Social Security num-ber under subsection (3) of this section maynot redisclose the Social Security numberexcept as required by law. An Oregon gov-ernment agency that rediscloses a Social Se-curity number as authorized by thissubsection shall keep for five years recordsthat identify each other government agency



that receives the Social Security number.Records kept in accordance with this sub-section must be made available to the de-partment upon request.

(5) The department may establish feesreasonably calculated to reimburse the de-partment for the actual cost of making anindividual’s Social Security number availableto a government agency as required in sub-section (3) of this section.

(6) Nothing in this section prohibits anindividual from having access to thatindividual’s own Social Security number thatis contained in motor vehicle records.

(7) Knowingly obtaining or using a SocialSecurity number from a motor vehicle recordin violation of this section is a Class A mis-demeanor.

(8) A person aggrieved by violation ofthis section may bring a civil action againsta person who has knowingly obtained or usedthe aggrieved person’s Social Security num-ber in violation of this section. The actionshall be for actual damages or $2,500, which-ever is greater, plus attorney fees and courtcosts reasonably incurred in the action.

(9) A person aggrieved by a violation ofthis section, a district attorney or the Attor-ney General may obtain appropriate relief toenforce this section, together with attorneyfees and costs reasonably incurred in an ac-tion.

(10) Any person whose use or acquisitionof a Social Security number in violation ofthis section subjects the State of Oregon toany liability or claim shall indemnify andhold harmless this state from all such liabil-ities and claims, including attorney fees andcourt costs, incurred in any action broughtunder this section. [2003 c.610 §3]

Note: The amendments to 802.195 by section 14,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

802.195. (1) As used in this section:(a) “Motor vehicle record” means any record that

pertains to a grant of driving privileges, an identifica-tion card issued by the Department of Transportation,a vehicle title or a vehicle registration.

(b) “Person” has the meaning given that term inORS 802.175.

(2) Neither the Department of Transportation norany officer, employee or contractor of the departmentmay knowingly disclose or otherwise make available toany person:

(a) An individual’s Social Security number that isobtained by the department in connection with a motorvehicle record; or

(b) Whether a person provided a Social Securitynumber to the department when applying for a driverlicense, driver permit or identification card.

(3) Notwithstanding subsection (2) of this section,the department may, upon the request of another gov-ernment agency, or shall, as required by law, disclosean individual’s Social Security number or lack thereoffrom a motor vehicle record to the other agency for usein carrying out the other agency’s governmental func-tions.

(4) An Oregon government agency that receives anindividual’s Social Security number under subsection (3)of this section may not redisclose the Social Securitynumber except as required by law. An Oregon govern-ment agency that rediscloses a Social Security numberas authorized by this subsection shall keep for fiveyears records that identify each other governmentagency that receives the Social Security number. Re-cords kept in accordance with this subsection must bemade available to the department upon request.

(5) The department may establish fees reasonablycalculated to reimburse the department for the actualcost of making an individual’s Social Security numberavailable to a government agency as required in sub-section (3) of this section.

(6) Nothing in this section prohibits an individualfrom having access to that individual’s own Social Se-curity number that is contained in motor vehicle re-cords.

(7) Knowingly obtaining or using a Social Securitynumber from a motor vehicle record in violation of thissection is a Class A misdemeanor.

(8) A person aggrieved by violation of this sectionmay bring a civil action against a person who hasknowingly obtained or used the aggrieved person’s So-cial Security number in violation of this section. Theaction shall be for actual damages or $2,500, whicheveris greater, plus attorney fees and court costs reasonablyincurred in the action.

(9) A person aggrieved by a violation of this sec-tion, a district attorney or the Attorney General mayobtain appropriate relief to enforce this section, to-gether with attorney fees and costs reasonably incurredin an action.

(10) Any person whose use or acquisition of a So-cial Security number in violation of this section sub-jects the State of Oregon to any liability or claim shallindemnify and hold harmless this state from all suchliabilities and claims, including attorney fees and courtcosts, incurred in any action brought under this section.

802.200 Required records; rules. In ad-dition to any other records the Departmentof Transportation may establish, the depart-ment is subject to the following provisionsconcerning records:

(1) The department shall maintain re-cords concerning the titling of vehicles inthis state. The records under this subsectionshall include the following:

(a) For vehicles issued a title by thisstate, the records shall identify the vehicleand contain the following:

(A) The name of the vehicle owner andany security interest holders in order of pri-ority, except that a security interest holderneed not be identified if the debtor whogranted the interest is in the business ofselling vehicles and the vehicles constituteinventory held for sale;

(B) The name of any lessor of the vehicle;(C) The vehicle description; and



(D) Whether a certificate of title was is-sued for the vehicle.

(b) If the vehicle is an antique vehiclethat is reconstructed, the records shall indi-cate that the vehicle is reconstructed.

(c) If the vehicle is a replica, the recordsshall indicate that the vehicle is a replica.

(d) Any other information concerning thetitling of vehicles that the department con-siders convenient or appropriate.

(e) All odometer disclosures and readingsfor a vehicle that are reported to the depart-ment under provisions of the vehicle code.The department shall keep the most recentversion of records required under this para-graph in electronic form.

(f) If the vehicle has been reported to thedepartment as a totaled vehicle under theprovisions of ORS 819.012 or 819.014, the re-cords shall indicate that the vehicle is a to-taled vehicle unless the reason for the reportwas theft and the vehicle has been recovered.

(2) If a vehicle that has been registeredor titled in another jurisdiction is registeredor titled in this state, the department shallretain a record of any odometer readingsshown on the title or registration documentssubmitted to the department at the time ofregistration or title.

(3) Except as otherwise provided in ORS826.003, the department shall maintain re-cords concerning the registration of vehiclesrequired to be registered by the department.The records concerning the registration ofvehicles may be stored along with recordsconcerning the titling of vehicles. The re-cords under this subsection shall include thefollowing:

(a) For vehicles registered by the depart-ment, the records shall identify the vehicleand contain the following:

(A) The registration plate number as-signed by the department to the vehicle;

(B) The name of the vehicle owner;(C) The vehicle description and vehicle

identification number; and(D) An indication that the vehicle is a

totaled vehicle if it has been reported to thedepartment as a totaled vehicle under theprovisions of ORS 819.012 or 819.014, unlessthe reason for the report was theft and thevehicle has been recovered.

(b) Any other information concerning theregistration of vehicles that the departmentconsiders convenient or appropriate.

(4) The department shall maintain sepa-rate records for the regulation of vehicledealers. The records required under this sub-section shall include the following informa-tion about persons issued dealer certificates:

(a) The person’s application for a vehicledealer certificate.

(b) An alphabetical index of the name ofeach person applying for a vehicle dealercertificate.

(c) A numerical index according to thedistinctive number assigned to each vehicledealer.

(5) The department shall maintain a fileon vehicles for which the title record is can-celed under ORS 819.030. The records re-quired under this subsection shall disclosethe last registered owner of each vehicle, anysecurity interest holder or holders and les-sors of each vehicle as shown by the can-celed title record for each vehicle and themake and year model for each vehicle.

(6) The department shall maintain a re-cord of each agreement or declaration underORS 802.500 and 802.520.

(7) The department shall maintain sepa-rate and comprehensive records of all trans-actions affecting the Revolving Account forEmergency Cash Advances described underORS 802.100.

(8) The department shall maintain suit-able records of driver licenses, driver permitsand identification cards. The records re-quired under this subsection shall include allof the following:

(a) An index by name and number.(b) Supporting documentation of all

driver licenses, driver permits or identifica-tion cards issued.

(c) Every application for a driver license,driver permit or identification card.

(d) All driver licenses or driver permitsthat have been suspended, revoked or can-celed.

(e) For each driver license, driver permitor identification card, the Social Securitynumber of the person to whom the driver li-cense, driver permit or identification card isissued or proof that the person is not eligiblefor a Social Security number.

(f) For each commercial driver licenseand commercial learner driver permit, theSocial Security number of the person towhom the license or permit is issued, or anyother number or identifying information thatthe Secretary of the United States Depart-ment of Transportation determines appropri-ate to identify the person.

(9) The Department of Transportationshall maintain a two-part driving recordconsisting of an employment driving recordand a nonemployment driving record for eachperson as required under this subsection. Allof the following apply to the records requiredunder this subsection:



(a) The department shall maintain driv-ing records on each person the departmentdetermines requires an Oregon driving re-cord to comply with federal regulations orprovisions of the vehicle code. The depart-ment shall establish rules for maintainingdriving records under this subsection.

(b) In addition to other information re-quired by this paragraph, the employmentdriving record shall include all reports ofdrug test results that are made to the de-partment under ORS 825.410 or 825.415. Not-withstanding any other provision of law,release of the portion of the employmentdriving record that shows drug test resultsreported under ORS 825.410 or 825.415 ispermitted only in accordance with ORS802.202. The employment driving record shallalso include all motor vehicle accidents thatthe person is required to report under ORS811.720, all suspensions of driving privilegesrequired to be placed on the record underORS 809.280, all suspensions of the person’scommercial driving privileges that resultfrom operation or use of a commercial motorvehicle and all convictions, as determined bythe department by rule, of the person for vi-olation of motor vehicle laws except con-victions for offenses requiring mandatoryrevocation or suspension of driving privilegesunder ORS 809.409, 809.411, 809.510 to809.545 and 813.400, but shall include onlysuch accidents, suspensions and convictionsthat occur while the person is driving a mo-tor vehicle:

(A) In the course of the person’s employ-ment when the person is employed by an-other for the principal purpose of driving amotor vehicle;

(B) Carrying persons or property forcompensation;

(C) In the course of the person’s employ-ment in the collection, transportation or de-livery of mail if the vehicle is governmentowned or marked for the collection, trans-portation or delivery of mail in accordancewith government rules;

(D) That is an authorized emergency ve-hicle;

(E) That is a commercial motor vehicle;or

(F) In the course of the person’s employ-ment with a federal, state or local govern-ment in a public works project involvingrepair or maintenance of water, sewer orroad systems.

(c) The nonemployment driving recordshall include the person’s:

(A) Motor vehicle accidents that the per-son is required to report under ORS 811.720,other than the motor vehicle accidents that

are included on the person’s employmentdriving record;

(B) Suspensions, cancellations and revo-cations of licenses, permits and driving priv-ileges;

(C) Judgments and convictions, as deter-mined by the department by rule, for vio-lation of the motor vehicle laws including,for each violation of ORS 811.100 or 811.111,the speed at which the person was convictedof traveling and the posted speed, the speedlimit or the speed that constitutes primafacie evidence of violation of the basic speedrule, as appropriate; and

(D) Diversion agreements entered intounder ORS 813.220 within the preceding 15years.

(d) The department may record other en-tries to indicate correspondence, interviews,participation in driver improvement pro-grams or other matters concerning the statusof the driving privileges of the person.

(e) When a person is issued a driver li-cense or driver permit by this state, the de-partment may request a copy of drivingrecords that exist for the person in any otherjurisdiction. The department shall adoptrules specifying when the department mayrequest driving records from other jurisdic-tions and may apply entries from out-of-staterecords for use in Oregon.

