2007 Oregon Code - Chapter 806 :: Chapter 806 - Financial Responsibility Law
Chapter 806 —
Financial Responsibility Law
2007 EDITION
FINANCIAL RESPONSIBILITY LAW
GENERAL PROVISIONS
806.010Â Â Â Â Driving
uninsured prohibited; penalty
806.011Â Â Â Â Insurance
card required; rules
806.012Â Â Â Â Failure
to carry proof of compliance with financial responsibility requirements; rules;
penalty
806.020Â Â Â Â Exemptions
from financial responsibility requirements
806.030Â Â Â Â False
certification of exemption from financial responsibility; penalty
806.040Â Â Â Â Judgments
for which financial responsibility requirements established
806.050Â Â Â Â Falsification
of financial responsibility; penalty
806.055Â Â Â Â Giving
false information about liability insurance to police officer; penalty
REQUIREMENTS
(Generally)
806.060Â Â Â Â Methods
of compliance
806.070Â Â Â Â Minimum
payment schedule
806.075Â Â Â Â Insurance
requirements for person convicted of driving under influence of intoxicants
(Insurance)
806.080Â Â Â Â Insurance
(Self-Insurance)
806.130Â Â Â Â Self-insurance
806.140Â Â Â Â Certificate;
issuance; cancellation
ENFORCEMENT
806.150Â Â Â Â Department
verification program; rules
806.160Â Â Â Â Demand
for proof of compliance; when authorized; report to district attorney
806.170Â Â Â Â Department
check on financial certification on accident reports
806.180Â Â Â Â Information
to be provided when certification of compliance required
806.190Â Â Â Â Insurance
carrier or producer report of person involved in accident who is in violation
of ORS 806.010; civil liability
806.195Â Â Â Â Information
submitted by insurers; rules; use
FUTURE RESPONSIBILITY FILINGS
806.200Â Â Â Â Failure
to file after accident; penalty
806.210Â Â Â Â Exemption
from requirement to file after accident
806.220Â Â Â Â Failure
to file after failing verification; penalty
806.230Â Â Â Â Failure
of previous violator to file
806.240Â Â Â Â What
constitutes proof of compliance; filing for another; failure of proof to meet
requirements
806.245Â Â Â Â Termination
of future responsibility filing requirement; reasons
806.250Â Â Â Â Return
of proof submitted for future responsibility filing
806.255Â Â Â Â Effect
of pending action or unsatisfied judgment; affidavit
806.270Â Â Â Â Certificate
of insurance; requirements; presumption of completeness
806.280Â Â Â Â When
certificate of carrier not authorized to do business in this state may be used
806.290Â Â Â Â Automatic
termination of insurance under future responsibility filing upon subsequent
filing
806.300Â Â Â Â Failure
to surrender license and registration on cancellation of future responsibility
filing; penalty
GENERAL PROVISIONS
     806.010
Driving uninsured prohibited; penalty. (1) A person commits the offense of driving uninsured if the person
operates a motor vehicle in this state on any highway or premises open to the
public in this state without either:
     (a) The person being insured while driving
the vehicle under a motor vehicle liability insurance policy that meets the
requirements described under ORS 806.080; or
     (b) The person or the owner of the vehicle
providing the Department of Transportation with other satisfactory proof of
compliance with the financial responsibility requirements of this state.
     (2) Exemptions from this section are established
under ORS 806.020.
     (3) In addition to other penalties under
this section the following apply:
     (a) A person who is involved in a motor
vehicle accident at any time the person is in violation of this section is
subject to suspension of the personÂ’s driving privileges under ORS 809.417.
     (b) A person who is convicted of violating
this section is subject to ORS 806.230, if the person does not make future
responsibility filings as required by that section.
     (4) A person convicted for violation of this
section must file with the department, and thereafter maintain for a period of
three years, proof of financial responsibility that complies with ORS 806.060.
Failure to comply with this subsection is subject to ORS 809.415.
     (5) The offense described in this section,
driving uninsured, is a Class B traffic violation. [1983 c.338 §837; 1985 c.16 §422;
1985 c.714 §1; 1991 c.350 §1; 1991 c.702 §4; 2003 c.402 §12]
     806.011
Insurance card required; rules.
