2007 Oregon Code - Chapter 807 :: Chapter 807 - Driving Privileges and Identification Cards
Chapter 807 —
Driving Privileges and Identification Cards
2007 EDITION
DRIVING PRIVILEGES AND IDENTIFICATION CARDS
REQUIREMENT
807.010Â Â Â Â Operating
vehicle without driving privileges or in violation of license restrictions;
penalty
STATUTORY PRIVILEGES
807.020Â Â Â Â Exemptions
from requirement to have
ESTABLISHMENT OF IDENTITY
807.024Â Â Â Â Collection
of biometric data; establishment of personÂ’s identity; rules; immunity
807.026Â Â Â Â Management
of biometric data
LICENSES, ENDORSEMENTS AND PERMITS
(Licenses)
807.031Â Â Â Â Classes
of license
807.035Â Â Â Â Kinds
of endorsements
807.036Â Â Â Â Exceptions
to endorsement requirement for tow vehicle operator
807.038Â Â Â Â School
bus endorsement exception
807.040Â Â Â Â Requirements
for issuance; rules; fees
807.045Â Â Â Â Issuance
of commercial license to person who holds out-of-state commercial license
807.050Â Â Â Â Application
807.060Â Â Â Â Eligibility
807.062Â Â Â Â Domicile
or residency requirement for driver license
807.065Â Â Â Â Additional
eligibility requirements for persons under 18 years of age; provisional driver
license
807.066Â Â Â Â School
requirements for persons under 18 years of age
807.070Â Â Â Â Examinations
807.072Â Â Â Â Waiver
of certain examinations, tests and demonstrations; rules
807.080Â Â Â Â Driver
competency testing certificates; waiver of demonstration test for persons
certified; rules; fees
807.090Â Â Â Â Establishing
eligibility notwithstanding mental or physical condition or impairment
807.100Â Â Â Â Medical
certificates; when required
807.110Â Â Â Â Contents
of license
807.115Â Â Â Â Duplicate
images of photographs
807.120Â Â Â Â Restrictions
generally
807.122Â Â Â Â Restrictions
on operation with provisional driver license
807.130Â Â Â Â Expiration
807.135Â Â Â Â Expiration
of license held by Oregon National Guard member or military reservist
807.140Â Â Â Â Notice
prior to expiration; exceptions; effect of failure to notify; records
807.150Â Â Â Â Renewal
807.160Â Â Â Â Replacement
license or permit; rules; fees
(Endorsements)
807.170Â Â Â Â Requirements
for issuance; fees; cancellation
807.173Â Â Â Â Additional
requirements for hazardous materials endorsement; rules
807.175Â Â Â Â Motorcycle
education course for persons under 21 years of age
(Permits)
807.200Â Â Â Â Types
of permit
807.210Â Â Â Â Disability
golf cart permit; fees
807.220Â Â Â Â Emergency
driver permit; fees
807.230Â Â Â Â Special
student driver permit; fees
807.240Â Â Â Â Hardship
permit; fees; rules
807.250Â Â Â Â Restrictions
on issuance of hardship permit
807.252Â Â Â Â Restrictions
on issuance of hardship permit to person convicted of assault in second, third
or fourth degree
807.260Â Â Â Â Notice
to police about hardship permit holders and limitations on permits
807.270Â Â Â Â Probationary
driver permit; fee; rules
807.280Â Â Â Â Instruction
driver permit; fees
807.290Â Â Â Â Special
temporary instruction driver permit; fees
807.310Â Â Â Â Applicant
temporary permit
807.320Â Â Â Â Court
issued temporary driver permit
807.330Â Â Â Â Court
bail driver permit
(Continuing Eligibility)
807.340Â Â Â Â Reestablishment
of eligibility; effect of failure to reestablish; waiver of fee
807.350Â Â Â Â Cancellation
of privileges for failure to meet qualifications; issuance of more limited
license or permit
(Persons With Limited Vision)
807.355Â Â Â Â Definitions
807.359Â Â Â Â Special
limited vision condition learnerÂ’s permit
807.363Â Â Â Â Issuance
of driver license to person with limited vision condition
807.368Â Â Â Â Form
of permit; rehabilitation training specialists; rules
Note         Driving
at night--2007 c.588 §§8,9
FEES
807.370Â Â Â Â License,
endorsement and permit fees
807.375Â Â Â Â Additional
fee for collection and verification of biometric data
807.390Â Â Â Â Waiver
of certain fees; rules
IDENTIFICATION CARDS
807.400Â Â Â Â Issuance;
application; contents; renewal; fee; validity; replacement; cancellation; rules
807.405Â Â Â Â Applicant
temporary identification card
807.410Â Â Â Â Fees
807.420Â Â Â Â Failure
to notify department on change of name or address; rules; penalty
807.430Â Â Â Â Misuse
of identification card; penalty
OFFENSES
807.500Â Â Â Â Unlawful
production of certain documents; affirmative defense; penalty
807.510Â Â Â Â Transfer
of documents for purposes of misrepresentation; penalty
807.520Â Â Â Â False
swearing to receive license; penalty
807.530Â Â Â Â False
application for license; penalty
807.540Â Â Â Â Failure
to surrender prior license; penalty
807.550Â Â Â Â Holding
multiple licenses; penalty
807.560Â Â Â Â Failure
to notify department upon change of address or name; rules; penalty
807.570Â Â Â Â Failure
to carry or present license; penalty
807.580Â Â Â Â Using
invalid license; penalty
807.590Â Â Â Â Permitting
misuse of license; penalty
807.600Â Â Â Â Using
anotherÂ’s license; penalty
807.610Â Â Â Â Employing
or providing vehicle to unqualified driver; penalty
807.620Â Â Â Â Giving
false information to police officer; penalty
MISCELLANEOUS
807.700Â Â Â Â Notification
to department as to released persons with mental retardation or mental illness
who are licensed operators
807.710Â Â Â Â Reports
of persons with cognitive or functional impairment; rules; forms
807.720Â Â Â Â Death
certificates to be filed with department
REQUIREMENT
     807.010
Operating vehicle without driving privileges or in violation of license
restrictions; penalty. (1) A
person commits the offense of vehicle operating without driving privileges if
the person operates a motor vehicle upon a highway or premises open to the
public in this state and the person does not have an appropriate grant of
driving privileges from this state in the form of a license, driver permit,
endorsement or statutory grant of driving privileges allowing the person to
engage in the particular type of operation.
     (2) A person to whom a license or driver
permit is issued commits the offense of violating license restrictions if the
person operates a motor vehicle in any manner that violates restrictions that
are placed upon the personÂ’s driving privileges by the Department of
Transportation under ORS 807.120 or 807.122, by a court under ORS 809.210 or
809.270, or by the vehicle code.
     (3) Nothing in this section is applicable
to a person who is driving while suspended or revoked in violation of ORS
811.175 or 811.182. Persons who violate ORS 811.175 or 811.182 are subject to
the provisions and penalties provided therein and are not subject to the
penalties and provisions of this section.
     (4) The offense described in subsection
(1) of this section, vehicle operating without driving privileges, is a Class B
traffic violation.
     (5) The offense described in subsection
(2) of this section, operating in violation of license restrictions, is a Class
B traffic violation. [1985 c.608 §5 (enacted in lieu of 1983 c. 338 §299); 1987
c.730 §10; 1999 c.328 §6; 2003 c.14 §467]
STATUTORY
PRIVILEGES
     807.020
Exemptions from requirement to have
     (1) A person who is not a resident of this
state or who has been a resident of this state for less than 30 days may
operate a motor vehicle without an
     (a) If the person is under the minimum age
required to be eligible for driving privileges under ORS 807.060;
     (b) During a period of suspension or
revocation by this state or any other jurisdiction of driving privileges or of the
right to apply for a license or driver permit issued by this state or any other
jurisdiction; or
     (c) That exceed the driving privileges
granted to the person by the out-of-state license or driver permit.
     (2) A person in the Armed Forces of the
United States may operate a motor vehicle without an Oregon license or driver
permit if the person:
     (a) Has a current out-of-state license or
driver permit issued by the Armed Forces; and
     (b) Is operating an official motor vehicle
in the course of the personÂ’s duties in the Armed Forces.
     (3) A person without a license or driver
permit may operate a road roller or road machinery that is not required to be
registered under the laws of this state.
     (4) A person without a license or driver
permit may temporarily operate, draw, move or propel a farm tractor or
implement of husbandry.
     (5) A person without a license or driver
permit may operate a motor vehicle to demonstrate driving ability during the
course of an examination administered under ORS 807.070 for the purpose of
qualifying for a license or driver permit. This subsection only applies when an
authorized examiner is in a seat beside the driver of the motor vehicle.
     (6) Driving privileges for snowmobiles are
exclusively as provided in ORS 821.150.
     (7) Driving privileges for Class I
all-terrain vehicles are exclusively as provided in ORS 821.170.
     (8) Driving privileges for Class III
all-terrain vehicles are exclusively as provided in ORS 821.172.
     (9) A person without a license or driver
permit may operate a golf cart in accordance with an ordinance adopted under
ORS 810.070.
     (10) The spouse of a member of the Armed
Forces of the
     (11) A person who is a member of the Armed
Forces of the United States on active duty may operate a motor vehicle if the
person has a current out-of-state license or driver permit in the personÂ’s
possession that is issued to the person by the personÂ’s state of domicile or by
the Armed Forces of the United States in a foreign country. Driving privileges
described under this subsection that are granted by the Armed Forces apply only
for a period of 45 days from the time the person returns to the
     (12) A person who does not hold a
motorcycle endorsement may operate a motorcycle if the person is:
     (a) Within an enclosed cab; or
     (b) Operating a vehicle designed to travel
with three wheels in contact with the ground at speeds of less than 15 miles
per hour.
     (13) A person may operate a bicycle that
is not an electric assisted bicycle without any grant of driving privileges.
     (14) A person may operate an electric
assisted bicycle without a driver license or driver permit if the person is 16
years of age or older.
     (15) A person may operate a motor assisted
scooter without a driver license or driver permit if the person is 16 years of age
or older.
     (16) A person who is not a resident of
this state or who has been a resident of this state for less than 30 days may
operate a motor vehicle without an Oregon license or driver permit if the
person is at least 15 years of age and has in the personÂ’s possession a current
out-of-state equivalent of a Class C instruction driver permit issued to the
person. For the purpose of this subsection, a person is a resident of this
state if the person meets the residency requirements described in ORS 807.062.
A person operating a motor vehicle under authority of this subsection has the
same privileges and is subject to the same restrictions as a person operating
under the authority of a Class C instruction driver permit issued as provided
in ORS 807.280.
     (17) A person may operate an electric
personal assistive mobility device without any grant of driving privileges if
the person is 16 years of age or older. [1983 c.338 §300; 1985 c.16; 123; 1985
c.608 §13; 1987 c.217 §5; 1993 c.83 §1; 1995 c.774 §14; 1997 c.400 §6; 2001
c.749 §21; 2003 c.14 §468; 2003 c.341 §6; 2007 c.845 §3]
ESTABLISHMENT
OF IDENTITY
     807.024
Collection of biometric data; establishment of personÂ’s identity; rules;
immunity. (1) A person who
applies for issuance, renewal or replacement of a driver license, driver permit
or identification card shall submit to collection of biometric data by the
Department of Transportation for the purpose of establishing the personÂ’s
identity. Submitting to collection of biometric data under this section does
not excuse a person from responsibility for complying with requirements for
proof of identity, age or residence pursuant to ORS 807.050.
     (2) For purposes of this section, a person’s
identity is established if:
     (a) The department finds that the biometric
data collected as required under subsection (1) of this section match the
biometric data that are already in the departmentÂ’s records for that person; or
     (b) The department finds that the
biometric data collected as required under subsection (1) of this section do
not match biometric data in the departmentÂ’s records for any other person and
the department does not otherwise have reason to believe that the person is not
who the person claims to be.
     (3) If a person’s identity is established
as described in subsection (2) of this section, the department shall mail the
driver license, driver permit or identification card to the address provided by
the person when the person applied for the issuance, renewal or replacement of
the license, permit or identification card.
     (4) If a person’s identity is not
established as described in subsection (2) of this section, the department
shall:
     (a) Inform the person who submitted to
collection of biometric data that the personÂ’s identity was not established;
and
     (b) Provide the person with the
opportunity to establish the personÂ’s identity by an alternative method
approved by the department by rule.
     (5) If a person’s identity was not
established as described in subsection (2) of this section and the department
has reason to believe that the crime of identity theft, as described in ORS
165.800, was committed by the person currently submitting to collection of
biometric data or by a person who previously submitted to collection of
biometric data under the identity of the person currently submitting to
collection of biometric data, the department shall notify a law enforcement
agency that has jurisdiction over the crime.
     (6) The department by rule shall establish
procedures for providing expedited processing of driver licenses, driver
permits or identification cards.
     (7) The department and employees of the
department are immune from liability for any damages resulting from the
issuance, renewal or replacement of a driver license, driver permit or
identification card under another personÂ’s identity if the employee who
processed the biometric data for a license, permit or identification card
established the applicantÂ’s identity as described in subsection (2) of this
section. [2005 c.775 §3]
     Note: 807.024 becomes operative July 1, 2008. See
section 17, chapter 775, Oregon Laws 2005.
     807.026
Management of biometric data.
(1) The Department of Transportation shall retain biometric data collected by
the department in the course of issuing, renewing or replacing driver licenses,
driver permits and identification cards.
     (2) The biometric data may not be made
available to anyone other than employees of the department acting in an
official capacity. [2005 c.775 §4]
     Note: 807.026 becomes operative July 1, 2008. See
section 17, chapter 775, Oregon Laws 2005.
     807.030 [1985 c.608 §8; 1987 c.744 §1; repealed by
1989 c.636 §54]
LICENSES,
ENDORSEMENTS AND PERMITS
(Licenses)
     807.031
Classes of license. This
section describes the type of driving privileges granted by the various licenses
issued by this state. Licenses are established by class with the highest class
being Class A commercial. Each class of license grants driving privileges for
that class and for all lower classes. A license does not grant driving
privileges for which an endorsement is required. The following licenses grant
the driving privileges described:
     (1) A Class A commercial driver license
authorizes a person to operate any vehicle or combination of vehicles except
that the person may not operate any vehicle for which an endorsement is
required unless the person obtains the endorsement.
     (2) A Class B commercial driver license
authorizes a person to operate any single vehicle and to tow a vehicle that is
not in excess of 10,000 pounds gross vehicle weight rating. The person may not
operate any vehicle for which an endorsement is required unless the person
obtains the endorsement.
     (3) A Class C commercial driver license
authorizes a person to operate:
     (a) Any vehicle that is designed to
transport 16 or more persons, including the driver, if the gross vehicle weight
rating of the vehicle is less than 26,001 pounds and the person has the proper
endorsement to operate a vehicle described in this paragraph;
     (b) Any vehicle that is owned or leased
by, or operated under contract with, a mass transit district or a
transportation district when the vehicle is actually being used to transport
passengers for hire, regardless of the number of passengers, if the gross
vehicle weight rating of the vehicle is less than 26,001 pounds and the person
has a passenger endorsement;
     (c) Any vehicle that is used in the
transportation of hazardous materials if the gross vehicle weight rating of the
vehicle is less than 26,001 pounds and the person has the proper endorsement;
and
     (d) Any vehicle that may be operated by
the holder of a Class C license.
     (4) A Class C driver license authorizes a
person to operate any vehicle for which a commercial driver license is not
required except that the person may not operate any vehicle for which an
endorsement is required unless the person obtains the endorsement.
     (5) A restricted Class C license
authorizes a person to operate a moped or to operate under one of the permits
described in ORS 807.200 as constituting a restricted Class C license. The person
may not operate any vehicle for which an endorsement is required or be granted
any endorsements for the license. [1989 c.636 §12; 2003 c.14 §469; 2005 c.649 §3]
     807.032 [1989 c.636 §12a; repealed by 1997 c.83 §1]
     807.035
Kinds of endorsements. This
section describes the type of driving privileges granted by various
endorsements issued by this state. The following endorsements grant the driving
privileges described:
     (1) A motorcycle endorsement authorizes a
person to operate any motorcycle.
