ORS Chapter 802 - Oregon Statutes

Chapter 802 — AdministrativeProvisions

 

2009 EDITION

 

ADMINISTRATIVEPROVISIONS

 

OREGONVEHICLE CODE

 

GENERALPROVISIONS

 

802.010     Dutiesof Department of Transportation regarding motor vehicles and drivers

 

802.012     Rulesfor acceptance of information submitted other than on paper; effect ofsubmission

 

802.020     Administrativefacilities for enforcement of motor vehicle laws

 

802.031     Designationof dealers as agents of department

 

802.040     Specificationof certain ways of reporting

 

802.050     Publications;fees

 

802.060     Acceptanceof grants and other moneys for traffic safety programs; contracts

 

802.070     Departmentto assist schools in promoting highway safety

 

802.075     Rulesfor accident prevention course

 

802.085     Registeringto vote at department offices

 

802.087     Rulesfor assisting offenders in obtaining driver license or identification card

 

802.091     Removalof debris following motor vehicle accident

 

FINANCIALADMINISTRATION

 

802.100     Accountsrelated to driver and vehicle services; uses

 

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

 

802.112     Surchargefor certain transactions; rules

 

802.120     Snowmobilefuel tax moneys; amount; disposition

 

802.125     Transferof unrefunded all-terrain vehicle fuel tax

 

802.150     MotorVehicle Records Account; uses

 

802.155     SafetyEducation Fund; uses

 

802.160     Useof revocation and suspension reinstatement fees

 

802.170     Uncollectibletender of payment; procedures

 

RECORDS

 

802.175     Definitionsfor ORS 802.175 to 802.191

 

802.177     Prohibitionon release of personal information from motor vehicle records

 

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

 

802.181     Redisclosureby authorized recipients of personal information from motor vehicle records

 

802.183     Feesfor and rules regarding release of personal information from motor vehiclerecords

 

802.185     Noticeto individual of certain requests for information; waiver

 

802.187     Relationshipto other privacy statutes; access to information about self

 

802.189     Criminalpenalty for violation of ORS 802.175 to 802.187

 

802.191     Civilaction for violation of ORS 802.175 to 802.187

 

802.195     SocialSecurity numbers; disclosure; fees; penalty

 

802.200     Requiredrecords

 

802.202     Conditionsfor disclosure of drug test results

 

802.210     Recordsof notices of approaching expiration of registration or license not required

 

802.220     Availabilityof records; fees authorized

 

802.230     Feesfor records

 

802.240     Driverand vehicle records as evidence

 

802.250     Recordscontaining residence address of eligible public employee

 

802.253     Recordscontaining residence address of corrections officer

 

802.255     Exchangeof information for implementation of ORS 802.250 and 802.253

 

802.260     Driverlicense and identification card records; contents; copies to counties; fees

 

802.270     Recordsof insurance information

 

TRANSPORTATIONSAFETY PROGRAMS AND TRAFFIC SAFETY EDUCATION

 

802.300     TransportationSafety Committee; members, compensation, expenses; staff

 

802.310     Transportationsafety programs; administrator

 

802.315     Departmentauthority to apply for and receive federal highway safety program grants andother funds; local government program participation

 

802.320     Motorcyclesafety program; contents; fees; contracts

 

802.325     Bicyclesafety program; contents; fees

 

802.329     Cityand county highway safety program participation authorized

 

802.331     HighwaySafety Trust Account

 

802.340     TransportationSafety Account; uses; Motorcycle Safety Subaccount

 

802.345     Trafficsafety education course; curriculum; rules

 

COMMITTEESAND BOARDS

 

802.350     WinterRecreation Advisory Committee; members; meetings; rules

 

802.370     Advisorycommittee on vehicle dealer regulation; members; compensation

 

RECIPROCALAGREEMENTS AND INTERSTATE COMPACTS

 

802.500     Authorityfor reciprocal registration agreements; permitted provisions; requirements;limitations

 

802.520     Authorityto grant registration privileges or exemptions to vehicles registered in otherjurisdictions; declaration; limitations

 

802.530     Authorityof department for reciprocal agreements concerning traffic offenses; permittedprovisions; fees; limitations; rules; report

 

802.540     DriverLicense Compact

 

802.550     Administrativeprovisions relating to license compact

 

802.560     MultistateHighway Transportation Agreement

 

802.570     Compensationand reimbursement for legislative representative under Multistate HighwayTransportation Agreement

 

AGREEMENTSWITH PRIVATE CONTRACTORS

 

802.600     Agreementsto transact department business; fees; rules; “integrator” defined

 

GENERALPROVISIONS

 

      802.010Duties of Department of Transportation regarding motor vehicles and drivers. (1) TheDepartment of Transportation shall perform all of the duties, functions andpowers with respect to the following:

      (a)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.

      (b)The administration of the laws relating to motor vehicle registration andtitling and the issuance of certificates to vehicle dealers and dismantlersincluding but not limited to the administration of the vehicle code.

      (c)The administration of the laws relating to driving privileges granted underlicenses and permits and under the vehicle code.

      (d)The administration of the laws relating to operation of vehicles on highwaysand of vehicle size, weight and use limits under the vehicle code.

      (e)The administration of ORS 820.130 and 820.140.

      (f)The administration of the provisions relating to proof of financialresponsibility and future responsibility filings.

      (2)The Director of Transportation shall act as a reciprocity officer for thepurposes of ORS 802.500 and 802.520.