(f) When a suspension of a driver permit,driver license or other driving privilege isplaced on the driving record under ORS809.280 for failure to appear in court on atraffic crime, the department shall note onthe record that the suspension was for fail-ure to appear in court and shall also note theoffense charged against the person on whichthe person failed to appear.

(g) The Department of Transportation, inconsultation with the Department of StatePolice, shall devise and implement a methodof noting suspensions and revocations ofdriving privileges on the record in such away that police agencies can determine di-rectly from the record what class of offense,as provided by law, is committed by a personwho drives in violation of the suspension orrevocation. If the Department of Transporta-tion and the Department of State Police de-vise a mutually agreeable alternative methodof informing police agencies of the nature ofa suspension or revocation and the conse-quences of its violation, the implementationof that method shall satisfy the duty of theDepartment of Transportation under thisparagraph.

(10) The department shall maintain acci-dent reports filed with the department underORS 810.460 and 811.725 to 811.735.



(11) The department shall maintain re-cords of bank checks or money orders re-turned under ORS 802.110.

(12) The department shall maintain re-cords of trip permits issued by the depart-ment under ORS 803.600, as provided underthis subsection. The records required by thissubsection shall include the following:

(a) A description of the vehicle sufficientto identify the vehicle.

(b) The person to whom the permit wasissued.

(c) When the permit was issued.(d) The type of permit issued.(e) For registration weight trip permits,

the maximum allowable registration weightpermitted for operation under the permit.

(f) Any other information the departmentdetermines appropriate or convenient. [1983c.338 §124; 1985 c.16 §34; 1985 c.175 §1; 1985 c.251 §11a;1985 c.313 §1; 1985 c.402 §5b; 1985 c.668 §2; 1987 c.5 §1;1987 c.137 §5; 1987 c.730 §9; 1987 c.887 §6; 1989 c.636 §10;1989 c.723 §6; 1991 c.284 §12; 1991 c.407 §21; 1991 c.820§11; 1993 c.174 §10; 1993 c.233 §12; 1993 c.751 §14; 1995c.733 §82a; 1999 c.230 §1; 1999 c.1051 §86; 1999 c.1099 §3;2003 c.330 §2; 2003 c.402 §10; 2003 c.655 §97; 2003 c.819§13; 2005 c.405 §§2,3; 2008 c.1 §8; 2009 c.515 §2; 2013 c.163§4; 2013 c.237 §36; 2013 c.659 §2; 2019 c.312 §19]

Note: The amendments to 802.200 by section 16,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

802.200. In addition to any other records the De-partment of Transportation may establish, the depart-ment is subject to the following provisions concerningrecords:

(1) The department shall maintain records con-cerning the titling of vehicles in this state. The recordsunder this subsection shall include the following:

(a) For vehicles issued a title by this state, the re-cords shall identify the vehicle and contain the follow-ing:

(A) The name of the vehicle owner and any securityinterest holders in order of priority, except that a se-curity interest holder need not be identified if thedebtor who granted the interest is in the business ofselling vehicles and the vehicles constitute inventoryheld for sale;

(B) The name of any lessor of the vehicle;(C) The vehicle description; and(D) Whether a certificate of title was issued for the

vehicle.(b) If the vehicle is an antique vehicle that is re-

constructed, the records shall indicate that the vehicleis reconstructed.

(c) If the vehicle is a replica, the records shall in-dicate that the vehicle is a replica.

(d) Any other information concerning the titling ofvehicles that the department considers convenient orappropriate.

(e) All odometer disclosures and readings for a ve-hicle that are reported to the department under pro-visions of the vehicle code. The department shall keep

the most recent version of records required under thisparagraph in electronic form.

(f) If the vehicle has been reported to the depart-ment as a totaled vehicle under the provisions of ORS819.012 or 819.014, the records shall indicate that thevehicle is a totaled vehicle unless the reason for thereport was theft and the vehicle has been recovered.

(2) If a vehicle that has been registered or titled inanother jurisdiction is registered or titled in this state,the department shall retain a record of any odometerreadings shown on the title or registration documentssubmitted to the department at the time of registrationor title.

(3) Except as otherwise provided in ORS 826.003,the department shall maintain records concerning theregistration of vehicles required to be registered by thedepartment. The records concerning the registration ofvehicles may be stored along with records concerningthe titling of vehicles. The records under this subsectionshall include the following:

(a) For vehicles registered by the department, therecords shall identify the vehicle and contain the fol-lowing:

(A) The registration plate number assigned by thedepartment to the vehicle;

(B) The name of the vehicle owner;(C) The vehicle description and vehicle identifica-

tion number; and(D) An indication that the vehicle is a totaled ve-

hicle if it has been reported to the department as a to-taled vehicle under the provisions of ORS 819.012 or819.014, unless the reason for the report was theft andthe vehicle has been recovered.

(b) Any other information concerning the registra-tion of vehicles that the department considers conven-ient or appropriate.

(4) The department shall maintain separate recordsfor the regulation of vehicle dealers. The records re-quired under this subsection shall include the followinginformation about persons issued dealer certificates:

(a) The person’s application for a vehicle dealercertificate.

(b) An alphabetical index of the name of each per-son applying for a vehicle dealer certificate.

(c) A numerical index according to the distinctivenumber assigned to each vehicle dealer.

(5) The department shall maintain a file on vehiclesfor which the title record is canceled under ORS 819.030.The records required under this subsection shall dis-close the last registered owner of each vehicle, any se-curity interest holder or holders and lessors of eachvehicle as shown by the canceled title record for eachvehicle and the make and year model for each vehicle.

(6) The department shall maintain a record of eachagreement or declaration under ORS 802.500 and 802.520.

(7) The department shall maintain separate andcomprehensive records of all transactions affecting theRevolving Account for Emergency Cash Advances de-scribed under ORS 802.100.

(8) The department shall maintain suitable recordsof driver licenses, driver permits and identificationcards. The records required under this subsection shallinclude all of the following:

(a) An index by name and number.(b) Supporting documentation of all driver licenses,

driver permits or identification cards issued.(c) Every application for a driver license, driver

permit or identification card.(d) All driver licenses or driver permits that have

been suspended, revoked or canceled.



(e)(A) For each driver license, driver permit oridentification card, the Social Security number of theperson to whom the driver license, driver permit oridentification card is issued or the written statementthat the person has not been assigned a Social Securitynumber.

(B) As used in this paragraph, a “driver license,”“driver permit” or “identification card” means a driverlicense, driver permit or identification card that is nota:

(i) Real ID;(ii) Commercial driver license; or(iii) Commercial learner driver permit.(f) For each commercial driver license and com-

mercial learner driver permit, the Social Security num-ber of the person to whom the license or permit isissued, or any other number or identifying informationthat the Secretary of the United States Department ofTransportation determines appropriate to identify theperson.

(g) For each Real ID, the Social Security numberof the person to whom the Real ID is issued, or proofthat the person is not eligible for a Social Securitynumber.

(9) The Department of Transportation shall main-tain a two-part driving record consisting of an employ-ment driving record and a nonemployment drivingrecord for each person as required under this subsec-tion. All of the following apply to the records requiredunder this subsection:

(a) The department shall maintain driving recordson each person the department determines requires anOregon driving record to comply with federal regu-lations or provisions of the vehicle code. The depart-ment shall establish rules for maintaining drivingrecords under this subsection.

(b) In addition to other information required bythis paragraph, the employment driving record shallinclude all reports of drug test results that are made tothe department under ORS 825.410 or 825.415. Notwith-standing any other provision of law, release of the por-tion of the employment driving record that shows drugtest results reported under ORS 825.410 or 825.415 ispermitted only in accordance with ORS 802.202. Theemployment driving record shall also include all motorvehicle accidents that the person is required to reportunder ORS 811.720, all suspensions of driving privilegesrequired to be placed on the record under ORS 809.280,all suspensions of the person’s commercial drivingprivileges that result from operation or use of a com-mercial motor vehicle and all convictions, as determinedby the department by rule, of the person for violationof motor vehicle laws except convictions for offensesrequiring mandatory revocation or suspension of driv-ing privileges under ORS 809.409, 809.411, 809.510 to809.545 and 813.400, but shall include only such acci-dents, suspensions and convictions that occur while theperson is driving a motor vehicle:

(A) In the course of the person’s employment whenthe person is employed by another for the principalpurpose of driving a motor vehicle;

(B) Carrying persons or property for compensation;(C) In the course of the person’s employment in the

collection, transportation or delivery of mail if the ve-hicle is government owned or marked for the collection,transportation or delivery of mail in accordance withgovernment rules;

(D) That is an authorized emergency vehicle;(E) That is a commercial motor vehicle; or(F) In the course of the person’s employment with

a federal, state or local government in a public worksproject involving repair or maintenance of water, seweror road systems.

(c) The nonemployment driving record shall includethe person’s:

(A) Motor vehicle accidents that the person is re-quired to report under ORS 811.720, other than the mo-tor vehicle accidents that are included on the person’semployment driving record;

(B) Suspensions, cancellations and revocations oflicenses, permits and driving privileges;

(C) Judgments and convictions, as determined bythe department by rule, for violation of the motor ve-hicle laws including, for each violation of ORS 811.100or 811.111, the speed at which the person was convictedof traveling and the posted speed, the speed limit or thespeed that constitutes prima facie evidence of violationof the basic speed rule, as appropriate; and

(D) Diversion agreements entered into under ORS813.220 within the preceding 15 years.

(d) The department may record other entries to in-dicate correspondence, interviews, participation indriver improvement programs or other matters concern-ing the status of the driving privileges of the person.

(e) When a person is issued a driver license ordriver permit by this state, the department may requesta copy of driving records that exist for the person inany other jurisdiction. The department shall adopt rulesspecifying when the department may request drivingrecords from other jurisdictions and may apply entriesfrom out-of-state records for use in Oregon.

(f) When a suspension of a driver permit, driverlicense or other driving privilege is placed on the driv-ing record under ORS 809.280 for failure to appear incourt on a traffic crime, the department shall note onthe record that the suspension was for failure to appearin court and shall also note the offense charged againstthe person on which the person failed to appear.

(g) The Department of Transportation, in consulta-tion with the Department of State Police, shall deviseand implement a method of noting suspensions and re-vocations of driving privileges on the record in such away that police agencies can determine directly fromthe record what class of offense, as provided by law, iscommitted by a person who drives in violation of thesuspension or revocation. If the Department of Trans-portation and the Department of State Police devise amutually agreeable alternative method of informing po-lice agencies of the nature of a suspension or revocationand the consequences of its violation, the implementa-tion of that method shall satisfy the duty of the De-partment of Transportation under this paragraph.

(10) The department shall maintain accident reportsfiled with the department under ORS 810.460 and 811.725to 811.735.

(11) The department shall maintain records of bankchecks or money orders returned under ORS 802.110.