     (2) A hazardous materials endorsement
authorizes a person to operate a vehicle transporting hazardous materials.
     (3) A tank vehicle endorsement authorizes
a person to operate tank vehicles.
     (4) A passenger endorsement authorizes a
person to operate a vehicle that is designed to transport 16 or more persons,
including the driver, but that is not a school bus.
     (5) A school bus endorsement authorizes a
person to operate a school bus if the person also holds a valid passenger
endorsement.
     (6) A double and triple trailer
endorsement authorizes a person to operate a commercial motor vehicle with
double and triple trailer combinations.
     (7) A combined endorsement authorizes a
person to operate a tank vehicle, transport hazardous materials and transport
hazardous materials in a tank vehicle.
     (8) A Class A farm endorsement authorizes
a person to:
     (a) Operate or tow any vehicle that can be
operated by the holder of a Class A commercial driver license if the vehicle
is:
     (A) Controlled or operated by a farmer;
     (B) Used to transport agricultural
products, farm machinery or farm supplies to or from a farm;
     (C) Not used in the operation of a common
or contract motor carrier; and
     (D) Used within 150 miles of the farmer’s
farm.
     (b) Operate any vehicle described in
paragraph (a) of this subsection that is transporting hazardous materials if
the vehicle is placarded in accordance with law.
     (c) Operate any vehicle described in
paragraph (a) of this subsection that is a tank vehicle or a double trailer
combination without holding a tank vehicle endorsement or a double and triple
trailer endorsement.
     (9) A Class B farm endorsement authorizes
a person to:
     (a) Operate or tow any vehicle that can be
operated or towed by the holder of a Class B commercial driver license if the vehicle
is:
     (A) Controlled or operated by a farmer;
     (B) Used to transport agricultural
products, farm machinery or farm supplies to or from a farm;
     (C) Not used in the operation of a common
or contract motor carrier; and
     (D) Used within 150 miles of the farmer’s
farm.
     (b) Operate any vehicle described in
paragraph (a) of this subsection that is transporting hazardous materials if
the vehicle is placarded in accordance with law.
     (c) Operate any vehicle described in
paragraph (a) of this subsection that is a tank vehicle without holding a tank
vehicle endorsement. [1989 c.636 §13; 1991 c.185 §3; 1993 c.288 §1; 2003 c.14 §470;
2005 c.649 §1; 2007 c.122 §8]
     807.036
Exceptions to endorsement requirement for tow vehicle operator. Notwithstanding any other provision of law,
the operator of a tow vehicle is not required to have an endorsement for towing
a disabled vehicle that can be operated only by a person with an endorsement if
the towing operation is the first move of the disabled vehicle and is performed
as an emergency service or if the move is a subsequent move of an empty vehicle
that requires a passenger endorsement or a school bus endorsement for
operation. [1989 c.636 §13a; 1991 c.185 §4; 2003 c.14 §471; 2005 c.649 §4]
     807.038
School bus endorsement exception. Notwithstanding any other provision of law, a school bus manufacturer,
school bus dealer or school bus mechanic is not required to have a school bus
endorsement while operating a school bus that is not transporting students. [2007
c.122 §2]
     807.040
Requirements for issuance; rules; fees. (1) The Department of Transportation shall issue a driver license to
any person who complies with all of the following requirements:
     (a) The person must complete an
application for a license under ORS 807.050.
     (b) The person must submit to collection
of biometric data by the department that establish the identity of the person
as described in ORS 807.024.
     (c) The person must not be ineligible for
the license under ORS 807.060 and must be eligible for the license under ORS
807.062.
     (d) The person must successfully pass all
examination requirements under ORS 807.070 for the class of license sought.
     (e) The person must pay the appropriate
license fee under ORS 807.370 for the class of license sought.
     (f) The person must pay the Student Driver
Training Fund eligibility fee.
     (g) If the application is for a commercial
driver license, the person must be the holder of a Class C license or any
higher class of license.
     (h) If the application is for a commercial
driver license, the person must submit to the department, in a form approved by
the department, the report of a medical examination that establishes that the
person meets the medical requirements for the particular class of license. The
department, by rule, shall establish medical requirements for purposes of this
paragraph. The medical requirements established under this paragraph may
include any requirements the department determines are necessary for the safe
operation of vehicles permitted to be operated under the class of license for
which the requirements are established.
     (i) If the application is for a commercial
driver license, the person must:
     (A) Have at least one year’s driving
experience;
     (B) Not be disqualified from holding a
commercial driver license under ORS 809.404; and
     (C) Not be otherwise ineligible to hold a
commercial driver license.
     (2) The department shall work with other
agencies and organizations to attempt to improve the issuance system for driver
licenses. [1983 c.338 §301; 1985 c.16 §124; 1985 c.182 §2; 1985 c.608 §14a;
1989 c.636 §16; 1991 c.709 §1; 1993 c.751 §34; 2001 c.668 §8; 2005 c.22 §515;
2005 c.649 §15; 2005 c.775 §6]
     Note: The amendments to 807.040 by section 6,
chapter 775,
     807.040. (1) The Department of Transportation shall
issue a driver license to any person who complies with all of the following
requirements:
     (a) The person must complete an
application for a license under ORS 807.050.
     (b) The person must not be ineligible for
the license under ORS 807.060 and must be eligible for the license under ORS
807.062.
     (c) The person must successfully pass all
examination requirements under ORS 807.070 for the class of license sought.
     (d) The appropriate license fee under ORS
807.370 for the class of license sought must be paid.
     (e) The Student Driver Training Fund
eligibility fee must be paid.
     (f) If the application is for a commercial
driver license, the person must be the holder of a Class C license or any
higher class of license.
     (g) If the application is for a commercial
driver license, the person must submit to the department, in a form approved by
the department, the report of a medical examination that establishes, to the
satisfaction of the department, that the person meets the medical requirements
for the particular class of license. The department, by rule, shall establish medical
requirements for purposes of this paragraph. The medical requirements
established under this paragraph may include any requirements the department
determines are necessary for the safe operation of vehicles permitted to be
operated under the class of license for which the requirements are established.
     (h) If the application is for a commercial
driver license, the person must:
     (A) Have at least one year’s driving
experience;
     (B) Not be disqualified from holding a
commercial driver license under ORS 809.404; and
     (C) Not be otherwise ineligible to hold a
commercial driver license.
     (2) The department shall work with other
agencies and organizations to attempt to improve the issuance system for driver
licenses.
     807.045
Issuance of commercial license to person who holds out-of-state commercial
license. (1) In order to be
authorized to drive a commercial motor vehicle in this state, a person who
holds a commercial driver license issued by a jurisdiction other than
     (a) Apply to the Department of
Transportation for an
     (b) Certify to the department that the
personÂ’s current commercial driver license is not subject to any
disqualification, suspension, revocation or cancellation and that the person
does not have a commercial driver license from more than one jurisdiction; and
     (c) Surrender any commercial driver
license issued to the person by another jurisdiction.
     (2) The department shall issue a
commercial driver license to a person who complies with subsection (1) of this
section if the department determines that the person is all of the following:
     (a) Eligible for a commercial driver
license. In order to determine eligibility under this paragraph, the department
may require from the person any additional information that the department
determines necessary and may require the person to pass any examinations, tests
or demonstrations that the department determines necessary.
     (b) Not disqualified from holding a commercial
driver license under ORS 809.404.
     (c) Not otherwise ineligible for a
commercial driver license.
     (3) For purposes of this section, a person
is domiciled in this state if the person meets the criteria described in ORS
803.355. [1989 c.636 §14; 2005 c.649 §16]
     807.050
Application. An application
for a license shall be in a form approved by the Oregon Department of
Transportation. An application must contain all the following:
     (1) The applicant’s true name, age, sex,
residence address, except as otherwise provided for corrections officers in ORS
802.253, eligible employees in ORS 802.250 or Address Confidentiality Program
participants in ORS 192.846, and post-office address other than general
delivery. The department may provide by rule for acceptance of something other
than an actual residence or post-office address if the department determines
that the applicant does not have an actual address. The department shall
require proof to verify the address in addition to anything else the department
may require of the applicant.
     (2) Whether or not the applicant has ever
been issued any driver license or driver permit. If the applicant has been
issued any license or driver permit:
     (a) When the license or driver permit was
granted;
     (b) What jurisdiction granted the license
or driver permit;
     (c) Whether or not the driving privileges
under the license or driver permit are currently suspended or revoked; and
     (d) If the driving privileges are revoked
or suspended, the date and reason for the suspension or revocation.
     (3) The class of license sought.
     (4) The Social Security number of the
applicant or other number or identifying information determined appropriate by
the Secretary of the United States Department of Transportation, if the
application is for a commercial driver license or if the Oregon Department of
Transportation by rule requires the Social Security number on the application.
     (5) Any other information the department
deems necessary to assist the department in determining whether the applicant
is qualified or eligible to be licensed. [1983 c.338 §302; 1985 c.16 §125; 1985
c.563 §5; 1985 c.597 §7; 1985 c.608 §15; 1989 c.636 §17; 1991 c.67 §216; 1991
c.523 §5; 1993 c.751 §35; 2005 c.292 §6; 2007 c.542 §7]
     807.060
Eligibility. The Department
of Transportation may not grant driving privileges to a person under a license
if the person is not eligible under this section. The following are not
eligible for a license:
     (1) A person under 16 years of age.
     (2)(a) A person under 18 years of age who
is not an emancipated minor unless the application of the person is signed by
the personÂ’s mother, father or legal guardian. A person who signs an
application under this paragraph may have the driving privileges canceled as
provided under ORS 809.320.
     (b) A person under 18 years of age who
does not meet the requirements of ORS 807.065.
     (3) Notwithstanding subsection (2) of this
section, a person under 18 years of age is not eligible for a commercial driver
license.
     (4) A person that the department
determines has a problem condition involving alcohol, inhalants or controlled
substances as described under ORS 813.040.
     (5) A person the department reasonably
believes has a mental or physical condition or impairment that affects the
personÂ’s ability to safely operate a motor vehicle upon the highways.
     (6) A person the department reasonably
believes is unable to understand highway signs that warn, regulate or direct
traffic.
     (7) A person who is required to make
future responsibility filings but has not made filings as required.
     (8) A person who cannot be issued a
license under the Driver License Compact under ORS 802.540.
     (9) A person who is not subject to the
Driver License Compact under ORS 802.540 but whose driving privileges are
currently under suspension or revocation in any other state upon grounds which,
if committed in this state, would be grounds for the suspension or revocation
of the driving privileges of the person.
     (10) A person who has been declared a
habitual offender under ORS 809.640. A person declared not eligible to be
licensed under this subsection may become eligible by having eligibility
restored under ORS 809.640.
     (11) A person whose driving privileges are
canceled in this state under ORS 809.310 until the person is eligible under ORS
809.310.
     (12) A person while the person’s driving
privileges are revoked in this state.
     (13) A person during a period when the
personÂ’s driving privileges are suspended in this state.
     (14) A person who holds a current
out-of-state license or driver permit or a valid
     (15) A person who has not complied with
the requirements and responsibilities created by citation for or conviction of
a traffic offense in another jurisdiction if an agreement under ORS 802.530
authorizes the department to withhold issuance of a license. [1983 c.338 §303;
1985 c.16 §126; 1985 c.396 §7; 1985 c.597 §8; 1985 c.608 §16; 1985 c.669 §8;
1987 c.137 §2; 1989 c.224 §137; 1989 c.636 §18; 1989 c.715 §5; 1991 c.702 §22;
1991 c.802 §1; 1993 c.751 §36; 1999 c.328 §5; 1999 c.619 §5; 2001 c.176 §3;
2005 c.140 §1; 2005 c.143 §1]
     807.062
Domicile or residency requirement for driver license. (1) Unless otherwise specifically provided
by law, in order to be eligible for a driver license or permit issued by this
state a person must be domiciled in or resident of this state.
     (2) Unless otherwise specifically provided
by law, a person who is a resident of this state may not operate a motor
vehicle in this state unless the person receives a driver license or permit
from the Department of Transportation.
     (3) For purposes of this section, “domicile”
has the meaning given in ORS 803.355.
     (4) For purposes of this section, a person
is a resident of this state if the person engages in any gainful employment in
this state or takes any action to indicate the acquiring of residence in this
state. Action to acquire residence includes, but is not limited to, doing any
of the following:
     (a) Remaining in this state for a
consecutive period of six months or more regardless of the domicile of the
person.
     (b) Placing children in a public school
without payment of nonresident tuition fees.
     (c) 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.
     (5) Notwithstanding subsection (4) of this
section, 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. This section applies, but is not limited to, a student at an
educational institution maintained by public funds who is paying nonresident
tuition rates. [1993 c.751 §33]
     807.065
Additional eligibility requirements for persons under 18 years of age; provisional
driver license. (1) The
Department of Transportation may not issue a driver license to a person who is
under 18 years of age unless the person:
     (a) Complies with the requirements of ORS
807.040 and 807.066;
     (b) Passes an examination designed to test
the personÂ’s knowledge and understanding of safe driving practices, in addition
to any examination required under ORS 807.070;
     (c) Has had, for at least six months prior
to application for the license, an instruction driver permit issued under ORS
807.280 or the equivalent of an instruction driver permit issued by another
state of the United States or by the District of Columbia;
     (d) Certifies to the department that the
person has had at least 50 hours of driving experience during which the person
was supervised by a person at least 21 years of age who has had a valid driver
license for at least three years; and
     (e) Completes a traffic safety education
course that meets standards developed by the department under ORS 802.345. In
lieu of completion of a traffic safety education course, a person may certify
to the department that the person has had at least 50 hours of driving
experience during which the person was supervised by a person at least 21 years
of age who has had a valid driver license for at least three years, in addition
to the 50 hours required by paragraph (d) of this subsection.
     (2) A person under 18 years of age need
not comply with the requirements of subsection (1)(c), (d) and (e) of this
section if the person has been issued a driver license by another state and
surrenders that license in order to get an Oregon license.
     (3) If the person takes but does not pass
a test that consists of an actual demonstration of driving ability under ORS
807.070, the department may not allow the person to perform the demonstration
again until the person has had an instruction permit issued pursuant to ORS
807.280 for a period of not less than one month.
     (4) A driver license issued pursuant to
this section shall be a provisional driver license.
     (5) The department shall prominently
identify each driver license issued pursuant to this section as a provisional
driver license. [1989 c.715 §2; 1993 c.751 §37; 1999 c.328 §1; 1999 c.789 §5;
2001 c.176 §4; 2003 c.92 §1]
     807.066
School requirements for persons under 18 years of age. The Department of Transportation shall not
issue driving privileges to a person who is under 18 years of age unless the
person:
     (1) Has graduated from high school and
provides the department with proof of graduation satisfactory to the
department;
     (2) Has received a General Educational
Development (GED) certificate from a community college and provides the
department with proof of the certificate satisfactory to the department;
     (3) Provides the department with a form
provided by the department and signed by the principal, or the designee of the
principal, of the secondary school attended by the person that declares that
the person is enrolled in a secondary school of this state or any other state;
     (4) Provides the department with a form
provided by the department and signed by the authorized representative of the
community college attended by the person that declares that the person is
making satisfactory progress toward a General Educational Development (GED)
certificate;
     (5) Provides the department with a form
provided by the department and signed by the authorized representative of the
community college attended by the person that declares that the person is
making satisfactory progress toward a high school diploma;
     (6) Provides the department with a form
provided by the department and signed by the authorized representative of the
education service district or school district having jurisdiction over the area
of the personÂ’s residence that declares that the person is being taught by a
private teacher or parent in compliance with ORS 339.035;
     (7) Provides the department with
documentation satisfactory to the department that indicates that the person is
exempted from school attendance requirements due to circumstances beyond the
control of the person; or
     (8) Provides the department with
documentation satisfactory to the department that the person is exempt under
ORS 339.030 (2) from the requirement to attend school. [1999 c.789 §2]
     807.070
Examinations. The Department
of Transportation shall administer an examination to establish qualification
for each class of license and endorsement. The examination for each class of
license or endorsement shall include all of the following as described:
     (1) A test of the applicant’s eyesight.