      (3)The director shall have the authority to execute or make such arrangements,agreements or declarations to carry out the provisions of ORS 802.500 and802.520. The director shall receive no additional compensation for serviceperformed under this subsection but shall be allowed actual and necessaryexpenses incurred in the performance of the duties to be paid from the accountof the department. [1983 c.338 §114; 1985 c.16 §30; 1985 c.668 §1; 1991 c.407 §20;1993 c.741 §71; 1995 c.733 §82; 2001 c.104 §297; 2005 c.654 §37]

 

      802.012Rules for acceptance of information submitted other than on paper; effect ofsubmission.(1) Notwithstanding other provisions of the Oregon Vehicle Code relating tocertifications, signatures, forms or similar requirements, the Department ofTransportation may adopt rules for acceptance and verification by telephone orelectronic means of information customarily provided on paper forms. Rulesshall address:

      (a)The use of credit card, debit card personal identification numbers or otheridentification numbers as a means of identification;

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

      (c)The use of mechanically produced equivalents or other unique identifiers inlieu of handwritten signatures as a means of obtaining certification ofinformation and statements that are required to be submitted and certified.

      (2)Whenever a person submits information to the department in compliance with arequirement of statute or rule, the submission shall constitute a certificationas to the truth and accuracy of the information. This subsection applieswhether the information is submitted in the form of a document or in some otherform and whether or not the person signs what is submitted. [1993 c.751 §§8,8a]

 

      802.020Administrative facilities for enforcement of motor vehicle laws. The Departmentof Transportation:

      (1)Shall purchase the necessary stationery, record books, registration plates andpostage, provide for the printing and all other necessary and incidentalexpenses, employ the necessary clerical assistance, and lease such real estateand buildings as the department deems necessary to carry out fully the objectsand purposes of the motor vehicle laws which it is required to administer.

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

      (3)May share space in any leased building with any other state officer,department, board or commission, for the conduct of the business of the state.

      (4)Subject to approval under this subsection, may acquire by purchase, agreementor donation, real property or any right or interest therein for officebuildings and necessary appurtenant facilities. Before the department mayexercise any authority under this subsection the department must have theapproval of:

      (a)The committee of ways and means established under ORS 171.555 if theLegislative Assembly is in session.

      (b)The Emergency Board created under ORS 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 1997c.583 §9]

 

      802.031Designation of dealers as agents of department. Nothing in ORS802.600 prohibits the Department of Transportation from adopting rules thattake effect after April 1, 1998, that allow the department to designate dealersto act as agents of the department for purpose of performing the dutiesspecified in ORS 802.030 (1995 Edition) and that allow persons to act as agentsfor the department for the purpose of issuing winter recreation parkingpermits. [1997 c.583 §10(2)]

 

      Note: 802.031 wasenacted into law by the Legislative Assembly but was not added to or made apart of the Oregon Vehicle Code or any chapter or series therein by legislativeaction. See Preface to Oregon Revised Statutes for further explanation.

 

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

 

      802.040Specification of certain ways of reporting. (1) The Department ofTransportation shall specify the minimum contents of a report about, and themeans for reporting, accidents that are required to be reported under ORS810.460, 811.725, 811.730 and 811.735. The department shall consult with thestate police and city and county law enforcement officials before approvingmeans for accident reports required under ORS 810.460. Any means of reportingspecified under this subsection shall require sufficiently detailed informationto disclose, with reference to a traffic accident, the cause, conditions thenexisting and the persons and vehicles involved. Upon request, if the departmentadopts forms as one means of reporting accidents, the department shall make theforms available through police departments, sheriffs’ offices and othersuitable agencies or individuals.

      (2)The department shall assure that any means specified under subsection (1) ofthis section for use in accident reports required under ORS 811.725, 811.730and 811.735 include a way of making owners aware of the definition of a totaledvehicle and of the owner’s duty under ORS 819.012.

      (3)The department shall prescribe and provide suitable forms for theadministration and enforcement of the financial responsibility requirementsunder the vehicle code or shall prescribe any other means of accomplishing thesame end that the department finds convenient. [1983 c.338 §117; 1985 c.16 §32;1991 c.820 §12; 1993 c.751 §10; 2005 c.195 §2]

 

      802.050Publications; fees.(1) The Department of Transportation may compile, publish and distribute avehicle code book containing statutes administered by the department concerningvehicles and drivers, along with other related laws. The department mayestablish and collect a reasonable fee for books issued to groups or persons whoare not employees of the department. Any fee established under this sectionshall not exceed the costs of the compilation, publication and distribution ofthe books.

      (2)The department shall publish statistical information based on the analysis andtabulation of accident reports under ORS 802.220. Publication under thissubsection shall be annual or at more frequent intervals.

      (3)The department shall make rules it adopts concerning aiming of headlights,auxiliary lights and passing lights available to the public in an appropriatepublication. [1983 c.338 §118; 1985 c.171 §4; 1993 c.741 §72; 2001 c.239 §1]

 

      802.060Acceptance of grants and other moneys for traffic safety programs; contracts. The Departmentof Transportation may:

      (1)Apply for, accept and receive such grants, contributions or other moneys as maybe available to this state or any of its agencies for research and otherprograms concerning the safe operation of motor vehicles upon the highways,including research or educational programs for the improvement of drivers, thereduction of traffic accidents and the reduction of violations of traffic lawsand ordinances.