2007 Oregon Code - Chapter 809 :: Chapter 809 - Refusal - Suspension - Cancellation and Revocation of Registration - Title - Driving Privileges and
Chapter 809 —
Refusal, Suspension, Cancellation and Revocation of Registration,
Title,
Driving Privileges and Identification Card; Vehicle Impoundment
2007 EDITION
SUSPENSION AND REVOCATION; IMPOUNDMENT
SUSPENSION AND CANCELLATION OF REGISTRATIONS
AND TITLES
809.010Â Â Â Â Court-ordered
suspension
809.020Â Â Â Â Response
to court-ordered suspension
809.030Â Â Â Â Restoration
fee
809.040Â Â Â Â Hearing;
notice; judicial review
809.050Â Â Â Â Revocation
or suspension of registration of employer for failure to make future
responsibility filing
809.080Â Â Â Â Failure
to return suspended registration; penalty
809.090Â Â Â Â Cancellation
of registration or title for failure to qualify
809.095Â Â Â Â Cancellation
of registration for false certification of compliance with financial responsibility
requirements
809.100Â Â Â Â Hearing
on proposed cancellation or refusal; judicial review
809.110Â Â Â Â Failure
to surrender canceled registration or title; penalty
REGISTRATION, DRIVING PRIVILEGES OR
IDENTIFICATION CARD
809.120Â Â Â Â Court
recommended suspension of registration or driving privileges for weight
violation
809.130Â Â Â Â Suspension
or revocation of registration or driving privileges for unsettled judgment
809.135Â Â Â Â Refusal
to issue, revocation or suspension of driving privileges, identification card,
registration or title for failure to use same name
809.140Â Â Â Â Administrative
review of suspension, revocation or cancellation of identification card,
registration or driving privileges
DRIVING PRIVILEGES
(Court-Ordered or Recommended Restrictions, Suspensions,
Revocations or Denials)
809.210Â Â Â Â Suspension
or restriction of driving privileges for failure to pay fine or obey court
order; exceptions
809.220Â Â Â Â Failure
to appear; suspension or other procedures
809.230Â Â Â Â Court
suspension or revocation of nonresident driving privileges
809.235Â Â Â Â Permanent
revocation of driving privileges upon conviction of certain crimes; restoration
of privileges
809.240Â Â Â Â Court
imposition of suspension or revocation; taking possession of license or permit;
temporary permit
809.260Â Â Â Â Denial
of driving privileges for convicted juvenile
809.265Â Â Â Â Suspension
for inhalant or controlled substances conviction
(Additional Authority of Court)
809.267Â Â Â Â Additional
fee upon notice of suspension or restriction
809.270Â Â Â Â Driver
improvement course; enforcement by suspension or restriction of privileges
(
809.275Â Â Â Â Court
to take possession of license or permit; effective date of suspension or
revocation
809.280Â Â Â Â Department
procedures following court order or recommendation; length of suspension or
revocation
(Cancellation, Refusal to Issue, Suspension
or Revocation)
809.310Â Â Â Â Cancellation
or suspension of driving privileges; grounds; surrender of license or permit;
duration; reissuance of privileges
809.320Â Â Â Â Cancellation
on written request of parent or legal guardian
809.360Â Â Â Â General
provisions relating to suspension or revocation of driving privileges
809.380Â Â Â Â Period
of suspension; effect; reinstatement; fee
809.390Â Â Â Â Period
of revocation; effect; reinstatement; fee
809.400Â Â Â Â Suspension
or revocation for out-of-state conviction
809.404Â Â Â Â Disqualification
from holding commercial driver license
809.407Â Â Â Â Suspension
of commercial driver license for specified railroad crossing violations
809.409Â Â Â Â Revocation
for conviction of crime
809.411Â Â Â Â Suspension
for conviction of crime
809.412Â Â Â Â Authority
of juvenile court for suspension or revocation under ORS 809.409 or 809.411
809.413Â Â Â Â Suspension
of commercial driver licenses; length of suspension
809.415Â Â Â Â Suspensions
for conduct involving judgments, financial responsibility, dishonesty
809.416Â Â Â Â When
person subject to suspension under ORS 809.415; duration
809.417Â Â Â Â Suspension
for conduct regarding accidents
809.419Â Â Â Â Suspensions
for physical or mental condition or impairment
809.421Â Â Â Â Suspensions
for miscellaneous driving-related actions
809.423Â Â Â Â Suspensions
for nondriving-related actions by minors
809.428Â Â Â Â Schedule
of suspension or revocation periods for certain offenses
809.430Â Â Â Â Notice
of suspension, cancellation or revocation; contents; service
809.440Â Â Â Â Hearing
and administrative review procedures
809.450Â Â Â Â Hearing
for rescission of suspension for financial and future responsibility
violations; grounds
809.460Â Â Â Â Rescission
of suspension or revocation upon appeal of underlying conviction
809.470Â Â Â Â When
judgment considered settled for purposes of suspension requirements
809.480Â Â Â Â Driver
improvement programs; rules; purpose; suspension; fee
809.490Â Â Â Â Suspension
or revocation of driving privileges of nonresident driver; reports to home
state
809.500Â Â Â Â Failure
to return suspended, revoked or canceled license; penalty
(Habitual Offenders)
809.600Â Â Â Â Kinds
of offenses and number of convictions
809.605Â Â Â Â Determination
of which offenses count; rules
809.610Â Â Â Â Restriction
of driving privileges; notice; meeting
809.640Â Â Â Â Procedures
on habitual offender determination
809.650Â Â Â Â Effect
of habitual offender revocation
809.660Â Â Â Â Restoration
of privileges
VEHICLE IMPOUNDMENT AND IMMOBILIZATION; SEIZURE
AND FORFEITURE
809.698Â Â Â Â Definition
of “vehicle immobilization device”
809.700Â Â Â Â Court-ordered
impoundment or immobilization upon conviction; grounds; duration; vehicles
subject; return; security interest holder rights
809.702Â Â Â Â Tampering
with vehicle immobilization device; penalty
809.710Â Â Â Â Authority
to refuse to release vehicle to intoxicated person
809.716Â Â Â Â Hearing
on impoundment
809.720Â Â Â Â Impoundment
for specified offenses; grounds; notice; release
809.725Â Â Â Â Notice
following impoundment under city or county ordinance
809.730Â Â Â Â Seizure
of motor vehicle for civil forfeiture
809.735Â Â Â Â Preemption
of local forfeiture ordinances
SUSPENSION AND CANCELLATION OF REGISTRATIONS
AND TITLES
     809.010
Court-ordered suspension. A
court shall order the Department of Transportation to suspend the registration
of a motor vehicle required to be registered by the department upon conviction
of the traffic offenses described in this section. The requirement to order the
suspension of vehicle registration under this section is subject to all of the
following:
     (1) The court shall order the department
to suspend the registration under this section when a person is convicted:
     (a) Of driving a motor vehicle while the
personÂ’s license is suspended or revoked in violation of ORS 811.175 or
811.182; or
     (b) On a second or subsequent charge of
driving while under the influence of intoxicants in violation of ORS 813.010.
     (2) The registration of the following
vehicles shall be ordered suspended under this section:
     (a) Any vehicle required to be registered
by the department of which the convicted person is the owner.
     (b) Any vehicle required to be registered
by the department which the convicted person is operating at the time of the
personÂ’s arrest.
     (3) A court may not issue an order to
suspend the registration under this section for more than 120 days.
     (4) Upon issuing an order to suspend the
registration under this section, a court shall issue a copy of the order to the
department for suspension according to ORS 809.020.
     (5) The court may order, under this
section, the department to suspend the registration of a motor vehicle of which
the convicted person is not the owner only if the court is satisfied by clear
and convincing evidence that the owner knew or had good reason to know that the
convicted person:
     (a) Did not have a valid license and knowingly
consented to the operation of the vehicle by the convicted person; or
     (b) Was operating the vehicle while under
the influence of intoxicants. [1983 c.338 §386; 1985 c.16 §202; 1985 c.173 §6;
1987 c.730 §13; 1991 c.407 §30]
     809.020
Response to court-ordered suspension. When the Department of Transportation
receives an order from a court to suspend the registration of a vehicle, the
department shall respond to the order as provided in this section based on the
type of suspension. If the court orders the suspension of registration under:
     (1) ORS 809.120, the department shall
impose the suspension as recommended by the court.
     (2) ORS 809.010, the department shall
forthwith suspend the registration and require the owner to return the
registration card and plates. When the department suspends a registration under
this subsection the department shall:
     (a) Destroy the registration card and
plates; and
     (b) Issue a new registration card and new
plates to the owner upon expiration of the period specified by the court in its
order upon payment by the owner to the department of a restoration fee
established under ORS 809.030. The department may not charge the owner any fee
for the card and plates other than the restoration fee.
     (3) ORS 809.130, the department, after
opportunity for hearing under ORS 809.040, shall suspend the registration of
the personÂ’s employerÂ’s vehicles, until notified by the court to reinstate the
registration and until the department receives proof of compliance with future
responsibility filings from the employer, if the department determines that all
of the following apply:
     (a) A judgment of the type described under
ORS 806.040 was rendered against the person.
