Oregon Revised Statutes

Chapter 802 — Administrative Provisions

84 sections

802.010 Duties of Department of Transportation regarding motor vehicles and drivers

The Department of Transportation shall perform all of the duties, functions and powers with respect to the following: The administration of the laws relating to the motor vehicle fuel license tax, aircraft fuel license tax and use fuel license tax including ORS chapter 319. The administration of the laws relating to motor vehicle registration and titling a…

802.012 Rules for acceptance of information submitted other than on paper; effect of submission

Notwithstanding other provisions of the Oregon Vehicle Code relating to certifications, signatures, forms or similar requirements, the Department of Transportation may adopt rules for acceptance and verification by telephone or electronic means of information customarily provided on paper forms. Rules shall address: The use of credit card, debit card person…

802.020 Administrative facilities for enforcement of motor vehicle laws

The Department of Transportation: Shall purchase the necessary stationery, record books, registration plates and postage, provide for the printing and all other necessary and incidental expenses, employ the necessary clerical assistance, and lease such real estate and buildings as the department deems necessary to carry out fully the objects and purposes of…

802.030 [1983 c.338 §116; 1985 c.16 §31; 1985 c.171 §3; 1985 c.416 §6; 1987 c.146 §1; repealed by 1997 c.583 §9]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

Nothing in ORS 802.600 prohibits the Department of Transportation from adopting rules to: Authorize persons to act as agents for the department for the purpose of issuing winter recreation parking permits. Designate vehicle dealers holding a valid certificate issued under ORS 822.020 to act as agents of the department for purposes of accepting documents an…

802.033 [2001 c.141 §1; 2005 c.375 §1; renumbered 822.043 in 2005]

802.040 Specification of certain ways of reporting

The Department of Transportation shall specify the minimum contents of a report about, and the means for reporting, accidents that are required to be reported under ORS 810.460, 811.725, 811.730 and 811.735. The department shall consult with the state police and city and county law enforcement officials before approving means for accident reports required un…

802.050 Publications; fees

The Department of Transportation may compile, publish and distribute a vehicle code book containing statutes administered by the department concerning vehicles and drivers, along with other related laws. The department may establish and collect a reasonable fee for books issued to groups or persons who are not employees of the department. Any fee established…

802.060 Acceptance of grants and other moneys for traffic safety programs; contracts

The Department of Transportation may: Apply for, accept and receive such grants, contributions or other moneys as may be available to this state or any of its agencies for research and other programs concerning the safe operation of motor vehicles upon the highways, including research or educational programs for the improvement of drivers, the reduction of …

802.070 Department to assist schools in promoting highway safety

The Department of Transportation shall assist accredited schools and educational institutions of this state in the promotion of highway safety and shall carry on with other activities under the laws providing for the registration of motor vehicles and motor vehicle operators and chauffeurs, other projects having for their purpose the prevention of motor vehi…

802.075 Rules for accident prevention course

The Department of Transportation shall adopt rules for approval of a motor vehicle accident prevention course that will qualify a person for the reduction in premium provided by ORS 742.490 to 742.494. The rules may include requirements for the contents of a course and qualifications of an organization offering a course.

802.080 [1983 c.338 §878; 1987 c.55 §1; renumbered 366.157 in 1991]

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

802.087 Rules for assisting offenders in obtaining driver license or identification card

The Department of Transportation and the Department of Corrections jointly shall adopt rules and enter into interagency agreements necessary to assist offenders in obtaining a driver license or identification card prior to an offender’s release from a Department of Corrections institution.

