ORS Chapter 802
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.