This subsection does not apply to an applicant with a limited vision condition
as defined in ORS 807.355.
     (2) A test of the applicant’s knowledge
and understanding of the traffic laws of this state, safe driving practices and
factors that cause accidents. The following all apply to the test under this
subsection:
     (a) The test shall not cover any subject
that is not presented in the publications of the department intended for the
instruction of applicants for licenses and driver permits.
     (b) The test for each class of license and
endorsement shall include, but is not limited to, a test of knowledge and
understanding of traffic laws that relate specifically to the type of driving
privileges granted under the specific class of license or endorsement sought.
     (c) The test under this subsection shall
include, but is not limited to, the following subjects:
     (A) Rights of pedestrians who are blind.
     (B) The meaning of official traffic signs
and signals.
     (C) Proper operating procedure in
emergency situations.
     (D) Vehicle safety equipment and its use.
     (E) Practices necessary for safe operation
of a vehicle around pedestrians and bicyclists.
     (d) The test may include a question
regarding fuel efficient driving techniques.
     (e) The department may waive the test
under circumstances described in ORS 807.072.
     (3) A test that is an actual demonstration
of the applicantÂ’s ability to operate a motor vehicle without endangering the
safety of persons or property. The following apply to this subsection:
     (a) The actual demonstration for each
class of license shall be performed in a vehicle that may be operated under the
class of license sought, but that may not be operated under lower classes of
license.
     (b) An actual demonstration for a
passenger endorsement shall be performed in a vehicle that is designed to
transport 16 or more persons, including the driver.
     (c) An actual demonstration for a school
bus endorsement shall be performed in a school bus.
     (d) The department may waive the
demonstration under circumstances described in ORS 807.072.
     (4) Any other examination or test,
including demonstrations, that the department determines may be necessary to
assist the department in establishing whether the applicant is eligible for a
license under ORS 807.060 or whether the applicant is fit to operate a motor
vehicle safely on the highways of this state. In any examination or test under
this subsection, the department shall only conduct an investigation for facts
relating directly to the ability of the applicant to operate a motor vehicle
safely or other facts that are specifically required to show the fitness of the
applicant for license. [1983 c.338 §304; 1985 c.608 §17; 1989 c.636 §19; 1993
c.309 §1; 1997 c.83 §2; 1999 c.1051 §87; 2001 c.410 §1; 2003 c.14 §472; 2003
c.277 §§6,10; 2005 c.649 §§5,6; 2007 c.70 §§326,327; 2007 c.588 §3; 2007 c.677 §§1,2]
     807.072
Waiver of certain examinations, tests and demonstrations; rules. (1) The Department of Transportation, by
rule, may waive any examination, test or demonstration required under ORS
807.065 (1)(b) or 807.070 (2) or (3) if the department receives satisfactory
proof that the person required to take the examination, test or demonstration
has passed an examination, test or demonstration approved by the department
that:
     (a) Is given in conjunction with a traffic
safety education course certified by the department under ORS 802.345;
     (b) Is given in conjunction with a
motorcycle rider education course established under ORS 802.320;
     (c) Is given in conjunction with a course
conducted by a commercial driver training school certified by the department
under ORS 822.515; or
     (d) Is given in conjunction with an
application for a special limited vision condition learnerÂ’s permit under ORS
807.359.
     (2) The department, by rule, may waive the
actual demonstration required under ORS 807.070 (3) for a person who is
applying for a commercial driver license or a Class C license if the person
holds a valid out-of-state license or applies for an
     (3) The department may waive the actual
demonstration required under ORS 807.070 for a person who is applying for a
commercial driver license or for an endorsement related to a commercial driver
license if the person submits to the department a certificate of competency
issued under ORS 807.080 for the class of license or for the endorsement sought
or under other circumstances, established by the department by rule, that
establish the personÂ’s ability to drive without an actual demonstration.
     (4) The department may issue a Class A
farm endorsement without requiring additional tests to a person who has a Class
C driver license if a farm employer or a self-employed farmer certifies to the
department that the person is experienced in driving a vehicle that may be
driven only by persons who have a Class A commercial driver license and the personÂ’s
two-part driving record does not show either a traffic accident within two
years of the date of application for the endorsement or a conviction for one of
the following traffic crimes within five years of the date of application for
the endorsement:
     (a) Reckless driving, as defined in ORS
811.140.
     (b) Driving while under the influence of
intoxicants, as defined in ORS 813.010.
     (c) Failure to perform the duties of a
driver involved in an accident or collision, as described in ORS 811.700 or
811.705.
     (d) Criminal driving while suspended or
revoked, as defined in ORS 811.182.
     (e) Fleeing or attempting to elude a
police officer, as defined in ORS 811.540.
     (5) The department may issue a Class B
farm endorsement without requiring additional tests to a person who has a Class
C driver license if a farm employer or a self-employed farmer certifies to the
department that the person is experienced in driving a vehicle that may be
driven only by persons who have a Class B commercial driver license and the personÂ’s
two-part driving record does not show either a conviction for a traffic crime
specified in subsection (4) of this section within five years of the date of
application for the endorsement or a traffic accident within two years of the
date of application for the endorsement.
     (6) The department by rule may establish
other circumstances under which a farm endorsement may be issued without an
actual demonstration. The authority granted by this subsection includes, but is
not limited to, authority to adopt rules specifying circumstances under which
the endorsement may be granted to a person despite the appearance of traffic
accidents on the person’s record. [2001 c.410 §3; 2003 c.14 §473; 2003 c.277 §§7,11;
2005 c.649 §§7,8; 2007 c.588 §4]
     807.080
Driver competency testing certificates; waiver of demonstration test for persons
certified; rules; fees. (1)
The Department of Transportation, by rule, shall provide for the following in a
manner consistent with this section:
     (a) The issuance of driver competency
testing certificates.
     (b) The regulation of persons issued
driver competency testing certificates.
     (2) A person issued a driver competency
testing certificate under this section may certify, in a manner established by
the department, the competency of drivers to safely exercise driving privileges
granted only under one or more of the following:
     (a) A Class A commercial driver license.
     (b) A Class B commercial driver license.
     (c) A Class C commercial driver license.
     (d) An endorsement related to a commercial
driver license.
     (3) The department may waive an actual
demonstration of ability to operate a motor vehicle under ORS 807.070 for an
applicant who is certified by the holder of a driver competency testing
certificate as competent to exercise the driving privileges in the class of
license or in the endorsement sought by the applicant.
     (4) The rules adopted by the department
under this section may establish reasonable fees for the issuance of a
certificate or as part of any program of regulating certificate holders that is
established by the department.
     (5) When adopting rules under this
section, the department may:
     (a) Make the certificate renewable upon
any basis determined convenient by the department and may include provisions
for cancellation, revocation or suspension of certificates or for probation of
certificate holders.
     (b) Provide for the issuance of
certifications allowing the holder to certify competency in several classes or
types of driving privileges or limiting the classes or types of driving
privileges for which the holder may certify competency.
     (c) Establish the forms of certificates to
be issued.
     (d) Establish and require forms that are
to be used by certificate holders in certifying competency.
     (e) Establish any qualifications or
requirements for obtaining a certificate that the department determines
necessary to protect the interests of persons seeking certification by
certificate holders.
     (f) Issue certificates to publicly owned
and operated educational facilities to allow programs for certification of
competency.
     (g) Issue certificates to employers to
allow the employers to establish programs primarily for the certification of
employeesÂ’ competency. The department may provide that programs established
under this paragraph may be operated without driver training school
certificates under ORS 822.500 and without driver training instructor
certificates under ORS 822.525.
     (h) Establish any other provisions or
requirements necessary to carry out the purposes of this section. [1985 c.608 §36;
1989 c.636 §20; 2005 c.649 §9]
     807.090
Establishing eligibility notwithstanding mental or physical condition or
impairment. (1) If the
Department of Transportation determines that a person may be ineligible for a
license because the person has a mental or physical condition or impairment
that affects the personÂ’s ability to safely operate a motor vehicle, the person
may establish eligibility for a license:
     (a) By personally demonstrating to the
satisfaction of the department that, notwithstanding the mental or physical
condition or impairment, the person is qualified to safely operate a motor
vehicle; or
     (b) If the department reasonably believes
that, notwithstanding the demonstration under paragraph (a) of this subsection,
the personÂ’s mental or physical condition or impairment affects the personÂ’s
ability to safely operate a motor vehicle, by receiving a determination of
eligibility from the medical determination officer of the department under this
section.
     (2) The medical determination officer
shall determine that a person is eligible for a license under this section if
an applicant establishes to the satisfaction of the officer that the personÂ’s
mental or physical condition or impairment does not affect the personÂ’s ability
to safely operate a motor vehicle. The medical determination officer shall use
the following to determine the personÂ’s eligibility under this subsection:
     (a) A report from the person’s physician,
nurse practitioner or physician assistant of the personÂ’s condition or
impairment.
     (b) If the person’s condition or
impairment apparently involves only visual deficiencies, the department may
require a person to submit a report from a licensed optometrist or a licensed
physician who specializes in diagnosis and treatment of diseases of the eye.
     (c) The medical determination officer may
require an examination and a written report of findings and recommendations
from a qualified physician, nurse practitioner or physician assistant
identified by the officer in addition to other reports submitted.
     (3) If a person establishes eligibility
for a license under this section by receiving a determination of eligibility,
the department may require the person to reestablish eligibility at reasonable
intervals. The frequency of reestablishing eligibility under this subsection
shall be established by the medical determination officer after reviewing any
recommendations from the physician, nurse practitioner or physician assistant
of the person required to reestablish eligibility.
     (4) The department may employ any
qualified physician, nurse practitioner or physician assistant who holds an
unrestricted license in the State of
     (5) As used in this section, “physician”
means a person who holds a degree of Doctor of Medicine or Doctor of Osteopathy
and is licensed under ORS chapter 677 and a person who holds a degree of Doctor
of Naturopathic Medicine and is licensed under ORS chapter 685. [1983 c.338 §305;
1989 c.224 §138; 1993 c.309 §2; 1999 c.770 §1; 2005 c.140 §2; 2007 c.195 §1;
2007 c.434 §2]
     807.100
Medical certificates; when required. A vehicle that may be operated only by the holder of a commercial
driver license may be operated only when a medical certificate approved by the
Department of Transportation is in the licenseeÂ’s immediate possession and has
been issued within two years prior to the date of operation of the vehicle. The
holder of a commercial driver license who does not have a medical certificate
required by this section may exercise driving privileges granted by a Class C
license. [1985 c.608 §8a; 1989 c.636 §21]
     807.110
Contents of license. (1) A
license issued by the Department of Transportation shall contain all of the
following:
     (a) The distinguishing number assigned to
the person issued the license by the department.
     (b) For the purpose of identification, a
brief description of the person to whom the license is issued.
     (c) The name, the date of birth and,
except as provided for corrections officers in ORS 802.253, eligible employees
in ORS 802.250 or Address Confidentiality Program participants in ORS 192.846,
the residence address of the person to whom the license is issued and a space
for the personÂ’s signature.
     (d) Upon request of the person to whom the
license is issued, the fact that the person is an anatomical donor.
     (e) Upon order of the juvenile court, the
fact that the person to whom the license is issued is an emancipated minor.
     (f) Except as otherwise provided in this
paragraph, a photograph described in this paragraph. The Director of
Transportation, by rule, may provide for issuance of a valid license without a
photograph if the applicant shows good cause. The director shall include
religious preferences as good cause for issuance of a license without a
photograph but shall not limit good cause to religious grounds. A photograph
required under this paragraph shall:
     (A) Be a full-faced, color photograph of
the person to whom the license is issued;
     (B) Be of a size approved by the
department; and
     (C) Be taken at the time of application
for issuance of the license whether the application is for an original license,
replacement of a license under ORS 807.160 or for renewal of a license under
ORS 807.150.
     (g) The class of license issued and any
endorsements granted. If the license is a commercial driver license, the words “commercial
driver license” or the letters “CDL” shall appear on the license.
     (2) A license is not valid until signed by
the person to whom it is issued.
     (3) The department shall use security
procedures, processes and materials in the preparation, manufacture and
issuance of any license that prohibit as nearly as possible anyoneÂ’s ability to
alter, counterfeit, duplicate or modify the license without ready detection.
The security features used in the production of the licenses shall provide for:
     (a) The authentication of a genuine
document in a reasonable time; and
     (b) The production of the license only by
equipment that requires verification of the identity of the operator of the
equipment before a license may be produced. [1983 c.338 §306; 1985 c.16 §127;
1985 c.563 §6; 1985 c.608 §18; 1989 c.636 §22; 1991 c.67 §217; 1991 c.523 §6;
1993 c.751 §39; 2003 c.14 §474; 2005 c.292 §7; 2005 c.775 §7; 2007 c.542 §§5,6]
     Note: The amendments to 807.110 by section 7,
chapter 775,
     807.110. A license issued by the Department of
Transportation shall comply with all of the following:
     (1) A license shall bear the
distinguishing number assigned to the person issued the license by the
department.
     (2) A license shall contain, for the
purpose of identification, a brief description of the person to whom the
license is issued.
     (3) A license shall contain the name, the
date of birth and, except as provided for corrections officers in ORS 802.253,
eligible employees in ORS 802.250 or Address Confidentiality Program
participants in ORS 192.846, the residence address of the person to whom the
license is issued and a space for the personÂ’s signature.
     (4) Upon request of the person to whom the
license is issued, a license shall indicate on the license the fact that the
person is an anatomical donor.
     (5) Upon order of the juvenile court, a
license shall indicate on the license the fact that the person to whom the
license is issued is an emancipated minor.
     (6) Except as otherwise provided in this
subsection, a license shall bear a photograph described in this subsection. The
Director of Transportation, by rule, may provide for issuance of a valid
license without a photograph if the applicant shows good cause. The director
shall include religious preferences as good cause for issuance of a license
without a photograph but shall not limit good cause to religious grounds. A
photograph required under this subsection shall:
     (a) Be a full-faced, color photograph of
the person to whom the license is issued;
     (b) Be of a size approved by the
department; and
     (c) Be taken at the time of application
for issuance of the license whether the application is for an original license,
replacement of a license under ORS 807.160 or for renewal of a license under
ORS 807.150.
     (7) A license is not valid until signed by
the person to whom it is issued.
     (8) A license shall indicate the class of
license issued and any endorsements granted. If the license is a commercial
driver license, the words “commercial driver license” or the letters “CDL”
shall appear on the license.
     (9) The department shall use such security
procedures, processes and materials in the preparation, manufacture and
issuance of any license that prohibit as nearly as possible anyoneÂ’s ability to
alter, counterfeit, duplicate or modify the license without ready detection.
The security features used in the production of the licenses shall provide for
the rapid authentication of a genuine document.
     Note: Sections 12 and 14, chapter 775, Oregon Laws
2005, provide:
     Sec.
12. Notwithstanding any
provision of the Public Contracting Code, the Department of Transportation may,
without competitive sealed bidding, competitive sealed proposals or other
competition required in ORS 279B.050 to 279B.085, extend or amend any contract
related to the security procedures, processes and materials used in the
preparation, manufacture and issuance of driver licenses, driver permits and
identification cards provided that:
     (1) The extended or amended contract is
financially prudent; and
     (2) The contract is not extended or
amended beyond July 1, 2013. [2005 c.775 §12]
     Sec.