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 in 1993]

802.091 Removal of debris following motor vehicle accident

The Department of Transportation shall pay reasonable costs for the removal of any vehicle, cargo or debris resulting from a motor vehicle accident if: The motor vehicle accident resulted in the death of a person 18 years of age or younger; The accident occurred on a state highway; The surviving family members would otherwise be responsible for the cost o…

802.093 [2020 s.s.1 c.15 §21; repealed by 2022 c.25 §3]

FINANCIAL ADMINISTRATION

802.100 Accounts related to driver and vehicle services; uses

The following accounts are established separate and distinct from the General Fund for the financial administration of those functions of the Department of Transportation dealing with driver and motor vehicle services in accordance with ORS 802.110: The Department of Transportation Driver and Motor Vehicle Suspense Account. The account established under thi…

802.110 Procedures for financial administration; receipt and disposition of moneys; refunds; payments; limitations

Any procedures the Department of Transportation establishes for financial administration of those functions of the department dealing with driver and motor vehicle services and for the disposition and payment of moneys it receives from the provision of driver and motor vehicle services shall comply with all of the following: The department shall deposit all…

802.112 Surcharge for certain transactions; rules

The Department of Transportation may impose a surcharge on any fee the department is authorized to collect if the fee is imposed for a transaction that can be accomplished by a customer of the department in more than one way and the customer chooses the more expensive way. A surcharge imposed under this section may be added to the amount tendered by the cust…

802.120 Snowmobile fuel tax moneys; amount; disposition

Motor vehicle fuel used and purchased for providing the motive power for snowmobiles shall be considered a nonhighway use of fuel. The Director of Transportation shall withhold, from taxes collected under ORS chapter 319 during June of each year, amounts the director determines to have been paid as tax under ORS chapter 319 on fuel used in snowmobiles durin…

802.125 Transfer of all-terrain vehicle fuel taxes or special use fuel license fees

The Department of Transportation shall transfer to the State Parks and Recreation Department amounts described in subsection (2) of this section that are paid to the Department of Transportation and determined by the department to be paid with respect to fuel used by Class I, Class II, Class III and Class IV all-terrain vehicles in off-highway operation. Th…

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

There is created the Safety Education Fund, separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund. Moneys deposited in the Safety Education Fund from the Criminal Fine Account are continuously appropriated to the office of the administrator of the Transportation Safety section of the Department of Transportat…

802.160 Use of revocation and suspension reinstatement fees

The fees collected under ORS 807.370 for the reinstatement of suspended and revoked driving privileges shall be applied by the Department of Transportation to the cost of preparing and serving notices of suspension or revocation and to the cost of administering the driver improvement program authorized under ORS 809.480.

802.170 Uncollectible tender of payment; procedures

If any person pays the Department of Transportation any fee or tax with a bank check and the check is returned to the department as uncollectible, or if a person pays the department with a credit or debit card and for any reason the department does not get payment from the issuer of the card, the department may charge the person the fee for dishonored checks…

802.175 Definitions for ORS 802.175 to 802.191

As used in ORS 802.175 to 802.191: “Motor vehicle record” means any record that pertains to a grant of driving privileges, an identification card issued by the Department of Transportation, a vehicle title or a vehicle registration. “Person” means an individual, an organization or an entity, but does not include the State of Oregon or any agency thereof. …

802.177 Prohibition on release of personal information from motor vehicle records

Except as otherwise provided in ORS 802.179, neither the Department of Transportation nor any officer, employee or contractor of the department may knowingly disclose or otherwise make available to any person personal information about an individual that is obtained by the department in connection with a motor vehicle record. Except as provided in ORS 802.2…

802.179 Exemptions from prohibition on release of personal information from motor vehicle records; rules

The Department of Transportation, upon request or as required by law, shall disclose personal information from a motor vehicle record to a government agency for use in carrying out its governmental functions. The department shall disclose personal information from a motor vehicle record for use in connection with matters of motor vehicle or driver safety an…

802.180 [1983 c.338 §135; 1993 c.751 §13; repealed by 1997 c.583 §9]

802.181 Redisclosure by authorized recipients of personal information from motor vehicle records

Except as otherwise provided in subsections (2) to (5) of this section, a person or government agency that is authorized under ORS 802.179 to receive personal information from motor vehicle records may resell or redisclose the information only: To a person or government agency authorized to receive the information under ORS 802.179 and only if the person or…

