ORS 802.220
Availability of records

  • fees authorized

(1)

Except as otherwise provided in this subsection and ORS 802.177 (Prohibition on release of personal information from motor vehicle records), the records the Department of Transportation maintains under ORS 802.200 (Required records) on vehicles are public records. The records of vehicles registered under ORS 805.060 (Law enforcement undercover vehicles) are not public records and are exempt from public inspection as provided under ORS 181A.220 (Confidentiality of some records) and are for the confidential use of criminal justice agencies described under ORS 181A.010 (Definitions for ORS 181A.010 to 181A.350). The department may charge the fee established under ORS 802.230 (Fees for records) for furnishing information under this section concerning a vehicle or its owner.

(2)

The department may charge the fee established under ORS 802.230 (Fees for records) for furnishing to the public information from the records the department maintains under ORS 802.200 (Required records) concerning driver licenses or driver permits.

(3)

The records the department keeps under ORS 802.200 (Required records) on judgments or convictions under ORS 810.375 (Duties of judges or court clerks) shall be open to the inspection of any person during reasonable business hours. Nothing in this subsection authorizes the release of personal information as defined in ORS 802.175 (Definitions for ORS 802.175 to 802.191).

(4)

The department shall upon request furnish any person certified abstracts of the employment driving record and the nonemployment driving record of any person whose driving records are maintained under ORS 802.200 (Required records). If an abstract of the employment driving record is not specifically requested, the department shall only furnish an abstract of the nonemployment driving record. Nothing in this subsection authorizes the release of personal information as defined in ORS 802.175 (Definitions for ORS 802.175 to 802.191). The department shall collect the fee established for abstracts of driving records under ORS 802.230 (Fees for records). A certified abstract issued under this section shall not contain any of the following, unless the abstract is being requested under ORS 746.265 (Purposes for which abstract of nonemployment driving record may be considered) (3):

(a)

Any accident or conviction for violation of motor vehicles laws that occurred more than three years immediately preceding a request for abstract.

(b)

Any suspension ordered under ORS 809.220 (Failure to appear) after the department has received notice to reinstate a person’s suspended driving privileges under ORS 809.220 (Failure to appear).

(c)

Any diversion agreement under ORS 813.220 (Matters to be considered by court in determining to allow diversion agreement) entered into more than three years immediately preceding a request for the abstract.

(5)

Except as otherwise provided in this subsection, accident reports filed with the department under ORS 811.725 (Driver failure to report accident to Department of Transportation), 811.730 (Owner failure to report accident to Department of Transportation) or 811.735 (Failure of vehicle occupant to make accident report to Department of Transportation) shall be without prejudice to the individual filing the report and shall be for the confidential use of state administrative and enforcement agencies. The department may use the confidential accident reports to provide the following information to the persons described:

(a)

Upon request, the department shall disclose the following information to any party involved in the accident or to their personal representative or any member of the family of a party involved in the accident:

(A)

The identity of the owner, driver, occupants and the registration number of a vehicle involved in the accident;

(B)

The names of any companies insuring the owner or driver of a vehicle involved in the accident; and

(C)

The names of any witnesses to the accident.

(b)

The department shall furnish a certificate showing that a specified accident report has or has not been made to the department upon demand of any person who has or claims to have made such a report or upon demand of a court.

(6)

The department shall tabulate and may analyze all accident reports to develop statistical information based thereon as to the number and circumstances of traffic accidents. The department shall publish information compiled under this section in the manner provided under ORS 802.050 (Publications).

(7)

Except as otherwise provided in this subsection, the records the department is required under ORS 802.200 (Required records) to maintain on trip permits issued under ORS 803.600 (Trip permits) are public records. The department may charge a fee established under ORS 802.230 (Fees for records) for furnishing information from the records on trip permits. Nothing in this subsection authorizes the release of personal information as defined in ORS 802.175 (Definitions for ORS 802.175 to 802.191).