(12) The department shall maintain records of trippermits issued by the department under ORS 803.600, asprovided under this subsection. The records required bythis subsection shall include the following:

(a) A description of the vehicle sufficient to identifythe vehicle.

(b) The person to whom the permit was issued.(c) When the permit was issued.(d) The type of permit issued.(e) For registration weight trip permits, the maxi-

mum allowable registration weight permitted for opera-tion under the permit.

(f) Any other information the department deter-mines appropriate or convenient.

802.202 Conditions for disclosure ofdrug test results. The Department ofTransportation shall disclose information



about a drug test result that is made to thedepartment under ORS 825.410 or 825.415only if the person who requests the informa-tion provides the department with writtenpermission from the person who is the sub-ject of the report. [1999 c.1099 §9; 2013 c.163 §5]

802.210 Records of notification of ap-proaching expiration of registration orlicense not required. The Department ofTransportation is not required to maintainrecords on any of the following:

(1) The preparation and notification re-quired on approaching expiration of registra-tion under ORS 803.450.

(2) The preparation and notification re-quired on approaching expiration of driverlicense or driver permit under ORS 807.140.[1983 c.338 §125; 1985 c.16 §35; 2015 c.404 §4; 2019 c.312§21]

802.220 Availability of records; feesauthorized. (1) Except as otherwise providedin this subsection and ORS 802.177, the re-cords the Department of Transportationmaintains under ORS 802.200 on vehicles arepublic records. The records of vehicles regis-tered under ORS 805.060 are not public re-cords and are exempt from public inspectionas provided under ORS 181A.220 and are forthe confidential use of criminal justice agen-cies described under ORS 181A.010. The de-partment may charge the fee establishedunder ORS 802.230 for furnishing informationunder this section concerning a vehicle or itsowner.

(2) The department may charge the feeestablished under ORS 802.230 for furnishingto the public information from the recordsthe department maintains under ORS 802.200concerning driver licenses or driver permits.

(3) The records the department keeps un-der ORS 802.200 on judgments or convictionsunder ORS 810.375 shall be open to the in-spection of any person during reasonablebusiness hours. Nothing in this subsectionauthorizes the release of personal informa-tion as defined in ORS 802.175.

(4) The department shall upon requestfurnish any person certified abstracts of theemployment driving record and the nonem-ployment driving record of any person whosedriving records are maintained under ORS802.200. If an abstract of the employmentdriving record is not specifically requested,the department shall only furnish an abstractof the nonemployment driving record. Noth-ing in this subsection authorizes the releaseof personal information as defined in ORS802.175. The department shall collect the feeestablished for abstracts of driving recordsunder ORS 802.230. A certified abstract is-sued under this section shall not contain any

of the following, unless the abstract is beingrequested under ORS 746.265 (3):

(a) Any accident or conviction for vio-lation of motor vehicles laws that occurredmore than three years immediately precedinga request for abstract.

(b) Any suspension ordered under ORS809.220 after the department has receivednotice to reinstate a person’s suspendeddriving privileges under ORS 809.220.

(c) Any diversion agreement under ORS813.220 entered into more than three yearsimmediately preceding a request for the ab-stract.

(5) Except as otherwise provided in thissubsection, accident reports filed with thedepartment under ORS 811.725, 811.730 or811.735 shall be without prejudice to the in-dividual filing the report and shall be for theconfidential use of state administrative andenforcement agencies. The department mayuse the confidential accident reports to pro-vide the following information to the personsdescribed:

(a) Upon request, the department shalldisclose the following information to anyparty involved in the accident or to theirpersonal representative or any member of thefamily of a party involved in the accident:

(A) The identity of the owner, driver, oc-cupants and the registration number of a ve-hicle involved in the accident;

(B) The names of any companies insuringthe owner or driver of a vehicle involved inthe accident; and

(C) The names of any witnesses to theaccident.

(b) The department shall furnish a certif-icate showing that a specified accident reporthas or has not been made to the departmentupon demand of any person who has orclaims to have made such a report or upondemand of a court.

(6) The department shall tabulate andmay analyze all accident reports to developstatistical information based thereon as tothe number and circumstances of traffic ac-cidents. The department shall publish infor-mation compiled under this section in themanner provided under ORS 802.050.

(7) Except as otherwise provided in thissubsection, the records the department is re-quired under ORS 802.200 to maintain on trippermits issued under ORS 803.600 are publicrecords. The department may charge a feeestablished under ORS 802.230 for furnishinginformation from the records on trip permits.Nothing in this subsection authorizes the re-lease of personal information as defined inORS 802.175.



(8) The records the department maintainsunder ORS 802.200 concerning odometerreadings for vehicles are public records. Thedepartment may separately furnish informa-tion concerning odometer readings shown byits records. The department may charge thefee established under ORS 802.230 for infor-mation separately provided under this sub-section. Nothing in this subsectionauthorizes the release of personal informa-tion as defined in ORS 802.175. [1983 c.338 §126;1985 c.16 §36; 1985 c.175 §2; 1985 c.251 §12; 1985 c.313 §2;1987 c.5 §2; 1989 c.853 §2; 1991 c.568 §1; 1993 c.751 §16;1997 c.678 §11; 2001 c.327 §2; 2011 c.355 §6]

802.222 [1989 c.396 §2; repealed by 1997 c.678 §15]802.224 [1991 c.568 §3; 1993 c.37 §1; 1993 c.224 §1;

repealed by 1997 c.678 §15]

802.230 Fees for records. (1) The fee forfurnishing information concerning vehicleregistration records under ORS 802.220 is areasonable fee established by the Departmentof Transportation.

(2) The fee for furnishing informationconcerning driver licenses or driver permitsunder ORS 802.220 is a reasonable fee estab-lished by the department.

(3) The fee for an abstract of driving re-cord under ORS 802.220 is a reasonable feeestablished by the department.

(4) The fee for furnishing informationconcerning trip permit records under ORS802.220 is a reasonable fee established by thedepartment.

(5) The fee for separate records on vehi-cle odometer readings under ORS 802.220 isa reasonable fee established by the depart-ment. [1983 c.338 §127; 1985 c.16 §37; 1985 c.175 §3; 1985c.251 §13; 1985 c.313 §3; 1987 c.5 §3]

802.240 Driver and vehicle records asevidence. (1) In all actions, suits or criminalproceedings when the title to, or right ofpossession of, any vehicle is involved, therecord of title, as it appears in the files andrecords of the Department of Transportation,is prima facie evidence of ownership or rightto possession of the vehicle. As used in thissection, the record of title does not includerecords of salvage titles unless the record it-self is the salvage title. Proof of the owner-ship or right to possession of a vehicle shallbe made by means of any of the followingmethods:

(a) The original certificate of title asprovided under ORS 803.010.

(b) A copy, certified by the department,of the title record of the vehicle as the re-cord appears in the files and records of thedepartment.

(2) Extrinsic evidence of authenticity isnot required as a condition precedent to theadmission of a copy of a document relating

to the privilege of any person to drive a mo-tor vehicle authorized by law to be filed andactually filed in the records of the depart-ment if the copy bears a seal purporting tobe that of the department and is certified asa true copy by original or facsimile signatureof a person purporting to be an officer oremployee of the department. This subsectionapplies to copies of a data compilation in anyform. Copies of documents certified in accor-dance with this subsection constitute primafacie evidence of the existence of the factsstated therein.

(3) A certified copy of a person’s drivingrecord, as maintained by the department:

(a) May be admitted as evidence in anyhearing or proceeding under ORS 813.200 to813.270.

(b) Is prima facie evidence that the per-son named therein was duly convicted ofeach offense shown by the record.

(c) Is prima facie evidence that the per-son named therein is participating in or hasparticipated in a driving under the influenceof intoxicants diversion program or in anysimilar alcohol or drug rehabilitation pro-gram in this state or in any other jurisdic-tion if the record shows that the person hasparticipated in such a program.

(4) Records and actions described in thissubsection shall not be referred to in anyway or admitted into evidence or be any evi-dence of the negligence or due care of anyparty at the trial of any action at law to re-cover damages. This subsection applies to allof the following:

(a) The report required following an ac-cident.

(b) Any action taken by the departmentto revoke or suspend a driver license ordriver permit or taken by the departmentunder the financial responsibility require-ments of the vehicle code or the findings, ifany, of the department upon which such ac-tion of the department is based.

(c) Any deposit of security required un-der the financial responsibility requirementsof the vehicle code.

(5) Except as provided in this subsection,the accident reports filed with the depart-ment under ORS 811.725, 811.730 or 811.735shall be without prejudice to the individualfiling the report and no such report shall beused as evidence in any trial, civil or crimi-nal, arising out of an accident. The followinguses are allowable under this subsection:

(a) The certificate issued by the depart-ment under ORS 802.220 to show whether ornot an accident report has been made to thedepartment shall be used solely to prove acompliance or failure to comply with the re-



quirements that the accident report be madeto the department.

(b) An accident report submitted underORS 811.725 or 811.735 may be used in anadministrative hearing or an appeal fromsuch hearing to support any suspension ofdriving privileges for:

(A) Failure to make reports required un-der ORS 811.725 or 811.735.

(B) Failure to comply with financial re-sponsibility requirements or failure to com-ply with future responsibility filings.

(6) A photocopy, facsimile copy, digitalor electronic copy of an application for per-fection of a security interest by notation ona title under ORS 803.097 that is certified bythe department is proof of the date of per-fection of the security interest unless thedate is invalid as provided under ORS803.097.

(7) A report filed by a physician or healthcare provider under ORS 807.710 is confiden-tial and may not be admitted as evidence inany civil or criminal action. A report de-scribed in this subsection may be used in anadministrative hearing or an appeal from anadministrative hearing in which an issue isthe qualification of a person to operate amotor vehicle. [1983 c.338 §128; 1985 c.16 §38; 1985c.175 §4; 1987 c.441 §1; 1987 c.750 §3; 1989 c.148 §7; 1991c.67 §210; 1991 c.702 §26; 1991 c.873 §22a; 1993 c.233 §13;1999 c.1051 §279; 2001 c.675 §6; 2003 c.462 §2; 2003 c.655§98]

802.250 Records containing residenceaddress of eligible public employee orhousehold member. (1) An eligible publicemployee may request that any driver or ve-hicle record kept by the Department ofTransportation that contains or is requiredto contain the eligible employee’s residenceaddress contain instead the address of thepublic agency employing the eligible em-ployee. A request under this section shall:

(a) Be in a form specified by the depart-ment that provides for verification of the el-igible employee’s employment.

(b) Contain verification by the employingpublic agency of the eligible employee’s em-ployment with the public agency.

(2) Upon receipt of a request and verifi-cation under subsection (1) of this section,the department shall remove the eligibleemployee’s residence address from its re-cords, if necessary, and substitute thereforthe address of the public agency employingthe eligible employee. The department shallindicate on the records that the addressshown is an employment address. While therequest is in effect, the eligible employeemay enter the address of the public agencyemploying the eligible employee on any

driver or vehicle form issued by the depart-ment that requires an address.