14. Section 12 of this 2005
Act is repealed on July 1, 2013. [2005 c.775 §14]
     807.115
Duplicate images of photographs. The Department of Transportation shall retain a duplicate image of
each photograph used on a driver license under the provisions of ORS 807.110 or
an identification card under ORS 807.400. The duplicates may not be made available
to anyone other than law enforcement officials and employees of the department
acting in an official capacity. [1989 c.902 §2]
     807.120
Restrictions generally. (1)
The Department of Transportation may place restrictions on driving privileges
granted a person if the department determines that there is good cause to
restrict the driving privileges of the person in order to insure the safe
operation of a motor vehicle by the person.
     (2) Restrictions placed on a license by
the department under this section shall be suitable to the driving ability of
the person whose driving privileges are restricted. The restrictions may
include:
     (a) Restrictions on the type of motor
vehicle the person may operate;
     (b) Requirements for special mechanical
control devices on motor vehicles operated by the person; or
     (c) Any other restrictions the department
determines appropriate to insure the safe operation of a motor vehicle by the
person.
     (3) The department shall place a
restriction on the commercial driver license of a person who performs the skill
demonstration required under ORS 807.070 for issuance of a commercial license
in a vehicle that is not equipped with air brakes. A restriction imposed under
this subsection prohibits the person from operating commercial motor vehicles
equipped with air brakes.
     (4) The department may impose restrictions
under this section by setting forth the restrictions on the regular license
form or by issuing a special form for licenses with restrictions.
     (5) The department shall place
restrictions on driving privileges under this section when ordered by a court
under ORS 809.210 or 809.270. Any restriction imposed under this subsection
shall be made a part of the personÂ’s driving record and shall remain in effect
until the court notifies the department in writing that the restrictions are
removed.
     (6) The department may impose restrictions
under this section on driving privileges that are restored after having been
suspended or revoked. The restrictions imposed under this subsection may
include any restrictions that have been recommended by a convicting magistrate.
     (7) The use of the term “restrictions” in
this section includes any restrictions, conditions or requirements.
     (8) Violation of any restrictions placed
on driving privileges under this section is punishable as provided under ORS
807.010. [1983 c.338 §307; 1985 c.16 §128; 1989 c.636 §23]
     807.122
Restrictions on operation with provisional driver license. (1) The Department of Transportation shall
place the following restrictions on a provisional driver license issued under
ORS 807.065:
     (a) Except as provided in subsections (2)
and (3) of this section, for the first six months after issuance of the
license, the holder of the license may not operate a motor vehicle that is carrying
a passenger under 20 years of age who is not a member of the holderÂ’s immediate
family. For the second six months, the holder of the license may not operate a
motor vehicle that is carrying more than three passengers who are under 20
years of age and who are not members of the holderÂ’s immediate family.
     (b) For the first year after issuance of
the license, the holder of the license may not operate a motor vehicle between
the hours of 12 midnight and 5 a.m. except when:
     (A) The holder is driving between the
holderÂ’s home and place of employment;
     (B) The holder is driving between the
holderÂ’s home and a school event for which no other transportation is
available;
     (C) The holder is driving for employment
purposes; or
     (D) The holder is accompanied by a
licensed driver who is at least 25 years of age.
     (2) Subsection (1)(a) of this section does
not apply to the holder of a provisional driver license who:
     (a) Is employed by a farmer, rancher or
orchardist;
     (b) Is operating, solely for employment
purposes, a motor vehicle that is owned by the employer and for which financial
responsibility requirements of ORS 806.060 have been met;
     (c) Is transporting passengers who are
employed by the same employer as the driver and who are being transported
solely for employment purposes;
     (d) Is not transporting more passengers
than the number of available seat belts; and
     (e) Has in the vehicle a written statement
signed by the employer certifying that the driver is employed by the employer
and that there is no other option for transporting the employees.
     (3) Subsection (1)(a) of this section does
not apply to the holder of a provisional driver license who is 16 or 17 years
of age and who is operating a motor vehicle with:
     (a) An instructor in the vehicle as part
of a certified traffic safety education course; or
     (b) A person in the vehicle who has valid
driving privileges and who is the parent or stepparent of the holder of the
license. [1999 c.328 §3; 2001 c.410 §6; 2001 c.608 §1; 2003 c.14 §475; 2003
c.767 §1]
     807.130
Expiration. (1) Except as
otherwise provided in this section, a license that is issued as an original
license and not as a license that is renewed expires on the anniversary of the
licenseeÂ’s birthday in the eighth calendar year after the year of issuance.
     (2) A license that is renewed under ORS
807.150 expires eight years from the specified expiration date of the
immediately preceding license.
     (3) A license that has expired does not
grant driving privileges and is not valid evidence of driving privileges. [1983
c.338 §308; 1985 c.16 §129; 1999 c.91 §1]
     Note: Sections 9 and 10, chapter 91, Oregon Laws
1999, provide:
     Sec.
9. The Department of
Transportation may adopt any rules the department determines necessary for an
orderly transition to an eight-year cycle for issuing and renewing driver
licenses, disability golf cart driver permits, identification cards and
disabled person parking permits. The rules may include but need not be limited
to:
     (1) Provisions for issuing one four-year
renewal when a person who holds a valid license, card or permit on October 23,
1999, is authorized to renew the license, card or permit by mail.
     (2) Provisions for charging the renewal
fees in effect just prior to October 23, 1999, for a person who is authorized to
renew a license, card or permit for a four-year period under the rules.
     (3) Provisions for issuing a replacement
license or driver permit that expires eight years after the date it is issued.
[1999 c.91 §9; 2005 c.59 §11]
     Sec.
10. Section 9 of this 1999
Act is repealed on December 31, 2008. [1999 c.91 §10]
     807.135
Expiration of license held by
     (2) The court shall dismiss the charge of
vehicle operating without driving privileges under ORS 807.010 if, when
charged, a member of the Oregon National Guard or a military reservist held a
valid license pursuant to subsection (1) of this section. [2005 c.257 §2]
     807.140
Notice prior to expiration; exceptions; effect of failure to notify; records. (1) Before the expiration of any license or
a license with an endorsement under the vehicle code, the Department of
Transportation shall notify the person to whom the license was issued of the
approaching expiration. Within a reasonable time prior to the expiration date,
the notice shall be mailed to the person to whom the license was issued at the
address shown in the files maintained by the department.
     (2) The department is not required to
notify the person of an approaching expiration if the personÂ’s license has been
suspended, canceled or revoked or if the person has failed to notify the
department of a change of address as required under ORS 807.560.
     (3) Failure to receive a notice of
expiration from the department is not a defense to a charge of driving with an
expired license. However, the court may dismiss the charge if the person renews
the license before the scheduled court appearance.
     (4) The department responsibility to maintain
records concerning notice under this section is as provided under ORS 802.210. [1983
c.338 §309; 1985 c.16 §130; 1985 c.597 §9; 1993 c.751 §41; 2003 c.14 §476]
     807.150
Renewal. (1) When a license
expires or is about to expire, the Department of Transportation shall renew the
license under this section if the holder of the license qualifies for renewal
of the license under this section and:
     (a) Applies for renewal within one year of
the expiration of a similar license under ORS 807.130; or
     (b) Applies for issuance of a license
within six months after the applicant is discharged from the Armed Forces of
the
     (2) To qualify for renewal of a license
under this section, a person must meet all of the requirements under ORS
807.040 for the class of license sought to be renewed, except that the
department may waive the examination under ORS 807.070 of a person applying for
renewal of a license unless the department has reason to believe that the
applicant is not qualified to hold the license or unless the applicant for
renewal has not previously been examined.
     (3) To receive a renewal under this
section, the license renewal fee and the Student Driver Training Fund
eligibility fee under ORS 807.370 must be paid.
     (4) If a person who applies for a renewal
under this section is not qualified to renew the class of license sought to be
renewed, the department may issue the person any lower class of license for
which the person qualifies in lieu of renewing the personÂ’s license for the
class of license held by the person.
     (5) A license that is renewed under this
section may be used on or after the date of issuance. If the department issues
a license renewal to a person under this section before the expiration of the
license being renewed, the older license is invalid. A license that becomes
invalid under this subsection shall be destroyed by the person to whom it was
issued.
     (6) If the address of the applicant has
changed since the last time a license was issued to or renewed for the
applicant, the department shall require proof to verify the address of an
applicant for renewal of a license in addition to anything else the department
may require of the applicant. [1983 c.338 §310; 1985 c.16 §131; 1985 c.597 §10;
1985 c.608 §19; 1991 c.709 §2; 1993 c.751 §42; 2001 c.668 §9]
     807.160
Replacement license or permit; rules; fees. (1) The Department of Transportation shall establish by rule the
reasons for issuing a replacement driver license or driver permit to a person
who submits an application for the replacement. The reasons for replacement
shall include, but are not limited to, situations when the person:
     (a) Furnishes proof satisfactory to the
department of the loss, destruction or mutilation of the personÂ’s driver
license or driver permit.
     (b) Changes residence address from the
address noted on the personÂ’s driver license or driver permit.
     (c) Is a corrections officer or an
eligible employee who has requested, in accordance with ORS 802.250 or 802.253,
that department records show the address of the personÂ’s employer.
     (d) Changes names from the name noted on
the personÂ’s driver license or driver permit.
     (e) Is applying or is required to add or
remove a restriction on the driver license or driver permit.
     (f) Is applying or is required to add or
remove an endorsement other than a motorcycle endorsement on the driver license
or driver permit.
     (g) Furnishes proof satisfactory to the
department or the department determines that the department made an error when
issuing a driver license or driver permit.
     (h) Furnishes proof satisfactory to the
department that, for a reason identified by the department by rule, the person
needs a replacement driver license or driver permit that bears a different
distinguishing number from the license or permit being replaced.
     (2) Notwithstanding subsection (1)(b) of
this section, in lieu of issuing a replacement driver license or driver permit
upon a change in residence address of a person, the department may note the
change of residence address on the personÂ’s license or permit in a manner
determined by the department.
     (3) A replacement driver license or driver
permit issued under this section:
     (a) Shall bear the same distinguishing
number as the driver license or driver permit replaced unless the person
applying for the replacement furnishes proof as described in subsection (1)(h)
of this section.
     (b) Does not alter or extend the driving
privileges granted to the person under the old license or permit unless the
replacement license or permit was issued for the purpose of changing a
restriction or endorsement or for correcting an error involving driving
privileges.
     (4) Except for driver permits for which
the department does not charge an issuance fee, the department shall charge the
fee under ORS 807.370 for a replacement license or driver permit issued under
this section. The replacement fee is in addition to any endorsement or test fee
that may apply. The department may waive the replacement fee as provided under
ORS 807.390.
     (5) The driver license or driver permit
replaced under this section is invalid and shall be surrendered to the
department.
     (6) The department may not issue a
replacement driver license or driver permit under this section if:
     (a) The person making application is not
qualified to hold a license or permit at the time of application.
     (b) The driving privileges of the person
making application are suspended or revoked and have not been partially or
completely reinstated.
     (7) The department need not issue a
replacement driver license or driver permit to a person who has not complied
with the requirements and responsibilities created by citation for or
conviction of a traffic offense in another jurisdiction if an agreement under
ORS 802.530 authorizes the department to withhold issuance of a replacement
license or permit. [1983 c.338 §313; 1985 c.16 §133; 1985 c.174 §9; 1985 c.258 §4;
1985 c.396 §8; 1985 c.563 §7; 1985 c.597 §12a; 1985 c.669 §9; 1989 c.535 §1;
1991 c.67 §218; 1991 c.523 §7; 1991 c.702 §23; 1993 c.393 §2; 1993 c.751 §43;
2005 c.59 §1; 2005 c.241 §1a; 2005 c.292 §8a]
     807.162 [2001 c.789 §2; repealed by 2005 c.775 §15]
     Note: 807.162 is repealed July 1, 2008. See
section 15, chapter 775, Oregon Laws 2005. 807.162 (2005 Edition) is set forth
for the userÂ’s convenience.
     807.162.
Proof of identity for replacement license, permit or identification card;
exception. (1) Prior to
issuing a replacement identification card, driver permit or driver license to a
person who is applying in person, the Department of Transportation shall
require one of the following proofs of identity in addition to the proofs of
identity, age and residence required by rule:
     (a) An original or certified copy of a
birth certificate.
     (b) A photo identification card including
but not limited to a military or armed forces identification card, an alien
registration card, a passport or a valid state or Canadian identification card.
     (2) For the purposes of subsection (1) of
this section, “birth certificate” means a certificate issued by the State of
     (3) Subsection (1) of this section does
not apply if the Department of Transportation is able to verify the personÂ’s
identification through a duplicate image of a photograph retained by the
department under ORS 807.115.
(Endorsements)
     807.170
Requirements for issuance; fees; cancellation. (1) The Department of Transportation shall
provide for the granting of driver license endorsements in a manner consistent
with this section.
     (2) The department shall grant an
endorsement to any person who complies with all of the following requirements:
     (a) The person must hold a valid license
other than a restricted Class C license issued under the vehicle code.
     (b) The person must successfully complete
any tests and demonstrations referred to in ORS 807.070 that the department
determines necessary to determine whether the applicant is qualified for the
type of endorsement sought. The actual demonstration required under ORS
807.070, if any, must be performed in a vehicle that may be operated under the
endorsement sought but that may not be operated without the endorsement. Tests
shall include, but are not limited to, those tests necessary to determine
whether the applicant:
     (A) Has satisfactory knowledge of laws
relating to operation under the type of endorsement sought, defensive driving
skills, the common causes of accidents involving vehicles operated under the
type of endorsement sought; and
     (B) Can operate under the endorsement in a
manner that will not jeopardize the safety of persons or property.
     (c) The appropriate fee under ORS 807.370
for the endorsement, including the fee for the Motorcycle Safety Subaccount,
must be paid.
     (d) If the person is under 21 years of age
and an applicant for a motorcycle endorsement, the person must comply with ORS
807.175.
     (3) An endorsement granted under this
section is subject to the following:
     (a) It is part of the license upon which
it is endorsed and is subject to any provisions applicable to the endorsed
license under the statutes of this state.
     (b) It is valid only if the license
endorsed is valid.
     (c) The appropriate fee under ORS 807.370
must be paid upon renewal of the endorsement in addition to any fee for renewal
of the license endorsed.
     (d) Except as provided under ORS 807.350
or as specifically provided under ORS 809.419, an endorsement cannot be
canceled, suspended or revoked separately from the license endorsed. When an
endorsed license is canceled, suspended or revoked, all endorsements on the
license are subject to the same cancellation, suspension or revocation as the
license.
     (4) Before the department may renew any
license with a motorcycle endorsement, the applicant shall pay the department
the Motorcycle Safety Subaccount fee established under ORS 807.370 in addition
to any fee for renewal of the license. [1983 c.338 §312; 1985 c.16 §132; 1985
c.608 §20; 1989 c.427 §4; 1989 c.636 §24; 1997 c.292 §2; 2003 c.14 §477; 2003
c.402 §17]
     807.173
Additional requirements for hazardous materials endorsement; rules. (1) Notwithstanding ORS 807.170, the
Department of Transportation may not issue or renew a commercial driver license
with a hazardous materials endorsement and may cancel a commercial driver
license with a hazardous materials endorsement if a person:
     (a) Does not complete and pass a security
threat assessment from the federal Transportation Security Administration,
including receipt by the department of a notice from the federal Transportation
Security Administration showing that the person does not pose a security
threat. The department shall establish by rule the process and frequency for
obtaining a security threat assessment.
     (b) Is assessed as a security threat by
the federal Transportation Security Administration. The assessment must be
received by the department in the form of a notice from the federal
Transportation Security Administration.
     (2) A person is entitled to administrative
review under ORS 809.440 when the department does not issue or renew a
commercial driver license with a hazardous materials endorsement under this
section or cancels a commercial driver license with a hazardous materials
endorsement under this section.
     (3) To the extent possible, rules
promulgated by the department under this section should be uniform with any
applicable federal regulations related to the holding of a commercial driver license
with a hazardous materials endorsement. [2005 c.649 §33]
     Note: Section 34, chapter 649, Oregon Laws 2005,
provides:
     Sec.