     (b) The judgment has remained unsettled as
described by ORS 809.470 for 60 days.
     (c) The judgment continues to be
unsettled.
     (d) At the time of the accident that is
the source of the judgment, the employee was driving, with the permission of
the employer, a vehicle owned, operated or leased by the employer. [1983 c.338 §284;
1985 c.16 §116; 1999 c.359 §2]
     809.030
Restoration fee. The
restoration fee for registration suspended under ORS 809.020 based on a court
order under ORS 809.010 is $10. [1983 c.338 §292]
     809.040
Hearing; notice; judicial review. (1) When a hearing is required under ORS 809.020 or 809.050, the
Department of Transportation shall afford a person an opportunity of a hearing
before the department suspends or revokes vehicle registration. A hearing
described by this subsection is subject to all of the following:
     (a) Before the hearing, the department
shall provide the person with notice meeting the requirements under ORS
809.430.
     (b) The hearing, if requested, shall be in
the county wherein the person resides unless the person and the department
agree to hold it elsewhere.
     (c) The hearing shall be conducted as a
contested case in accordance with ORS chapter 183.
     (d) The hearing shall be conducted by an
administrative law judge assigned from the Office of Administrative Hearings
established under ORS 183.605.
     (2) The hearing requirements under this
section do not apply in any case where the department finds a serious danger to
the public safety and sets forth specific reasons for such finding.
     (3) Judicial review of orders suspending
or revoking registration under this section shall be as provided in ORS chapter
183. [1983 c.338 §283; 1985 c.16 §115; 1985 c.401 §12; 1999 c.849 §§184,185;
2003 c.75 §65]
     809.050
Revocation or suspension of registration of employer for failure to make future
responsibility filing. (1)
If an employer is required to make future responsibility filings by ORS 806.200
and fails to make the filings, the Department of Transportation shall revoke or
suspend the vehicle registration of vehicles owned by the employer until the
owner:
     (a) Makes accident reports as required
under ORS 811.730; and
     (b) Makes future responsibility filings.
     (2) The department shall provide an
opportunity for a hearing described under ORS 809.040 before suspending or
revoking registration under this section. [1983 c.338 §286]
     809.060 [1983 c.338 §287; 1985 c.16 §118; 1993 c.751
§104; renumbered 809.135 in 2005]
     809.070 [1983 c.338 §289; 1985 c.16 §119; 1991 c.459
§438j; repealed by 1993 c.751 §106]
     809.080
Failure to return suspended registration; penalty. (1) A person commits the offense of failure
to return suspended registration if the person has vehicle registration
suspended and the person fails to immediately return to the Department of
Transportation any registration plates or registration card issued to the
person under the suspended registration.
     (2) If any person fails to return
registration plates or cards as required by this section, the department may
request any peace officer to secure possession thereof and return it to the
department.
     (3) The offense described in this section,
failure to return suspended registration, is a Class C misdemeanor. [1983 c.338
§291; 1985 c.16 §120; 1985 c.393 §6; 1985 c.401 §14]
     809.090
Cancellation of registration or title for failure to qualify. (1) The Department of Transportation may
cancel the registration or title or both of a vehicle if the department
determines that:
     (a) A holder is not entitled thereto; or
     (b) All fees applicable to a vehicle,
payable to the department under any provision of law have not been paid.
     (2) Before cancellation under this section
the department must give opportunity for a hearing upon 10 daysÂ’ notice. The
notice shall be served in person or by first class mail. [1983 c.338 §288; 1991
c.249 §73; 1993 c.233 §53; 1999 c.1009 §3]
     809.095
Cancellation of registration for false certification of compliance with
financial responsibility requirements. (1) The Department of Transportation may cancel the registration of,
or right to apply for registration for, any vehicle owned by a person if the
person falsely certifies compliance with financial responsibility requirements,
submits to the department unsatisfactory proof of such compliance or otherwise
fails to comply with financial responsibility requirements.
     (2) Cancellation under this section shall
continue until the person complies with any applicable financial responsibility
filing requirements. [1993 c.751 §103]
     809.100
Hearing on proposed cancellation or refusal; judicial review. (1) When the Department of Transportation proposes
to cancel or refuse to issue or renew title or registration, opportunity for
hearing shall be accorded as provided in ORS chapter 183.
     (2) Judicial review of orders under this
section shall be in accordance with ORS chapter 183. [1983 c.338 §282; 1985
c.16 §114; 1985 c.401 §11; 1993 c.233 §54]
     809.110
Failure to surrender canceled registration or title; penalty. (1) A person commits the offense of failure
to surrender canceled registration or title if the person holds any evidence of
registration or any evidence of title issued by the Department of
Transportation that the department has canceled and the person does not
surrender the evidence of registration or title to the department.
     (2) The offense described in this section,
failure to surrender canceled registration or title, is a Class A misdemeanor. [1983
c.338 §290; 1993 c.233 §55]
REGISTRATION,
DRIVING PRIVILEGES OR IDENTIFICATION CARD
     809.120
Court recommended suspension of registration or driving privileges for weight
violation. (1) In addition
to any other punishment imposed under ORS 818.040 a convicting court has
authority to recommend the suspension of the driving privileges of the operator
of the vehicle used to violate ORS 818.040 or the registration of the vehicle
if the vehicle is required to be registered by the Department of
Transportation. The authority of a court to recommend the suspension of driving
privileges or registration under this section is subject to the following:
     (a) Subject to paragraph (b) of this
subsection, the court may only recommend suspension for a period of up to 90
days.
     (b) For a second or subsequent violation
of ORS 818.040, within one year after the first conviction, the court shall
recommend the suspension for not less than 30 days nor more than 90 days.
     (2) Upon recommending a suspension under
this section, a court shall secure the license, driver permit or registration
plates recommended suspended and shall immediately forward them to the
department with the recommendation of suspension as provided under ORS 809.275.
     (3) Upon receipt of an order under this
section, the department shall proceed as provided under ORS 809.020 or 809.280.
[1983 c.338 §390; 1985 c.16 §207; 1991 c.407 §31]
     809.130
Suspension or revocation of registration or driving privileges for unsettled
judgment. (1) If a court
notifies the Department of Transportation under this section that a judgment
remains unsettled as described by ORS 809.470, the department must initiate
action to determine whether to suspend or revoke driving privileges under ORS
809.415 or vehicle registration of the employer under ORS 809.020. A court
shall immediately give the department notice of an unsettled judgment under
this section if:
     (a) A judgment of the type described under
ORS 806.040 is rendered against a person by a court of this state;
     (b) The person fails within 60 days to
settle the judgment in the manner required under ORS 809.470; and
     (c) The judgment creditor or the judgment
creditorÂ’s attorney makes a written request for forwarding to the department a
certificate stating the judgment has not been settled as described in ORS
809.470.
     (2) A court that has given the department
notice of an unsettled judgment under this section shall immediately forward to
the department a certificate stating that the judgment is appropriately settled
and describing the judgment and parties sufficiently for identification if:
     (a) The judgment is settled in the manner
required under ORS 809.470; and
     (b) The judgment debtor or the judgment
debtorÂ’s attorney makes a written request for forwarding to the department a
certificate stating the judgment has been settled as described in ORS 809.470.
     (3) The notice made to the department
under this section shall be given by the clerk of the court or, if the court
has no clerk, by the judge. [1983 c.338 §391; 1985 c.16 §208; 2003 c.402 §21]
     809.135
Refusal to issue, revocation or suspension of driving privileges,
identification card, registration or title for failure to use same name. The Department of Transportation may refuse
to issue, may revoke or may suspend any license, permit, identification card,
title or registration issued by the department or for which application is made
to the department if the department determines that the person issued or
applying for the license, permit, identification card, title or registration
has used one name in one application and another name in any other application.
[Formerly 809.060]
     809.140
Administrative review of suspension, revocation or cancellation of identification
card, registration or driving privileges. (1) Unless otherwise specifically provided by law, a person whose
identification card, vehicle registration or driving privileges are suspended,
revoked or canceled by the Department of Transportation is entitled to
administrative review of the action rather than to a formal hearing by the
department if the suspension, revocation or cancellation is based upon:
     (a) A conviction;
     (b) Notification from a court that the
court has suspended, revoked or canceled an identification card, registration
or privileges; or
     (c) Notice from a court to the department
to suspend, cancel or revoke.
     (2) Actions by the department based on
grounds other than those specified in subsection (1) of this section may be
subject to administrative review rather than a formal hearing if specifically
provided by law. [1991 c.702 §2; 1993 c.627 §1]
     809.200 [1983 c.338 §389; repealed by 1987 c.730 §23]
DRIVING
PRIVILEGES
(Court-Ordered
or Recommended Restrictions, Suspensions, Revocations or Denials)
     809.210
Suspension or restriction of driving privileges for failure to pay fine or obey
court order; exceptions. (1)
A court may do any of the following if the defendant is convicted of any
traffic offense and fails or refuses to pay a fine imposed by the judge or to
comply with any condition upon which payment of the fine or any part of it was
suspended:
     (a) Issue notice to the Department of
Transportation to implement procedures under ORS 809.416.
