LEDS Conference Questions & Answers
Below are many of the most common questions that were asked at the Sept. 2006
LEDS Conference. The easiest way to contact me is via e-mail at
Karen.S.Heywood@odot.state.or.us but you can also leave me a voice mail at 503 945-
5455 if you have additional questions or as questions come up throughout the year.
Our DMV LEDS desk staff are also very helpful in answering many of the DMV technical
questions as well as questions on reading a driving record. Hours of operation are 7:30
a.m. to 4:00 p.m. at 503 945-5337.
Q: When making the stored documents available to law enforcement, will it be at counter
level or will this most likely involve obtaining a subpoena?
A: This question tied into the part of my presentation that talked about federal legislation
in the Real ID Act. This would be part of our Imaging project. Until DMV receives the
federal rules, tentatively scheduled for late this year, we will not know what the criteria
will be for sharing the information with law enforcement. Prior to implementing this
part of the Real ID Act, law enforcement will receive information from DMV.
Q: On those motor vehicle crashes, which occur, and our officers do a police crash form;
do you want these returned to your agency? We had been notified some time ago
that your agency didn't want them. This would include those for hit/run cases.
A: Any law enforcement officer that completes form 46 or 46A (Oregon Police Traffic
Crash Report) should send DMV a copy, even if it's a hit and run case. The reports
that DMV does not need are for theft, vandalism, or DUII (unless it involves an
accident).
Q: Who can police departments disburse ODL photos to, such as outside the police
department, courts, prosecuting attorney, DHS, or any other agency we work closely
with?
A: DMV photographs provided either via the LEDS connection or hardcopy from DMV
Headquarters are for the exclusive use of the law enforcement agency requesting the
photo for their own investigative purposes. The photos may not be shared,
distributed, or otherwise given to any other person or law enforcement agency. If
DMV has evidence that this is occurring, the photo access of the agency sharing
photos will be terminated. Occasionally agencies work on joint investigations where
there is a need to share photos when two agencies are cooperating together to work
on the same case. That's a different situation than what is described above. If an
agency is only accessing a photo for the purpose of giving it to someone else and
they're not using it themselves they are misusing the photo access.
Q: Why would an unknown citizen status or legality of being here, be issued a driver
license at all?
A: At this time, there is no statutory requirement for a person to prove legal presence. If
Oregon adopts the Real ID Act, all customers seeking to obtain, replace or renew
driver licenses, instruction permits and ID cards will need to prove that they are
citizens of the United States or are otherwise legally present in the country. The 2007
Oregon Legislature will need to consider this issue.
Q: Vehicle model abbreviations—will these eventually be recoded to a common sense
abbreviation?
A: In November 2004, vehicle models were converted to NCIC for vehicles 1981 or
newer. However, it was recently discovered that the scheduled maintenance to
convert future model information has not taken place. This problem is being
corrected and scheduled maintenance will be in Dec of this year. For a list of NCIC
model codes, go to the NCIC website at
http://www.oregon.gov/OSP/CJIS/NCIC.shtml
Q: Vehicle color—will this be included in future vehicle descriptions?
A: Currently, there is no DMV business need for it. In the last couple of years it has
been a resource issue because of the programming needed. DMV has received bills
during the legislative session requiring color but none of them have passed. At this
time, we have no future plans for including vehicle color on our records.
Q: When DMV checks out of state photos—will that be Oregon DMV database to outside
DMV or will it be through a LEDS connection? Will those out of state photos be
available to law enforcement?
A: LEDS has been discussing with DMV the feasibility of making out of state photos
available to law enforcement. These discussions are in the very early stages.
However, at the conference there was a gentleman in the first workshop that stated
that photos could be available through his Agency. I asked him to provide this
information to LEDS so they can get this information out to law enforcement. Should
this type of service be available in the future, we anticipate it would be through the
LEDS connection.
Q: How much does DMV charge LEDS per Oregon DMV photo request?
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A: Charges are paid through our Interagency Agreement with LEDS and are based only
on cost recovery, which is roughly 3 cents per photo at this time.
Q: Does DMV phone bank at Coffee Creek (inmates) have access to my personal
information?
A: Security is extensive. While inmates have access to a person's name, driver license
number and date-of-birth, they do not have access to the address, Social Security
number, photo, medical information or other personally identifiable information held in
DMV's computer files. Personal computers are configured to ensure that no means is
available to go beyond access to authorized information. ODOT Computer Security
designs the systems and OCE audits them. Inside the correctional facility, inmates
are under observation at all times and calls are routinely monitored and recorded. All
computer inquiries are also recorded.