34. Section 33 of this 2005
Act [807.173] applies to commercial driver licenses with hazardous materials
endorsements that are issued or renewed on or after the effective date of this
2005 Act [July 27, 2005]. [2005 c.649 §34]
     807.175
Motorcycle education course for persons under 21 years of age. The Department of Transportation may not
issue a motorcycle endorsement to any person who is under 21 years of age
unless the person shows to the satisfaction of the department that the person
has successfully completed a motorcycle rider education course established by
the department under ORS 802.320. This requirement is in addition to any other
requirement for the endorsement. [1989 c.427 §2; 1991 c.453 §13; 1993 c.288 §2;
1997 c.292 §3; 2003 c.14 §478]
(Permits)
     807.200
Types of permit. (1) The
following permits may be issued as restricted Class C licenses:
     (a) Disability golf cart driver permits
described under ORS 807.210.
     (b) Emergency driver permits described
under ORS 807.220.
     (c) Special student driver permits
described under ORS 807.230.
     (2) Hardship driver permits described
under ORS 807.240 and probationary driver permits described under ORS 807.270
may be issued as Class C licenses. Restrictions on the license are as provided
under ORS 807.240 and 807.270.
     (3) Instruction driver permits described
under ORS 807.280 may be issued for any class of commercial driver license and
for a Class C license. A person must have a Class C license before obtaining a
Class A commercial, Class B commercial or Class C commercial instruction driver
permit.
     (4) Motorcycle instruction driver permits
described under ORS 807.280 may be issued only to persons having a commercial
driver license or a Class C license. [1985 c.608 §8b; 1987 c.801 §2; 1989 c.636
§25; 2003 c.160 §1]
     807.210
Disability golf cart permit; fees. The Department of Transportation shall provide for issuance of disability
golf cart driver permits in a manner consistent with this section. A disability
golf cart driver permit grants the driving privileges provided in this section
or under the permit. Except as otherwise provided in this section, a disability
golf cart driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a Class C license. The following apply
to a disability golf cart driver permit:
     (1) The department shall issue a
disability golf cart driver permit only to persons with ambulatory
disabilities.
     (2) The department shall issue a
disability golf cart driver permit to an applicant who would not qualify for a
license because of the personÂ’s disability if the department determines that
the personÂ’s disability does not prevent the person from reasonable and
ordinary control of vehicles operated under the permit when operated as allowed
under the permit.
     (3) In addition to any other restrictions
placed on the permit by the department, the permit only grants driving
privileges for the operation of golf carts or substantially similar vehicles on
roads or streets in an area with a speed designation not greater than 25 miles
per hour.
     (4) The department may require an
applicant for the permit to demonstrate that the applicant is qualified to
safely exercise the driving privileges granted under a disability golf cart
driver permit notwithstanding the disability of the person.
     (5) The fees for issuance or renewal of a
disability golf cart driver permit are the disability golf cart driver permit
issuance or renewal fees established under ORS 807.370. This subsection only
affects the fees payable for issuance and renewal and is not an exemption from
payment of other fees payable at the time of issuance and renewal of a license.
     (6) A person with a disability golf cart
driver permit who commits the offense of violation of license restrictions
under ORS 807.010 by driving on a road or street in an area with a speed
designation greater than 25 miles per hour commits a Class D traffic violation.
[1983 c.338 §321; 1985 c.16 §139; 1985 c.608 §25; 1989 c.636 §26]
     807.220
Emergency driver permit; fees.
(1) The Department of Transportation shall provide for the issuance of
emergency driver permits in a manner consistent with this section.
     (2) Except as otherwise provided in this
section an emergency driver permit is subject to the fees, provisions,
conditions, prohibitions and penalties applicable to a Class C license.
     (3) The following apply to an emergency
driver permit:
     (a) The department may issue an emergency
driver permit to a person 14 years of age or older.
     (b) The department shall place
restrictions on the permit that designate the routes over which the permit is
valid. The department shall designate routes it determines necessary from the
facts creating the emergency.
     (c) The permit shall only be issued if the
department is satisfied that an emergency exists that requires operation of a
motor vehicle by the applicant.
     (d) The department may establish a form
for the permit that differs from the form required for a license.
     (e) The only fee required for issuance of
the permit is the emergency driver permit fee under ORS 807.370.
     (f) The department may establish a period
for the expiration of the permit that coincides with the end of the emergency
that is the basis for the permit.
     (g) The department shall cancel the permit
if the department determines that the holder of the permit has operated a motor
vehicle over any highway or for any purpose other than one approved under the
permit.
     (h) If an emergency driver permit is
canceled, the person issued the permit is ineligible to be issued another
emergency driver permit for a period of one year.
     (i) In addition to any other application
requirements for the emergency driver permit, the applicant must obtain the
endorsement on the application of the sheriff of the county in which the
applicant resides.
     (4) The department may issue an emergency
driver permit, if the person qualifies for the permit, to a person whose
driving privileges are suspended under ORS 809.280 because the department has
received an order of denial of driving privileges under ORS 809.260. In
addition to other emergencies, a situation that leaves the applicant with no
alternative means to travel to and from school is an emergency for purposes of
a permit issued under this subsection. [1983 c.338 §322; 1985 c.16 §140; 1985
c.174 §10; 1985 c.608 §26; 1987 c.262 §1; 1989 c.636 §27; 2001 c.410 §4; 2003
c.14 §479; 2005 c.59 §5]
     807.230
Special student driver permit; fees. The Department of Transportation shall provide for issuance of special
student driver permits in a manner consistent with this section. A special
student driver permit grants the driving privileges provided in this section or
under the permit. Except as otherwise provided in this section, a special
student driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a Class C license. The following apply
to a special student driver permit:
     (1) The department may issue a special
student driver permit to a person 14 years of age or older.
     (2) The department shall place
restrictions on the permit to limit operation of a vehicle under the permit to
operation necessary as a means of transportation to or from the school, college
or other educational institution attended by the person to whom the driver
permit is issued.
     (3) The permit shall only be issued if the
applicant has no other available means of transportation by which to continue
the applicantÂ’s education.
     (4) The permit shall only be issued if the
department is satisfied that the applicant has had sufficient experience in the
operation of motor vehicles to operate a motor vehicle without endangering the
safety of the public.
     (5) The department may establish a form
for the permit that differs from the form required for a license that is
issued.
     (6) The only fee required for issuance of
the permit is the special student driver permit fee under ORS 807.370.
     (7) The department shall cancel the permit
if the department determines that the holder of the permit has operated a motor
vehicle over any highway or for any purpose other than as approved under the
permit.
     (8) If a special student driver permit is
canceled, the person issued the permit is ineligible to be issued any license
or driver permit until the person is old enough to be eligible for a license.
     (9) In addition to any other application
requirements for the special student driver permit, the applicant must:
     (a) Certify that the applicant has no
other available means of transportation that would enable the applicant to
continue the applicantÂ’s education;
     (b) Specify the road or highway over which
the applicant desires to operate motor vehicles;
     (c) Obtain the endorsement of the sheriff
of the county in which the applicant resides and of the principal of the school
the applicant attends; and
     (d) Provide any other information required
by the department. [1983 c.338 §323; 1985 c.174 §11; 1985 c.597 §17a; 1985
c.608 §27; 1989 c.636 §28; 2003 c.14 §480; 2005 c.59 §6]
     807.240
Hardship permit; fees; rules.
The Department of Transportation shall provide for issuance of hardship driver
permits in a manner consistent with this section. A hardship driver permit
grants the driving privileges provided in this section or under the permit.
Except as otherwise provided in this section, a hardship driver permit is
subject to the fees, provisions, conditions, prohibitions and penalties
applicable to a license. The following apply to a hardship driver permit:
     (1) The department may only issue a permit
to a person whose driving privileges under the vehicle code have been
suspended.
     (2) Except as provided in ORS 813.520, the
department may reinstate the privilege to operate a motor vehicle of any person
whose license to operate a motor vehicle has been suspended by issuing the
person a hardship permit described under this section if such person qualifies
under this section, ORS 807.250, 807.252 and 813.500. However, the department
may not issue a hardship permit authorizing a person to drive a commercial
motor vehicle.
     (3) To qualify for a hardship permit, a
person must do all of the following in addition to any applicable provisions
under ORS 807.250, 807.252 and 813.500:
     (a) The person must submit to the department
an application for the permit that demonstrates the personÂ’s need for the
permit.
     (b) The person must present satisfactory
evidence, as determined by the department by rule:
     (A) That the person must operate a motor
vehicle as a requisite of the personÂ’s occupation or employment;
     (B) That the person must operate a motor
vehicle to seek employment or to get to or from a place of employment;
     (C) That the person must operate a motor
vehicle to get to or from an alcohol or drug treatment or rehabilitation
program;
     (D) That the person or a member of the
personÂ’s immediate family requires medical treatment on a regular basis and
that the person must operate a motor vehicle in order that the treatment may be
obtained; or
     (E) That the person’s driving privileges
are suspended for driving uninsured in violation of ORS 806.010 or for
violation of ORS 165.805 or 471.430 and are not suspended for any other reason
and that the person must operate a motor vehicle in order to provide necessary
services to the person or to a member of the personÂ’s family. The department
shall determine by rule what constitutes necessary services for purposes of
this subparagraph. The rule shall include as necessary services, but need not
be limited to, grocery shopping, driving the person or the personÂ’s children to
school, driving to medical appointments and caring for elderly family members.
     (c) If the person is applying for a permit
because the person or a member of the personÂ’s immediate family requires
medical treatment on a regular basis, the person must present, in addition to
any evidence required by the department under paragraph (b) of this subsection,
a statement signed by a licensed physician or certified nurse practitioner that
indicates that the person or a member of the personÂ’s immediate family requires
medical treatment on a regular basis.
     (d) The person must show that the person
is not incompetent to drive nor a habitual incompetent, reckless or criminally
negligent driver as established by the personÂ’s driving record in this or any
other jurisdiction.
     (e) The person must make a future
responsibility filing.
     (f) The person must submit any other
information the department may require for purposes of determining whether the
person qualifies under this section, ORS 807.250, 807.252, 813.500 and 813.520.
     (4) If the department finds that the
person meets the requirements of this section and any applicable requirements
under ORS 807.250, 807.252, 813.500 and 813.520, the department may issue the
person a hardship permit, valid for the duration of the suspension or for a
shorter period of time established by the department unless sooner suspended or
revoked under this section. If the department issues the permit for a period
shorter than the suspension period, renewal of the permit shall be on such
terms and conditions as the department may require. The permit:
     (a) Shall limit the holder to operation of
a motor vehicle only during specified times.
     (b) May bear other reasonable limitations
relating to the hardship permit or the operation of a motor vehicle that the
department deems proper or necessary. The limitations may include any
limitation, condition or requirement. Violation of a limitation is punishable
as provided by ORS 811.175 or 811.182.
     (5) The department, upon receiving
satisfactory evidence of any violation of the limitations of a permit issued
under this section or limitations placed on a hardship permit under ORS 807.252
or 813.510, may suspend or revoke the hardship permit.
     (6) The fee charged for application or
issuance of a hardship driver permit is the hardship driver permit application
fee under ORS 807.370. The department may not refund the fee if the application
is denied or if the driver permit is suspended or revoked. The fee upon renewal
of the driver permit is the same fee as that charged for renewal of a license.
The application fee charged under this subsection is in addition to any fee
charged for reinstatement of driving privileges under ORS 807.370.
     (7) The department may issue a permit granting
the same driving privileges as those suspended or may issue a permit granting
fewer driving privileges, as the department determines necessary to assure safe
operation of motor vehicles by the permit holder. [1983 c.338 §327; 1985 c.16 §144;
1985 c.608 §29; 1987 c.730 §11; 1987 c.801 §3; 1989 c.636 §33; 1991 c.860 §4;
1993 c.627 §2; 1993 c.751 §45; 1999 c.796 §4; 2001 c.294 §1; 2003 c.23 §1; 2003
c.160 §2; 2005 c.471 §11]
     807.250
Restrictions on issuance of hardship permit. (1) In addition to any requirements under ORS 807.240 and any
applicable conditions under ORS 813.500 and 813.520, the Department of
Transportation may not issue a hardship permit under ORS 807.240 to a person
whose suspension of driving privileges is based upon a conviction of any of the
following unless the person submits to the department a recommendation from the
judge before whom the person was convicted:
     (a) ORS 811.140.
     (b) ORS 811.540.
     (c) Driving while under the influence of
intoxicants. If a personÂ’s driving privileges are suspended for a conviction
for driving while under the influence of intoxicants and the person is
determined under ORS 813.500 to have a problem condition involving alcohol,
inhalants or controlled substances as described in ORS 813.040, the judge must:
     (A) Make the recommendation with reference
to the best interest of the public as well as of the defendant and the
recommendation must be in writing.
     (B) Recommend times, places, routes and
days minimally necessary for the person to seek or retain employment, to attend
any alcohol or drug treatment or rehabilitation program or to receive necessary
medical treatment for the person or a member of the personÂ’s immediate family.
     (2) The department may not issue a
hardship permit to a person whose suspension of driving privileges is based on
a conviction described in ORS 809.265.
     (3) The department may not issue a
hardship permit to a person whose driver license or driver permit is suspended
pursuant to ORS 25.750 to 25.783.
     (4) The department may not issue a
hardship permit to a person whose driving privileges are suspended pursuant to
ORS 809.280 (5) or 809.416 (1) or (2). [1985 c.16 §150; 1987 c.262 §2; 1987
c.801 §4; 1991 c.835 §5; 1995 c.750 §§3,6; 1999 c.619 §6; 2003 c.23 §2; 2003
c.204 §1]
     807.252
Restrictions on issuance of hardship permit to person convicted of assault in
second, third or fourth degree.
(1) The Department of Transportation may not issue a hardship permit to a
person whose driving privileges are suspended for conviction of assault in the
second, third or fourth degree if the person, within 10 years preceding
application for the permit, has been convicted of:
     (a) Any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the operation of a
motor vehicle;
     (b) Reckless driving, as defined in ORS
811.140;
     (c) Driving while under the influence of
intoxicants, as defined in ORS 813.010;
     (d) Failure to perform the duties of a
driver involved in an accident or collision, as described in ORS 811.700 or 811.705;
     (e) Criminal driving while suspended or
revoked, as defined in ORS 811.182;
     (f) Fleeing or attempting to elude a
police officer, as defined in ORS 811.540; or
     (g) Aggravated vehicular homicide, as
defined in ORS 163.149.
     (2) A conviction arising out of the same
episode as the current suspension is not considered a conviction for purposes
of subsection (1) of this section.
     (3) The department may not issue a
hardship permit to a person whose driving privileges are suspended for a
conviction of assault in the second, third or fourth degree:
     (a) For a period of four years from the
date the department suspends driving privileges if the personÂ’s driving
privileges are suspended for conviction of assault in the second degree and the
person was not incarcerated for that conviction.
     (b) For a period of four years from the
date the person is released from incarceration for the conviction if the personÂ’s
driving privileges are suspended for conviction of assault in the second degree
and the person was incarcerated for that conviction.
     (c) For a period of two years from the
date the department suspends driving privileges if the personÂ’s driving
privileges are suspended for conviction of assault in the third degree and the
person was not incarcerated for that conviction.
     (d) For a period of two years from the
date the person is released from incarceration for the conviction if the personÂ’s
driving privileges are suspended for conviction of assault in the third degree
and the person was incarcerated for that conviction.
     (e) For a period of six months from the
date the department suspends driving privileges if the personÂ’s driving
privileges are suspended for conviction of assault in the fourth degree and the
person is not incarcerated for that conviction.
     (f) For a period of six months from the
date the person is released from incarceration for the conviction if the personÂ’s
driving privileges are suspended for conviction of assault in the fourth degree
and the person was incarcerated for that conviction.