(3) A public agency that verifies an eligi-ble employee’s employment under subsection(1) of this section shall notify the departmentwithin 30 days if the eligible employee ceasesto be employed by the public agency. The el-igible employee shall notify the departmentof a change of address as provided in ORS803.220 or 807.560.

(4) If an eligible employee is killed in theline of duty, a person who is a householdmember of the eligible employee may requestthat any driver or vehicle record kept by thedepartment that contains or is required tocontain the household member’s residenceaddress continue to contain the address ofthe public agency that employed the eligibleemployee for up to four years after the dateof the death of the eligible employee. On orbefore the date on which the four-year periodends, the household member shall notify thedepartment of a change of address as pro-vided in ORS 803.220 or 807.560. A requestunder this subsection shall be in a formspecified by the department.

(5) As used in this section, “eligible em-ployee” means:

(a) A member of the State Board ofParole and Post-Prison Supervision.

(b) The Director of the Department ofCorrections and an employee of an institu-tion defined in ORS 421.005 as Departmentof Corrections institutions, whose duties, asassigned by the superintendent, include thecustody of persons committed to the custodyof or transferred to the institution.

(c) A parole and probation officer em-ployed by the Department of Corrections andan employee of the Department of Correc-tions Release Center whose duties, as as-signed by the Chief of the Release Center,include the custody of persons committed tothe custody of or transferred to the ReleaseCenter.

(d) A police officer appointed under ORS276.021 or 276.023.

(e) An employee of the State Departmentof Agriculture who is classified as a brandinspector by the Director of Agriculture.

(f) An investigator of the Criminal Jus-tice Division of the Department of Justice.

(g) A corrections officer as defined inORS 181A.355.

(h) A federal officer. As used in this par-agraph, “federal officer” means a specialagent or law enforcement officer employedby:

(A) The Federal Bureau of Investigation;(B) The United States Secret Service;



(C) The United States Citizenship andImmigration Services;

(D) The United States Marshals Service;(E) The Drug Enforcement Administra-

tion;(F) The United States Postal Service;(G) The United States Customs and Bor-

der Protection;(H) The United States General Services

Administration;(I) The United States Department of Ag-

riculture;(J) The Bureau of Alcohol, Tobacco,

Firearms and Explosives;(K) The Internal Revenue Service;(L) The United States Department of the

Interior; or(M) Any federal agency if the person is

empowered to effect an arrest with or with-out warrant for violations of the UnitedStates Code and is authorized to carry fire-arms in the performance of duty.

(i) An employee of the Department ofHuman Services or the Oregon Health Au-thority whose duties include personal contactwith clients or patients of the department orthe authority.

(j) Any judge of a court of this state.(k) An employee of the Oregon Youth

Authority or of a county juvenile departmentwhose duties include personal contact withpersons committed to the legal or physicalcustody of the authority or of the county ju-venile department.

(L) A district attorney, as defined in ORS131.005, or deputy district attorney.

(m) An employee who provides educa-tional services to persons who are clients orpatients of the Department of Human Ser-vices or the Oregon Health Authority, whoare under the jurisdiction of the PsychiatricSecurity Review Board or who are under thecustody or supervision of the Department ofCorrections, the State Board of Parole andPost-Prison Supervision, a community cor-rections agency, the Oregon Youth Authorityor a juvenile department. As used in thisparagraph, “employee who provides educa-tional services” means a person who providesinstruction, or services related to the in-struction, of a subject usually taught in anelementary school, a secondary school or acommunity college or who provides specialeducation and related services in other thana school setting and who works for:

(A) An education service district or acommunity college district; or

(B) A state officer, board, commission,bureau, department or division in the execu-

tive branch of state government that pro-vides educational services.

(n) An employee of the Oregon LiquorControl Commission who is:

(A) A regulatory specialist; or(B) A regulatory manager.(o) A police officer as defined in ORS

801.395.(p) An employee whose duties include

personal contact with criminal offenders andwho is employed by a law enforcement unit,as defined in ORS 181A.355.

(q) A civil code enforcement officer, asdefined in ORS 192.345. [1985 c.563 §§2,3; 1989c.695 §1; 1991 c.67 §211; 1991 c.523 §1; 1991 c.789 §1; 1993c.741 §76; 1993 c.751 §17; 1997 c.872 §11; 2003 c.399 §1;2005 c.22 §513; 2005 c.292 §1a; 2007 c.71 §244; 2007 c.169§1; 2009 c.595 §1138; 2011 c.297 §1; 2012 c.54 §31; 2013 c.56§1; 2015 c.313 §4; 2015 c.614 §167; 2019 c.61 §4]

802.251 [1991 c.523 §3; 2005 c.292 §4; renumbered802.255 in 2005]

802.253 Records containing residenceaddress of corrections officer or house-hold member. (1) As used in this section:

(a) “Correctional facility” means an in-stitution used for the confinement of personsconvicted of a criminal offense or held bycourt order.

(b) “Corrections officer” means a personemployed in a correctional facility, whereverit may be located, who primarily performsthe duty of custody, control or supervisionof individuals convicted of a criminal offense.

(2) A corrections officer, who is a resi-dent of Oregon but is employed in a correc-tional facility located in a state other thanOregon, may request that any driver or ve-hicle record kept by the Department ofTransportation that contains or is requiredto contain the corrections officer’s residenceaddress contain instead the address of thecorrectional facility employing the correc-tions officer. A request under this subsectionmust:

(a) Be in a form specified by the depart-ment that includes designation of the Oregoncounty of residence.

(b) Contain verification of employment asdetermined adequate by the department toestablish eligibility for this service.

(3) Upon receipt of a request and verifi-cation under this section, the departmentshall remove the corrections officer’s resi-dence address from its records, if necessary,and substitute the address of the correctionalfacility employing the corrections officer.The department shall indicate on the recordsthat the address shown is an employmentaddress. While the request is in effect, thecorrections officer may enter the address ofthe correctional facility employing the cor-



rections officer on any driver or vehicle formissued by the department that requires anaddress.

(4) If the corrections officer ceases to beemployed in the correctional facility, thecorrections officer shall notify the depart-ment of a change of address as provided inORS 803.220 or 807.560.

(5) If a corrections officer is killed in theline of duty, a person who is a householdmember of the corrections officer may re-quest that any driver or vehicle record keptby the department that contains or is re-quired to contain the household member’sresidence address continue to contain theaddress of the public agency that employedthe corrections officer for up to four yearsafter the date of the death of the correctionsofficer. On or before the date on which thefour-year period ends, the household membershall notify the department of a change ofaddress as provided in ORS 803.220 or807.560. A request under this subsectionshall be in a form specified by the depart-ment. [2005 c.292 §3; 2011 c.297 §2]

802.255 Exchange of information forimplementation of ORS 802.250 and802.253. The Department of Transportationon behalf of the State of Oregon may enterinto contracts with other states and with thefederal government for the exchange of em-ployment information necessary to implementand administer ORS 802.250 and 802.253.[Formerly 802.251]

802.260 Driver license and identifica-tion card records; contents; copies tocounties; fees. (1) In addition to any otherinformation required or permitted by law, therecords of driver licenses maintained by theDepartment of Transportation and the re-cords of identification cards issued underORS 807.400 maintained by the departmentshall include the name, address, date of birthand county of residence of each holder of anunexpired driver license and each holder ofan unexpired identification card.

(2) At the request of the clerk of court,as defined in ORS 10.010, for an Oregoncounty, or at the request of the State CourtAdministrator, the department shall furnisha copy of the records maintained for acounty under subsection (1) of this section.The department shall establish a fee reason-ably calculated to reimburse the departmentfor the actual costs of providing the recordsand shall collect the fee from the requesterof the records. [1987 c.681 §2; 1993 c.751 §18; 2003c.803 §17]

802.270 Records of insurance informa-tion. (1) The Department of Transportationshall maintain computerized records of in-surance information. The department’s com-puter system shall contain information

submitted by insurers under ORS 742.580 and806.195 and shall be accessible to law en-forcement agencies in the state for the pur-pose of determining whether a particularperson or vehicle is in compliance with thefinancial responsibility requirements of thisstate.

(2) Information provided to the depart-ment by insurers under ORS 742.580 and806.195 may not be made available to anyoneother than law enforcement officials, em-ployees of the department acting in an offi-cial capacity, other governmental agencies ifnecessary for them to carry out their duties,powers or functions or individuals when theinformation is needed to determine insurancecoverage of the individual requester or an-other individual.

(3) A computer system designed for thepurposes specified in this section shall, tothe extent possible, enable insurers to trans-fer information directly to the computer in away that is most convenient for the insurersand the department.

(4) Records of insurance coverage main-tained by the department under this sectionare for the purpose of helping law enforce-ment officials determine whether there arereasonable grounds to believe that a personis operating a vehicle in violation of ORS806.010. In any other dispute about motorvehicle insurance coverage, if there is aconflict between the records of the depart-ment and the records of the insurer, the re-cords of the insurer shall be presumed to beaccurate. [1993 c.746 §8; 2001 c.104 §299]

TRANSPORTATION SAFETY PROGRAMS AND

TRAFFIC SAFETY EDUCATION802.300 Transportation Safety Com-

mittee; members, compensation, ex-penses; staff. (1) The Transportation SafetyCommittee is created within the Departmentof Transportation to advise the departmentand the Oregon Transportation Commissionconcerning the functions described underORS 802.310 and to perform any other func-tions related to transportation safety that thecommission delegates. The committee estab-lished under this section shall consist of fivemembers appointed by the Governor on therecommendation of the commission. The termof office of each member is four years. Beforethe expiration of the term of a member, theGovernor shall appoint a successor. A mem-ber is eligible for reappointment. In case ofa vacancy for any cause, the Governor shallappoint a person to fill the office for the un-expired term.

(2) The Governor shall appoint one mem-ber of the committee established under this



section as the chair and another member asvice chair.

(3) A member of the committee estab-lished under this section is entitled to com-pensation and expenses as provided underORS 292.495.

(4) The Director of Transportation mayappoint assistants, consultants, clerical staffand other employees needed to carry out thepurposes of the committee but shall, as muchas possible, consolidate the staff and coordi-nate the activities of the committee withother staff and activities of the department.[1983 c.338 §119; 1991 c.453 §6; 1993 c.741 §77]

802.310 Transportation safety pro-grams; administrator. (1) The administra-tor for transportation safety shall serve asthe Governor’s representative for highwaysafety in conformity with the Federal High-way Safety Act of 1966. The Director ofTransportation and the Oregon Transporta-tion Commission shall be responsible to theGovernor for the administration of the statetransportation safety programs. All reportsand recommendations relating to programevaluations, assignment of responsibilitiesand approval of plans and activities shall beprovided to the Governor by the commission.

(2) The Department of Transportation, inconsultation with the Transportation SafetyCommittee, shall do the following:

(a) Organize, plan and conduct a state-wide transportation safety program.

(b) Coordinate general activities and pro-grams of the several departments, divisionsor agencies of the state engaged in promot-ing transportation safety.

(c) Provide transportation safety infor-mation and develop other measures of publicinformation.

