OAR 735-070-0130
Fatal Accident Suspension

(1)

DMV will use the following definitions when determining whether to issue a suspension order under ORS 809.417 (Suspension for conduct regarding accidents)(3):

(a)

“Criminal negligence” is as defined in ORS 161.085 (Definitions with respect to culpability)(10) which states “that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.”

(b)

“Incompetence” means driving in a manner that indicates lack of ability or fitness to safely operate a motor vehicle.

(c)

“Recklessness” is as defined in ORS 161.085 (Definitions with respect to culpability)(9), which states “that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.”

(d)

“Unlawful operation” means driving in a manner that would constitute commission of a traffic offense as defined by ORS 801.555 (“Traffic offense”) and includes any traffic offense under any federal law or any law of another state, including subdivisions thereof, that substantially conforms to a traffic offense as defined by Oregon statute.

(2)

A suspension under ORS 809.417 (Suspension for conduct regarding accidents)(3) will be for a period of one year.

Source: Rule 735-070-0130 — Fatal Accident Suspension, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-070-0130.

735‑070‑0000
Driver License Cancellations — Not Entitled to Driving Privileges 735‑070‑0004
Cancellation and Suspension Actions Under ORS 809.310 735‑070‑0006
Reinstatement of Driving Privileges Suspended for Obtaining False ID 735‑070‑0010
Reinstatement Following Cancellation or Suspension Under ORS 807.220, 807.230, 807.350, 809.310 and 809.320 735‑070‑0015
NDR/PDPS and CDLIS Checks at Reinstatement 735‑070‑0020
Hearing Following a Cancellation 735‑070‑0030
Suspension/Revocation for Out-of-State Conviction, Suspension or Revocation 735‑070‑0035
Effect of Commercial Driving Privilege Withdrawal on Non-Commercial Driving Privileges 735‑070‑0050
Designated Agents for Vehicle Suspensions 735‑070‑0054
Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410 735‑070‑0055
Withdrawal of Implied Consent Forms by Police Agency 735‑070‑0060
Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460 735‑070‑0076
DUII Diversion Agreements — Definitions “Commenced Participating In” and “Presently Participating In” and Removal from Driving Records 735‑070‑0080
Ignition Interlock Device (IID) as Requirement Following DUII Suspension 735‑070‑0082
Medical Exemption from IID Requirement 735‑070‑0085
Proof of Treatment Completion Required for Reinstatement of DUII Suspension 735‑070‑0110
Hearing Requests Under the Administrative Procedures Act 735‑070‑0130
Fatal Accident Suspension 735‑070‑0145
Counting Convictions Toward Habitual Offender Revocation 735‑070‑0170
Hearing Regarding Civil Penalty for Violation of an Out-of-Service Order or Notification of Violation
Last Updated

Jun. 24, 2021

Rule 735-070-0130’s source at or​.us