802.183 Fees for and rules regarding release of personal information from motor vehicle records

The Department of Transportation may establish fees reasonably calculated to reimburse it for its actual cost in making personal information available to a person or government agency authorized under ORS 802.179 to obtain the information. Fees established under this subsection are subject to the provisions of ORS 192.324 (4) to (6). The department may adop…

802.185 Notice to individual of certain requests for information; waiver

The Department of Transportation may establish a procedure under which the department, upon receiving a request for disclosure of personal information that does not come from a person or government agency authorized under ORS 802.179 to receive the information or does not fall within one of the uses permitted under ORS 802.179, may mail a copy of the request…

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

Nothing in ORS 802.175 to 802.187 authorizes disclosure by the Department of Transportation of personal information that is barred from disclosure by the provisions of ORS 192.355 (2) or 192.368. Nothing in ORS 802.175 to 802.187 prohibits an individual from having access to personal information about the individual that is contained in motor vehicle record…

802.189 Criminal penalty for violation of ORS 802.175 to 802.187

Knowingly obtaining or using personal information from a motor vehicle record in violation of ORS 802.175 to 802.187 is a Class A misdemeanor.

802.191 Civil action for violation of ORS 802.175 to 802.187

A person aggrieved by an intentional violation of ORS 802.175 to 802.187 may bring an action at law against a person who has knowingly obtained or used personal information about the aggrieved person in violation of ORS 802.175 to 802.187. The action shall be for actual damages or $2,500, whichever is greater, plus attorney fees and court costs reasonably in…

802.195 Social Security numbers; disclosure; fees; penalty

As used in this section: “Motor vehicle record” means any record that pertains to a grant of driving privileges, an identification card issued by the Department of Transportation, a vehicle title or a vehicle registration. “Person” has the meaning given that term in ORS 802.175. Neither the Department of Transportation nor any officer, employee or contrac…

802.200 Required records; rules

In addition to any other records the Department of Transportation may establish, the department is subject to the following provisions concerning records: The department shall maintain records concerning the titling of vehicles in this state. The records under this subsection shall include the following: For vehicles issued a title by this state, the recor…

802.202 Conditions for disclosure of drug test results

The Department of Transportation shall disclose information about a drug test result that is made to the department under ORS 825.410 or 825.415 only if the person who requests the information provides the department with written permission from the person who is the subject of the report.

802.210 Records of notification of approaching expiration of registration or license not required

The Department of Transportation is not required to maintain records on any of the following: The preparation and notification required on approaching expiration of registration under ORS 803.450. The preparation and notification required on approaching expiration of driver license or driver permit under ORS 807.140.

802.220 Availability of records; fees authorized

Except as otherwise provided in this subsection and ORS 802.177, the records the Department of Transportation maintains under ORS 802.200 on vehicles are public records. The records of vehicles registered under ORS 805.060 are not public records and are exempt from public inspection as provided under ORS 181A.220 and are for the confidential use of criminal …

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

The fee for furnishing information concerning vehicle registration records under ORS 802.220 is a reasonable fee established by the Department of Transportation. The fee for furnishing information concerning driver licenses or driver permits under ORS 802.220 is a reasonable fee established by the department. The fee for an abstract of driving record under…

802.240 Driver and vehicle records as evidence

In all actions, suits or criminal proceedings when the title to, or right of possession of, any vehicle is involved, the record of title, as it appears in the files and records of the Department of Transportation, is prima facie evidence of ownership or right to possession of the vehicle. As used in this section, the record of title does not include records …

802.250 Records containing residence address of eligible public employee or household member

An eligible public employee may request that any driver or vehicle record kept by the Department of Transportation that contains or is required to contain the eligible employee’s residence address contain instead the address of the public agency employing the eligible employee. A request under this section shall: Be in a form specified by the department tha…

802.251 [1991 c.523 §3; 2005 c.292 §4; renumbered 802.255 in 2005]