An unexpired card issued as provided in ORS 742.447, or other current proof of
compliance with financial or future responsibility requirements approved by
rule by the Department of Transportation, shall be carried in each motor
vehicle that is operating in this state and that is not exempt from compliance
with financial or future responsibility requirements. Failure of the driver of
a motor vehicle to show a valid card or other proof of compliance when asked to
do so by a police officer is reasonable grounds for the officer to believe that
the person is operating the vehicle in violation of ORS 806.010. [1993 c.746 §2]
     806.012
Failure to carry proof of compliance with financial responsibility requirements;
rules; penalty. (1) A person
commits the offense of failure to carry proof of compliance with financial
responsibility requirements if the person operates a motor vehicle in this
state and does not have in the vehicle current proof of compliance with
financial responsibility requirements.
     (2) The Department of Transportation shall
determine by rule what constitutes proof of compliance with financial
responsibility requirements.
     (3) This section does not apply to persons
operating motor vehicles that are exempt from financial responsibility
requirements by ORS 806.020.
     (4) The court shall dismiss any charge
under this section if, prior to the court appearance date listed on the
citation, the person charged delivers to the clerk of the court named on the
citation proof of compliance with financial responsibility requirements at the
time of the violation.
     (5) The offense described in this section,
failure to carry proof of compliance with financial responsibility
requirements, is a Class B traffic violation. [1993 c.751 §101; 2005 c.361 §1]
     806.014 [1993 c.814 §§5,7; renumbered 809.715 in
1995]
     806.016 [1993 c.814 §6; renumbered 809.716 in 1995]
     806.020
Exemptions from financial responsibility requirements. This section provides exemptions from the
necessity for compliance with or proof of compliance with financial
responsibility requirements in accident reports under ORS 811.725, when
applying for vehicle registration under ORS 803.370 or 803.460 and for
operating a vehicle under ORS 806.010. The owner or operator of a vehicle is
exempt, as provided by this section, from financial responsibility requirements
if the vehicle involved in the accident, sought to be registered or operated is
any of the following:
     (1) An antique motor vehicle issued
permanent registration under ORS 805.010.
     (2) A farm trailer.
     (3) A farm tractor.
     (4) An implement of husbandry.
     (5) A motor vehicle of special interest
that is maintained as a collectorÂ’s item and used for exhibitions, parades,
club activities and similar uses, but not used primarily for the transportation
of persons or property.
     (6) A snowmobile, Class I or Class III
all-terrain vehicle.
     (7) Any motor vehicle when the owner of
the vehicle has submitted to the Department of Transportation a statement, in
such form as may be required by the department, declaring that the vehicle is
continuously not being operated on the highways of this state and explaining
the reasons therefor. A person who falsely certifies under this subsection is
subject to penalty under ORS 806.030.
     (8) A motor assisted scooter.
     (9) An electric personal assistive
mobility device. [1983 c.338 §838; 1985 c.16 §423; 1987 c.217 §4; 1989 c.991 §32;
1993 c.751 §99; 2001 c.749 §22; 2003 c.341 §5]
     806.030
False certification of exemption from financial responsibility; penalty. (1) A person commits the offense of false
certification of exemption from financial responsibility if the person declares
under ORS 806.020 that a vehicle is continuously not being operated on the
highways of this state and the person knows or has reason to believe that such
information is false.
     (2) The offense described in this section,
false certification of exemption from financial responsibility, is punishable
by a fine of not more than $1,000 or imprisonment in the county jail for not
more than one year or both. [1983 c.338 §839]
     806.040
Judgments for which financial responsibility requirements established. Financial responsibility requirements are
designed to provide for minimum payment of judgments of the type described in
this section. When ORS 806.130, 806.140, 806.255, 809.020, 809.130 or 809.470
refer to judgments of the type described in this section, the reference is to a
judgment that meets all of the following requirements:
     (1) It must have become final by
expiration, without appeal, of the time within which an appeal might have been
perfected or by final affirmation on appeal.
     (2) It must be rendered by a court of
competent jurisdiction of any state or of the
     (3) It must be upon a cause of action for
damages of the type described under subsection (4) of this section or upon a
cause of action on an agreement of settlement for such damages.
     (4) It must be for one or more of the
following kinds of damage arising out of a motor vehicle accident on public or
private property:
     (a) Damages, including damages for care
and loss of services, because of bodily injury to or death of any person.
     (b) Damages because of injury to or
destruction of property, including the loss of use thereof. [1983 c.338 §840;
1985 c.16 §424; 1987 c.258 §1; 1995 c.41 §4; 2003 c.175 §4]
     806.050
Falsification of financial responsibility; penalty. (1) A person commits the offense of
falsification of financial responsibility if the person does any of the
following:
     (a) Forges or, without authority, signs
any evidence of proof of compliance with financial responsibility requirements.