     (b) Order a defendant’s driving privileges
restricted.
     (2) The authority granted in this section
is in addition to or instead of any other method authorized by law for
enforcing a court order.
     (3) If a court places restrictions on
driving privileges under this section:
     (a) The judge shall immediately advise the
department of the restrictions.
     (b) Upon removal of such restriction, the
court shall notify the department that the restriction is ended.
     (c) The restriction shall remain in effect
until ended by the court.
     (d) The department shall take action as
provided under ORS 807.120 on restrictions imposed under this section.
     (e) The restrictions may include any
restriction, condition or requirement.
     (f) Violation of the restriction is
punishable as provided under ORS 807.010.
     (4) If a judge issues notice to implement
procedures under ORS 809.416 as provided under this section:
     (a) The judge shall immediately send to
the department notice upon payment of the fine as ordered.
     (b) The department shall take action on
the suspension as provided under ORS 809.416.
     (5) A court shall not issue notice under
this section to implement procedures under ORS 809.416 for failure to pay a
fine relating to any parking offense, pedestrian offense or bicycling offense. [1983
c.338 §387; 1985 c.16 §203; 1985 c.669 §13; 1991 c.702 §5; 1993 c.751 §54]
     809.220
Failure to appear; suspension or other procedures. This section establishes procedures that are
applicable if a person fails to appear on a citation for a traffic offense or
for a violation of ORS 471.430. All of the following apply to this section:
     (1) If a defendant fails to make any
appearance required by the court or by law in a proceeding charging the
defendant with a traffic offense or with a violation of ORS 471.430, the court:
     (a) Shall issue notice to the Department
of Transportation to suspend for failure to appear if the defendant is charged
with a traffic crime or with a violation of ORS 471.430. If a court issues
notice under this paragraph, the department shall suspend the driving privileges
of the person as provided under ORS 809.280.
     (b) Shall issue notice to the department
to implement procedures under ORS 809.416 if the defendant is charged with a
traffic violation. If a court issues notice under this paragraph, the
department shall implement procedures under ORS 809.416.
     (2) In any notice to the department under
this section, a court shall certify that the defendant failed to appear in the
proceedings in the manner required by the court or by law.
     (3) At any time within 10 years from the
date of a notice to suspend for failure to appear given to the department under
this section, a court shall give a second notice to the department to terminate
a suspension resulting from the original notice if any of the following occur:
     (a) The base fine amount or fine set by
the court is paid.
     (b) The court finds the defendant not
guilty or orders a dismissal of the case.
     (c) The court determines that the
suspension for failure to pay or appear should be terminated for good cause.
     (4) Notifications by a court to the
department under this section shall be in a form prescribed by the department.
     (5) A court shall not notify the
department under this section for failure to appear on any parking, pedestrian
or bicyclist offense. [1983 c.338 §393; 1985 c.16 §209; 1985 c.669 §15; 1989
c.161 §1; 1991 c.702 §6; 1995 c.142 §3; 1999 c.1051 §281; 2001 c.817 §1; 2001
c.823 §27; 2007 c.127 §3]
     809.230
Court suspension or revocation of nonresident driving privileges. A court may suspend or revoke the driving privileges
to operate a motor vehicle in this state of any nonresident for any cause for
which the driving privileges of a resident of this state may be suspended or
revoked. [1983 c.338 §394]
     809.235
Permanent revocation of driving privileges upon conviction of certain crimes; restoration
of privileges. (1)(a)
Notwithstanding ORS 809.409 (2), the court shall order that a personÂ’s driving
privileges be permanently revoked if the person is convicted of any degree of
murder or of manslaughter in the first degree and the court finds that the
person intentionally used a motor vehicle as a dangerous weapon resulting in
the death of the victim.
     (b) The court shall order that a person’s
driving privileges be permanently revoked if the person is convicted of felony
driving while under the influence of intoxicants in violation of ORS 813.010 or
if the person is convicted for a third or subsequent time of any of the
following offenses in any combination:
     (A) Driving while under the influence of
intoxicants in violation of:
     (i) ORS 813.010; or
     (ii) The statutory counterpart to ORS
813.010 in another jurisdiction.
     (B) A driving under the influence of
intoxicants offense in another jurisdiction that involved the impaired driving
of a vehicle due to the use of intoxicating liquor, a controlled substance, an
inhalant or any combination thereof.
     (C) A driving offense in another
jurisdiction that involved operating a vehicle while having a blood alcohol
content above that jurisdictionÂ’s permissible blood alcohol content.
     (c) For the purposes of paragraph (b) of
this subsection, a conviction for a driving offense in another jurisdiction
based solely on a person under 21 years of age having a blood alcohol content
that is lower than the permissible blood alcohol content in that jurisdiction
for a person 21 years of age or older does not constitute a prior conviction.
     (2)(a) A person whose driving privileges
are revoked as described in subsection (1) of this section may file a petition
in the circuit court of the county in which the person resides for an order
restoring the personÂ’s driving privileges. A petition may be filed under this
subsection no sooner than 10 years after the person is:
     (A) Released on parole or post-prison
supervision; or
     (B) Sentenced to probation if the
probation is not revoked and the person is thereafter discharged without the
imposition of a sentence of imprisonment.
     (b) The district attorney of the county in
which the person resides shall be named and served as the respondent in the
petition.
     (3) The court shall hold a hearing on a
petition filed in accordance with subsection (2) of this section. In
determining whether to grant the petition, the court shall consider:
     (a) The nature of the offense for which
driving privileges were revoked.
     (b) The degree of violence involved in the
offense.
     (c) Other criminal and relevant
noncriminal behavior of the petitioner both before and after the conviction
that resulted in the revocation.
     (d) The recommendation of the person’s
parole officer, which shall be based in part on a psychological evaluation
ordered by the court to determine whether the person is presently a threat to
the safety of the public.
     (e) Any other relevant factors.
     (4) If, after a hearing described in
subsection (3) of this section, the court is satisfied by clear and convincing
evidence that the petitioner is rehabilitated and that the petitioner does not
pose a threat to the safety of the public, the court shall order the petitionerÂ’s
driving privileges restored. [1993 c.761 §2; 1995 c.661 §2; 2001 c.786 §1; 2003
c.346 §2; 2003 c.402 §22; 2005 c.436 §1; 2007 c.879 §4]
     Note: Section 4, chapter 346, Oregon Laws 2003,
provides:
     Sec.
4. The amendments to ORS
809.235, 811.182 and 813.400 by sections 1 to 3 of this 2003 Act apply to persons
whose third conviction of misdemeanor driving while under the influence of
intoxicants occurs on or after the effective date of this 2003 Act [January 1,
2004]. [2003 c.346 §4]
     Note: Section 3, chapter 436, Oregon Laws 2005,
provides:
     Sec.
3. The amendments to ORS
809.235 and 813.400 by sections 1 and 2 of this 2005 Act apply to persons whose
third or subsequent conviction of misdemeanor driving while under the influence
of intoxicants occurs on or after the effective date of this 2005 Act [January 1,
2006]. [2005 c.436 §3]
     809.240
Court imposition of suspension or revocation; taking possession of license or
permit; temporary permit.
(1) If a person is convicted of an offense that will result in mandatory
suspension or revocation under ORS 809.409, 809.411, 809.413, 813.400 or
813.403, the trial judge shall:
     (a) Impose the revocation or suspension at
the time of conviction for the required period; and
     (b) Comply with the requirements under ORS
809.275 to take possession of the license or driver permit of the person.
     (2) When necessary to give full effect to
this section, a court shall issue a temporary driver permit under ORS 807.320. [1983
c.338 §395; 1985 c.16 §210; 1991 c.185 §5; 2003 c.402 §23]
     809.250 [1983 c.338 §396; 1985 c.669 §14; 1987 c.730
§14; 1993 c.751 §55; renumbered 809.275 in 2005]
     809.260
Denial of driving privileges for convicted juvenile. (1) Whenever a person who is 17 years of age
or younger, but not younger than 13 years of age, is convicted of any offense
described in this subsection or determined by a juvenile court to have
committed one of the described offenses, the court in which the person is
convicted shall prepare and send to the Department of Transportation, within 24
hours of the conviction or determination, an order of denial of driving
privileges for the person so convicted. This subsection applies to ORS 166.370
and to any offense involving the delivery, manufacture or possession of
controlled substances.
     (2) Whenever a person who is 20 years of
age or younger, but not younger than 13 years of age, is convicted of any
offense described in this subsection or determined by a juvenile court to have
committed one of the described offenses, the court in which the person is
convicted shall prepare and send to the Department of Transportation, within 24
hours of the conviction or determination, an order of denial of driving
privileges for the person so convicted. This subsection applies to any offense
involving the possession, use or abuse of alcohol.