(d) Cooperate fully with all national, lo-cal, public and private agencies and organ-izations interested in the promotion oftransportation safety.

(e) Serve as a clearinghouse for alltransportation safety materials and informa-tion used throughout the state.

(f) Cooperate in promoting research, spe-cial studies and analysis of problems con-cerning transportation safety.

(g) Make studies and suitable recommen-dations to the legislature concerning safetyregulations and laws.

(3) The department shall review plansand applications for participation by countiesand cities in the federal government highwaysafety programs conducted under the FederalHighway Safety Act of 1966 and any amend-ments thereto. The committee shall makerecommendations to the department regard-ing the approval of plans and applications

under ORS 802.315. [1983 c.338 §873; 1991 c.453 §7;1993 c.741 §78; 2005 c.70 §4]

802.315 Department authority to applyfor and receive federal highway safetyprogram grants and other funds; localgovernment program participation. (1)The Department of Transportation, with theadvice of the Transportation Safety Commit-tee, may apply for, accept, receive and dis-burse grants available from the federalgovernment or any of its agencies to carryout approved state highway safety programsconducted under the Federal Highway SafetyAct of 1966 and the amendments thereto.

(2) The department may accept fundsfrom other sources and enter into such con-tracts or agreements and do all things nec-essary to receive such funds for the purposesof carrying out in this section and ORS802.300, 802.329, 802.331 and 802.340. How-ever, funds shall not be accepted that aresubject to a restriction or condition that isin conflict with any law of this state.

(3) The department, considering the rec-ommendations of the Transportation SafetyCommittee, shall approve plans or applica-tions for participation by counties and citiesin the federal government highway safetyprograms conducted under the Federal High-way Safety Act of 1966 and any amendmentsthereto. The approval of plans and applica-tions shall be done in accordance with theuniform standards of the federal governmentregarding such programs. Subject to anyconditions of the grant, the department shalldisburse any funds received from the federalgovernment or any of its agencies for countyand city highway safety programs. [Formerly802.410]

802.320 Motorcycle safety program;contents; fees; contracts. (1) In addition toany duties under ORS 802.310, the Depart-ment of Transportation, in consultation withthe Transportation Safety Committee, shallestablish a motorcycle safety program thatcomplies with this section to the extentmoneys are available for such program fromthe Motorcycle Safety Subaccount underORS 802.340. The program established mayinclude the following:

(a) Motorcycle safety promotion and pub-lic education.

(b) The development of training sites forcourses approved by the department to teachsafe and proper operation of motorcycles andmopeds.

(c) Classroom instruction and actualdriving instruction necessary to teach safeand proper operation of motorcycles andmopeds.

(d) The development of a mobile trainingunit.



(e) The acquisition of films and equip-ment that may be loaned to the public forthe encouragement of motorcycle and mopedsafety.

(f) Advice and assistance, including mon-etary assistance, for motorcycle safety pro-grams operated by government ornongovernment organizations.

(g) Other education or safety programsthe department determines will help promotethe safe operation of motorcycles andmopeds, promote safe and lawful drivinghabits, assist in accident prevention and re-duce the need for intensive highway policing.

(2) Subject to the State Personnel Re-lations Law under ORS chapter 240, the de-partment shall employ such employees as thedepartment determines necessary to carryout the purposes of this section to:

(a) Advise and assist motorcycle safetyprograms in this state.

(b) Act as a liaison between governmentagencies and advisory committees and inter-ested motorcyclist groups.

(3) The department may provide for theperformance of training and other functionsof the program established under this sectionby contracting with any private or public or-ganizations or entities the department deter-mines appropriate to achieve the purposes ofthis section. The organizations the depart-ment may contract with under this subsec-tion include, but are not limited to, nonprofitprivate organizations, private organizationsthat are operated for profit, public or privateschools, community colleges or public agen-cies or political subdivision.

(4) The department may charge a fee forservices provided under the program estab-lished under this section. Any fee charged bythe department under this subsection mustbe established by rule and may not be in anamount that will discourage persons fromparticipating in safety programs offered bythe department under this section. [1985 c.16§442; 1989 c.427 §3; 1991 c.453 §8; 2015 c.138 §22]

802.325 Bicycle safety program; con-tents; fees. (1) The Department of Trans-portation, in consultation with theTransportation Safety Committee, shall es-tablish a bicycle safety program that com-plies with this section to the extent moneysare available for such program. The programestablished may include the following:

(a) Bicycle safety promotion and publiceducation.

(b) Advice and assistance for bicyclesafety programs operated by government ornongovernment organizations.

(c) Classroom instruction and actual rid-ing instruction necessary to teach safe andproper operation of bicycles.

(d) Bicycle education and informationthat assist police agencies in the enforce-ment of bicycle laws.

(e) Other education or safety programsthe department determines will help promotethe safe operation of bicycles, promote safeand lawful riding habits and assist in acci-dent prevention.

(2) The department shall act as a liaisonbetween government agencies and advisorycommittees and interested bicyclist groups.

(3) The department may accept donationsand solicit grants to enable the departmentto carry out the functions of this section.

(4) The department may charge a fee forservices provided under the program estab-lished under this section. Any fee charged bythe department under this subsection mustbe established by rule and may not be in anamount that will discourage persons fromparticipating in safety programs offered bythe department under this section. [1987 c.683§2; 1991 c.453 §9; 2015 c.138 §23]

802.329 City and county highwaysafety program participation authorized.Any city or county may participate in thehighway safety program and do all thingsnecessary to secure the benefits availableunder ORS 802.310 and 802.315 and under theFederal Highway Safety Act of 1966 and anyamendments thereto. [Formerly 802.420]

802.330 [1983 c.338 §138; repealed by 1991 c.453 §17]

802.331 Highway Safety Trust Ac-count. The Highway Safety Trust Accountis established separate and distinct from theGeneral Fund. All moneys received by theDepartment of Transportation under ORS802.315 shall be paid into the State Treasuryand credited to the account established un-der this section. All moneys in the accountestablished under this section are contin-uously appropriated for and shall be used bythe department in carrying out the purposesfor which the funds were received. [Formerly802.400; 2003 c.81 §12; 2005 c.22 §514]

802.340 Transportation Safety Ac-count; uses; Motorcycle Safety Subac-count. (1) The Transportation SafetyAccount is established in the General Fundof the State Treasury. Except as provided insubsection (2) of this section, all moneycredited to the account established underthis section is appropriated continuously forand shall be used by the Department ofTransportation to carry out the followingpurposes:

(a) Payment of the per diem, travel andother expenses of the Transportation SafetyCommittee.



(b) Payment of the expenses of the de-partment in performance of its duties relatedto transportation safety.

(c) Functions or programs establishedunder ORS 802.315.

(2) There is established in the accountcreated under subsection (1) of this sectiona subaccount to be known as the MotorcycleSafety Subaccount. The subaccount shallconsist of moneys credited to the subaccountunder ORS 807.370 and as otherwise providedby law. The subaccount shall be accountedfor separately. Moneys in the subaccount arecontinuously appropriated to the departmentfor and shall be used to carry out the pur-poses provided under ORS 802.320. [1983 c.338§139; 1985 c.16 §41; 1991 c.453 §10; 1993 c.741 §79]

802.345 [1999 c.328 §4; renumbered 336.802 in 2013]

COMMITTEES AND BOARDS802.350 Winter Recreation Advisory

Committee; members; meetings; rules. (1)The Winter Recreation Advisory Committeeis created to perform the functions describedfor the committee under ORS 810.170.

(2) The committee created under thissection shall consist of seven members ap-pointed by the Oregon Transportation Com-mission as follows:

(a) Two persons representing ski areaoperators;

(b) One member representing the OregonNordic Club;

(c) One person representing the PacificNorthwest Ski Association;

(d) One member representing the OregonState Snowmobile Association; and

(e) Two members from the general publicinterested in winter recreation in this state.

(3) Members of the committee establishedunder this section shall not receive compen-sation for their service on the committee.

(4) The members shall be appointed toserve for terms of four years. Vacancies onthe committee shall be filled by appointmentby the commission for the unexpired term.

(5) The committee shall meet regularlyfour times a year at times and places fixedby the chair of the committee. The commit-tee may meet at other times specified by thechair or a majority of the members of thecommittee.

(6) The Department of Transportationshall provide assistance and space for meet-ings as requested by the chair of the com-mittee.

(7) The committee shall adopt rules togovern its proceedings and shall select achair and any other officers it considersnecessary.

(8) Members of the advisory committeeshall be entitled to actual and necessary ex-penses as provided by ORS 292.495 (2). [1983c.338 §122; 1989 c.498 §1]

802.360 [1985 c.459 §23; 1987 c.587 §10; 1989 c.991 §5;1997 c.229 §2; repealed by 1999 c.977 §38]

802.370 Advisory committee on vehicledealer regulation; members; compensa-tion. (1) The Director of Transportation shallestablish an advisory committee to advise theDepartment of Transportation on the admin-istration of laws regulating vehicle dealersunder the vehicle code.

(2) The department shall consult with thecommittee established under this section be-fore the department adopts any rules underORS 822.035 or before taking any discipli-nary action against a dealer under ORS822.050 to revoke, suspend, place the dealeron probation or levy a civil penalty againstthe dealer.

(3) The director shall appoint membersof the committee established under this sec-tion and the members shall serve at thepleasure of the director. The director shallappoint members to the committee that rep-resent vehicle dealers and members that rep-resent the interests of the general public inthe ownership, purchase and use of vehicles.

(4) The members of the committee estab-lished under this section shall serve withoutcompensation or expenses for services per-formed. [1983 c.338 §121; 1985 c.16 §33; 1991 c.541 §9]

802.380 [1983 c.338 §123; 1989 c.1006 §5; repealed by1993 c.742 §117]

802.390 [1983 c.338 §137; repealed by 1993 c.742 §117]802.400 [1983 c.338 §140; 1991 c.453 §11; renumbered

802.331 in 1991]802.410 [1983 c.338 §874; 1991 c.453 §12; renumbered

802.315 in 1991]802.420 [1983 c.338 §875; renumbered 802.329 in 1991]

RECIPROCAL AGREEMENTS ANDINTERSTATE COMPACTS

802.500 Authority for reciprocal regis-tration agreements; permitted provisions;requirements; limitations. The Director ofTransportation may enter into agreementswith the duly authorized representatives ofany jurisdiction that issues registration toestablish reciprocal privileges or registrationexemptions for vehicles as described in thissection. All of the following apply to anagreement established under the authoritygranted by this section:

(1) An agreement may establish any ofthe following benefits, privileges and ex-emptions with respect to the operation ofcommercial or noncommercial vehicles inthis state:

(a) For purposes of ORS 803.305 ex-emptions from registration and payment,



wholly or partially, of any vehicle or regis-tration fees.

(b) Privileges relating to vehicles used bypersons with disabilities.

(c) Privileges relating to vehicle parking.(d) Privileges relating to vehicle dealers.(e) Privileges, exemptions or benefits re-

lating to farm vehicles or implements ofhusbandry.

