Chapter
462
AN ACT
HB 2986
Relating to reports to the Department of Transportation; creating new provisions; amending ORS 802.240 and 807.710; and declaring an emergency.
Be It Enacted by the People of the State of
SECTION 1. ORS 807.710, as amended by section 1, chapter 736, Oregon Laws 2001, is amended to read:
807.710. (1) For the purposes of this section:
(a) “Physician” means a doctor of
medicine or osteopathy licensed to practice medicine by the Board of Medical
Examiners for the State of
(b) “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care.
(2) In consultation with medical experts and experts on cognitive or functional impairments, the Department of Transportation shall adopt rules requiring reporting and:
(a) Designating physicians and health care providers required to report to the department a person whose cognitive or functional impairment affects that person’s ability to safely operate a motor vehicle. If a designated physician or health care provider makes a report to the department in good faith, that person shall be immune from civil liability that might otherwise result from making the report. If a designated physician or health care provider does not make a report, that person shall be immune from civil liability that might otherwise result from not making the report.
(b) Designating the cognitive or functional impairments that are likely to affect a person’s ability to safely operate a motor vehicle.
(3) Determinations regarding a person’s ability to safely operate a motor vehicle may not be based solely on the diagnosis of a medical condition or cognitive or functional impairment, but must be based on the actual effect of that condition or impairment on the person’s ability to safely operate a motor vehicle.
(4) Reports required by the department under this section shall be upon forms prescribed or provided by the department. Each report shall include the person’s name, address, date of birth, sex and a description of how the person’s current medical status affects the person’s ability to safely operate a motor vehicle. The State Health Officer shall consider this information in determining whether to issue a certificate of eligibility under ORS 807.090.
(5) Except as provided in ORS 802.240, [the medical information in] the reports required by the department under this section [is] are confidential and shall be used by the department only to determine the qualifications of persons to operate motor vehicles upon the highways.
SECTION 2. ORS 802.240 is amended to read:
802.240. (1) In all actions, suits or criminal proceedings when the title to, or right of possession of, any vehicle is involved, the record of title, as it appears in the files and records of the Department of Transportation, is prima facie evidence of ownership or right to possession of the vehicle. As used in this section, the record of title does not include records of salvage titles unless the record itself is the salvage title. Proof of the ownership or right to possession of a vehicle shall be made by means of any of the following methods:
(a) The original certificate of title as provided under ORS 803.010.
(b) A copy, certified by the department, of the title record of the vehicle as the record appears in the files and records of the department.
(2) Extrinsic evidence of authenticity is not required as a condition precedent to the admission of a copy of a document relating to the privilege of any person to drive a motor vehicle authorized by law to be filed and actually filed in the records of the department if the copy bears a seal purporting to be that of the department and is certified as a true copy by original or facsimile signature of a person purporting to be an officer or employee of the department. This subsection applies to copies of a data compilation in any form. Copies of documents certified in accordance with this subsection constitute prima facie evidence of the existence of the facts stated therein.
(3) A certified copy of a person’s driving record, as maintained by the department:
(a) May be admitted as evidence in any hearing or proceeding under ORS 813.200 to 813.270.
(b) Is prima facie evidence that the person named therein was duly convicted of each offense shown by the record.
(c) Is prima facie evidence that the person named therein is participating in or has participated in a driving under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program in this state or in any other jurisdiction if the record shows that the person has participated in such a program.
(4) Records and actions described in this subsection shall not be referred to in any way or admitted into evidence or be any evidence of the negligence or due care of any party at the trial of any action at law to recover damages. This subsection applies to all of the following:
(a) The report required following an accident.
(b) Any action taken by the department to revoke or suspend a driver license or driver permit or taken by the department under the financial responsibility requirements of the vehicle code or the findings, if any, of the department upon which such action of the department is based.
(c) Any deposit of security required under the financial responsibility requirements of the vehicle code.
(5) Except as provided in this subsection, the accident reports filed with the department under ORS 811.725, 811.730 or 811.735 shall be without prejudice to the individual filing the report and no such report shall be used as evidence in any trial, civil or criminal, arising out of an accident. The following uses are allowable under this subsection:
(a) The certificate issued by the department under ORS 802.220 to show whether or not an accident report has been made to the department shall be used solely to prove a compliance or failure to comply with the requirements that the accident report be made to the department.
(b) An accident report submitted under ORS 811.725 or 811.735 may be used in an administrative hearing or an appeal from such hearing to support any suspension of driving privileges for:
(A) Failure to make reports required under ORS 811.725 or 811.735.
(B) Failure to comply with financial responsibility requirements or failure to comply with future responsibility filings.
(6) A photocopy, facsimile copy, digital or electronic copy of an application for perfection of a security interest by notation on a title under ORS 803.097 or 820.591 that is certified by the department is proof of the date of perfection of the security interest unless the date is invalid as provided under ORS 803.097.
(7) A report filed by a physician or health care provider under ORS 807.710 is confidential and may not be admitted as evidence in any civil or criminal action. A report described in this subsection may be used in an administrative hearing or an appeal from an administrative hearing in which an issue is the qualification of a person to operate a motor vehicle.
SECTION 3. The amendments to ORS 807.710 and 802.240 by sections 1 and 2 of this 2003 Act apply only to causes of action that accrue on or after the effective date of this 2003 Act.
SECTION 4. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.
Filed
in the office of Secretary of State
Effective
date
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