     (4) A hardship permit issued to a person
whose driving privileges are suspended because of a conviction for assault in
the second, third or fourth degree shall limit the personÂ’s driving privileges:
     (a) To the times, places, routes and days
the department determines to be minimally necessary for the person to seek or
retain employment, to attend any alcohol or drug treatment or rehabilitation
program or to obtain required medical treatment for the person or a member of
the personÂ’s immediate family; and
     (b) To times, places, routes and days that
are specifically stated.
     (5) The person’s driving privileges under
the permit are subject to suspension or revocation if the person does not
maintain a good driving record, as defined by the administrative rules of the
department, during the term of the permit.
     (6) The department may require the person
to complete a driver improvement program under ORS 809.480 as a condition of
the permit.
     (7) The department shall condition the
permit so that the permit will be revoked if the person is convicted of any of
the following:
     (a) Reckless driving under ORS 811.140.
     (b) Driving while under the influence of
intoxicants under ORS 813.010.
     (c) Failure to perform the duties of a
driver under ORS 811.700 or 811.705.
     (d) Fleeing or attempting to elude a
police officer under ORS 811.540.
     (e) Driving while suspended or revoked
under ORS 811.175 or 811.182.
     (f) Any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the operation of a motor
vehicle.
     (g) Aggravated vehicular homicide under
ORS 163.149. [1999 c.796 §3; 2001 c.104 §302; 2003 c.14 §481; 2003 c.23 §3;
2007 c.867 §9]
     807.260
Notice to police about hardship permit holders and limitations on permits. The Department of Transportation may make
arrangements with police agencies in communities to provide the police agencies
with information concerning the issuance of hardship permits under ORS 807.240
to people within the communities and concerning conditions or limits placed
upon such permits. [1985 c.16 §152; 1987 c.801 §5]
     807.270
Probationary driver permit; fee; rules. The Department of Transportation shall provide for issuance of
probationary driver permits in a manner consistent with this section. A
probationary driver permit grants the driving privileges provided in this
section or under the permit. Except as otherwise provided in this section, a
probationary driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a Class C license. The following apply
to a probationary driver permit:
     (1) The department may issue a
probationary driver permit to a person whose driving privileges have been
revoked as a habitual offender under ORS 809.640.
     (2) The department may issue a
probationary driver permit that is valid for the duration of the revocation
period unless the permit is suspended or revoked.
     (3) A probationary driver permit may only
be issued to a person while that personÂ’s driving privileges and right to apply
for driving privileges are otherwise revoked under ORS 809.640 because the
person has been determined to be a habitual offender.
     (4) The department may not issue a
probationary driver permit authorizing operation of a commercial motor vehicle.
     (5) The fee charged for application or
issuance of a probationary driver permit is the probationary driver permit
application fee under ORS 807.370. The department may not refund the fee if the
application is denied or if the driver permit is suspended or revoked. The
application fee charged under this subsection is in addition to any fee charged
for reinstatement of driving privileges under ORS 807.370.
     (6) Before an applicant may be issued a
probationary driver permit, the applicant must meet the following
qualifications in addition to any other qualifications for the permit:
     (a) The applicant must successfully
complete a driver improvement course approved by the department; and
     (b) The applicant must submit a report of
a diagnostic examination conducted by a private physician showing to the
satisfaction of the department that the applicant is physically and mentally
competent to safely operate a motor vehicle.
     (7) A person who is issued a probationary
driver permit must continually satisfy the conditions of the permit.
     (8) If a person issued a probationary
driver permit is convicted of one offense described in ORS 809.600 (1) or more
than one offense described in ORS 809.600 (2) within any 12-month period, the
permit shall be revoked and no license or permit may be issued for one year
from the date of the revocation.
     (9) The department may establish by rule
additional limitations for a probationary driver permit. The limitations may
include any limitation, condition or requirement. Violation of a limitation is
punishable as provided by ORS 811.175 and 811.182.
     (10) Upon receiving satisfactory evidence
of any violation of the limitations placed on a probationary driver permit
under this section, the department may suspend or revoke the probationary
driver permit. [1983 c.338 §326; 1985 c.16 §143; 1985 c.597 §18; 1985 c.608 §28;
1987 c.730 §12; 1999 c.1051 §280; 2001 c.294 §2; 2003 c.160 §3; 2007 c.195 §4]
     807.280
Instruction driver permit; fees. The Department of Transportation shall provide for the issuance of
instruction driver permits in a manner consistent with this section. A person
who is issued an instruction driver permit may exercise the same driving
privileges as those under the class of license or endorsement for which the
permit is issued except as provided in this section or under the permit. Except
as otherwise provided in this section, an instruction driver permit is subject
to the fees, provisions, conditions, prohibitions and penalties applicable to a
license or endorsement granting the same driving privileges. The following
apply to an instruction driver permit:
     (1) An instruction driver permit is
subject to the same classifications and endorsements as a license. The
department may issue an instruction driver permit to grant the same driving
privileges as a Class A commercial, Class B commercial, Class C commercial or
Class C driver license or as a motorcycle endorsement, but the permit will also
be subject to the provisions of this section.
     (2) The department may issue an
instruction driver permit to a person who is qualified to obtain the same
driving privileges under the corresponding class of license or type of
endorsement except for the personÂ’s age or lack of experience in the operation
of motor vehicles subject to the following:
     (a) An applicant must be 15 years of age
or older to receive the same driving privileges as are granted under a Class C
license.
     (b) An applicant must be 16 years of age
or older and have a commercial driver license or a Class C license to receive
the same driving privileges as are granted under a motorcycle endorsement.
     (c) An applicant must be 18 years of age
or older to receive the same driving privileges as are granted under any class
of license not otherwise provided for under this subsection.
     (3) The fees required for issuance or
renewal of an instruction driver permit are the instruction driver permit fees
under ORS 807.370.
     (4) A Class C instruction driver permit
shall be valid for 24 months from the date of issuance. All other instruction
driver permits issued under this section shall be valid for one year from the
date of issuance.
     (5) When a permit expires or is about to
expire, the department shall renew the permit if the holder of the permit
qualifies for renewal of the permit under this section and applies for renewal:
     (a) Within one year of the expiration of a
permit issued under this section; or
     (b) Within six months after the applicant
is discharged from the Armed Forces of the
     (6) To qualify for renewal of a permit, a
person must meet all of the requirements for the type of permit sought to be
renewed, except that the department may waive the examination unless the
department has reason to believe that the applicant is not qualified for the
permit.
     (7) A permit that is renewed under this
section may be used on or after the date of issuance. If the department issues
a permit renewal to a person under this section before the expiration of the
permit being renewed, the older permit is invalid. A permit that becomes
invalid under this subsection shall be surrendered to the department.
     (8) The holder of the permit may not
operate a motor vehicle unless the holder has the permit in the holderÂ’s immediate
possession and is accompanied by a person with a class of license granting the
same driving privileges or a license with an endorsement granting the same
driving privileges who is not less than 21 years of age. The accompanying
person must be occupying a seat beside the holder of the permit unless the
permit is for motorcycle driving privileges. For a permit granting motorcycle
driving privileges, the holder of the permit must be in the company and under
the supervision and visual observation of the accompanying person and the
accompanying person must be operating a separate motorcycle. If the permit
authorizes its holder to operate a commercial motor vehicle, the accompanying
person must have a commercial driver license and the proper endorsements for
the vehicle being operated by the holder of the permit. The holder of the
permit may not operate any motor vehicle transporting hazardous materials.
     (9) The holder of a permit granting
motorcycle driving privileges is subject to the following in addition to any
other requirements under this section:
     (a) The holder may only operate a
motorcycle during daylight hours.
     (b) The holder may not carry any
passengers on the motorcycle.
     (c) The holder of the permit must wear an
approved helmet while operating a motorcycle.
     (10)(a) The department may issue an
instruction driver permit to a person with a limited vision condition if a
rehabilitation training specialist certifies to the department that the person
has successfully completed a rehabilitation training program.
     (b) As used in this subsection, “limited
vision condition,” “rehabilitation training specialist” and “rehabilitation
training program” have the meanings given those terms in ORS 807.355.
     (11) In addition to any other requirements
under this section, the holder of a permit issued under subsection (10) of this
section may operate a motor vehicle only when using a bioptic telescopic lens. [1983
c.338 §316; 1985 c.16 §135; 1985 c.608 §23; 1989 c.397 §1; 1989 c.636 §29; 1991
c.67 §219; 2001 c.410 §5; 2003 c.14 §482; 2003 c.277 §§8,12; 2005 c.59 §§7,8;
2005 c.649 §§35,36; 2007 c.121 §§1,2; 2007 c.588 §5]
     807.290
Special temporary instruction driver permit; fees. (1) The Department of Transportation shall
provide for the issuance of special temporary instruction driver permits in a
manner consistent with this section. Except as provided in this section, a
special temporary instruction driver permit is subject to the same fees,
provisions, conditions, prohibitions and penalties applicable to an instruction
driver permit under ORS 807.280.
     (2) The department may issue a special
temporary instruction driver permit, without charge, to a person who has filed
an application for and paid the fee for a special student driver permit or an
emergency driver permit but was unable to qualify for the permit because of
lack of experience in the operation of motor vehicles. A permit issued under
this section shall be valid for only 60 days. [1983 c.338 §317]
     807.300 [1985 c.608 §29b; 1987 c.744 §7; repealed by
1989 c.636 §54]
     807.310
Applicant temporary permit.
(1) The Department of Transportation shall provide for the issuance of
applicant temporary driver permits in a manner consistent with this section.
     (2) The department may issue an applicant
temporary driver permit to an applicant for a license or for a driver permit
while the department is determining all facts relative to application for the
license or driver permit. The department shall set forth on the applicant
temporary driver permit the driving privileges granted under the permit.
     (3) The holder of an applicant temporary
driver permit must have the temporary driver permit on the holderÂ’s person
while operating a motor vehicle. The holder of an applicant temporary driver
permit must operate within the driving privileges granted under the temporary
driver permit.
     (4) An applicant temporary driver permit
shall be valid for a period of 30 days from the date issued. The department may
extend the term of the permit for sufficient cause. An extension of the term of
the permit shall not be for more than 30 additional days. An applicant
temporary driver permit automatically becomes invalid if the applicantÂ’s
license or permit is issued or refused for good cause.
     (5) No fee shall be charged for issuance
of an applicant temporary driver permit under this section. [1983 c.338 §315;
1985 c.16 §134; 1985 c.597 §13; 1985 c.608 §22]
     Note: Sections 11 and 13, chapter 775, Oregon Laws
2005, provide:
     Sec.
11. If an applicant has
complied with all requirements for an application for a driver license, driver
permit or identification card, the department at the time of application may
issue to the applicant:
     (1) An applicant temporary driver permit
as provided in ORS 807.310; or
     (2) An applicant temporary identification
card as provided in section 10 of this 2005 Act [807.405]. [2005 c.775 §11]
     Sec.
13. Section 11 of this 2005
Act is repealed on July 1, 2008. [2005 c.775 §13]
     807.320
Court issued temporary driver permit. (1) Courts shall provide for issuance of court issued temporary driver
permits in a manner consistent with this section. A court issued temporary
driver permit grants only those driving privileges specifically granted under
the permit.
     (2) If a court takes immediate possession
of a license or driver permit under ORS 809.275 upon suspension or revocation
of the driving privileges under the license or driver permit, the court shall
issue a court issued temporary driver permit to the person convicted if the
court determines issuance of the permit is necessary to give full effect to the
requirement that the court take the license or driver permit under ORS 809.275.
     (3) A court issued temporary driver
permit:
     (a) Shall be issued in a form specified by
the Department of Transportation.
     (b) Is valid until midnight of the day of
conviction of the person issued the permit. [1983 c.338 §324; 1993 c.751 §47]
     807.330
Court bail driver permit.
(1) Courts shall provide for the issuance of court bail driver permits in a
manner and to grant driving privileges consistent with this section.
     (2) The court bail driver permit shall act
as a receipt for a license that is accepted as security by a court under ORS
810.300 and 810.310.
     (3) The permit confers on the person to
whom it is issued the same driving privileges as the license which was accepted
as security.
     (4) The Department of Transportation shall
prepare a form for the permit and all permits issued pursuant to this section
shall conform to the form so prepared.
     (5) Upon issuance of a permit, a court
shall promptly notify the department of the fact.
     (6) The driving privileges granted under
the permit are valid only until the time fixed for appearance or the expiration
of 30 days from the date the permit is issued, whichever first occurs.
     (7) No fee shall be charged for issuance
of the permit. [1983 c.338 §325; 1999 c.1051 §280a]
(Continuing
Eligibility)
     807.340
Reestablishment of eligibility; effect of failure to reestablish; waiver of
fee. (1) The Department of
Transportation may require any person to whom a license, driver permit or
endorsement is issued to appear before the department and reestablish the
personÂ’s eligibility by taking either an examination under ORS 807.070 or
following the procedures in ORS 807.090, as appropriate. The department may act
under this section if the department has reason to believe that the person may:
     (a) No longer be qualified to hold a
license, driver permit or endorsement; or
     (b) No longer be able to safely operate a
motor vehicle.
     (2) If a person does not appear before the
department within a reasonable time after receiving notice from the department
under this section or is unable to reestablish eligibility to the satisfaction
of the department under this section, the department may take action to suspend
the personÂ’s driving privileges under ORS 809.419.
     (3) A person who is required to take one
or more tests described in ORS 807.070 in order to reestablish eligibility
under this section is not required to pay the fee established under ORS 807.370
for the test. [1983 c.338 §314; 1985 c.608 §21; 2003 c.14 §483; 2003 c.402 §18;
2003 c.618 §51]
     807.350
Cancellation of privileges for failure to meet qualifications; issuance of more
limited license or permit.
(1) The Department of Transportation, at any time, may cancel the driving
privileges or part of the driving privileges granted any person under any class
of license or under any endorsement or any driver permit if the department
determines that the person no longer meets the qualifications or requirements
for the license, endorsement or permit.
     (2) Upon cancellation under this section,
a person whose privileges are canceled shall surrender to the department any
license or driver permit issued for the driving privileges. Failure to comply
with this subsection is subject to penalty as provided under ORS 809.500.
     (3) If the department cancels driving
privileges under this section, the department may provide for the issuance of a
license, driver permit or license with endorsement or limitations granting
driving privileges for which the person does qualify or meet the requirements.
The department may provide for the waiver of all or part of the fees relating
to the issuance of a license or driver permit when the department issues a
driver permit or license under this subsection, as the department determines
equitable.
     (4) A person whose driving privileges are
canceled under this section may only regain the canceled driving privileges by
reapplying for the privileges and establishing eligibility and qualification
for the driving privileges as provided by law. [1985 c.608 §33; 2003 c.14 §484]
(Persons With
Limited Vision)
     807.355
Definitions. As used in this
section and ORS 807.359, 807.363 and 807.368:
     (1) “Licensed vision specialist” means an
ophthalmologist or an optometrist.
     (2) “Limited vision condition” means
visual acuity in the better eye with best lens correction that is no better
than 20/80 and no worse than 20/200.
     (3) “Rehabilitation training program”
means a program designed to train a person with a limited vision condition to
use a bioptic telescopic lens while operating a motor vehicle.
     (4) “Rehabilitation training specialist”
means a person certified by the Department of Transportation to provide a
rehabilitation training program.
     (5) “Special limited vision condition
learner’s permit” means a permit issued by the department to a person with a
limited vision condition that allows the person to enroll in a rehabilitation
training program. [2003 c.277 §2]
     807.359
Special limited vision condition learnerÂ’s permit. (1) A person with a limited vision condition
may apply for a special limited vision condition learnerÂ’s permit if the
person:
     (a) Is examined by a licensed vision
specialist who determines that the person:
     (A) Has no ocular diagnosis or prognosis
that may result in deterioration of the personÂ’s corrected vision below a
20/200 level of visual acuity;
     (B) Has a visual field of at least 120
degrees horizontally and 80 degrees vertically; and
     (C) Would be aided by using a bioptic
telescopic lens when operating a motor vehicle;
     (b) Is fitted by the licensed vision
specialist with a bioptic telescopic lens mounted on the carrier lens;
     (c) Submits to the Department of
Transportation a report from the licensed vision specialist certifying that the
person meets the requirements of this subsection;
     (d) Submits proof to the department that
the person is enrolled in a rehabilitation training program; and
     (e) Takes the test described under ORS
807.070 (2).