802.253 Records containing residence address of corrections officer or household member

As used in this section: “Correctional facility” means an institution used for the confinement of persons convicted of a criminal offense or held by court order. “Corrections officer” means a person employed in a correctional facility, wherever it may be located, who primarily performs the duty of custody, control or supervision of individuals convicted of…

802.255 Exchange of information for implementation of ORS 802.250 and 802.253

The Department of Transportation on behalf of the State of Oregon may enter into contracts with other states and with the federal government for the exchange of employment information necessary to implement and administer ORS 802.250 and 802.253.

802.260 Driver license and identification card records; contents; copies to counties; fees

In addition to any other information required or permitted by law, the records of driver licenses maintained by the Department of Transportation and the records of identification cards issued under ORS 807.400 maintained by the department shall include the name, address, date of birth and county of residence of each holder of an unexpired driver license and …

802.270 Records of insurance information

The Department of Transportation shall maintain computerized records of insurance information. The department’s computer system shall contain information submitted by insurers under ORS 742.580 and 806.195 and shall be accessible to law enforcement agencies in the state for the purpose of determining whether a particular person or vehicle is in compliance wi…

802.275 Emergency contact information; rules

As used in this section, “emergency situation” means a situation in which the following occurs: An individual is killed, seriously injured or rendered unconscious and is unable to independently communicate with police officers; and The individual’s emergency contact information is not otherwise available. The Department of Transportation shall create an e…

802.278 Retention of collision reports by law enforcement agencies; disclosure of nonpersonal information

As used in this section: “Law enforcement agency” has the meaning given that term in ORS 811.747. “Personal information” means the following information that identifies an individual: A Social Security number; A driver license number or identification card number issued by this state or another jurisdiction; A passport number or other identification num…

802.300 Transportation Safety Committee; members, compensation, expenses; staff

The Transportation Safety Committee is created within the Department of Transportation to advise the department and the Oregon Transportation Commission concerning the functions described under ORS 802.310 and to perform any other functions related to transportation safety that the commission delegates. The committee established under this section shall cons…

802.310 Transportation safety programs; administrator

The administrator for transportation safety shall serve as the Governor’s representative for highway safety in conformity with the Federal Highway Safety Act of 1966. The Director of Transportation and the Oregon Transportation Commission shall be responsible to the Governor for the administration of the state transportation safety programs. All reports and …

802.315 Department authority to apply for and receive federal highway safety program grants and other funds; local government program participation

The Department of Transportation, with the advice of the Transportation Safety Committee, may apply for, accept, receive and disburse grants available from the federal government or any of its agencies to carry out approved state highway safety programs conducted under the Federal Highway Safety Act of 1966 and the amendments thereto. The department may acc…

802.320 Motorcycle safety program; contents; fees; contracts

In addition to any duties under ORS 802.310, the Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a motorcycle safety program that complies with this section to the extent moneys are available for such program from the Motorcycle Safety Subaccount under ORS 802.340. The program established may include th…

802.325 Bicycle safety program; contents; fees

The Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a bicycle safety program that complies with this section to the extent moneys are available for such program. The program established may include the following: Bicycle safety promotion and public education. Advice and assistance for bicycle safety p…

802.329 City and county highway safety program participation authorized

Any city or county may participate in the highway safety program and do all things necessary to secure the benefits available under ORS 802.310 and 802.315 and under the Federal Highway Safety Act of 1966 and any amendments thereto.