     (b) Files or offers for filing any
evidence of proof of compliance with financial responsibility requirements
knowing or having reason to believe that the proof is forged or signed without
authority.
     (c) Knowingly certifies falsely to the
existence of motor vehicle liability insurance meeting the requirements under
ORS 806.080 or some other means of satisfying the financial responsibility
requirements or making a financial responsibility filing.
     (2) A denial of coverage, signed by an
officer or agent of an insurer, returned to the Department of Transportation
after inquiry from the department as to the accuracy of a certification of the
existence of liability insurance under ORS 806.150 or 811.725 is prima facie
evidence of false certification.
     (3) Any person convicted of knowingly
certifying falsely to the existence of motor vehicle liability insurance or to
the existence of some other means of satisfying the financial responsibility
requirements shall be imprisoned for no less than three consecutive days. In no
case shall the execution of the punishment imposed by this section be suspended
by the court, nor shall any person subject to such punishment be sentenced to
probation by the court.
     (4) A person who is convicted for
violation of this section is subject to ORS 806.230 if the person does not make
future responsibility filings as required by that section.
     (5) The offense described in this section,
falsification of financial responsibility, is a Class B misdemeanor except that
violation of subsection (1)(c) of this section is a Class A misdemeanor. [1983
c.338 §841; 1985 c.16 §425; 1985 c.393 §62; 1993 c.14 §27]
     806.055
Giving false information about liability insurance to police officer; penalty. (1) A person commits the offense of giving
false information about liability insurance to a police officer if the person
knowingly gives false information about the personÂ’s motor vehicle liability
insurance coverage to any police officer who is enforcing motor vehicle laws.
     (2) The offense described in this section,
giving false information about liability insurance to a police officer, is a
Class B misdemeanor. [1991 c.330 §2]
REQUIREMENTS
(Generally)
     806.060
Methods of compliance. A
person who is required to comply with the financial responsibility requirements
of this state must be able to respond in damages, in amounts required under
this section, for liability on account of accidents arising out of the
ownership, operation, maintenance or use of motor vehicles and must establish
that ability by one of the methods required by this section. All of the
following apply to the financial responsibility requirements of this state:
     (1) To meet the financial responsibility
requirements, a person must be able to respond in damages in amounts not less
than those established under the payment schedule under ORS 806.070.
     (2) A person may only comply with the
financial responsibility requirements of this state by establishing the
required ability to respond in damages in one of the following ways:
     (a) Obtaining a motor vehicle liability
policy meeting the requirements under ORS 806.080 that will provide at least
minimum limits necessary to pay amounts established under the payment schedule
under ORS 806.070.
     (b) Becoming self-insured as provided under
ORS 806.130. [1983 c.338 §842; 1985 c.16 §426; 1995 c.41 §5; 2003 c.175 §5]
     806.070
Minimum payment schedule.
(1) This section establishes a schedule of payments for the following purposes:
     (a) An insurance policy described under
ORS 806.080 must provide for payment of at least amounts necessary to cover the
minimum required payments under this section to qualify for use for financial
responsibility under ORS 806.060.
     (b) A person who is self-insured under ORS
806.130 must agree to pay according to the payment schedule established by this
section.
     (c) The payment schedule is the minimum
required payment of a judgment for purposes of ORS 809.020, 809.130 and
809.415.
     (2) The schedule of payments is as
follows:
     (a) $25,000 because of bodily injury to or
death of one person in any one accident;
     (b) Subject to that limit for one person,
$50,000 because of bodily injury to or death of two or more persons in any one
accident; and
     (c) $10,000 because of injury to or
destruction of the property of others in any one accident. [1983 c.338 §843;
1985 c.16 §427; 1995 c.41 §6; 2003 c.175 §6; 2003 c.402 §13]
     806.075
Insurance requirements for person convicted of driving under influence of intoxicants. Notwithstanding any other provision of this
chapter, a person convicted of driving under the influence of intoxicants under
ORS 813.010 is subject to the following requirements for the method of
complying with and the amounts needed to meet financial responsibility
requirements and for the duration of future responsibility filings:
     (1) The person must have a certificate or
certificates of insurance that meet the requirements of ORS 806.270 except that
the certificate or certificates must show that the person is covered by
insurance that provides at least:
     (a) $50,000 because of bodily injury to or
death of one person in any one accident;
     (b) Subject to that limit for one person,
$100,000 because of bodily injury to or death of two or more persons in any one
accident; and
     (c) $10,000 because of injury to or destruction
of the property of others in any one accident.