(f) Privileges relating to persons com-mercially transporting vehicles.

(g) Any similar privileges, benefits or ex-emptions relating to the operation of vehi-cles.

(h) Privileges, benefits or exemptions re-lating to the registration of fleets of vehicles.

(2) An agreement shall only grant theprivileges, benefits and exemptions to a ve-hicle or the owner of a vehicle if the vehicleis any of the following:

(a) Registered in the jurisdiction wherethe person registering the vehicle has a legalresidence.

(b) A commercial vehicle registered in ajurisdiction where the commercial enterprisein which the vehicle is used has a place ofbusiness. To qualify under this paragraph thevehicle must be assigned to the place ofbusiness and the place of business must bethe place from which or in which the vehicleis most frequently dispatched, garaged, ser-viced, maintained, operated or otherwisecontrolled.

(c) A commercial vehicle registered in ajurisdiction where the vehicle has been reg-istered because of an agreement between twojurisdictions or a declaration issued by anyjurisdiction.

(3) An agreement shall retain the rightof the Department of Transportation to makethe final determination as to the proper placeof registration of a vehicle when there is adispute or doubt concerning the proper placeof registration. An agreement shall retainthe right of the department to confer withthe departments of other jurisdictions af-fected when making a determination underthis subsection.

(4) An agreement shall not provide forany benefit, exemption or privilege with re-spect to fuel taxes, use fuel taxes, weightmile taxes or any other fees or taxes leviedor assessed against the use of highways oruse or ownership of vehicles except registra-tion taxes, fees and requirements.

(5) An agreement must provide that anyvehicle registered in this state will receive asimilar kind or degree of exemptions, benefitsand privileges when operated in another ju-

risdiction that is party to the agreement asvehicles registered in the other jurisdictionreceive when operated in this state.

(6) An agreement, in the judgment of thedirector, shall be in the best interest of thisstate and its citizens, shall be fair and equi-table to this state and its citizens and shallbe determined on the basis and recognitionof benefits that accrue to the economy of thisstate from the uninterrupted flow of com-merce.

(7) An agreement may authorize a vehiclethat would otherwise be required to be reg-istered in one jurisdiction to be registered inanother jurisdiction without losing any ben-efit, exemption or privilege under the agree-ment if the vehicle is operated from a baselocated in the other jurisdiction.

(8) An agreement may allow the lesseeor lessor of a vehicle, subject to the termsand conditions of the lease to receive bene-fits, exemptions and privileges under theagreement.

(9) An agreement may authorize the de-partment to suspend or cancel any excep-tions, benefits or privileges granted to anyperson under the agreement if the person vi-olates any of the terms or conditions of theagreement or violates any law or rule of thisstate relating to vehicles.

(10) All agreements shall be in writingand filed with the department within 10 daysafter execution or the effective date of theagreement, whichever is later.

(11) An agreement may be a limited typeagreement with any state bordering thisstate as described in this subsection. Anagreement described under this subsection issubject to all of the following:

(a) The benefits, exemptions and privi-leges under the agreement shall only be ex-tended to vehicles or a class of vehicles asspecified in the agreement.

(b) The agreement shall be applicableonly within an area in each state that is sit-uated along the boundary between the statesand that is substantially equal in size.

(c) The usage permitted of the vehicles inthe two areas shall be as substantially equalas may be practicable.

(d) The areas and usage subject to theagreement shall be described in the agree-ment.

(e) Proportional registration shall not berequired under the agreement.

(f) The agreement shall comply withother mandatory provisions of this sectionand may contain any other provisions de-scribed under this section.



(g) A vehicle operating under the agree-ment may be required to obtain a permit un-der ORS 803.610.

(12) An agreement may require the dis-play or submission of evidence of registrationfor any vehicle operating under the agree-ment. [1983 c.338 §142; 1985 c.16 §43; 1985 c.668 §3; 1993c.174 §2; 2007 c.70 §323]

802.510 [1983 c.338 §144; 1985 c.16 §44; 1985 c.668 §5;repealed by 1989 c.43 §37]

802.520 Authority to grant registra-tion privileges or exemptions to vehiclesregistered in other jurisdictions; declara-tion; limitations. The Director of Transpor-tation may examine the laws andrequirements of any jurisdiction that issuesout-of-state registration and may grant aprivilege or a registration exemption de-scribed in this section to vehicles or ownersof vehicles registered in that jurisdiction. Allof the following apply to the authoritygranted by this section:

(1) The director may only grant privilegesor registration exemptions under this sectionto vehicles that are registered in jurisdic-tions that do not have an agreement withthis state for privileges or registration ex-emptions under ORS 802.500 or 826.005 or anagreement for proportional registration withthis state under ORS 826.007.

(2) All grants of privileges and registra-tion exemptions under this section shall beby declaration, shall be in writing and shallbe filed with the Department of Transporta-tion within 10 days after execution or effec-tive date, whichever is later.

(3) A declaration may grant benefits,privileges and exemptions with respect to theoperation of commercial or noncommercialvehicles in this state of the same type thatmay be established by agreement under ORS802.500 or 826.005.

(4) A declaration shall only grant theprivileges, benefits and exemptions to a ve-hicle or the owner of a vehicle if the vehicleis any of the following:

(a) Registered in the jurisdiction wherethe person registering the vehicle has a legalresidence.

(b) A commercial vehicle registered in ajurisdiction where the commercial enterprisein which the vehicle is used has a place ofbusiness. To qualify under this paragraph thevehicle must be assigned to the place ofbusiness and the place of business must bethe place from which or in which the vehicleis most frequently dispatched, garaged, ser-viced, maintained, operated or otherwisecontrolled.

(c) A commercial vehicle registered in ajurisdiction where the vehicle has been reg-

istered because of an agreement between twojurisdictions or a declaration issued by anyjurisdiction.

(5) The department shall make any finaldetermination in any case of doubt or disputeas to the proper place of registration of avehicle, but may confer with departments ofother jurisdictions affected.

(6) A declaration shall not provide forany benefit, exemption or privilege with re-spect to fuel taxes, use fuel taxes, weightmile taxes or other fees or taxes levied orassessed against the use of highways or useor ownership of vehicles except registrationtaxes, fees and requirements.

(7) A declaration shall only grant bene-fits, exemptions or privileges that are, in thejudgment of the director, in the best interestof this state and its citizens, fair and equita-ble to this state and its citizens and deter-mined on the basis and with recognition ofbenefits that accrue to the economy of thisstate from the uninterrupted flow of com-merce.

(8) A declaration may authorize a vehiclethat would otherwise be required to be reg-istered in one jurisdiction to be registered inanother jurisdiction without losing any ben-efit, exemption or privilege under the decla-ration if the vehicle is operated from a baselocated in the other jurisdiction.

(9) A declaration may allow the lessee orlessor of a vehicle, subject to the terms andconditions of the lease, to receive benefits,exemptions and privileges under the declara-tion.

(10) A declaration may authorize the de-partment to suspend or cancel any ex-emptions, benefits or privileges granted toany person under the declaration if the per-son violates any of the terms or conditionsof the declaration or violates any law or ruleof this state relating to vehicles. [1983 c.338§143; 1985 c.668 §4; 1989 c.43 §16]

802.530 Authority of department forreciprocal agreements concerning trafficoffenses; permitted provisions; fees; limi-tations; rules; report. The Department ofTransportation is authorized to enter intobilateral or multilateral reciprocal agree-ments with other jurisdictions to providemutual assistance in the disposition of trafficoffenses committed by residents of one juris-diction while in another jurisdiction. Agree-ments authorized by this section are subjectto the following:

(1) An agreement may provide for thesharing of information between and amongjurisdictions concerning driving records, ve-hicle registration records and records con-cerning the granting, denial, revocation orsuspension of driving privileges.



(2) An agreement may provide that a ju-risdiction will suspend the driving privilegesof a resident of the jurisdiction if the resi-dent does not comply with the requirementsand responsibilities created by citation for orconviction of a traffic offense in another ju-risdiction.

(3) An agreement may provide that a ju-risdiction will refuse to issue or renew adriver license or permit or to issue a dupli-cate or replacement license or permit for aresident of the jurisdiction if the residentdoes not comply with the requirements andresponsibilities created by citation for orconviction of a traffic offense in another ju-risdiction.

(4) An agreement may be limited to cer-tain traffic offenses.

(5) An agreement may provide for the es-tablishment of fees for and collection of feesfrom persons cited for traffic offenses orconvicted of traffic offenses who are subjectto the terms of the agreement. Any agencyof this state that participates in a programestablished by an agreement authorized bythis section is granted authority to establishfees for and collect fees from persons subjectto an agreement. Fees established for pur-poses of this subsection must be establishedby rule. No fee established for purposes ofthis subsection may exceed an amount nec-essary to recover the actual cost incurred byparticipation in the program established bythe agreement.

(6) An agreement may provide that resi-dents of one jurisdiction who are issued ci-tations for traffic offenses in anotherjurisdiction will be released on recognizancewithout requirement of security deposit orbail. Nothing in this subsection authorizesan agreement that prohibits a court from re-leasing on security release, as defined inORS 135.230, a person charged with a trafficcrime.

(7) An agreement may provide that onejurisdiction will act as agent for another ju-risdiction in the disposition of traffic offensescommitted in the other jurisdiction. No pro-vision described under this subsection maybe established that requires the participationof courts of this state unless the Oregon Su-preme Court establishes rules under ORS1.002 to provide procedures for court partic-ipation.

(8) No agreement may be established un-der this section to provide for assistance indealing with:

(a) Offenses other than traffic offenses.(b) Parking offenses.(c) Bicycle offenses.(d) Pedestrian offenses.

(9) Any agreement established under thissection must provide that this state maywithdraw from the agreement upon notice ofnot more than 90 days.

(10) An agreement may include any otherprovision that the department determineswill assist in the disposition of traffic of-fenses committed by residents of one juris-diction while in another jurisdiction or willincrease the convenience for residents of thisstate in complying with requirements andresponsibilities created by citation for orconviction of a traffic offense in another ju-risdiction.

(11) The department may adopt rulesnecessary to implement any agreement es-tablished under this section.

(12) The department must submit a reporton any agreement proposed under this sec-tion to the presiding officers of each houseof the Oregon Legislative Assembly at least30 days before the agreement may take ef-fect. An agreement described under this sec-tion cannot take effect in this state unlessthe department complies with this subsec-tion. [1985 c.396 §2; 1993 c.102 §1; 1999 c.1051 §85]

802.540 Driver License Compact. TheDriver License Compact is enacted into lawand entered into on behalf of this state withall other states legally joining therein in aform substantially as follows:__________________________________________

ARTICLE IFINDINGS AND DECLARATION

OF POLICY(a) The party states find that:(1) The safety of their streets and high-

ways is materially affected by the degree ofcompliance with state laws and local ordi-nances relating to the operation of motorvehicles.

(2) Violation of such a law or ordinanceis evidence that the violator engages in con-duct which is likely to endanger the safetyof persons and property.