     (2) The department shall issue a special
limited vision condition learnerÂ’s permit to a person who meets the
requirements of subsection (1) of this section upon application and payment of
the fee under ORS 807.370.
     (3) If the department issues a special
limited vision condition learnerÂ’s permit to a person under subsection (2) of
this section, the department shall send the permit to the rehabilitation
training program in which the person is enrolled. [2003 c.277 §3]
     807.363
Issuance of driver license to person with limited vision condition. (1) The Department of Transportation shall
issue a driver license to a person with a limited vision condition if the
person:
     (a) Complies with the requirements of ORS
807.040; and
     (b) Provides a certificate issued by a
rehabilitation training specialist certifying that the person has successfully
completed a rehabilitation training program.
     (2) A license issued to a person with a
limited vision condition who meets the requirements of subsection (1) of this
section is restricted to authorize operation of a motor vehicle only:
     (a) During daylight hours; and
     (b) When the person is using a bioptic
telescopic lens.
     (3) A person issued a license under this
section shall every two years:
     (a) Take a test that is an actual
demonstration of the personÂ’s ability to operate a motor vehicle without
endangering the safety of persons or property; and
     (b) Be examined by a licensed vision
specialist who certifies to the department that the person meets the vision
requirements under ORS 807.359.
     (4) A person must use a bioptic telescopic
lens whenever the person is required to take a test that is an actual
demonstration of the personÂ’s ability to operate a motor vehicle without
endangering the safety of persons or property. [2003 c.277 §4; 2007 c.588 §2]
     807.368
Form of permit; rehabilitation training specialists; rules. (1) The Department of Transportation shall
adopt rules that establish:
     (a) The form of the special limited vision
condition learnerÂ’s permit issued under ORS 807.359.
     (b) Certification of rehabilitation training
specialists, including:
     (A) Qualifications or requirements for
obtaining certification as a rehabilitation training specialist.
     (B) The issuance of rehabilitation
training specialist certificates.
     (C) The regulation of persons issued
rehabilitation training specialist certificates and the rehabilitation training
programs offered by those persons.
     (D) Reasonable fees for issuance of a
rehabilitation training specialist certificate.
     (E) The forms of certificates to be
issued.
     (2) The department shall adopt by rule
requirements for a person certified by the department as a rehabilitation
training specialist to certify the competency of a person with a limited vision
condition to safely exercise driving privileges granted under ORS 807.363. [2003
c.277 §5]
     Note: Sections 8 and 9, chapter 588, Oregon Laws
2007, provide:
     Sec.
8. Driving at night. (1)
Notwithstanding section 4, chapter 277, Oregon Laws 2003 [807.363], a person
with a limited vision condition may operate a vehicle at night if the person:
     (a) Is issued a driver license under
section 4, chapter 277, Oregon Laws 2003;
     (b) Provides a certificate issued by a
rehabilitation training specialist certifying that the person has successfully
completed a rehabilitation training program and is able to safely operate a
motor vehicle at night; and
     (c) Is examined every two years by a
licensed vision specialist who certifies that the person is able to safely
operate a motor vehicle at night.
     (2) As used in this section, “limited
vision condition,” “rehabilitation training specialist” and “rehabilitation
training program” have the meanings given those terms in section 2, chapter
277, Oregon Laws 2003 [807.355]. [2007 c.588 §8]
     Sec.
9. Section 8 of this 2007
Act is repealed on June 30, 2011. [2007 c.588 §9]
FEES
     807.370
License, endorsement and permit fees. The following are the fees relating to the issuance and renewal of
licenses, driver permits and endorsements:
     (1) Disability golf cart driver permit
fees under ORS 807.210, as follows:
     (a) For issuance, $38.50.
     (b) For renewal fee under ORS 807.210,
$26.50.
     (2) Emergency driver permit fee under ORS
807.220, $18.
     (3) Instruction driver permit fees under
ORS 807.280, as follows:
     (a) For issuance, $18.
     (b) For renewal, $18.
     (4)(a) License issuance fee for a Class C
license, $48.50.
     (b) Fee to take the knowledge test for a
Class C license, $5.
     (c) Fee to take the skills test for a
Class C license, $9.
     (5) License issuance fee for a restricted
Class C license, $48.50.
     (6) License issuance fee for a commercial
driver license, whether or not the license contains endorsements, $70.
     (7) Test fees for a commercial driver
license or permit:
     (a) To take the knowledge test for a Class
A commercial license or permit, $10.
     (b) To take the skills test for a Class A
commercial license, $70.
     (c) To take the knowledge test for a Class
B commercial license or permit, $10.
     (d) To take the skills test for a Class B
commercial license, $70.
     (e) To take the knowledge test for a Class
C commercial license or permit, $10.
     (f) To take the skills test for a Class C
commercial license, $70.
     (8) Notwithstanding subsection (6) of this
section, for issuance of a commercial driver license of any class when the
Department of Transportation accepts a certificate of competency issued under
ORS 807.080, $40 in addition to the fee under subsection (6) of this section.
     (9) Notwithstanding subsection (6) of this
section, for original issuance of a school bus endorsement to a person who has
a commercial driver license with a passenger endorsement:
     (a) $21; or
     (b) $61 if the department accepts a
certificate of competency issued under ORS 807.080.
     (10) For a farm endorsement, $26.
     (11) Test fees for the knowledge test for
endorsements other than motorcycle and farm endorsements:
     (a) For a hazardous materials endorsement,
$10.
     (b) For a tank vehicle endorsement, $10.
     (c) For a passenger endorsement, $10.
     (d) For a double and triple trailer
endorsement, $10.
     (e) For a school bus endorsement, $10.
     (12) Fee to take an airbrake knowledge
test, $10.
     (13) Fee to take an airbrake skills test
to remove an airbrake restriction, $56.
     (14) License renewal fee for a commercial
driver license, $50.
     (15) License renewal fee for a Class C
license, $28.50.
     (16) License or driver permit replacement
fee under ORS 807.160, $21.
     (17) Original endorsement issuance fee
under ORS 807.170 for a motorcycle endorsement, $46, in addition to any fees
for the endorsed license.
     (18) Special student driver permit fee
under ORS 807.230, $18.
     (19) Student Driver Training Fund
eligibility fee under ORS 807.040 and 807.150, $6.
     (20) Motorcycle Safety Subaccount fee as
follows:
     (a) Upon original issuance of motorcycle
endorsements under ORS 807.170, $28.
     (b) Upon renewal of a license with a
motorcycle endorsement under ORS 807.170, $28.
     (21) Probationary driver permit
application fee under ORS 807.270, $50.
     (22) Hardship driver permit application
fee under ORS 807.240, $50.
     (23) Fee for reinstatement of revoked
driving privileges under ORS 809.390, $75.
     (24) Fee for reinstatement of suspended
driving privileges under ORS 809.380, $75.
     (25) Fee for reinstatement of right to
apply for driving privileges after a delay under ORS 809.280 (10) (1997
Edition), the same as the fee for reinstatement of suspended driving
privileges.
     (26) Fee for a special limited vision
condition learner’s permit under ORS 807.359, $13. [1983 c.338 §344; 1985 c.16 §161;
1985 c.279 §2; 1985 c.736 §4a; 1985 c.608 §31; 1987 c.790 §3; 1987 c.801 §6;
1989 c.161 §2; 1989 c.427 §5; 1989 c.636 §30; 1989 c.902 §3a; 1991 c.709 §3;
1991 c.835 §6; 1993 c.288 §3; 1997 c.292 §1; 1999 c.91 §2; 1999 c.770 §5; 1999
c.795 §§1,2; 2001 c.294 §4; 2001 c.668 §3; 2003 c.14 §485; 2003 c.277 §§9,13;
2003 c.618 §49; 2005 c.59 §§2,3; 2005 c.649 §§10,11; 2007 c.121 §§3,4; 2007
c.122 §§9,10; 2007 c.588 §6]
     807.375
Additional fee for collection and verification of biometric data. (1) In addition to any fee imposed under ORS
807.370 and 807.410, the Department of Transportation may impose a fee for each
driver license, driver permit and identification card that is issued, renewed
or replaced, for the purpose of covering the costs of purchasing equipment and
establishing and maintaining a database used for collecting and verifying
biometric data.
     (2) A fee imposed under this section may
not be more than $3 per driver license, driver permit or identification card. [2005
c.775 §5]
     Note: 807.375 becomes operative July 1, 2008. See
section 17, chapter 775, Oregon Laws 2005.
     807.380 [1985 c.16 §157; 1985 c.258 §3; repealed by
1999 c.91 §8]
     807.390
Waiver of certain fees; rules.
(1) The Department of Transportation, by rule, may provide for a waiver of the
fee under ORS 807.160 for issuance of a replacement license or driver permit.
     (2) Rules adopted by the department under
this section may provide for waiver of the described fee only when all of the
following apply:
     (a) A person requests a change in
information contained on a license or driver permit or the department
determines such change is necessary.
     (b) The change in information requested
under this subsection is generally accomplished under procedures that do not
require the issuance of a new license or driver permit.
     (c) The department decides to issue a new
license or driver permit:
     (A) For purposes of convenience; or
     (B) Under circumstances in which the
department does not generally issue a new license or driver permit. [1985 c.258
§2; 1999 c.91 §7; 2005 c.59 §4]
IDENTIFICATION
CARDS
     807.400
Issuance; application; contents; renewal; fee; validity; replacement;
cancellation; rules. (1) The
Department of Transportation shall issue an identification card to any person
who:
     (a) Is domiciled in or resident of this
state, as described in ORS 807.062;
     (b) Does not have a current, valid driver
license;
     (c) Furnishes such evidence of the person’s
age and identity as the department may require; and
     (d) Submits to collection of biometric
data by the department that establish the identity of the person as provided in
ORS 807.024.
     (2) The department shall work with other
agencies and organizations to attempt to improve the issuance system for
identification cards.
     (3) Every original application for an
identification card must be signed by the applicant. The department shall
require at least one document to verify the address of an applicant for
issuance of an identification card in addition to other documents the
department may require of the applicant. If the address of an applicant has
changed since the last time an identification card was issued to or renewed for
the applicant, the department shall require proof to verify the address of an
applicant for renewal of an identification card, in addition to anything else
the department may require.
     (4) Every identification card shall be
issued upon the standard license form described under ORS 807.110 and shall
bear a statement to the effect that the identification card is not a license or
any other grant of driving privileges to operate a motor vehicle and is to be
used for identification purposes only. The department shall use the same
security procedures, processes, materials and features for an identification
card as are required for a license under ORS 807.110. The identification card
is not required to contain the residence address of persons listed in ORS
807.110 (1)(c).
     (5) Upon order of the juvenile court, the
department shall include on the card the fact that the person issued the
identification card is an emancipated minor.
     (6) Each original identification card
shall expire on a date consistent with the expiration dates of licenses as set
forth in ORS 807.130.
     (7) Identification cards shall be renewed
under the terms for renewal of licenses as set forth in ORS 807.150.
     (8) The fee for an original identification
card or a renewal thereof shall be the fee established under ORS 807.410.
     (9) An identification card becomes invalid
if the holder of the card changes residence address from that shown on the
identification card and does not provide the department with notice of the
change as required under ORS 807.420.
     (10) If a person to whom an identification
card was issued and who changes residence address appears in person at a
department office that issues identification cards, the department may do any
of the following:
     (a) Issue a replacement identification
card containing the new address upon receipt of the old identification card and
payment of the fee established for issuing a replacement identification card
with a changed address under ORS 807.410. Except as otherwise provided in subsection
(12) of this section, the replacement identification card shall bear the same
distinguishing number as the card being replaced.
     (b) Note the new address on the old
identification card in a manner to be determined by the department.
     (11) An identification card becomes
invalid if the holder of the card changes the personÂ’s name from that shown on
the card, including a change of name by marriage, without providing the
department with notice of the change as required under ORS 807.420. Upon
receiving such notice and the old identification card, the department shall
issue a replacement identification card upon payment of the fee required under
ORS 807.410.
     (12) In the event that, for a reason
identified by the department by rule, a person needs a replacement
identification card that bears a different distinguishing number from the card
being replaced, the person to whom the card was issued may obtain a replacement
card from the department upon furnishing proof satisfactory to the department
of the need for such replacement and payment of the replacement fee under ORS
807.410.
     (13) The department may establish by rule
reasons for issuing replacement identification cards that are in addition to
the reasons identified in subsections (10) to (12) of this section. The fee for
a replacement identification card is provided under ORS 807.410.
     (14) Upon cancellation of an
identification card, the card is terminated and must be surrendered to the
department. An identification card may be canceled for any of the reasons that
driving privileges or a license may be canceled under ORS 809.310. The
department may reissue an identification card canceled under this subsection
when the applicant has satisfied all requirements for the identification card.
     (15) Notwithstanding any other provision
of this section, the department may issue an identification card to a person
under this subsection without charge when the person surrenders a license or
driver permit to the department for reasons described in this subsection. If the
department issues an identification card under this subsection, the
identification card shall expire at the same time as the surrendered driver
license or driver permit would have expired. An identification card issued
under this subsection is subject to the same requirements and fees for renewal
or upon expiration as any other identification card issued under this section.
The department may issue identification cards under this subsection as
described under any of the following:
     (a) The department may issue an
identification card under this subsection to a person who voluntarily
surrenders a license or driver permit to the department based upon the personÂ’s
recognition that the person is no longer competent to drive.
     (b) The department may issue an identification
card to a person under this subsection when the personÂ’s driving privileges are
suspended under ORS 809.419 (1). This paragraph only applies if the person
voluntarily surrenders the personÂ’s license or driver permit to the department
as provided under ORS 809.500. [1983 c.338 §866; 1985 c.16 §437; 1985 c.174 §13;
1985 c.301 §2; 1989 c.535 §2; 1993 c.393 §2a; 1993 c.741 §82; 1993 c.751 §48;
2001 c.452 §1; 2003 c.402 §19; 2005 c.59 §10; 2005 c.241 §2a; 2005 c.775 §8;
2007 c.542 §§8,9]
     Note: The amendments to 807.400 by section 8,
chapter 775,
     807.400. (1) The Department of Transportation shall
issue an identification card to any person who:
     (a) Is domiciled in or resident of this
state, as described in ORS 807.062;
     (b) Does not have a current, valid driver
license; and
     (c) Furnishes such evidence of the person’s
age and identity as the department may require.
     (2) The department shall work with other
agencies and organizations to attempt to improve the issuance system for
identification cards.
     (3) Every original application for an
identification card must be signed by the applicant. The department shall
require at least one document to verify the address of an applicant for
issuance of an identification card in addition to other documents the department
may require of the applicant. If the address of an applicant has changed since
the last time an identification card was issued to or renewed for the
applicant, the department shall require proof to verify the address of an
applicant for renewal of an identification card, in addition to anything else
the department may require.
     (4) Every identification card shall be
issued upon the standard license form described under ORS 807.110 and shall
bear a statement to the effect that the identification card is not a license or
any other grant of driving privileges to operate a motor vehicle and is to be
used for identification purposes only. The department shall use the same
security procedures, processes, materials and features for an identification
card as are required for a license under ORS 807.110. The identification card
is not required to contain the residence address of persons listed in ORS
807.110 (3).
     (5) Upon order of the juvenile court, the
department shall include on the card the fact that the person issued the
identification card is an emancipated minor.
     (6) Each original identification card
shall expire on a date consistent with the expiration dates of licenses as set
forth in ORS 807.130.
     (7) Identification cards shall be renewed
under the terms for renewal of licenses as set forth in ORS 807.150.