     (3) If a court has issued an order of
denial of driving privileges under this section, the court, upon petition of
the person, may review the order and may withdraw the order at any time the
court deems appropriate except as provided in the following:
     (a) A court may not withdraw an order for
a period of 90 days following the issuance of the order if it is the first such
order issued with respect to the person.
     (b) A court may not withdraw an order for
a period of one year following the issuance of the order if it is the second or
subsequent such order issued with respect to the person.
     (c) Notwithstanding paragraph (a) of this
subsection, a court may not withdraw an order for a period of six months if the
order is based on a determination or conviction involving controlled
substances.
     (4) Upon receipt of an order under this
section, the department shall take action as directed under ORS 809.280. [1985
c.16 §206; 1991 c.835 §3; 1993 c.625 §6; 1999 c.1051 §88; 2007 c.359 §1]
     809.265
Suspension for inhalant or controlled substances conviction. (1) Unless the court finds compelling
circumstances not to order suspension of driving privileges, the court in which
a person is convicted of an offense described in this subsection shall prepare
and send to the Department of Transportation, within 24 hours of the
conviction, an order of suspension of driving privileges of the person. This
subsection applies when a person is convicted of:
     (a) Any offense involving manufacturing,
possession or delivery of controlled substances.
     (b) Driving while under the influence of
intoxicants in violation of ORS 813.010 or of a municipal ordinance if the
person was under the influence of an inhalant or a controlled substance.
     (2) Upon receipt of an order under this
section, the department shall take action as directed under ORS 809.280. [1991
c.835 §2; 1999 c.619 §7; 1999 c.1051 §139]
(Additional
Authority of Court)
     809.267
Additional fee upon notice of suspension or restriction. A court shall add a $15 fee to the judgment
in any case in which the court gives notice to the Department of Transportation
of the suspension or restriction of a defendantÂ’s driving privileges. The fee
shall be added to the judgment without further notice to the defendant or
further order of the court. This section applies to suspensions or restrictions
ordered by a court for failure of a person to comply with a court order or with
any conditions imposed by the court, for failure to pay a fine or for failure
to appear as required by ORS 153.061. [1995 c.142 §2; 1999 c.1051 §140; 2001
c.823 §26]
     809.270
Driver improvement course; enforcement by suspension or restriction of
privileges. (1) A court may
require that a defendant convicted of a traffic offense successfully complete,
within a time fixed by the judge, a defensive driving or other appropriate
driver improvement course conducted by the Department of Transportation or any
other rehabilitative program and may use the suspension or restriction of the
personÂ’s driving privileges or right to apply for driving privileges to enforce
the requirement by ordering:
     (a) The suspension until the defendant
successfully completes the program; or
     (b) The suspension or restriction if the
defendant fails to successfully complete the program.
     (2) The authority granted under this
section is in addition to any fine or imprisonment authorized by law, including
probation and suspension of imposition or execution of any sentence upon
conditions ordered by the court.
     (3) If a court places restrictions on
driving privileges under this section:
     (a) The judge shall immediately advise the
department of the restrictions in writing.
     (b) Upon removal of such restrictions, the
court shall notify the department in writing that the restriction is ended.
     (c) The restriction shall remain in effect
until ended by the court.
     (d) The department shall take action as
provided under ORS 807.120 on restrictions imposed under this section.
     (e) The restrictions may include any
restriction, condition or requirement.
     (f) Violation of the restriction is punishable
as provided under ORS 807.010.
     (4) If suspension is ordered under this
section:
     (a) The court shall so notify the
department and the department shall impose the suspension of the driving
privileges as provided under ORS 809.280.
     (b) The court shall notify the department
of reinstatement after any suspension ordered under this section.
     (c) The department shall take action on
the suspension or reinstatement as provided under ORS 809.280.
     (d) The judge shall comply with the
requirements under ORS 809.275 to take possession of the license or permit of
the person. [1983 c.338 §388; 1985 c.16 §204; 1993 c.18 §169]
(
     809.275
Court to take possession of license or permit; effective date of suspension or
revocation. (1) A court
shall take immediate possession of any license or driver permit held by a
defendant that is issued by any jurisdiction if the court imposes a suspension
under ORS 809.120, 809.240 or 809.270.
     (2) Upon taking possession of a license or
permit under this section, a court shall immediately forward to the Department
of Transportation the license or permit and a copy of the suspension or
revocation order or other information satisfactory to the department and to the
State Court Administrator.
     (3) A suspension or revocation of driving
privileges becomes effective on the date a court takes possession of a license
or permit under this section or orders the suspension or revocation. [Formerly
809.250]
     809.280
Department procedures following court order or recommendation; length of
suspension or revocation.
(1) This section establishes the procedures the Department of Transportation
shall follow when a court orders or recommends the suspension or revocation of
driving privileges. This section also establishes the period of time the
revocation or suspension will be effective.
     (2) When a court orders a suspension of
driving privileges under ORS 809.270, the department shall immediately make
proper entry in its files and records and take other action as necessary to
implement the order. The suspension shall remain in force until the department
is notified by the court that the suspension is ended, except that, if the
department is ordered to automatically restore the driving privileges upon the
successful completion of a program, the department shall do so and shall notify
the judge that the person has complied with the order of the judge.
     (3) When a court recommends a suspension
of driving privileges under ORS 809.120, the department shall impose the
suspension as recommended by the court.
     (4) When a court notifies the department
under ORS 809.130 of an unsettled judgment, the department shall suspend and,
subject to any other requirements of law, restore the driving privileges upon
appropriate notification from the court under ORS 809.130, except that the
department shall only impose the suspension after the department has determined
that:
     (a) The judgment was rendered against the
person;
     (b) The judgment has remained unsettled as
described in ORS 809.470 for 60 days; and
     (c) The judgment continues to be unsettled
as described in ORS 809.470.
     (5) When a court notifies the department
under ORS 419C.472 or 809.220 to suspend for failure to appear, the department
shall suspend the driving privileges of the person for an indefinite period.
The department shall terminate the suspension upon notification by the court or
upon the elapse of 10 years from the date of suspension. A suspension under
this subsection shall be placed on the defendantÂ’s driving record. The
department shall not suspend any driving privileges under this subsection for a
personÂ’s failure to appear on a parking, pedestrian or bicyclist offense.
     (6) When a court sends the department a
license or otherwise notifies the department under ORS 810.310, the department
shall suspend the driving privileges of the person for an indefinite period.
The department shall terminate the suspension ordered under this section upon
notification by the court or upon the lapse of 10 years from the date of
suspension, whichever comes first.
     (7) In addition to any other authority to
suspend driving privileges under the vehicle code, the department shall suspend
all driving privileges of any person upon receipt of an order of denial of
driving privileges under ORS 809.260. The suspension shall be imposed without
hearing. The driving privileges of the person shall be suspended as provided in
the following:
     (a) Upon receipt of the first order
denying driving privileges, the department shall impose a suspension for one
year, or until the person so suspended reaches 17 years of age, whichever is
longer.
     (b) Upon receipt of a second or subsequent
order denying driving privileges, the department shall suspend for one year or
until the person reaches 18 years of age, whichever is longer.
     (8) If the department receives notice from
a court that it has withdrawn an order issued under ORS 809.260, the department
shall immediately reinstate any driving privileges that have been suspended
under subsection (7) of this section because of the issuance of the order.
     (9) When a court orders suspension of
driving privileges under ORS 165.805 or 471.430, the department shall impose
the suspension as ordered by the court.
     (10) When a court orders a suspension of driving
privileges under ORS 809.265, the department shall immediately suspend all
driving privileges of the person. Upon receipt of an order suspending driving
privileges, the department shall impose a suspension for six months.
     (11) When a court orders revocation of
driving privileges as provided in ORS 809.235, the department shall impose the
revocation as ordered. The revocation shall remain in effect until the
department is notified by a court that the personÂ’s driving privileges have
been ordered restored.
     (12) When a court orders suspension of
driving privileges under ORS 811.109, the department shall impose the
suspension as ordered by the court.
     (13) When a court orders suspension of
driving privileges under ORS 811.135, the department shall immediately suspend
all driving privileges of the person for one year. [1983 c.338 §362; 1985 c.16 §177;
1985 c.597 §23; 1985 c.669 §12; 1987 c.730 §15; 1991 c.835 §4; 1991 c.860 §3;
1993 c.751 §57; 1993 c.761 §3; 1999 c.359 §3; 1999 c.770 §4; 2001 c.817 §8; 2005
c.491 §2; 2007 c.127 §4; 2007 c.784 §4]
     809.290 [1985 c.669 §6; 1991 c.702 §7; 1993 c.751 §58;
2003 c.402 §24; renumbered 809.416 in 2005]
     809.300 [1985 c.669 §7; repealed by 1991 c.702 §20]
(Cancellation,
Refusal to Issue, Suspension or Revocation)
     809.310
Cancellation or suspension of driving privileges; grounds; surrender of license
or permit; duration; reissuance of privileges. (1) The Department of Transportation may
cancel any driving privileges upon determining that the person is not entitled
to the driving privileges under the vehicle code. The department may reissue
driving privileges canceled under this subsection when the applicant has
satisfied all requirements for the driving privileges sought.