Record information available to agents at Coffee Creek is different from information
available to agents at the Headquarters Call Center. Through suppression of
information, the CCCC agents do not see the customer address, Social Security
number, mother's maiden name, and place of birth. They also have no access to out-
of-state driver license records, confidential records of any type, or photos. Medical
information and accident reports are also off limits.
Q: My agency's DMV manual is very old. How do I obtain the most current information?
The most common information we need includes things such as suspension codes;
vehicle registration flag code definitions, vehicle make and model code definitions,
etc.
A: Use this link for the Guide to Oregon Driving Records to find suspension code
information: http://www.odot.state.or.us/forms/dmv/6665.pdf
Use this link for vehicle makes, models and body styles:
http://www.oregon.gov/ODOT/DMV/docs/VTRH/Chapter_N.pdf
Use this link for vehicle registration flag codes:
http://www.oregon.gov/ODOT/DMV/docs/VTRH/Chapter_T.pdf
Q: When a person involved in a crash, insurance co. or attorney, requests a copy of the
police crash report and sends in their $8.50: 1) What exactly do they receive, is it the
entire report law enforcement sent, only a portion, are names marked out? 2) Time
frame? Example: if a crash on 9/1/06, law enforcement sends to DMV on 9/5/06,
how long before it is logged in and ready for release?
A: 1) To qualify for a copy of a Police Crash Report with personal information (name, driver
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license number, address, telephone number), the requester must be able to show they were
injured, had property damaged or be an account user with a valid account. Anyone can
request a "sanitized" copy (with personal information blacked out) of a Police Crash Report.
If a person is qualified to receive personal information, they are entitled to the following
information from DMV records:
Personal information, including name and address, of any owner, driver, or occupant of a
vehicle involved in the accident and listed on the Crash Report or Police Incident Report;
Personal information, including name and address, of any witness to the accident who is
listed on the Crash Report or Police Incident Report.
Accident Reports are not available to requestors. If they qualify, they can get an
informational letter for a fee of $12.50.
2) As soon as DMV receives the police report, it is available. However, we usually tell
requestors to wait at least 10 days from the date of the accident before requesting a
report because that's usually how long it takes before we receive a police report.
Q: What agency or who do you report a complaint in regards to someone living in
Oregon for several years and claiming residence, however, the car license is from the
State of Alaska and the person also claims money and residency from Alaska, not
paying Oregon taxes and license and not paying Alaska tax and license. Is there a
fraud telephone # to report to?
A: DMV cannot take any action until we receive a conviction or application of some sort. If the
vehicle is registered in another state, it may be up to that state to take action as well.
To be issued an Oregon license, permit, or identification card, ORS 807.040(2) and 807.400(1)
require that a person must be a resident of or domiciled in Oregon. There is no certain number
of days a person must live in Oregon to become a resident. As soon as he/she takes any of the
actions defined in ORS 807.062, he/she is an Oregon resident and must immediately obtain an
Oregon license or permit.
Under ORS 803.200, nonresidents coming into Oregon must register their vehicle(s)
when the owner of the vehicle(s) establishes residency in this state by engaging in
any gainful employment in this state or by taking action to indicate the acquiring of
residency in this state by doing any one of the following:
1. Remaining in the state for a consecutive period of six months or more regardless of
the domicile of the person.
2. Placing children in a public school without payment of nonresident tuition fees.
3. Making a declaration to be a resident of this state for the purpose of obtaining, at
resident rates, a state license or tuition fees at an educational institution
maintained by public funds.
4. Maintaining a main office, branch office or warehouse facilities in Oregon and
operating motor vehicles in this state.
5. Operating motor vehicles in intrastate transportation for compensation or profit for
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other than seasonal agricultural work.
A person who is gainfully employed in this state shall not be considered a resident of
the state if the person has taken no other steps to become a resident (e.g., a student
at an education institution who is gainfully employed but is paying nonresident tuition
fees).
Q: What is being done to insure the address given is a viable address? Example, would
be some mailbox providers have addresses that look like apartment addresses, so
some way to confirm or validate the physical address given is not a business unless
the vehicle or person is registered with a business and so includes a business name?
May be some kind of cross-reference with Coles or Internet or tax records.
A: OAR 735-016-0060 authorizes DMV to require proof of residency or domicile when we have
reason to believe a person or business entity is not a resident of or domiciled in this state.