     (8) The fee for an original identification
card or a renewal thereof shall be the fee established under ORS 807.410. In no
event shall the issuance or renewal of an identification card be subject to any
fee in addition to that set forth in ORS 807.410.
     (9) An identification card becomes invalid
if the holder of the card changes residence address from that shown on the
identification card and does not provide the department with notice of the
change as required under ORS 807.420.
     (10) If a person to whom an identification
card was issued and who changes residence address appears in person at a
department office that issues identification cards, the department may do any
of the following:
     (a) Issue a replacement identification
card containing the new address upon receipt of the old identification card and
payment of the fee established for issuing a replacement identification card
with a changed address under ORS 807.410. Except as otherwise provided in subsection
(12) of this section, the replacement identification card shall bear the same
distinguishing number as the card being replaced.
     (b) Note the new address on the old
identification card in a manner to be determined by the department.
     (11) An identification card becomes
invalid if the holder of the card changes the personÂ’s name from that shown on
the card, including a change of name by marriage, without providing the
department with notice of the change as required under ORS 807.420. Upon
receiving such notice and the old identification card, the department shall
issue a replacement identification card upon payment of the fee required under
ORS 807.410.
     (12) In the event that, for a reason
identified by the department by rule, a person needs a replacement
identification card that bears a different distinguishing number from the card
being replaced, the person to whom the card was issued may obtain a replacement
card from the department upon furnishing proof satisfactory to the department
of the need for such replacement and payment of the replacement fee under ORS
807.410.
     (13) The department may establish by rule
reasons for issuing replacement identification cards that are in addition to
the reasons identified in subsections (10) to (12) of this section. The fee for
a replacement identification card is provided under ORS 807.410.
     (14) Upon cancellation of an
identification card, the card is terminated and must be surrendered to the
department. An identification card may be canceled for any of the reasons that
driving privileges or a license may be canceled under ORS 809.310. The
department may reissue an identification card canceled under this subsection
when the applicant has satisfied all requirements for the identification card.
     (15) Notwithstanding any other provision
of this section, the department may issue an identification card to a person
under this subsection without charge when the person surrenders a license or
driver permit to the department for reasons described in this subsection. If
the department issues an identification card under this subsection, the
identification card shall expire at the same time as the surrendered driver
license or driver permit would have expired. An identification card issued
under this subsection is subject to the same requirements and fees for renewal
or upon expiration as any other identification card issued under this section.
The department may issue identification cards under this subsection as
described under any of the following:
     (a) The department may issue an
identification card under this subsection to a person who voluntarily
surrenders a license or driver permit to the department based upon the personÂ’s
recognition that the person is no longer competent to drive.
     (b) The department may issue an
identification card to a person under this subsection when the personÂ’s driving
privileges are suspended under ORS 809.419 (1). This paragraph only applies if
the person voluntarily surrenders the personÂ’s license or driver permit to the
department as provided under ORS 809.500.
     807.405
Applicant temporary identification card. (1) The Department of Transportation shall provide for the issuance of
applicant temporary identification cards in a manner consistent with this
section.
     (2) The department may issue an applicant
temporary identification card to an applicant while the department is
determining all facts relative to the application for an identification card.
     (3) An applicant temporary identification
card shall be valid for a period of 30 days from the date issued. The
department may extend the term of the applicant temporary identification card
for sufficient cause. An extension of the term of the applicant temporary
identification card may not be for more than 30 additional days. An applicant temporary
identification card automatically becomes invalid if the applicantÂ’s
identification card is issued or refused for good cause.
     (4) The department may not charge a fee
for issuance of an applicant temporary identification card under this section. [2005
c.775 §10]
     Note: See note under 807.310.
     807.410
Fees. This section
establishes the fees relating to identification cards. The following fees apply
to identification cards unless otherwise provided by ORS 807.400 or otherwise
provided by law:
     (1) For issuance of an original
identification card, $29. This subsection does not require a fee for issuance
when ORS 807.400 provides for issuance of an identification card without charge
of a fee.
     (2) For renewal of an identification card,
$25.
     (3) For replacement of an identification
card, $24.
     (4) For reinstatement of an identification
card after suspension, $75. [1983 c.338 §867; 1985 c.16 §438; 1985 c.174 §14;
1985 c.301 §3; 1985 c.736 §7; 1987 c.790 §4; 1989 c.902 §4; 1993 c.393 §2b;
1999 c.91 §3; 2001 c.668 §4; 2003 c.601 §3]
     807.420
Failure to notify department on change of name or address; rules; penalty. (1) A person to whom an identification card
is issued under ORS 807.400 commits the offense of failure to notify the
Department of Transportation on change of identification card holder name or
address if the person does not notify the department in a manner authorized by
the department by rule upon any change of the personÂ’s:
     (a) Residence address from that noted on
the personÂ’s identification card as issued; or
     (b) Name from that noted on the person’s
identification card as issued, including a change of name by marriage.
     (2) Notice required under this section:
     (a) Must be given within 30 days of the
change.
     (b) Must be given in person for a change
of name.
     (3) The department shall note on its
records any change reported to the department under this section.
     (4) The offense described in this section,
failure to notify department on change of identification card holder name or
address, is a Class D traffic violation. [1983 c.338 §868; 1993 c.751 §49; 2003
c.129 §2]
     807.430
Misuse of identification card; penalty. (1) A person commits the offense of misuse of an identification card
if the person performs any act in relation to an identification card issued
under ORS 807.400 that is prohibited in relation to a license under ORS
807.530, 807.580 to 807.600 or 809.500 or fails to perform any act in relation
to an identification card issued under ORS 807.400 that is required in relation
to a license under ORS 807.530, 807.580 to 807.600 or 809.500.
     (2) The offense described by this section,
misuse of identification card, is a Class A misdemeanor. [1983 c.338 §869; 1985
c.393 §67; 1987 c.262 §3]
OFFENSES
     807.500
Unlawful production of certain documents; affirmative defense; penalty. (1) A person commits the offense of unlawful
production of identification cards, licenses, permits, forms or camera cards if
the person, without the authority of the Department of Transportation,
advertises for the production of, produces in any way or causes to be produced
any facsimiles of the identification cards, licenses, permits, forms or camera
cards upon which the department issues identification cards, licenses or driver
permits under the vehicle code.
     (2) The offense described in this section,
unlawful production of identification cards, licenses, permits, forms or camera
cards, is a Class C felony.
     (3) It is an affirmative defense to
violating subsection (1) of this section that the person charged with the offense:
     (a) Was under 21 years of age at the time
of committing the offense and the person produced an identification card,
license or permit solely for the purpose of enabling the person to purchase
alcohol; or
     (b) Was under 18 years of age at the time of
committing the offense and the person produced an identification card, license
or permit solely for the purpose of enabling the person to purchase tobacco
products. [1983 c.338 §330; 1985 c.597 §19; 1993 c.393 §3; 2003 c.633 §1]
     807.510
Transfer of documents for purposes of misrepresentation; penalty. (1) A person commits the offense of transfer
of documents for the purposes of misrepresentation if the person:
     (a) Manufactures, produces, sells, offers
for sale or transfers to another person any document purporting to be a
certificate of birth, certificate of baptism, driver license or any other
document designated by the Department of Transportation by rule as acceptable
for establishing age or identity; and
     (b) Knows or has reason to know that the
document may be used to represent a person as another person in obtaining
documents issued by a government agency to grant driving privileges or for
identification purposes.
     (2) The offense described in this section,
transfer of documents for purposes of misrepresentation, is a Class A
misdemeanor. [1983 c.338 §331; 1985 c.597 §20; 1993 c.393 §4]
     807.520
False swearing to receive license; penalty. (1) A person commits the offense of false swearing to receive a driver
license if the person makes any false affidavit or knowingly swears or affirms
falsely to any matter required to be sworn to or affirmed in the process of
applying for, receiving and holding a license or driver permit under the
vehicle code.
     (2) The offense described in this section,
false swearing to receive a driver license, is a Class A misdemeanor. [1983
c.338 §332]
     807.530
False application for license; penalty. (1) A person commits the offense of providing a false application for
a license if the person in applying for a license or driver permit or for
renewal or replacement thereof under the vehicle code knowingly:
     (a) Uses or gives a false or fictitious
name or identity;
     (b) Gives or uses a false or fictitious
address;
     (c) Gives or uses a false age;
     (d) Makes a false statement;
     (e) Conceals a material fact;
     (f) Uses or attempts to use false
identification documents;
     (g) Allows another person to take any test
related to issuance of a license or permit on behalf of the applicant; or
     (h) Otherwise commits fraud in the
application.
     (2) The offense described in this section,
providing a false application for a license, is a Class A misdemeanor. [1983
c.338 §333; 1985 c.16 §153; 1993 c.393 §5; 1999 c.770 §3; 2005 c.59 §9]
     807.540
Failure to surrender prior license; penalty. (1) A person commits the offense of failing to surrender a prior
license if the person accepts a license or driver permit issued by the
Department of Transportation to that person without first surrendering all
out-of-state licenses or driver permits issued to that person.
     (2) The offense described in this section,
failure to surrender a prior license, is a Class D traffic violation. [1983
c.338 §334; 1985 c.16 §154; 1985 c.597 §21; 1995 c.383 §9]
     807.550
Holding multiple licenses; penalty. (1) A person commits the offense of holding multiple licenses if the
person applies for and accepts a license or driver permit, other than an
instruction driver permit, when the person holds an existing license or driver
permit.
     (2) The offense described in this section,
holding multiple licenses, is a Class B traffic violation. [1983 c.338 §335;
1985 c.608 §30]
     807.560
Failure to notify department upon change of address or name; rules; penalty. (1) A person to whom a license or driver
permit is issued commits the offense of failure to notify upon change of driver
address or name if the person does not notify the Department of Transportation
in a manner authorized by the department by rule upon any change of the personÂ’s:
     (a) Residence from that noted on the
personÂ’s license or driver permit as issued;
     (b) Name from that noted on the person’s
license or driver permit as issued, including a change of name by marriage; or
     (c) Place of employment, if the person is
a corrections officer, as provided in ORS 802.253, or an eligible employee, as
defined in ORS 802.250, whose place of employment address is noted on
department records in accordance with ORS 802.250 or 802.253.
     (2) Notice required under this section:
     (a) Must be given within 30 days of
change.
     (b) Must be given in person for a change
of name.
     (3) Failure to notify upon change of
driver address or name is a Class D traffic violation. [1983 c.338 §337; 1985
c.563 §8; 1989 c.695 §2; 1991 c.523 §8; 2003 c.129 §3; 2005 c.292 §9]
     807.570
Failure to carry or present license; penalty. (1) A person commits the offense of failure to carry a license or to
present a license to a police officer if the person either:
     (a) Drives any motor vehicle upon a
highway in this state without a license, driver permit or out-of-state license
in the personÂ’s possession; or
     (b) Does not present and deliver such
license or permit to a police officer when requested by the police officer
under any of the following circumstances:
     (A) Upon being lawfully stopped or
detained when driving a vehicle.
     (B) When the vehicle that the person was
driving is involved in an accident.
     (2) This section does not apply to any
person expressly exempted under ORS 807.020 from the requirement to have a
driver license or driver permit.
     (3) Except as provided in ORS 813.110, it
is a defense to any charge under this section that the person so charged
produce a license, driver permit or out-of-state license that had been issued
to the person and was valid at the time of violation of this section.
     (4) A police officer may detain a person
arrested or cited for the offense described in this section only for such time
as reasonably necessary to investigate and verify the personÂ’s identity.
     (5) The offense described in this section,
failure to carry a license or to present a license to a police officer, is a
Class C misdemeanor. [1983 c.338 §339; 1985 c.16 §158; 1987 c.217 §6]
     807.580
Using invalid license; penalty.
(1) A person commits the offense of using an invalid license if the person
knowingly displays or permits to be displayed or possesses any license or
driver permit that the person knows is fictitious, canceled, revoked, suspended
or fraudulently altered.
     (2) The offense described in this section,
using an invalid license, is a Class A misdemeanor. [1983 c.338 §340]
     807.590
Permitting misuse of license; penalty. (1) A person commits the offense of permitting misuse of a license if
the person has been issued a license or driver permit and the person knowingly
lends the license or driver permit to another or knowingly permits another
person to use the license or driver permit.
     (2) The offense described in this section,
permitting misuse of a license, is a Class A misdemeanor. [1983 c.338 §341]
     807.600
Using anotherÂ’s license; penalty. (1) A person commits the offense of using anotherÂ’s license if the
person knowingly displays or represents as the personÂ’s license or driver
permit a license or driver permit that has not been issued to the person.
     (2) The offense described in this section,
using another’s license, is a Class A misdemeanor. [1983 c.338 §342; 1985 c.16 §159]
     807.610
Employing or providing vehicle to unqualified driver; penalty. (1) A person commits the offense of
employing or providing a vehicle to an unqualified driver if the person does
any of the following:
     (a) Employs another person for the purpose
of engaging in a particular type of operation of a vehicle for which the person
does not have an appropriate grant of driving privileges from this state in the
form of a license, driver permit, endorsement or statutory grant of driving
privileges allowing the person to engage in the particular type of operation.
     (b) Rents, leases or otherwise furnishes a
motor vehicle owned or controlled by the person to any other person without
first seeing the other personÂ’s license, driver permit or license with
endorsement allowing the person, under the vehicle code, to operate the
particular type of vehicle being furnished.
     (2) The offense described in this section,
employing or providing a vehicle to an unqualified driver, is a Class D traffic
violation. [1985 c.608 §7; 1995 c.383 §10; 2003 c.14 §486]
     807.620
Giving false information to police officer; penalty. (1) A person commits the offense of giving
false information to a police officer if the person knowingly uses or gives a
false or fictitious name, address or date of birth to any police officer who is
enforcing motor vehicle laws.
     (2) The offense described in this section,
giving false information to a police officer, is a Class A misdemeanor. [1983
c.338 §343; 1985 c.16 §160; 1985 c.597 §22]
     807.630 [1987 c.744 §9; repealed by 1989 c.636 §54]
MISCELLANEOUS
     807.700
Notification to department as to released persons with mental retardation or
mental illness who are licensed operators. (1) It shall be the duty of the superintendent of the hospital for
persons with mental retardation or mental illness to notify the Department of
Transportation as to released licensed operators who, in the opinion of the
superintendent, should not drive because of their mental condition.
     (2) Upon receipt of information submitted
under this section, the department is subject to the provisions relating to
this section under ORS 809.419. [1985 c.16 §436; 2003 c.402 §20; 2007 c.70 §328]
     807.710
Reports of persons with cognitive or functional impairment; rules; forms. (1) For the purposes of this section:
     (a) “Physician” means a person who holds a
degree of Doctor of Medicine or Doctor of Osteopathy and is licensed under ORS
chapter 677 and a person who holds a degree of Doctor of Naturopathic Medicine
and is licensed under ORS chapter 685.
     (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 personÂ’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 personÂ’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
personÂ’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 personÂ’s name, address, date of
birth, sex and a description of how the personÂ’s current medical status affects
the personÂ’s ability to safely operate a motor vehicle. The department shall
consider this information in determining the personÂ’s eligibility for a driver
license or driver permit.
     (5) Except as provided in ORS 802.240, the
reports required by the department under this section are confidential and
shall be used by the department only to determine the qualifications of persons
to operate motor vehicles upon the highways. [1983 c.338 §872; 1999 c.770 §2;
2001 c.736 §1; 2003 c.462 §1; 2007 c.195 §2; 2007 c.434 §3]
     Note: Section 3, chapter 462, Oregon Laws 2003,
provides:
     Sec.
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 [June 24,
2003]. [2003 c.462 §3]
     807.720
Death certificates to be filed with department. On or before the 15th day of each month, the
Director of Human Services shall forward to the Department of Transportation a
copy of the death certificate covering the death, resulting from a motor
vehicle accident, of any persons within the Director of Human ServicesÂ’ jurisdiction
during the preceding calendar month. [1983 c.338 §871; 1985 c.16 §440]
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CHAPTER 808
[Reserved for expansion]
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