     (2) The department may cancel any driver
license or permit that contains any error or defect or that is found to have
been issued on the basis of false information given to the department.
Cancellation under this subsection is in addition to any suspension of driving
privileges authorized for the same conduct.
     (3) The department may suspend any driving
privileges or right to apply for privileges or any identification card or right
to apply for a card upon determining that the person issued or applying for the
driving privileges or identification card has committed any of the following
acts:
     (a) Failed to give the required or correct
information in the application for the driving privileges or for an
identification card, in violation of ORS 807.430 or 807.530.
     (b) Committed false swearing in making
application for the driving privileges in violation of ORS 807.520.
     (c) Used an invalid license or
identification card in violation of ORS 807.430 or 807.580.
     (d) Permitted misuse of license, permit or
identification card in violation of ORS 807.430 or 807.590.
     (e) Used the license, permit or
identification card of another in violation of ORS 807.430 or 807.600.
     (f) Produced identification cards,
licenses, permits, forms or camera cards in violation of ORS 807.500.
     (g) Transferred documents for the purpose
of misrepresentation in violation of ORS 807.510.
     (h) Given false information to a police
officer in violation of ORS 807.620.
     (4) Upon suspension or cancellation of
driving privileges under this section, a person whose privileges are suspended or
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.
     (5) To obtain driving privileges after the
period of suspension or cancellation under this section, a person must reapply
for driving privileges in the manner established by law. [1983 c.338 §345; 1985
c.393 §8; 1987 c.272 §1; 1993 c.393 §6]
     809.320
Cancellation on written request of parent or legal guardian. (1) If an applicant for driving privileges
must have a parent or legal guardian sign the application before the person
qualifies under ORS 807.060, that parent or legal guardian who has signed the
application may thereafter file with the Department of Transportation a written
request that the driving privileges of the person so granted be canceled.
     (2) The department shall cancel the
driving privileges of a person upon written request under this section if the
person is under 18 years of age. [1983 c.338 §346; 1985 c.16 §162; 2005 c.143 §2]
     809.330 [1983 c.338 §347; 1985 c.669 §11; 1991 c.702
§24; repealed by 1993 c.751 §106]
     809.340 [1985 c.396 §3; repealed by 1991 c.702 §20]
     809.350 [1985 c.396 §4; 1999 c.849 §§187,188;
repealed by 2001 c.294 §12]
     809.360
General provisions relating to suspension or revocation of driving privileges. (1) For purposes of determining whether
grounds exist for revoking or suspending driving privileges, an unvacated
forfeiture of bail in another state equals a conviction.
     (2) A suspension or revocation of driving
privileges ordered by a court shall run concurrently with any mandatory
suspension or revocation ordered by the Department of Transportation and
arising out of the same conviction.
     (3) Judicial review of orders denying,
suspending or revoking a license, except where such suspension or revocation is
mandatory, shall be as provided in ORS chapter 183.
     (4) Whenever the department or a court has
reason under any laws of this state to suspend or revoke the driving privileges
of any person who does not hold current driving privileges to operate motor
vehicles or whose driving privileges are due to expire during a suspension
period, the department or court shall suspend or revoke the right of such
person to apply for driving privileges to operate motor vehicles in this state.
A suspension or revocation of a right to apply for driving privileges under
this subsection shall be for the period provided by law.
     (5) Whenever the department or a court has
reason under any laws of this state to suspend the commercial driver license of
any person who does not hold a current commercial driver license or whose
commercial driver license is due to expire during a suspension period, the
department or court shall suspend the right of such person to apply for a
commercial driver license in this state. A suspension of a right to apply for a
commercial driver license under this subsection shall be for the period
provided by law. [1983 c.338 §348; 1987 c.272 §2; 1989 c.636 §34; 1999 c.1051 §282;
2003 c.14 §487; 2007 c.122 §6]
     809.370 [1983 c.338 §349; 1985 c.16 §163; 1991 c.317
§1; 2003 c.402 §25; renumbered 809.412 in 2005]
     809.380
Period of suspension; effect; reinstatement; fee. All of the following apply to a person whose
driving privileges have been suspended:
     (1) The period of suspension shall last as
long as provided for that particular suspension by law.
     (2) During the period of suspension, the
person is not entitled to exercise any driving privileges in this state except as
provided under this subsection. Unless otherwise specifically provided by law,
a person whose driving privileges are suspended may obtain, if the person
qualifies, a hardship driver permit under ORS 807.240, and exercise driving
privileges under the driver permit.
     (3) Upon expiration of the suspension, the
Department of Transportation shall reissue, upon request of the person, the
suspended driving privileges and any license or driver permit that evidences
the driving privileges. The reissuance shall be without requalification by the
person except that the department may require the person to furnish evidence
satisfactory to the department that the person is qualified to continue to
exercise driving privileges in this state before the department reissues the
driving privileges.
     (4) The department may not issue any
driving privileges in contradiction to this section.
     (5) If the person fails to surrender to
the department any license or driver permit issued as evidence of driving
privileges that are suspended, the person is subject to the penalties under ORS
809.500.
     (6) No reinstatement of suspended driving
privileges will be made by the department until the fee for reinstatement of
suspended driving privileges established under ORS 807.370 is paid to or waived
by the department. The department may waive the reinstatement fee for any of
the following reasons:
     (a) The suspension occurred under ORS
809.419 for failure to take an examination upon request of the department under
ORS 807.340.
     (b) The suspension occurred under ORS
809.419 for failure to obtain required medical clearance upon request of the
department under ORS 807.070 or 807.090.
     (c) The suspension occurred under ORS
809.419 for incompetence to drive a motor vehicle or having a mental or physical
condition or impairment that affects the personÂ’s ability to safely operate a
motor vehicle.
     (d) The suspension occurred under ORS
809.419 upon notification by the superintendent of a hospital under ORS 807.700
that a person should not drive.
     (e) The suspension occurred under ORS
809.419 upon notification by a court under ORS 810.375 that a person charged
with a traffic offense has been found guilty except for insanity.
     (f) The department committed an error in
issuing the suspension.
     (g) The suspension was the result of an
error committed by an insurance company in issuing or failing to issue a
certification of insurance or in canceling a certification of insurance filed
with the department under ORS 806.270.
     (h) The department issued the suspension
without error because the person failed to respond as required under ORS
806.160 or to furnish proof of exemption under ORS 806.210 from the filing
requirement of ORS 806.200, but the department later determines that the person
in fact was in compliance with financial responsibility requirements as of the
date of the departmentÂ’s letter of verification under ORS 806.150 or at the
time of an accident described in ORS 806.200.
     (i) The department issued the suspension
without error because the person was not in compliance with financial
responsibility requirements as of the date of the departmentÂ’s letter of
verification under ORS 806.150 or at the time of an accident described in ORS
806.200, but the department later determines that the person reasonably and in
good faith believed that the person was in compliance with financial
responsibility requirements on the date of the departmentÂ’s letter of
verification or at the time of the accident.
     (j) The suspension was the result of an
error committed by an insurance company in notifying the department regarding
the correctness of a certification under ORS 806.150.
     (k) The suspension occurred because the
person failed to make future responsibility filings but the department later
determines that the reason for the failure was that the person was a military
reservist or a member of a national guard unit that was ordered to active
military duty to a location outside of the
     (L) The department issued the suspension
without error because the department received a notice to suspend from a court
under ORS 809.210 or 809.220, but the department later determines that the
person in fact was in compliance with the requirements of the court prior to
the effective date of the suspension. [1983 c.338 §350; 1985 c.16 §164; 1985
c.173 §1; 1985 c.393 §9; 1985 c.669 §17a; 1985 c.714 §8; 1987 c.137 §3; 1987
c.258 §8; 1987 c.272 §3; 1987 c.801 §7; 1989 c.224 §139; 1991 c.474 §1; 2003
c.402 §26; 2005 c.104 §1; 2005 c.140 §3]
     809.390
Period of revocation; effect; reinstatement; fee. All of the following apply to a person whose
driving privileges have been revoked:
     (1) The period of revocation shall last as
long as required for the revocation by law.
     (2) During the period of revocation, the
person is not entitled to exercise any driving privileges in this state or to
apply for or receive any driving privileges in this state except when a person
who has been determined to be a habitual offender is permitted to obtain
driving privileges under a probationary driving permit as described under ORS
807.270 and 809.650. This subsection prohibits the issuance of any driver
permit, including a hardship permit described under ORS 807.240, to a person
whose driving privileges or right to apply for driving privileges are revoked
except as provided for the probationary driving permit under ORS 807.270.
     (3) Upon expiration of the revocation
period, the person must reapply for driving privileges in the manner
established by law and must reestablish the personÂ’s eligibility for issuance
of driving privileges. If driving privileges are revoked because the person is
a habitual offender, the person must meet the additional eligibility
requirements for reinstatement of driving privileges under ORS 809.650 and
809.660.