     (2) The person must maintain future
responsibility filings showing insurance coverage in the amounts specified in
subsection (1) of this section for a period of three years from the date that
the first filing is required. [1987 c.774 §95; 1991 c.768 §9]
(Insurance)
     806.080
Insurance. (1) A motor
vehicle liability insurance policy used to comply with financial responsibility
requirements under ORS 806.060 must meet all of the following requirements:
     (a) It must be a policy or part of a
policy designating, by explicit description or by appropriate reference, all
motor vehicles for which coverage is provided by the policy.
     (b) It must insure the named insured and
all other persons insured under the terms of the policy against loss from the
liabilities imposed by law for damages arising out of the ownership, operation,
use or maintenance of those motor vehicles by persons insured under the policy.
The policy must include in its coverage all persons who, with the consent of
the named insured, use the motor vehicles insured under the policy, except for
any person specifically excluded from coverage under ORS 742.450.
     (c) It must provide the minimum limits of
coverage required under ORS 806.070.
     (2) The requirements for the insurance may
be fulfilled by the policies of one or more insurance carriers which policies
together meet such requirements. [1983 c.338 §844; 1991 c.768 §8]
     806.090 [1983 c.338 §845; 1999 c.59 §238; repealed
by 2003 c.175 §1]
     806.100 [1983 c.338 §846; 1985 c.16 §428; repealed
by 2003 c.175 §1]
     806.110 [1983 c.338 §847; repealed by 1995 c.41 §9]
     806.115 [1995 c.41 §2; repealed by 2003 c.175 §1]
     806.120 [1983 c.338 §848; 1985 c.16 §429; repealed
by 1995 c.41 §9]
(Self-Insurance)
     806.130
Self-insurance. (1) To
qualify as a self-insurer for purposes of financial responsibility requirements
under ORS 806.060, a person must do all of the following:
     (a) Apply to the Department of
Transportation and be issued by the department a certificate of self-insurance
under ORS 806.140.
     (b) Either:
     (A) Establish to the satisfaction of the
department that the person possesses and will continue to possess the ability
to pay and discharge judgments described under ORS 806.040 that might be obtained
against the applicant; or
     (B) Be qualified under the laws of the
State of
     (c) Agree to provide the same coverage and
to pay the same amounts with respect to an accident occurring while the
certificate is in force that an insurer would be obligated to provide and to
pay under a motor vehicle liability insurance policy, including providing the
coverage required under ORS 806.080 (1)(b) and uninsured motorist coverage and
liability coverage to at least the limits specified in ORS 806.070.
     (d) Have more than 25 motor vehicles
including commercial buses registered in the personÂ’s name.
     (2)(a) If an accident occurs while a
certificate of self-insurance issued under ORS 806.140 is in force, the
liability protection provided and the amounts paid under subsection (1)(c) of
this section are secondary to any motor vehicle liability insurance or
uninsured motorist coverage available to a customer of the self-insurer, an
operator of the self-insured vehicle or an occupant of the self-insured vehicle
unless otherwise agreed to by the self-insurer. A self-insurer is required to
provide the minimum payments established under ORS 742.502 and 806.070 only when
the motor vehicle liability insurance policy of a customer of the self-insurer
or an operator of the self-insured vehicle does not provide the minimum
required payments established in ORS 742.502 and 806.070.
     (b) A self-insurer may recover from a
customer of the self-insurer or an operator of the self-insured vehicle the
amounts paid under subsection (1)(c) of this section.
     (3) Nothing in this section requires a
self-insurer to provide liability coverage when a person is operating the
vehicle without permission of the self-insurer. [1983 c.338 §849; 1985 c.16 §430;
2007 c.287 §1]
     806.140
Certificate; issuance; cancellation. (1) The Department of Transportation shall issue a certificate of
self-insurance for purposes of financial responsibility requirements under ORS
806.060 and future responsibility filings under ORS 806.240 to any person who
qualifies under ORS 806.130.
     (2) The department may cancel a
certificate of self-insurance issued under this section upon reasonable
grounds. Failure to pay any judgment described under ORS 806.040 within 30 days
after it has become final constitutes reasonable grounds for cancellation under
this subsection. The department shall give not less than five daysÂ’ notice and
a hearing pursuant to such notice before the department may cancel under this
subsection. [1983 c.338 §850]
ENFORCEMENT
     806.150
Department verification program; rules. The Department of Transportation shall provide a program of
verification of compliance with financial responsibility requirements under ORS
803.460 and 806.010. The program established by the department under this
section shall comply with all of the following:
     (1) The verification shall be based on
motor vehicles registered in this state.