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

802.331 Highway Safety Trust Account

The Highway Safety Trust Account is established separate and distinct from the General Fund. All moneys received by the Department of Transportation under ORS 802.315 shall be paid into the State Treasury and credited to the account established under this section. All moneys in the account established under this section are continuously appropriated for and …

802.340 Transportation Safety Account; uses; Motorcycle Safety Subaccount

The Transportation Safety Account is established in the General Fund of the State Treasury. Except as provided in subsection (2) of this section, all money credited to the account established under this section is appropriated continuously for and shall be used by the Department of Transportation to carry out the following purposes: Payment of the per diem,…

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

802.348 Membership of advisory committees must reflect state racial, ethnic and ability composition

The Department of Transportation shall ensure that the membership of advisory committees to the department reflects the racial and ethnic and ability composition of this state as determined by the most recent American Community Survey from the United States Census Bureau. Subsection (1) of this section applies to all advisory committees to the department, i…

802.350 Winter Recreation Advisory Committee; members; meetings; rules

The Winter Recreation Advisory Committee is created to perform the functions described for the committee under ORS 810.170. The committee created under this section shall consist of seven members appointed by the Oregon Transportation Commission as follows: Two persons representing ski area operators; One member representing the Oregon Nordic Club; One p…

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 vehicle dealer regulation; members; compensation

The Director of Transportation shall establish an advisory committee to advise the Department of Transportation on the administration of laws regulating vehicle dealers under the vehicle code. The department shall consult with the committee established under this section before the department adopts any rules under ORS 822.035 or before taking any disciplin…

802.380 [1983 c.338 §123; 1989 c.1006 §5; repealed by 1993 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 AND INTERSTATE COMPACTS

802.500 Authority for reciprocal registration agreements; permitted provisions; requirements; limitations

The Director of Transportation may enter into agreements with the duly authorized representatives of any jurisdiction that issues registration to establish reciprocal privileges or registration exemptions for vehicles as described in this section. All of the following apply to an agreement established under the authority granted by this section: An agreemen…

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 registration privileges or exemptions to vehicles registered in other jurisdictions; declaration; limitations

The Director of Transportation may examine the laws and requirements of any jurisdiction that issues out-of-state registration and may grant a privilege or a registration exemption described in this section to vehicles or owners of vehicles registered in that jurisdiction. All of the following apply to the authority granted by this section: The director may…

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

The Department of Transportation is authorized to enter into bilateral or multilateral reciprocal agreements with other jurisdictions to provide mutual assistance in the disposition of traffic offenses committed by residents of one jurisdiction while in another jurisdiction. Agreements authorized by this section are subject to the following: An agreement ma…

802.540 Driver License Compact

The Driver License Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows: ______________________________________________________________________________ ARTICLE I FINDINGS AND DECLARATION OF POLICY The party states find that: The safety of their streets and …

802.550 Administrative provisions relating to license compact

The following relate to the Driver License Compact under ORS 802.540: The Director of Transportation or the director’s deputy shall act as the compact administrator. The compact administrator shall not be entitled to any additional compensation on account of service as compact administrator, but shall be entitled to expenses incurred in connection with such…

802.560 Multistate Highway Transportation Agreement

The Multistate Highway Transportation Agreement is hereby enacted into law and entered into on behalf of this state with all other jurisdictions legally joining therein in a form substantially as follows: ______________________________________________________________________________ ARTICLE I FINDINGS AND PURPOSES SECTION 1. Findings. The participating j…

802.565 Participation by department and payment of fees

The Director of Transportation shall: Appoint an employee of the Department of Transportation to participate in meetings held by the cooperating committee created pursuant to the Multistate Highway Transportation Agreement under ORS 802.560. Pay any membership fee required by the Multistate Highway Transportation Agreement from funds appropriated to the de…

802.570 Compensation and reimbursement for legislative representative under Multistate Highway Transportation Agreement

A legislator who is a designated representative under ORS 802.560 is entitled to compensation and expense reimbursement under ORS 171.072, payable from funds appropriated to the Legislative Assembly. AGREEMENTS WITH PRIVATE CONTRACTORS

802.600 Agreements to transact department business; fees; rules

The Department of Transportation may enter into an agreement with any qualified provider to transact on behalf of the department the following functions of the department: Any vehicle-related transaction for which the department is responsible. Processing of fees or taxes for a vehicle-related transaction for which the department is responsible. Any drive…