     (4) The Department of Transportation may
issue new driving privileges to a person before the expiration of the
revocation period if the person is otherwise entitled to be issued driving
privileges and when, with reference to a conviction upon which the revocation
was based, the Governor has pardoned the person of the crime.
     (5) The department shall not issue any
driving privileges in contradiction to this section.
     (6) If the person fails to surrender to
the department any license or driver permit issued as evidence of driving
privileges that are revoked, the person is subject to the penalty under ORS
809.500.
     (7) No reinstatement of revoked driving
privileges will be made by the department until the fee for reinstatement of
revoked driving privileges established under ORS 807.370 is paid to or waived
by the department. The department may waive the reinstatement fee if the
department committed an error in issuing the revocation. [1983 c.338 §351; 1985
c.16 §165; 1985 c.393 §10; 1985 c.669 §1; 1987 c.801 §8]
     809.400
Suspension or revocation for out-of-state conviction. (1)(a) Except as otherwise provided in paragraph
(b) of this subsection, the Department of Transportation may suspend or revoke
the driving privileges of any resident of this state upon receiving notice of
the conviction of such person in another jurisdiction of an offense therein
that, if committed in this state, would be grounds for the suspension or
revocation of the driving privileges of the person. A suspension or revocation
under this subsection shall be initiated within 30 days of receipt of notice of
the conviction. Violation of a suspension or revocation imposed under this
subsection shall have the same legal effects and consequences as it would if
the offense committed in the other jurisdiction had been committed in this
jurisdiction.
     (b) The department may not suspend or
revoke driving privileges under this subsection unless notice of conviction is
received within 180 days of the date of the conviction.
     (2) The department may suspend or revoke
the driving privileges of any resident of this state upon receiving notice from
another state, territory, federal possession or district or
     (a) Compliance with the law of the other
jurisdiction or the restoration of driving privileges in that jurisdiction.
     (b) That the revocation or suspension in
the other jurisdiction was not under circumstances that would require the
department to suspend or revoke the driving privileges of the person under the
laws of this state.
     (3) A person is entitled to administrative
review of a suspension under this section. [1983 c.338 §352; 1987 c.272 §4;
1987 c.730 §16; 1989 c.171 §90; 1989 c.398 §1; 1989 c.636 §35; 1991 c.595 §1;
1991 c.702 §11; 2005 c.649 §24]
     809.404
Disqualification from holding commercial driver license. (1) The Department of Transportation shall
suspend a personÂ’s commercial driver license or right to apply for a commercial
driver license if the person is disqualified from holding a commercial driver
license under this section. A person is entitled to administrative review under
ORS 809.440 of a suspension under this section.
     (2) A person is disqualified from holding
a commercial driver license if the person has two or more of any of the
following in any combination:
     (a) A record of conviction for driving
while under the influence of intoxicants under ORS 813.010 and the person was
driving a motor vehicle or a commercial motor vehicle at the time of the
offense.
     (b) A suspension of the person’s
commercial driver license under ORS 813.410 for refusal to submit to a test
under ORS 813.100 and the person was driving a motor vehicle or a commercial
motor vehicle at the time of the offense.
     (c) A suspension of the person’s
commercial driver license under ORS 813.410 because the person submitted to a
breath or blood test and the personÂ’s blood, as shown by the test, had 0.04
percent or more by weight of alcohol and the person was driving a commercial
motor vehicle at the time of the offense.
     (d) A record of conviction under ORS
811.700 or 811.705 of failure to perform the duties of a driver and the person
was driving a motor vehicle or a commercial motor vehicle at the time of the
offense.
     (e) A record of conviction of a crime
punishable as a felony, other than a felony described in subsection (3) of this
section, and the person was driving a motor vehicle or a commercial motor
vehicle at the time of the offense.
     (f) A record of conviction for driving a
commercial motor vehicle while, as a result of prior violations committed while
driving a commercial motor vehicle, the personÂ’s commercial driver license had
been suspended or revoked.
     (g) A record of conviction of any degree
of murder, manslaughter or criminally negligent homicide resulting from the
operation of a commercial motor vehicle or assault in the first degree
resulting from the operation of a commercial motor vehicle.
     (3) A person is disqualified from holding
a commercial driver license if the person has a record of conviction for a
crime punishable as a felony that involves the manufacturing, distributing or
dispensing of a controlled substance, as defined in ORS 475.005, and in which a
motor vehicle or a commercial motor vehicle was used. Notwithstanding
subsection (4) of this section, the department may not issue or reinstate a
commercial driver license for the lifetime of a person whose commercial driver
license is suspended under this subsection.
     (4) Ten years after a person is disqualified
from holding a commercial driver license under subsection (2) of this section,
or 10 years after receiving a lifetime suspension under ORS 809.413 (1), (2),
(4) or (5), the person may apply to the department for the right to apply for a
commercial driver license or for reinstatement of the personÂ’s commercial
driver license. The department may issue or reinstate a commercial driver
license to a person who meets all other requirements for the issuance of a
commercial driver license if the department, in the discretion of the
department, finds good cause shown and finds that the person voluntarily
entered and successfully completed rehabilitation as approved by the
department.
     (5) Notwithstanding subsection (4) of this
section, if a person whose commercial driver license is issued or reinstated
under subsection (4) of this section receives a subsequent conviction or
suspension described in subsection (2) of this section, the department shall
suspend the personÂ’s commercial driver license or right to apply for a
commercial driver license for the lifetime of the person.
     (6) For the purposes of this section:
     (a) Second or subsequent records of
conviction or suspensions apply only if the convictions or suspensions arose
out of separate incidents.
     (b) A record of conviction or suspension
applies to a person who does not hold a commercial driver license only if the
person was driving a commercial motor vehicle at the time of the commission of
the offense. [2005 c.649 §13; 2007 c.122 §13]
     Note: Section 14, chapter 649, Oregon Laws 2005,
provides:
     Sec.
14. Section 13 of this 2005
Act [809.404] applies to:
     (1) Except as provided in subsection (2)
of this section, offenses committed before, on or after the effective date of
this 2005 Act [July 27, 2005] if the person was driving a commercial motor
vehicle at the time of the offense.
     (2) Offenses committed on or after the
effective date of this 2005 Act if the offense is not an offense described in
subsection (1) of this section or if the offense is the offense described in
section 13 (2)(f) of this 2005 Act. [2005 c.649 §14]
     809.405 [1989 c.715 §4; 1999 c.328 §7; repealed by
2001 c.176 §1]
     809.407
Suspension of commercial driver license for specified railroad crossing
violations. (1) The driver
of a commercial motor vehicle is subject to suspension of the driverÂ’s
commercial driver license upon conviction of any of the following:
     (a) Failure to stop for a railroad signal
in violation of ORS 811.455.
     (b) Failure to follow rail crossing
procedures for high-risk vehicles in violation of ORS 811.460.
     (c) Obstructing a rail crossing in
violation of ORS 811.475.
     (d) Failure of the operator of a
commercial motor vehicle to slow down and check that tracks are clear of an
approaching train in violation of ORS 811.462.
     (2) Upon receipt of a record of conviction
for an offense described in subsection (1) of this section, the Department of
Transportation shall suspend the convicted personÂ’s commercial driver license
for the following periods of time:
     (a) Sixty days, upon receipt of a first
record of conviction.
     (b) One hundred and twenty days, if
commission of a second offense and the conviction for a separate offense occur
within a three-year period.
     (c) One year, if commission of a third or
subsequent offense and two or more convictions for separate offenses occur
within a three-year period.
     (3) A person is entitled to administrative
review under ORS 809.440 of a suspension under this section. [2001 c.492 §2;
2003 c.402 §27]
     809.409
Revocation for conviction of crime. (1)(a) Upon receipt of a record of conviction of an offense described
in this section, the Department of Transportation shall revoke the driving
privileges of the person convicted.
     (b) A person is entitled to administrative
review under ORS 809.440 of a revocation under this section.
     (c) Except as otherwise provided in
subsections (2) and (3) of this section, the revocation shall be for a period
of one year from the date of revocation, except that the department may not
reinstate driving privileges of any person whose privileges are revoked under
this section until the person complies with future responsibility filings.
     (2) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of
aggravated vehicular homicide or any degree of murder, manslaughter or
criminally negligent homicide resulting from the operation of a motor vehicle
or assault in the first degree resulting from the operation of a motor vehicle,
except that the provisions of this subsection do not apply to a person whose
driving privileges are ordered revoked under ORS 809.235. A person whose
driving privileges are revoked under this subsection may apply for
reinstatement of driving privileges:
     (a) If the sentence for the offense
includes incarceration, eight years from the date the person is released from
incarceration for the offense; or
     (b) If the sentence does not include
incarceration, eight years from the date the department revoked the privileges
under this subsection.
     (3) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of
failure to perform the duties of a driver to injured persons under ORS 811.705.