     (2) The department may select vehicles for
verification when the department considers the selection necessary or
appropriate. The department may emphasize, in accordance with rules adopted by
the department, verification of vehicles registered to individuals who:
     (a) Have been convicted of violating ORS
806.010;
     (b) Have submitted certifications of
compliance with financial responsibility requirements that have been previously
found to be incorrect; or
     (c) The department has reasonable grounds
to believe are not in compliance with financial responsibility requirements.
     (3) When a vehicle is selected for
verification under this section, the department shall mail a letter and
certification form described under ORS 806.180 to the registered owner of the
vehicle notifying the owner that the vehicle has been selected for verification
and requiring the owner to respond within 30 days and certify that the owner is
in compliance with financial responsibility requirements as of the date of the
letter. In addition, the department may seek verification by communicating
directly with an insurer or its designee.
     (4) Failure of an owner either to return
the certification of compliance with financial responsibility requirements to
the department within 30 days after mailing by the department or to certify
compliance as of the date of the letter, or a determination by the department
that a certification is not accurate constitutes reasonable grounds for the
department to proceed with a demand for verification under ORS 806.160.
     (5) The department shall investigate all
certifications returned to the department under this section as follows:
     (a) If the owner certifies the existence
of insurance described under ORS 806.080, the department shall forward the
certification to the listed insurer to determine whether the certification is
correct. An insurer shall notify the department if the certification is not
correct.
     (b) The department may also determine the
correctness of certifications of other means of satisfying financial
responsibility requirements for the vehicle.
     (6) No civil liability shall accrue to the
insurer or any of its employees for reports made to the department under this
section when the reports are made in good faith based on the most recent
information available to the insurer. [1983 c.338 §851; 1985 c.16 §431; 1985
c.714 §2; 1987 c.158 §165; 1993 c.751 §29; 2005 c.142 §1]
     806.160
Demand for proof of compliance; when authorized; report to district attorney. (1) The Department of Transportation shall
demand that a person provide the department, within 30 days after the date of
the mailing of the demand, satisfactory proof that the person is in compliance
with the financial responsibility requirements as of the date of the letter
from the department under ORS 806.150 if the department has reasonable grounds
to believe that the person was or is violating any of the following, whether or
not the person has been convicted of the violation:
     (a) Driving uninsured under ORS 806.010.
     (b) Falsification of financial
responsibility under ORS 806.050.
     (2) If the person cannot provide the
required proof within the required time:
     (a) The person is subject to the
requirements under ORS 806.220; and
     (b) The department shall also notify the
district attorney of the county in which the person resides of the departmentÂ’s
belief that the person was or is committing violations of ORS 806.010 and
806.050.
     (3) No civil liability shall accrue to the
department or any of its employees for reports made to a district attorney
under this section. [1983 c.338 §852; 1985 c.714 §3; 2001 c.104 §300]
     806.170
Department check on financial certification on accident reports. The Department of Transportation shall
investigate all certifications of compliance with financial responsibility
requirements made on reports of accidents under ORS 811.725 and 811.730. The
department shall contact the insurers listed on the certifications to determine
whether each certification is accurate. If the certification is not correct, an
insurer shall so notify the department. [1983 c.338 §853]
     806.180
Information to be provided when certification of compliance required. A person who is required, under ORS 803.460
or 811.725, to certify compliance with financial responsibility requirements
shall comply with the following:
     (1) The person shall certify in a manner
prescribed by the Department of Transportation.
     (2) The applicant shall provide any
information that the department requires.
     (3) If the person certified the existence
of a motor vehicle liability insurance policy described under ORS 806.080, the
person shall report at least the following information:
     (a) The name of the insurer issuing the
policy; and
     (b) The policy number, insurance producer’s
binder number or any other number that identifies the policy. [1983 c.338 §854;
1985 c.714 §4; 1987 c.158 §166; 1993 c.751 §30; 2003 c.364 §172]
     806.190
Insurance carrier or producer report of person involved in accident who is in
violation of ORS 806.010; civil liability. (1) Every insurance carrier or insurance producer that issues property
and casualty insurance policies, as defined in ORS chapter 731, in this state
shall report to the Department of Transportation any person the carrier or
producer has reason to believe is involved in an accident while the person is
operating a vehicle in violation of ORS 806.010. The carrier or producer shall
make the report required by this section whether or not the accident:
     (a) Is a reportable accident under ORS
811.720; or
     (b) Occurred on a highway or on any other
premises open to the public.