(3) The continuance in force of a licenseto drive is predicated upon compliance withlaws and ordinances relating to the operationof motor vehicles, in whichever jurisdictionthe vehicle is operated.

(b) It is the policy of each of the partystates to:

(1) Promote compliance with the laws,ordinances, and administrative rules andregulations relating to the operation of mo-tor vehicles by their operators in each of thejurisdictions where such operators drive mo-tor vehicles.

(2) Make the reciprocal recognition of li-censes to drive and eligibility therefor more



just and equitable by considering the overallcompliance with motor vehicle laws, ordi-nances and administrative rules and regu-lations as a condition precedent to thecontinuance or issuance of any license byreason of which the licensee is authorized orpermitted to operate a motor vehicle in anyof the party states.

ARTICLE IIDEFINITIONS

As used in this compact:(a) “State” means a state, territory or

possession of the United States, the Districtof Columbia, or the Commonwealth of PuertoRico.

(b) “Home state” means the state whichhas issued and has the power to suspend orrevoke the use of the license or permit tooperate a motor vehicle.

(c) “Conviction” means a conviction ofany offense related to the use or operationof a motor vehicle which is prohibited bystate law, municipal ordinance or adminis-trative rule or regulation, or a forfeiture ofbail, bond or other security deposited to se-cure appearance by a person charged withhaving committed any such offense, andwhich conviction or forfeiture is required tobe reported to the licensing authority.

ARTICLE IIIREPORTS OF CONVICTION

The licensing authority of a party stateshall report each conviction of a person fromanother party state occurring within its ju-risdiction to the licensing authority of thehome state of the licensee. Such report shallclearly identify the person convicted; de-scribe the violation specifying the section ofthe statute, code or ordinance violated; iden-tify the court in which action was taken; in-dicate whether a plea of guilty or not guiltywas entered, or the conviction was a resultof the forfeiture of bail, bond or other secu-rity; and shall include any special findingsmade in connection therewith.

ARTICLE IVEFFECT OF CONVICTION

(a) The licensing authority in the homestate, for the purposes of suspension, revoca-tion or limitation of the license to operate amotor vehicle, shall give the same effect tothe conduct reported, pursuant to Article IIIof this compact, as it would if such conducthad occurred in the home state, in the caseof convictions for:

(1) Manslaughter or negligent homicideresulting from the operation of a motor ve-hicle;

(2) Driving a motor vehicle while underthe influence of intoxicating liquor or a nar-cotic drug or a controlled substance, or un-

der the influence of any other drug orsubstance to a degree which renders thedriver incapable of safely driving a motorvehicle;

(3) Any felony in the commission ofwhich a motor vehicle is used;

(4) Failure to stop and render aid in theevent of a motor vehicle accident resultingin the death or personal injury of another.

(b) As to other convictions, reported pur-suant to Article III, the licensing authorityin the home state shall give such effect tothe conduct as is provided by the laws of thehome state.

(c) If the laws of a party state do notprovide for offenses or violations denomi-nated or described in precisely the wordsemployed in subdivision (a) of this Article,such party state shall construe the denomi-nations and descriptions appearing in subdi-vision (a) hereof as being applicable to andidentifying those offenses or violations of asubstantially similar nature and the laws ofsuch party state shall contain such pro-visions as may be necessary to insure thatfull force and effect is given to this Article.

ARTICLE VAPPLICATIONS FOR NEW LICENSES

Upon application for a license to drive,the licensing authority in a party state shallascertain whether the applicant has everheld, or is the holder of a license to driveissued by any other party state. The licens-ing authority in the state where applicationis made shall not issue a license to drive tothe applicant if:

(1) The applicant has held such a license,but the same has been suspended by reason,in whole or in part, of a violation and if suchsuspension period has not terminated.

(2) The applicant has held such a license,but the same has been revoked by reason, inwhole or in part, of a violation and if suchrevocation has not terminated, except thatafter the expiration of one year from the datethe license was revoked, such person maymake application for a new license if permit-ted by law. The licensing authority may re-fuse to issue a license to any such applicantif, after investigation, the licensing authoritydetermines that it will not be safe to grantto such person the privilege of driving a mo-tor vehicle on the public highways.

(3) The applicant is the holder of a li-cense to drive issued by another party stateand currently in force unless the applicantsurrenders such license.

ARTICLE VIAPPLICABILITY OF OTHER LAWSExcept as expressly required by pro-

visions of this compact, nothing contained



herein shall be construed to affect the rightof any party state to apply any of its otherlaws relating to licenses to drive to any per-son or circumstance, nor to invalidate orprevent any driver license agreement orother cooperative arrangement between aparty state and a nonparty state.

ARTICLE VIICOMPACT ADMINISTRATOR ANDINTERCHANGE OF INFORMATION(a) The head of the licensing authority

of each party state shall be the administratorof this compact for his state. The adminis-trators, acting jointly, shall have the powerto formulate all necessary and proper proce-dures for the exchange of information underthis compact.

(b) The administrator of each party stateshall furnish to the administrator of eachother party state any information or docu-ments reasonably necessary to facilitate theadministration of this compact.

ARTICLE VIIIENTRY INTO FORCE AND WITHDRAWAL

(a) This compact shall enter into forceand become effective as to any state when ithas enacted the same into law.

(b) Any party state may withdraw fromthis compact by enacting a statute repealingthe same, but no such withdrawal shall takeeffect until six months after the executivehead of the withdrawing state has given no-tice of the withdrawal to the executive headsof all other party states. No withdrawal shallaffect the validity or applicability by the li-censing authorities of states remaining partyto the compact of any report of convictionoccurring prior to the withdrawal.

ARTICLE IXCONSTRUCTION AND SEVERABILITY

This compact shall be liberally construedso as to effectuate the purposes thereof. Theprovisions of this compact shall be severableand if any phrase, clause, sentence or pro-vision of this compact is declared to be con-trary to the constitution of any party stateor of the United States or the applicabilitythereof to any government, agency, personor circumstance is held invalid, the validityof the remainder of this compact and the ap-plicability thereof to any government,agency, person or circumstance shall not beaffected thereby. If this compact shall beheld contrary to the constitution of any stateparty thereto, the compact shall remain infull force and effect as to the remainingstates and in full force and effect as to thestate affected as to all severable matters.__________________________________________

[1983 c.338 §168]

802.550 Administrative provisions re-lating to license compact. The followingrelate to the Driver License Compact underORS 802.540:

(1) The Director of Transportation or thedirector’s deputy shall act as the compactadministrator. The compact administratorshall not be entitled to any additional com-pensation on account of service as compactadministrator, but shall be entitled to ex-penses incurred in connection with such ser-vice, payable the same as expenses inconnection with services as the normal du-ties of the person.

(2) When reference in the compact ismade to the executive head in this state, thereference applies to the Governor of thisstate.

(3) When reference in the compact ismade to the licensing authority in this state,the reference applies to the Department ofTransportation.

(4) In accordance with subdivision (c) ofArticle IV of the compact, the following of-fenses or violations provided by Oregon lawhereby are designated as offenses or vio-lations of a substantially similar nature asthe respective denominations and de-scriptions of conduct appearing in subdivi-sion (a) of Article IV of the compact:

(a) ORS 809.409 (1) and (2) - Article IV(a) (1).

(b) ORS 813.400 - Article IV (a) (2).(c) ORS 809.409 (4) - Article IV (a) (3).(d) ORS 809.409 (3) - Article IV (a) (4).(5) Offenses or violations other than

those referred to in subsection (4) of thissection reported to the department pursuantto Article III of the compact shall be giveneffect within the purpose of Article IV (b) ofthe compact as the other laws of this stateprovide. [1983 c.338 §169; 2003 c.402 §11; 2018 c.76 §22]

802.560 Multistate Highway Transpor-tation Agreement. The Multistate HighwayTransportation Agreement is hereby enactedinto law and entered into on behalf of thisstate with all other jurisdictions legallyjoining therein in a form substantially asfollows:__________________________________________

ARTICLE IFINDINGS AND PURPOSES

SECTION 1. Findings. The participatingjurisdictions find that:

(a) The expanding regional economy de-pends on expanding transportation capacity;

(b) Highway transportation is the majormode for movement of people and goods inthe western states;



(c) Uniform application in the west ofmore adequate vehicle size and weight stan-dards will result in a reduction of pollution,congestion, fuel consumption and relatedtransportation costs, which are necessary topermit increased productivity;

(d) A number of western states, alreadyhaving adopted substantially the 1964 Bureauof Public Roads recommended vehicle sizeand weight standards, still find current fed-eral limits more restrictive; and

(e) The participating jurisdictions aremost capable of developing vehicle size andweight standards most appropriate for theregional economy and transportation re-quirements, consistent with and in recogni-tion of principles of highway safety.

SECTION 2. Purposes. The purposes ofthis agreement are to:

(a) Adhere to the principle that eachparticipating jurisdiction should have thefreedom to develop vehicle size and weightstandards that it determines to be most ap-propriate to its economy and highway sys-tem.

(b) Establish a system authorizing theoperation of vehicles traveling between two(2) or more participating jurisdictions atmore adequate size and weight standards.

(c) Promote uniformity among participat-ing jurisdictions in vehicle size and weightstandards on the basis of the objectives setforth in this agreement.

(d) Secure uniformity insofar as possible,of administrative procedures in the enforce-ment of recommended vehicle size andweight standards.

(e) Provide means for the encouragementand utilization of research which will facili-tate the achievement of the foregoing pur-poses, with due regard for the findings setforth in section 1 of this article.

(f) Facilitate communication among leg-islators, state transportation administratorsand commercial industry representatives inaddressing the emerging highway transporta-tion issues in participating jurisdictions.

ARTICLE IIDEFINITIONS

SECTION 1. As used in this agreement:(a) “Cooperating committee” means a

body composed of the designated represen-tatives from the participating jurisdictions.

(b) “Designated representative” means alegislator authorized to represent the juris-diction appointed by the President of theSenate and the Speaker of the House ofRepresentatives in consultation.

(c) “Jurisdiction” means a state of theUnited States or the District of Columbia.

(d) “Vehicle” means any vehicle as de-fined by statute to be subject to size andweight standards which operates in two ormore participating jurisdictions.

ARTICLE IIIGENERAL PROVISIONS

SECTION 1. Qualifications for Member-ship. Participation in this agreement is opento jurisdictions which subscribe to the find-ings, purposes and objectives of this agree-ment and will seek legislation necessary toaccomplish these objectives.

SECTION 2. Cooperation. The participat-ing jurisdictions, working through their des-ignated representatives, shall cooperate andassist each other in achieving the desiredgoals of this agreement pursuant to appro-priate statutory authority.

SECTION 3. Effect of Headings. Articleand section headings contained herein shallnot be deemed to govern, limit, modify, or inany manner affect the scope, meaning, or in-tent of the provisions of any article or sec-tion hereof.

SECTION 4. Vehicle Laws and Regu-lations. This agreement shall not authorizethe operation of a vehicle in any participat-ing jurisdiction contrary to the laws or reg-ulations thereof.