(8)

The records the department maintains under ORS 802.200 (Required records) concerning odometer readings for vehicles are public records. The department may separately furnish information concerning odometer readings shown by its records. The department may charge the fee established under ORS 802.230 (Fees for records) for information separately provided under this subsection. Nothing in this subsection authorizes the release of personal information as defined in ORS 802.175 (Definitions for ORS 802.175 to 802.191). [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]

Source: Section 802.220 — Availability of records; fees authorized, https://www.­oregonlegislature.­gov/bills_laws/ors/ors802.­html.

Notes of Decisions

In general

Provision prohibiting commercial use of information obtained from public record is unconstitutional restriction on commercial free speech. Zackheim v. Forbes, 134 Or App 548, 895 P2d 793 (1995), Sup Ct review denied

Attorney General Opinions

Under former similar statute (ORS 486.056)

Authority of MVD to charge fee and issue non-certified records, (1978) Vol 39, p 61

802.010
Duties of Department of Transportation regarding motor vehicles and drivers 802.012
Rules for acceptance of information submitted other than on paper 802.020
Administrative facilities for enforcement of motor vehicle laws 802.031
Designation of dealers and others as agents of department 802.040
Specification of certain ways of reporting 802.050
Publications 802.060
Acceptance of grants and other moneys for traffic safety programs 802.070
Department to assist schools in promoting highway safety 802.075
Rules for accident prevention course 802.087
Rules for assisting offenders in obtaining driver license or identification card 802.091
Removal of debris following motor vehicle accident 802.093
Issuance of traffic citations 802.100
Accounts related to driver and vehicle services 802.110
Procedures for financial administration 802.112
Surcharge for certain transactions 802.120
Snowmobile fuel tax moneys 802.125
Transfer of all-terrain vehicle fuel taxes or special use fuel license fees 802.155
Safety Education Fund 802.160
Use of revocation and suspension reinstatement fees 802.170
Uncollectible tender of payment 802.175
Definitions for ORS 802.175 to 802.191 802.177
Prohibition on release of personal information from motor vehicle records 802.179
Exemptions from prohibition on release of personal information from motor vehicle records 802.181
Redisclosure by authorized recipients of personal information from motor vehicle records 802.183
Fees for and rules regarding release of personal information from motor vehicle records 802.185
Notice to individual of certain requests for information 802.187
Relationship to other privacy statutes 802.189
Criminal penalty for violation of ORS 802.175 to 802.187 802.191
Civil action for violation of ORS 802.175 to 802.187 802.195
Social Security numbers 802.200
Required records 802.202
Conditions for disclosure of drug test results 802.210
Records of notification of approaching expiration of registration or license not required 802.220
Availability of records 802.230
Fees for records 802.240
Driver and vehicle records as evidence 802.250
Records containing residence address of eligible public employee or household member 802.253
Records containing residence address of corrections officer or household member 802.255
Exchange of information for implementation of ORS 802.250 and 802.253 802.260
Driver license and identification card records 802.270
Records of insurance information 802.275
Emergency contact information 802.300
Transportation Safety Committee 802.310
Transportation safety programs 802.315
Department authority to apply for and receive federal highway safety program grants and other funds 802.320
Motorcycle safety program 802.325
Bicycle safety program 802.329
City and county highway safety program participation authorized 802.331
Highway Safety Trust Account 802.340
Transportation Safety Account 802.348
Membership of advisory committees must reflect state racial, ethnic and ability composition 802.350
Winter Recreation Advisory Committee 802.370
Advisory committee on vehicle dealer regulation 802.500
Authority for reciprocal registration agreements 802.520
Authority to grant registration privileges or exemptions to vehicles registered in other jurisdictions 802.530
Authority of department for reciprocal agreements concerning traffic offenses 802.540
Driver License Compact 802.550
Administrative provisions relating to license compact 802.560
Multistate Highway Transportation Agreement 802.565
Participation by department and payment of fees 802.570
Compensation and reimbursement for legislative representative under Multistate Highway Transportation Agreement 802.600
Agreements to transact department business
Green check means up to date. Up to date

Current through early 2024

§ 802.220’s source at oregon​.gov