The department shall revoke driving privileges under this subsection for a
period of five years if the court indicates on the record of conviction that a
person was killed as a result of the accident. The person may apply for
reinstatement of privileges five years after the date the person was released
from incarceration, if the sentence includes incarceration. If the sentence
does not include incarceration, the person may apply for reinstatement five
years from the date the revocation was imposed under this subsection.
     (4) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of
perjury or the making of a false affidavit to the department under any law of
this state requiring the registration of vehicles or regulating their operation
on the highways.
     (5) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of any
felony with a material element involving the operation of a motor vehicle. [2003
c.402 §2; 2007 c.867 §10]
     809.410 [1983 c.338 §353; 1985 c.16 §166; 1985 c.301
§1; 1985 c.393 §10a; 1985 c.396 §6; 1985 c.669 §2a; 1985 c.714 §6; 1987 c.137 §4;
1987 c.258 §9; 1987 c.262 §4; 1989 c.224 §140; 1989 c.636 §31; 1989 c.715 §6;
1991 c.702 §10; 1993 c.393 §7; 1993 c.400 §2; 1993 c.627 §3; 1993 c.761 §4;
1995 c.79 §370; 1995 c.253 §5; 1995 c.656 §6; 1995 c.661 §1; 1997 c.83 §3; 1999
c.789 §6; 1999 c.796 §1; 1999 c.1077 §9; 2001 c.176 §5; 2001 c.294 §5; 2001
c.492 §9; 2003 c.14 §488; 2003 c.115 §1; repealed by 2003 c.402 §§6a,43]
     809.411
Suspension for conviction of crime. (1)(a) Upon receipt of a record of conviction for an offense described
in this section, the Department of Transportation shall suspend the driving
privileges of the person convicted.
     (b) A person is entitled to administrative
review under ORS 809.440 of a suspension under this section.
     (c) Except as otherwise provided in
subsections (7), (8), (9) and (10) of this section, the suspension shall be for
the period of time described in Schedule I of ORS 809.428, except that the
department may not reinstate driving privileges of any person whose privileges
are suspended under this section until the person complies with future
responsibility filings.
     (2) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of any
degree of recklessly endangering another person, menacing or criminal mischief
resulting from the operation of a motor vehicle.
     (3) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of
reckless driving under ORS 811.140.
     (4) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of
failure to perform duties of a driver when property is damaged under ORS
811.700.
     (5) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of
fleeing or attempting to elude a police officer under ORS 811.540.
     (6) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of
reckless endangerment of highway workers under ORS 811.231 (1).
     (7) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of theft
under ORS 164.043, 164.045 or 164.055 when the theft was of gasoline. A
suspension under this subsection shall continue for a period of six months from
the date of suspension.
     (8) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of
criminal trespass under ORS 164.245 that involves the operation of a motor
vehicle. A suspension under this subsection shall continue for a period of six
months from the date of suspension.
     (9) The department shall take action under
subsection (1) of this section upon receipt of a record of conviction of an
offense described in ORS 809.310. A suspension under this subsection shall
continue for a period of one year from the date of the suspension.
     (10)(a) The department shall take action
under subsection (1) of this section upon receipt of a record of conviction of
assault in the second, third or fourth degree resulting from the operation of a
motor vehicle.
     (b) A person who is convicted of assault
in the second degree and whose driving privileges are suspended under this
subsection may apply for reinstatement of driving privileges eight years from
the date the person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the conviction does not
include incarceration, the person may apply for reinstatement of driving
privileges eight years from the date the department suspended the privileges
under this subsection.
     (c) A person who is convicted of assault
in the third degree and whose driving privileges are suspended under this
subsection may apply for reinstatement of driving privileges five years from
the date the person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the conviction does not include
incarceration, the person may apply for reinstatement of driving privileges
five years from the date the department suspended the privileges under this
subsection.
     (d) A person who is convicted of assault
in the fourth degree and whose driving privileges are suspended under this
subsection may apply for reinstatement of driving privileges one year from the
date the person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the conviction does not
include incarceration, the person may apply for reinstatement of driving
privileges one year from the date the department suspended the privileges under
this subsection. [2003 c.402 §3; 2005 c.403 §1]
     809.412
Authority of juvenile court for suspension or revocation under ORS 809.409 or
809.411. A determination by
a juvenile court that a child within its jurisdiction has committed any act
that is grounds for suspension or revocation of driving privileges under ORS
809.409 or 809.411 is equivalent to a conviction and the juvenile court has the
same authority to order suspensions of driving privileges and take other
actions in relation to the driving privileges of the child as other courts have
in relation to adult traffic offenders. [Formerly 809.370]
     Note: 809.412 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 809
or any series therein. See Preface to Oregon Revised Statutes for further
explanation.
     809.413
Suspension of commercial driver licenses; length of suspension. The Department of Transportation shall
suspend the commercial driver license of a person when the department receives
a record of conviction, notification or notice described in this section. A
person is entitled to administrative review under ORS 809.440 of a suspension
under this section. The department shall suspend the commercial driver license
when the department receives:
     (1) A record of conviction under ORS
811.700 or 811.705 of failure to perform the duties of a driver while operating
a motor vehicle or a commercial motor vehicle. A conviction under this
subsection shall result in:
     (a) A suspension for a period of one year
if:
     (A) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
     (B) The person was not driving a
commercial motor vehicle containing a hazardous material at the time of the
offense.
     (b) A suspension for a period of three
years if:
     (A) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
     (B) The person was driving a commercial
motor vehicle containing a hazardous material at the time of the offense.
     (c) Suspension of the commercial driver
license for the lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404.
     (2) A record of conviction of a crime
punishable as a felony involving the operation of a motor vehicle or a
commercial motor vehicle, other than the felony described in subsection (3) of
this section. A conviction under this subsection shall result in:
     (a) A suspension for a period of one year
if:
     (A) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
     (B) The person was not driving a
commercial motor vehicle containing a hazardous material at the time of the
offense.
     (b) A suspension for a period of three
years if:
     (A) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
     (B) The person was driving a commercial
motor vehicle containing a hazardous material at the time of the offense.
     (c) Suspension of the commercial driver
license for the lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404.
     (3) A record of conviction of a crime
punishable as a felony that involves the manufacturing, distributing or
dispensing of a controlled substance, as defined in ORS 475.005, and in which a
motor vehicle or commercial motor vehicle was used. A conviction under this
subsection shall result in a lifetime suspension of the personÂ’s commercial
driving license.
     (4) A record of conviction for driving a
commercial motor vehicle while, as a result of prior violations committed while
operating a commercial motor vehicle, the commercial driver license of the
driver had been suspended or revoked. A conviction under this subsection shall result
in:
     (a) A suspension for a period of one year
if:
     (A) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
     (B) The person was not driving a
commercial motor vehicle containing a hazardous material at the time of the
offense.
     (b) A suspension for a period of three
years if:
     (A) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
     (B) The person was driving a commercial
motor vehicle containing a hazardous material at the time of the offense.
     (c) Suspension of the commercial driver
license for the lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404.
     (5) A record of conviction of any degree
of murder, manslaughter or criminally negligent homicide resulting from the
operation of a commercial motor vehicle or assault in the first degree
resulting from the operation of a commercial motor vehicle. A conviction under
this section shall result in:
     (a) A suspension for a period of one year
if:
     (A) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
     (B) The person was not driving a
commercial motor vehicle containing a hazardous material at the time of the offense.
     (b) A suspension for a period of three
years if:
     (A) The person has not previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
     (B) The person was driving a commercial
motor vehicle containing a hazardous material at the time of the offense.
     (c) Suspension of the commercial driver
license for the lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404.
     (6) A record of conviction of a serious
traffic violation if the conviction occurred within three years of a previous
conviction for a serious traffic violation and if the convictions arose out of
separate incidents. A suspension under this subsection shall be:
     (a) For a period of 60 days if the
conviction is the personÂ’s second conviction for a serious traffic violation
within the three-year period.
     (b) For a period of 120 days if the conviction
is the personÂ’s third or subsequent conviction for a serious traffic violation
within the three-year period. A suspension imposed under this paragraph shall
be consecutive to any other suspension imposed for a serious traffic violation.
     (7) Notification that a person violated an
out-of-service order issued under ORS 813.050 or has knowingly violated any
other out-of-service order or notice. Notification under this subsection may
include, but not be limited to, a record of conviction and a record of a determination
by a state or federal agency with jurisdiction to make a determination that the
person has violated an out-of-service order or notice. A suspension under this
subsection shall be:
     (a) Except as provided in paragraph (b) of
this subsection, for a period of 90 days if the notification relates to the
personÂ’s first violation of an out-of-service order or notice.
     (b) For a period of one year if the
notification relates to the personÂ’s first violation of an out-of-service order
or notice and the person committed the violation while transporting hazardous
materials required to be placarded or while operating a motor vehicle designed
to transport 16 or more persons, including the driver.
     (c) Except as provided in paragraph (d) of
this subsection, for a period of three years if the notification relates to a
second or subsequent violation of an out-of-service notice or order that
occurred within a 10-year period.