     (2) No civil liability shall accrue to a
carrier or insurance producer or any of its employees for reports made to the
department under this section when the reports are made in good faith. [Formerly
486.097 and then 743.774; 2001 c.827 §6; 2003 c.364 §173]
     806.195
Information submitted by insurers; rules; use. (1) The Department of Transportation shall
specify by rule:
     (a) Any information that insurers shall
submit to the department in addition to that specifically required by ORS
742.580.
     (b) The form in which the information
required by ORS 742.580 and by rules adopted under this section shall be
submitted.
     (2) Information submitted to the
department in accordance with ORS 742.580 and with rules adopted under this
section shall be:
     (a) Entered into a computer system
maintained by the department; and
     (b) Made available to police officers in
the most timely and efficient way possible. [1993 c.746 §6; 2001 c.104 §301]
FUTURE
RESPONSIBILITY FILINGS
     806.200
Failure to file after accident; penalty. (1) A person commits the offense of failure to make a future
responsibility filing after an accident if the person is the owner or driver of
a vehicle that is in any manner involved in an accident that is required to be
reported under ORS 811.720 and the person does not make a future responsibility
filing within 30 days after the filing of the accident report required under
ORS 811.725.
     (2) Exemptions from this section are
established under ORS 806.210.
     (3) The employer of a driver is subject to
the requirements and penalties under this section if the driver is an employee
exempted from this section under ORS 806.210. If an employer is subject to this
section, the registration of the employerÂ’s vehicles may be suspended as
provided under ORS 809.050.
     (4) In addition to any other penalties
under this section, violation of this section subjects the violator to
suspension of driving privileges as provided under ORS 809.415.
     (5) The offense described in this section,
failure to make a future responsibility filing after an accident, is a Class B
traffic violation. [1983 c.338 §855; 1985 c.393 §63; 2003 c.402 §14]
     806.210
Exemption from requirement to file after accident. As appropriate, the driver or the owner, or
both, are exempt from the requirement under ORS 806.200 to make a future
responsibility filing if the person claiming exemption furnishes to the
Department of Transportation proof of any of the following:
     (1) At the time of the accident the driver
was operating a vehicle owned by or leased to and operated under the direction
of the
     (2) At the time of the accident the
vehicle was lawfully parked.
     (3) Such liability as may arise from the
driverÂ’s operation of the vehicle involved in the accident was covered by some
form of liability insurance which complies with the financial responsibility
requirements.
     (4) The owner of the vehicle involved in
the accident was a self-insurer under ORS 806.130.
     (5) The vehicle involved in the accident
was being operated under a permit issued by the department under ORS chapter
825.
     (6) At the time of the accident the owner’s
vehicle was being operated without the ownerÂ’s permission, expressed or
implied, or was parked by a person who had been operating such vehicle without
the ownerÂ’s permission unless the vehicle at the time of its taking had been
left unattended in a condition prohibited by a regulation or ordinance designed
to prevent the operation of vehicles by unauthorized persons. This subsection
only exempts owners of vehicles who qualify.
     (7) At the time of the accident, the
driver was operating a vehicle owned, operated or leased by the driverÂ’s
employer with the permission of that employer. This subsection only exempts
drivers of vehicles. Owners remain subject as provided under ORS 806.200. [1983
c.338 §856; 1995 c.733 §87; 2003 c.175 §7]
     806.220
Failure to file after failing verification; penalty. (1) A person commits the offense of failure
to make future responsibility filing after failing verification if the person:
     (a) Is unable to provide satisfactory
proof of compliance with financial responsibility requirements as of the date
of the letter of verification from the Department of Transportation under ORS
806.150 upon the demand of the department under ORS 806.160 within the time
required by that section; and
     (b) Does not, within 60 days after the
date of the mailing of the demand by the department under ORS 806.160, make a
future responsibility filing.
     (2) The offense described in this section,
failure to make future responsibility filing after failing verification, is a
Class B traffic violation. [1983 c.338 §857; 1985 c.393 §64; 1985 c.714 §5]
     806.230
Failure of previous violator to file. (1) A person commits the offense of failure of a previous violator to
make a future responsibility filing if the person is convicted of a violation
of ORS 806.010 or 806.050 and the person does not make a future responsibility
filing within 30 days after the conviction.
     (2) In addition to any other penalties
under this section, a violator of this section is subject to suspension of
driving privileges under ORS 809.415.