SECTION 5. Interpretation. The final de-cision regarding interpretation of questionsat issue relating to this agreement shall bereached by unanimous joint action of theparticipating jurisdictions, acting throughthe designated representatives. Results of allsuch actions shall be placed in writing.

SECTION 6. Amendment. This agreementmay be amended by unanimous joint actionof the participating jurisdictions, actingthrough the officials thereof authorized toenter into this agreement, subject to the re-quirements of section 4, Article III. Anyamendment shall be placed in writing andbecome a part hereof.

SECTION 7. Restrictions, Conditions orLimitations. Any jurisdiction entering thisagreement shall provide each other partic-ipating jurisdiction with a list of any re-striction, condition or limitation on thegeneral terms of this agreement, if any.

SECTION 8. Additional Jurisdictions.Additional jurisdictions may become mem-bers of this agreement by signing and ac-cepting the terms of the agreement.

ARTICLE IVCOOPERATING COMMITTEE

SECTION 1. Each participating jurisdic-tion shall have two designated represen-tatives. Pursuant to section 2, Article III, thedesignated representatives of the participat-



ing jurisdictions shall constitute a committeewhich shall have the power to:

(a) Collect, correlate, analyze and evalu-ate information resulting or derivable fromresearch and testing activities in relation tovehicle size and weight related matters.

(b) Recommend and encourage theundertaking of research and testing in anyaspect of vehicle size and weight or relatedmatter when, in their collective judgment,appropriate or sufficient research or testinghas not been undertaken.

(c) Recommend changes in law or policywith emphasis on compatibility of laws anduniformity of administrative rules or regu-lations which would promote effective gov-ernmental action or coordination in the fieldof vehicle size and weight related matters.

(d) Recommend improvements in highwayoperations, in vehicular safety and in stateadministration of highway transportationlaws.

(e) Perform functions necessary to facili-tate the purposes of this agreement.

SECTION 2. Each designated represen-tative of a participating jurisdiction shall beentitled to one (1) vote. No action of thecommittee shall be approved unless a major-ity of the total number of votes cast by thedesignated representatives of the participat-ing jurisdictions are in favor thereof.

SECTION 3. The committee shall meetat least once annually and shall elect, fromamong its members, a chairman, a vice-chairman and a secretary.

SECTION 4. The committee shall submitannually to the legislature of each partic-ipating jurisdiction a report setting forth thework of the committee during the precedingyear and including recommendations devel-oped by the committee. The committee maysubmit such additional reports as it deemsappropriate or desirable.

ARTICLE VOBJECTIVES OF THE

PARTICIPATING JURISDICTIONSSECTION 1. Objectives. The participat-

ing jurisdictions hereby declare that:(a) It is the objective of the participating

jurisdictions to obtain more efficient andmore economical transportation by motor ve-hicles between and among the participatingjurisdictions by encouraging the adoption ofstandards that will, as minimums, allow theoperation on all State highways, except thosedetermined through engineering evaluationto be inadequate, with a single-axle weightof 20,000 pounds, a tandem-axle weight of34,000 pounds, and a gross vehicle or combi-

nation weight of that resulting from applica-tion of the formula:W = 500 ((LN/N - 1) + 12N + 36)where W = maximum weight in pounds

carried on any group of two or moreaxles computed to nearest 500 pounds.

L = distance in feet betweenthe extremes of any group of twoor more consecutive axles.

N = number of axles in groupunder consideration.

(b) It is the further objective of the par-ticipating jurisdictions that the operation ininterstate commerce of a vehicle or combi-nation of vehicles that exceeds statutorymaximum weights or statutory maximumlengths be authorized under special permitauthority by each participating jurisdiction.

(c) It is the further objective of the par-ticipating jurisdictions to facilitate and ex-pedite the operation of any vehicle orcombination of vehicles between and amongthe participating jurisdictions under the pro-visions of subsection (a) or (b) of this section,and to that end the participating jurisdic-tions hereby agree, through their designatedrepresentatives, to meet and cooperate in theconsideration of vehicle size and weight re-lated matters including, but not limited to,the development of: uniform enforcementprocedures; additional vehicle size andweight standards; operational standards;agreements or compacts to facilitate regionalapplication and administration of vehicle sizeand weight standards; uniform permit proce-dures; uniform application forms; rules andregulations for the operation of vehicles, in-cluding equipment requirements, driver qual-ifications, and operating practices; and suchother matters as may be pertinent.

(d) It is the further objective of the par-ticipating jurisdictions to authorize the co-operating committee to recommend that theparticipating jurisdictions jointly secure con-gressional approval of this agreement and,specifically, of the vehicle size and weightstandards set forth in subsection (a) of thissection.

(e) It is the further objective of the par-ticipating jurisdictions to:

(1) Establish transportation laws andregulations to meet regional economic needsand to promote an efficient, safe and con-sistent transportation network;

(2) Develop standards that facilitate themost efficient and environmentally sound op-eration of vehicles on highways consistentwith and in recognition of principles ofhighway safety; and

(3) Establish programs to increase pro-ductivity and reduce congestion, fuel con-sumption and related transportation costsand enhance air quality through the uniform



application of state vehicle regulations andlaws.

(f) It is the further objective of the par-ticipating jurisdictions that in carrying outsubsection (e) of this section, the participat-ing jurisdictions shall give priority to ensur-ing the long term financial stability of thehighway infrastructure, considering the netbenefits across all modes and all segments ofindustry and society and not focusing on in-cremental changes where there is no longterm guiding policy.

ARTICLE VIENTRY INTO FORCE AND WITHDRAWAL

SECTION 1. This agreement shall enterinto force when enacted into law by any two(2) or more jurisdictions. Thereafter, thisagreement shall become effective as to anyother jurisdiction upon its enactmentthereof, except as otherwise provided in sec-tion 8, Article III.

SECTION 2. Any participating jurisdic-tion may withdraw from this agreement bycanceling the same but no such withdrawalshall take effect until thirty (30) days afterthe designated representative of the with-drawing jurisdiction has given notice inwriting of the withdrawal to all other par-ticipating jurisdictions.

ARTICLE VIICONSTRUCTION AND SEVERABILITY

SECTION 1. This agreement shall be lib-erally construed so as to effectuate the pur-poses thereof.

SECTION 2. The provisions of thisagreement shall be severable and if anyphrase, clause, sentence or provision of thisagreement is declared to be contrary to theconstitution of any participating jurisdictionor the applicability thereto to any govern-ment, agency, person or circumstance is heldinvalid, the validity of the remainder of thisagreement shall not be affected thereby. Ifthis agreement shall be held contrary to theconstitution of any jurisdiction participatingherein, the agreement shall remain in fullforce and effect as to the jurisdictions af-fected as to all severable matters.

ARTICLE VIIIFILING OF DOCUMENTS

SECTION 1. A copy of this agreement,its amendments, and rules or regulationspromulgated thereunder and interpretationsthereof shall be filed in the highway depart-ment in each participating jurisdiction andshall be made available for review by inter-ested parties.

ARTICLE IXEXISTING STATUTES NOT REPEALED

SECTION 1. All existing statutes pre-scribing weight and size standards and allexisting statutes relating to special permitsshall continue to be of force and effect untilamended or repealed by law.

ARTICLE XSTATE GOVERNMENT DEPARTMENTS

AUTHORIZED TO COOPERATEWITH COOPERATING COMMITTEESECTION 1. Within appropriations avail-

able therefor, the departments, agencies andofficers of the government of this state shallcooperate with and assist the cooperatingcommittee within the scope contemplated byArticle IV, section 1(a) and (b) of the agree-ment. The departments, agencies and officersof the government of this state are author-ized generally to cooperate with said cooper-ating committee.__________________________________________

[1983 c.338 §172; 1985 c.172 §5; 2001 c.610 §1]

802.565 Participation by departmentand payment of fees. The Director ofTransportation shall:

(1) Appoint an employee of the Depart-ment of Transportation to participate inmeetings held by the cooperating committeecreated pursuant to the Multistate HighwayTransportation Agreement under ORS802.560.

(2) Pay any membership fee required bythe Multistate Highway TransportationAgreement from funds appropriated to thedepartment. [2011 c.629 §5]

Note: 802.565 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofthe Oregon Vehicle Code or any chapter or seriestherein by legislative action. See Preface to Oregon Re-vised Statutes for further explanation.

802.570 Compensation and reimburse-ment for legislative representative underMultistate Highway TransportationAgreement. A legislator who is a designatedrepresentative under ORS 802.560 is entitledto compensation and expense reimbursementunder ORS 171.072, payable from funds ap-propriated to the Legislative Assembly. [1987c.879 §21; 2001 c.610 §2]

AGREEMENTS WITH PRIVATECONTRACTORS

802.600 Agreements to transact de-partment business; fees; rules. (1) TheDepartment of Transportation may enter intoan agreement with any person who is not anemployee of the department, including butnot limited to an integrator, enabling theperson to transact on behalf of the depart-



ment the following functions of the depart-ment:

(a) Any vehicle-related transaction forwhich the department is responsible.

(b) Processing of fees or taxes for avehicle-related transaction for which the de-partment is responsible.

(c) Written and skills testing for driverlicenses and permits, including commercialdriver licenses.

(2) An agreement described in subsection(1) of this section may be in any form andmay contain any provisions that the depart-ment determines to be in the best interestsof the public and convenient for the depart-ment, including but not necessarily limitedto provisions that allow the department to:

(a) Ensure product quality control.(b) Audit activities of the person entering

into the agreement to ensure compliancewith the agreement.

(c) Impose sanctions on a person for vio-lation of the agreement.

(3) A person authorized to transact busi-ness for the department under this section,including but not limited to a person whotransacts business under contract with anintegrator, may charge a fee for the servicesprovided. Fees authorized under this subsec-tion are in addition to any charges or feesthat the department is authorized by statuteto collect for the transaction.

(4)(a) The department may adopt suchrules as are necessary to carry out the pro-visions of this section, including but notlimited to rules that:

(A) Specify criteria for eligibility of aperson to enter into an agreement with thedepartment under this section.

(B) Specify the manner in which fees au-thorized by this section will be collected andestablish any notification the person is re-quired to give the public about the fees.

(C) Require a bond in an amount deter-mined by the department from a person act-ing under an agreement described in thissection.

(D) Prohibit disclosure of personal infor-mation from driver or vehicle records exceptin accordance with applicable laws.

(b) The department may not adopt rulesestablishing the amount of a fee to becharged by a person acting under this sec-tion.

(c) Rules adopted under this subsectionshall be developed in consultation with per-sons who might enter into agreements withthe department under this section, includingbut not limited to integrators and vehicledealers.

(5) As used in this section, “integrator”means a person who enters into a contractwith the Department of Transportation:

(a) To provide information and suppliesto a person who transacts business for thedepartment under an agreement described inthis section; and

(b) To collect moneys due from personswho transact the business and remit themoneys to the department. [1997 c.583 §2; 1999c.59 §235; 2005 c.375 §2; 2015 c.708 §4; 2017 c.157 §1]


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