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Reporting an Unsafe/At-Risk Driver

What is an At-Risk Driver?

DMV’s At-Risk Driver Program (brief video) receives and processes reports (for acceptance or rejection) on drivers who:
  • Demonstrate unsafe or dangerous driving behaviors, including related to a traffic stop or crash, or
  • Have a mental or physical condition or impairment that may affect their ability to drive safely. This report is limited to Medical Professionals.
The purpose (brief video) of the At-Risk Driver Program is balancing independence and safety, specifically: “…to preserve the independence, dignity and self-esteem that result from providing one’s own mobility, so long as it is possible to do so without risk to oneself or to others.” (OAR 735-076-0000(2), 745-074-0050(2))

The focus (brief video) of the At-Risk Driver Program is on functional ability of drivers aged 14 and older.  Specifically, determinations of medical eligibility: “…must be based on the actual effect of that condition(s) or impairment on the person’s ability to drive safely…” and “… may not be based solely on the diagnosis of a medical condition or cognitive or functional impairment…” (ORS 807.710(3))

DMV Customer Service and office staff do not have access to these reports so cannot answer any questions about them. With the exception of reports received from Law Enforcement, all reports are confidential by law unless ordered by a court, or when there is a request for an Administrative Hearing. 

​Reports come from a variety of sources, (brief video) including:

Reports must meet criteria​ (brief video)​ defined by law (see After the DMV Receives a Report… and The Laws Governing this Program…) and cannot be:

  • Anonymous, or
  • Based solely on age, a diagnosis, general health, or medication(s) being taken.

​Unsafe or dangerous driving behavior is the most common reason for reporting a driver. As defined in Rule, unsafe or dangerous driving behavior means “a driver is unable to perform basic driving tasks in a safe and responsible manner” and includes (but is not limited to):
  • The driver being prevented from causing an accident by an evasive maneuver by another driver(s);
  • The driver impeding traffic or failing to yield the right of way, such as: driving too slowly; driving in more than one lane of traffic; turning from the wrong lane; or turning into the wrong lane; and
  • The driver fails to obey or has difficulty obeying a traffic control device, such as: running a red light or stop sign; stopping beyond the designated stop line at a traffic light or stop sign; failing to stop for a pedestrian in a marked crosswalk; or driving the wrong way on a one-way street.
Where there is concern about the impact a health condition or medication has on a driver’s ability to drive safely, the report must reflect the specific impact the condition or medication has on their driving behavior.

Note: DMV is prohibited by law from accepting a report based on age, a diagnosis, general health, or medication(s) alone.


Complete​ (brief video)​ and submit a Driver Evaluation Request.

To be accepted, it must contain all required content, as defined in OAR 735-076-0005, including:
  • Reporter name (DMV is prohibited by law from accepting anonymous reports); 
  • Reporter signature (or DPSST # and agency name when reporter is Law Enforcement);
  • Driver name and date of birth or other information sufficient for DMV to identify the person being reported; and
  • A description containing sufficient information to give DMV reason to believe the person may no longer be able to drive safely, including:
    • Specific driving behaviors and what about them caused you to question the individual’s ability to drive safely; including
    • Events, dates and places the concerning behavior(s) occurred.
Note: Providing all required information improves the likelihood, but does not guarantee, that a report will be accepted.​

  • The Request/report is received and screened against required report content (OAR 735-076-0005 or 735-074-0120) to determine whether to accept or reject. This can take 1-3 days to complete.
  • The reporter is notified of acceptance or rejection by mail. This can take another 1-2 days to issue.
  • When a report is accepted (brief video), a Suspension Notice is sent to the driver that includes information on how to regain driving privileges​ (brief video) and the right to request a hearing. 
    • An immediate suspension is issued when the report gives DMV reason to believe a person may endanger people or property if not immediately suspended; such as with a recurring Loss of Consciousness or Control or a problem condition involving alcohol or drug abuse beyond a single DUII. 
      • The suspension becomes effective five days from the date of notice. 
      • When required, additional medical information will be requested via a Driver Medical Report included with the Suspension Notice.
    • A non-​immediate suspension is issued when the report gives DMV reason to believe the driver needs additional evaluation.  
      • The suspension becomes effective 60-90 days from the date of notice. 
      • The driver may be required to pass DMV tests, including vision, knowledge and skills.
      • Additional information may also be required, including vision and/or medical information.
    • Drivers ​have a right to a hearing. The Driver Evaluation Request and related documentation become hearing exhibits provided to the driver and the Office of Administrative Hearings for consideration by an Administrative Law Judge when a hearing is requested. 
      • When a suspension is immediate, it remains in effect even if the driver requests a hearing.
      • When a suspension is not immediate, it is stayed pending the outcome of the hearing when requested. 
    • When a driver has questions related to an At-Risk Suspension or would like to request the Suspension Notice be resent, contact:
      • ​The At-Risk section of Driver Specialty Services: 503-945-5083.
  • When a report is rejected, the reason for the rejection is included in the letter to the reporter. The most common reason for rejection is failure to meet reporting requirements, such as: 
    • A missing signature;
    • Missing information in the narrative description, such as specific observations that caused you to question the individual’s ability to drive safely; and/or
    • The description only references age, diagnosis, general health, and/or medications without specific observations of how that impairs their ability to drive safely.

​

Oregon Statutes Revised (ORS): 807, 809, 813

  • ORS 807: Driving Privileges and Identification Cards
  • ORS 809.310: Cancellation or Suspension...
  • ORS 809.380: Period of Suspension
  • ORS 809.419: Suspensions for physical or mental condition…
  • ORS 813.040: Standards for determination of problem condition involving alcohol, …

Oregon Administrative Rules (OAR):

Q.  Can taking medication affect a driver license?

A.  DMV is prohibited from suspending a license based only on the medication being taken. A driver should ask their doctor if they should be driving while on that medication. Driving while impaired by a controlled substance is illegal even if you have a prescription.

Q.  How will a driver know that they've been reported and what will happen?

A.  A driver will only know they have been reported when a report is accepted.  About half of all reports are rejected for failing to meet reporting requirements defined in Oregon Administrative Rules.  If the report is accepted, the driver will receive a Suspension Notice with the term of the suspension, what is required to regain driving privileges, a contact phone number for questions (see Other Questions box below), and the right to request a hearing.  For more information, see the video at the top of this page and the After DMV Receives a Report box above.​

Q.  What if the driver’s condition improves after their license is suspended?

A.  They may qualify to regain driving privileges. Questions about what they need to do to get their license back can be answered by calling the At-Risk section of Driver Specialty Services: 503-945-5083.

Q.  Can a license be “revoked” due to a diagnosis of Alzheimer's disease?

A.  DMV’s At-Risk Driver Program does not revoke licenses and is prohibited from canceling or suspending a license based only on a diagnosis.

  • ​Submit an online inquiry​.
  • For specific questions about your At-Risk Suspension, call 503-945-5083.
    • ​For family members or other callers, DMV is only authorized to release information with the permission of the driver.  The driver may do so while on the call with the caller.​