     (3) The offense described in this section,
failure of a previous violator to make future responsibility filing, is a Class
A traffic violation. [1983 c.338 §858; 1985 c.393 §65; 2003 c.402 §15]
     806.240
What constitutes proof of compliance; filing for another; failure of proof to
meet requirements. Future
responsibility filings required by ORS 806.200, 806.220 or 806.230 or by any
other law of this state are subject to all of the following:
     (1) The person required to make the filing
must file, or have filed for the benefit of the person, proof that meets the
requirements of this section and must maintain the proof as long as required
under ORS 806.245.
     (2) The proof given for a future
responsibility filing must be one or more of the following proofs that the
person is in compliance with financial responsibility requirements:
     (a) A certificate or certificates of
insurance that meet the requirements under ORS 806.270.
     (b) A valid certificate of self-insurance
issued by the Department of Transportation under ORS 806.130.
     (3) The owner of a motor vehicle may make
a future responsibility filing under this section on behalf of the ownerÂ’s
employee or a member of the ownerÂ’s immediate family or household in lieu of
the filing being made by such person. Filing under this subsection permits the
person on whose behalf the filing is made to operate only a motor vehicle
covered by the proof given in the filing. The department shall endorse
restrictions, as appropriate, on any license or driver permit the person holds
as the department determines necessary to limit the personÂ’s ability to operate
vehicles consistent with this subsection.
     (4) At the request of a person who has
made a future responsibility filing under this section, the department shall
return the proof filed upon the substitution of other adequate proof.
     (5) Whenever proof filed under this
section no longer meets the requirements of this section, the department shall
require the furnishing of other proof for the future responsibility filing. If
such other proof is not so furnished, the department shall suspend the driving
privileges of the person as provided under ORS 809.415 or, if applicable, any
registration as provided under ORS 809.050. [1983 c.338 §859; 1987 c.258 §2;
1995 c.41 §7; 2003 c.14 §466; 2003 c.175 §8; 2003 c.402 §16]
     806.245
Termination of future responsibility filing requirement; reasons. A termination of the requirement to maintain
a future responsibility filing does not remove a personÂ’s responsibility to
comply with financial responsibility requirements. Except as provided in ORS
806.255, the Department of Transportation shall terminate requirements for a future
responsibility filing when any of the following occurs:
     (1) The person on whose behalf the filing
was made dies.
     (2) More than three years have passed from
the date the filing was required.
     (3) A person on whose behalf the filing
was made requests termination and either:
     (a) The person was required to file
because of an error committed by the department; or
     (b) The person was required to file
because of an error committed by an insurance company in notifying the
department regarding the correctness of a certification under ORS 806.150.
     (4) A person who was required to file
because of failure to respond to a department demand under ORS 806.160 requests
termination and the department determines either:
     (a) That the person was in fact in
compliance with financial responsibility requirements as of the date of the
departmentÂ’s letter of verification under ORS 806.150; or
     (b) That the person reasonably and in good
faith believed that the person was in compliance with financial responsibility
requirements on the date of the departmentÂ’s letter of verification.
     (5) A person who was required to file
because of failure to prove under ORS 806.210 that the person was in compliance
with financial responsibility requirements requests termination and the department
determines either:
     (a) That the person was in fact in
compliance with financial responsibility requirements at the time of the
accident; or
     (b) That the person reasonably and in good
faith believed that the person was in compliance with financial responsibility
requirements at the time of the accident. [1987 c.258 §4]
     806.250
Return of proof submitted for future responsibility filing. (1) Subject to ORS 806.255, the Department
of Transportation shall return any proof submitted for a future responsibility
filing except a certificate of insurance described in ORS 806.270 to the person
entitled thereto upon termination of the requirement for a future
responsibility filing under ORS 806.245.
     (2) Subject to ORS 806.255, the department
shall return any proof submitted for a future responsibility filing except a
certificate of insurance described in ORS 806.270 to the person entitled
thereto if the person on whose behalf the proof was submitted surrenders to the
department any license or driver permit held by the person or if the person is
subject to suspension of registration under ORS 809.050 and surrenders to the
department any such registration. If the department returns proof under this
subsection, the requirement for the person to make future responsibility
filings is not terminated and the department shall refuse any application for
driving privileges or registration the person thereafter makes unless the
person makes a future responsibility filing for the remainder of the three-year
period. [1983 c.338 §860; 1985 c.16 §432; 1985 c.714 §9; 1987 c.158 §167; 1987
c.258 §5]
     806.255
Effect of pending action or unsatisfied judgment; affidavit. The Department of Transportation shall not
terminate any requirements under ORS 806.245 or return any proof under ORS
806.250 if any action for damages which may result in a judgment of a type
described under ORS 806.040 is then pending nor in the event any such judgment
is outstanding and unsatisfied. An affidavit of an applicant for termination or
release stating the nonexistence of such facts is sufficient evidence thereof
in the absence of evidence to the contrary in the records of the department. An
affidavit will not be required for a person who filed a certificate of
insurance as described in ORS 806.270 during the period such proof was
required. [1987 c.258 §7]
     806.260 [1983 c.338 §861; repealed by 2003 c.175 §1]
     806.270
Certificate of insurance; requirements; presumption of completeness. (1) A certificate of insurance that is used
to comply with future responsibility filing requirements under ORS 806.240 is
subject to all of the following:
     (a) Except as provided by ORS 806.280, the
certificate must be issued by an insurance carrier doing business in this
state.