A person must prove they are a resident of or domiciled in Oregon when applying for a
license, permit, identification card or change of address and:
the person's residence address is not in Oregon
the person has no actual residence address, such as a descriptive address (e.g., homeless,
continuous traveler, or claims no address is assigned to the property)
the address provided to DMV as a residence address is known or determined by DMV to
be that of a service provider, such as a mail service. (DMV's computer system keeps this
information on file and it will stop an application that has a mail service listed as the
residence address.)
Q: Where do we get the form to submit with confiscated driver licenses?
A: You can receive a copy of the form from the manager of the Driver Issuance Unit,
Stephanie Milton (503) 945-5467. A copy of the form is also attached at the end of
these questions/answers. You need only change the top portion of the form above
the title of the form to fit with your agency, but please do not make any changes to the
instructions or bottom portion.
Q: When we get a driver license from another state or a DUII, do we send to DMV
Oregon or to the state the driver license was issued?
A: ORS 813.100 (3)(a) requires that you immediately take custody of any license or
permit issued by this state if the person refused to take a breath or blood test.
Licenses issued by other states may be returned to that state or sent in to Oregon
DMV to be properly disposed of.
Q: If an officer stops a car, finds that the driver is suspended, do you want him/her to
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confiscate the driver license and do you want it mailed to your agency?
A: ORS 809.310 requires a person to surrender a license or permit upon suspension or
cancellation of driving privileges. You may confiscate the license and return it to this
agency along with an explanation of why it was confiscated. You may use the form
attached to this document (see form mentioned above).
Q: Do you want confiscated fraudulent handicapped permits sent back to DMV or just
destroyed by agency?
A: Yes, DMV would also like to have these returned. You can use the same form for
returning confiscated licenses as provided at the end of this Q&A.
Q: Any updates or rules of interest regarding handicap permits or usages?
A: None at this time. You may want to check back after the legislative session.
Q: Being that DMV is the agency that releases Oregon State Police crash reports, what
are the requirements for DMV to have crash reports available for requestors?
Meaning, is there a time frame they need to be readily available?
A: There is no statutory time frame. As soon as DMV receives the police report, it is
available. However, we usually tell requestors to wait at least 10 days from the date
of the accident before requesting a report because that's usually how long it takes
before we receive a police report.
Q: If a citizen comes to the police department to report his/her license has been lost or
stolen, do you want us to send the citizen to your agency to report this?
A: They will need to get a replacement driver license and at that time, they can let us
know that it was stolen. A notation may or may not be added to the driving record
depending on whether or not fraud is suspected.
Q: Can family members ask for a retest anonymously, or does the requestor have to be
disclosed to the involved driver?
A: Family members, friends, law enforcement and social service providers may report an
unsafe driver under DMV's voluntary reporting system. The report may be based on
medical condition or observed driving behaviors. DMV will not accept anonymous
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reports. You can request that your name be kept confidential; however, the Driver
Evaluation Request form (#6066) requires your name, address and an original
signature.
New “Support Our Troops” group plates --
The new "Support Our Troops" group plates are now available for purchase by customers. There are no
restrictions on these plates. Anyone may order the "Support Our Troops" plates.
You may open the following attachment to view a picture of the plate.
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Form to submit confiscated licenses – Please change top two lines with
your Agency information.
Marion County Deputy Name:__________________ DPSST No._______ Phone: ___________
MCSO Incident No: ______________ or MCSO Citation No: _____________
License, Permit, and ID Card Surrender
Instructions:
1. Attach the license, permit or ID card to this form and check the box that applies.
2. Attach any police report or other supporting documentation when fraudulent activity has
occurred. This may provide evidence to DMV to suspend the driving privileges of the
individual for one year under ORS 809.310.
3. Place in DMV Box and Evidence Officers will deliver to: DMV, Attn: Driver Issuance,
1905 Lana Ave NE, Salem Oregon 97314
________________________________________________________________________
Person named on the license, permit or ID card is deceased.
Person possessed an invalid license, permit or ID card that is suspended,
revoked, canceled, expired, replaced or otherwise not valid.
Person applied for the attached license, permit or ID card fraudulently, i.e.
provided a false name, date of birth, or other information to DMV.
Person KNOWINGLY used or displayed an invalid license that was fictitious,
canceled, revoked, suspended or fraudulently altered.
Person allowed someone else to use their license, permit or ID card.
Person used this license, permit or ID card, but it belongs to another person.
Person fraudulently created this/these license(s), permit(s), or ID card(s). This
is not a DMV-issued card.
Altered registration plates.
Switched registration plates.
Additional Explanation
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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