     (b) The certificate must show that the
person required to make the future responsibility filing is covered by
insurance that provides minimum coverage necessary for payment of the schedule
of payments under ORS 806.070.
     (c) The certificate must show that the
person required to make the future responsibility filing is either:
     (A) Insured by a policy meeting the
requirements under ORS 806.080 that also covers all other persons who, with the
consent of the insured, use the vehicles owned by the person making the filing;
or
     (B) Insured against loss arising from
liabilities imposed by law for damages arising out of the ownership, operation,
use or maintenance of motor vehicles not owned by the person required to make
the filing.
     (d) The certificate must:
     (A) Be dated as of the date of the motor
vehicle policy for which it is given;
     (B) Contain the policy number; and
     (C) Describe all vehicles covered by the
policy unless the policy is issued with respect to all vehicles operated by the
insured.
     (e) The certificate must provide that the
insurers will give the Department of Transportation notice of any cancellation
of the policy within 10 days after the effective date of the cancellation or
termination. The notice requirement under this paragraph does not apply where
the insurance is terminated under ORS 806.290.
     (2) The certificate or certificates must
cover all vehicles that are registered in the name of or operated by the
person, except vehicles that are in storage and for which the current
registration plates and cards have been surrendered to the department.
     (3) Unless and until the department has
reason to believe otherwise, the department may presume that all vehicles that
are required by subsection (2) of this section to be covered by the certificate
are covered.
     (4) The requirements under this section
may be fulfilled by the policies of one or more insurance carriers. [1983 c.338
§862; 1985 c.16 §433; 1993 c.751 §31; 1999 c.59 §239; 2003 c.174 §1]
     806.280
When certificate of carrier not authorized to do business in this state may be
used. The Department of
Transportation shall not accept a certificate of insurance for purposes of
future responsibility filings from an insurance company that is not authorized
to do business in
     (1) The company must execute and deliver
to the department a power of attorney authorizing the department to accept on
behalf of the company service of process in any action arising out of a vehicle
accident in this state involving the principal or insured of the company.
     (2) The company must execute and deliver
to the department a written agreement that the policy shall be deemed to
conform to the laws of this state relating to such insurance policy.
     (3) The company must not be in default in
any of its agreements or undertakings under a certificate of insurance used for
a future responsibility filing in this state. The department shall not accept
any certificate of insurance from a company described in this subsection so
long as such default continues. [1983 c.338 §863; 2003 c.175 §9]
     806.290
Automatic termination of insurance under future responsibility filing upon
subsequent filing. An
insurance policy for which a certificate of insurance is filed to comply with
future responsibility requirements is terminated with respect to any operator
or vehicle designated in the certificate if the operator or vehicle is also
covered by an insurance policy subsequently procured and certified to the
Department of Transportation. The date of termination under this section is the
date the subsequent certificate is filed with the department. [1983 c.338 §864]
     806.300
Failure to surrender license and registration on cancellation of future responsibility
filing; penalty. (1) A
person commits the offense of failure to surrender license and registration on
cancellation of future responsibility filing if the person does not immediately
return the personÂ’s license or driver permit and registration to the Department
of Transportation when any of the following occur:
     (a) A policy of insurance required under
ORS 806.240 is canceled or terminated.
     (b) The person neglects to furnish other
proof for a future responsibility filing upon request of the department.
     (2) If any person fails to return to the
department the license, driver permit or registration, the department may
request any peace officer to secure possession thereof and return it to the
department.
     (3) The offense described in this section,
failure to surrender license and registration on cancellation of future responsibility
filing, is a Class C misdemeanor. [1983 c.338 §865; 1985 c.16 §434; 1985 c.393 §66;
2003 c.175 §10]
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