     (d) For a period of five years if the
notification relates to a second or subsequent violation of an out-of-service
notice or order that occurred within a 10-year period and the person committed
the violation while transporting hazardous materials required to be placarded
or was operating a motor vehicle designed to transport 16 or more persons,
including the driver, regardless of the load or kind of vehicle involved in the
prior violation.
     (8) Notification from the Federal Motor
Carrier Safety Administration that a person in this state who holds a
commercial driver license in this state has been disqualified from operating a
commercial motor vehicle and that the disqualification is due to a
determination that the driving of that person constitutes an imminent hazard. A
suspension under this subsection shall be made immediately and for the period
prescribed by the Federal Motor Carrier Safety Administration, except that:
     (a) Notwithstanding any disqualification
hearings conducted by the Federal Motor Carrier Safety Administration, a
suspension under this subsection is subject to a post-imposition hearing under
ORS 809.440.
     (b) Notwithstanding the period of
suspension prescribed by the Federal Motor Carrier Safety Administration, a
suspension under this subsection may not exceed one year.
     (9) Notification from another jurisdiction
that the person failed to appear on a citation for a traffic offense or for a
violation in the other jurisdiction that, if committed in this state, would be
grounds for suspension under ORS 809.220, and the person held a commercial
driver license or was operating a commercial motor vehicle at the time of the
offense. A suspension under this subsection:
     (a) Shall end upon the earliest of five
years from the date of suspension or upon notification by the other
jurisdiction that the person appeared.
     (b) Shall be placed on the person’s
driving record regardless of whether another jurisdiction places the suspension
on the personÂ’s driving record.
     (c) May not be for a person’s failure to
appear on a parking, pedestrian or bicyclist offense.
     (10) Notification from another jurisdiction
that the person failed to pay a fine or obey an order of the court on a
citation for a traffic offense or for a violation in the other jurisdiction
that, if committed in this state, would be grounds for suspension under ORS
809.415 (4), and the person held a commercial driver license or was operating a
commercial motor vehicle at the time of the offense. A suspension under this
subsection:
     (a) Shall end upon the earliest of five
years from the date of suspension or upon notification by the other
jurisdiction that the person paid the fine or obeyed the order of the court.
     (b) Shall be placed on the person’s
driving record regardless of whether another jurisdiction places the suspension
on the personÂ’s driving record.
     (c) May not be for a person’s failure to
pay a fine or obey an order of the court on a parking, pedestrian or bicyclist
offense.
     (11) Notice of a conviction in another
jurisdiction of an offense that, if committed in this state, would be grounds
for the suspension of the personÂ’s commercial driver license. The period of
suspension under this subsection shall be the same as would be imposed on the
person if the conviction were for an offense committed in this state.
     (12) Notification from another
jurisdiction that a person who is a resident of this state and who holds a
commercial driver license has had commercial driving privileges suspended or
revoked in another jurisdiction for reasons that would be grounds for
suspension of the personÂ’s commercial driver license in this state. The period
of suspension under this subsection shall be the same as would be imposed on
the person if the violation were committed in this state. [2003 c.402 §4; 2005
c.649 §20]
     Note: Section 21, chapter 649, Oregon Laws 2005,
provides:
     Sec.
21. The amendments to ORS
809.413 by section 20 of this 2005 Act apply to:
     (1) Offenses committed before, on or after
the effective date of this 2005 Act [July 27, 2005] if:
     (a) The suspension period is enhanced
based on a prior offense as provided in ORS 809.413 (1), (2), (3) and (5) and
the person was driving a commercial motor vehicle at the time of the offense;
or
     (b) The offense is an offense described in
ORS 809.413 (6), (7), (11) or (12).
     (2) Offenses committed on or after the
effective date of this 2005 Act if the offense is an offense not described in
subsection (1) of this section or if the offense is an offense described in ORS
809.413 (4), (8), (9) and (10). [2005 c.649 §21]
     809.415
Suspensions for conduct involving judgments, financial responsibility,
dishonesty. (1)(a) The
Department of Transportation shall suspend the driving privileges of a person
who has a judgment of the type described under ORS 806.040 rendered against the
person if the person does not settle the judgment in the manner described under
ORS 809.470 within 60 days after its entry.
     (b) A suspension under this subsection
shall continue until the person does one of the following:
     (A) Settles the judgment in the manner
described in ORS 809.470.
     (B) Has an insurer that has been found by
the department to be obligated to pay the judgment, provided that there has
been no final adjudication by a court that the insurer has no such obligation.
     (C) Gives evidence to the department that
a period of seven years has elapsed since the entry of the judgment.
     (D) Receives from the court that rendered
the judgment an order permitting the payment of the judgment in installments.
     (c) A person is entitled to administrative
review under ORS 809.440 of a suspension under this subsection.
     (2)(a) The department shall suspend the
driving privileges of a person who falsely certifies the existence of a motor
vehicle liability insurance policy or the existence of some other means of
satisfying financial responsibility requirements or of a person who, after certifying
the existence of a motor vehicle liability insurance policy or other means of
satisfying the requirements, allows the policy to lapse or be canceled or
otherwise fails to remain in compliance with financial responsibility
requirements.
     (b) Notwithstanding paragraph (a) of this
subsection, the department may suspend under this subsection only if proof of
compliance with financial responsibility requirements as of the date of the
letter of verification from the department under ORS 806.150 is not submitted
within 30 days after the date of the mailing of the departmentÂ’s demand under
ORS 806.160.
     (c) A suspension under this subsection
shall continue until the person complies with future responsibility filings.
     (3)(a) The department shall suspend the
driving privileges of a person who fails to comply with future responsibility
filings whenever required under the vehicle code or fails to provide new proof
for future responsibility filings when requested by the department.
     (b) A suspension under this subsection
shall continue until the person complies with future responsibility filings.
     (c) A person whose initial obligation to
make future responsibility filings is not based upon a conviction or other
action by a court is entitled to a hearing under ORS 809.440 prior to a
suspension under this subsection. A person whose obligation to make future
responsibility filings is based upon a conviction or other action by a court is
entitled to administrative review under ORS 809.440 of a suspension under this
subsection. A person whose suspension under this subsection is based on lapses
in filing after the initial filing has been made is entitled to administrative
review under ORS 809.440.
     (4)(a) The department shall suspend
driving privileges when provided under ORS 809.416. The suspension shall
continue until the earlier of the following:
     (A) The person establishes to the
satisfaction of the department that the person has performed all acts necessary
under ORS 809.416 to make the person not subject to suspension.
     (B) Ten years from the date the suspension
is imposed if the suspension is imposed for a reason described in ORS 809.416
(1) or (2) or five years from the date the suspension is imposed if the
suspension is imposed for the reason described in ORS 809.416 (3).
     (b) A person is entitled to administrative
review under ORS 809.440 of a suspension under this subsection.
     (5) Upon determination by the department
that a person has committed an act that constitutes an offense described in ORS
809.310, the department may suspend any driving privileges or any
identification card of the person determined to have committed the act. A
suspension under this subsection shall continue for a period of one year. [2003
c.402 §5; 2007 c.127 §1]
     809.416
When person subject to suspension under ORS 809.415; duration. This section establishes circumstances that
will make a person subject to suspension under ORS 809.415 (4) and what a
person is required to do to make the person no longer subject to suspension.
The following apply as described:
     (1) A person is subject to suspension
under ORS 809.415 (4) if the Department of Transportation receives notice from
a court to apply this section under ORS 809.220. A person who is subject under
this subsection remains subject until the person presents the department with
notice issued by the court showing that the person is no longer subject to this
section or until 10 years have elapsed, whichever is earlier. This subsection
shall not subject a person to ORS 809.415 (4) for any pedestrian offense,
bicycling offense or parking offense. Upon receipt of notice from a court, the
department shall send a letter by first class mail advising the person that the
suspension will commence 60 days from the date of the letter unless the person
presents the department with the notice required by this subsection.
     (2) A person is subject to suspension
under ORS 809.415 (4) if the department receives notice from a court under ORS
809.210 that a person has failed to pay a fine or obey an order of the court. A
person who is subject under this subsection remains subject until the person
presents the department with notice issued by the court showing that the person
has paid the fine or obeyed the order of the court or until 10 years have
elapsed, whichever is earlier. This subsection shall not subject a person to
ORS 809.415 (4) for failure to pay a fine relating to any pedestrian offense,
bicycling offense or parking offense. Upon receipt of notice from a court, the
department shall send a letter by first class mail advising the person that the
suspension will commence 60 days from the date of the letter unless the person
presents the department with the notice required by this subsection.
     (3) A person is subject to suspension
under ORS 809.415 (4) if the person pays the department any fee or tax with a
bank check and the check is returned to the department as uncollectible or the
person tenders payment with a credit or debit card and the issuer of the card
does not pay the department. A person who is subject under this subsection
remains subject until the department receives the money for the fee or tax and
any fee charged by the department under ORS 802.170 or until five years have
elapsed, whichever is earlier. [Formerly 809.290; 2007 c.127 §2]
     Note: 809.416 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 809
or any series therein. See Preface to Oregon Revised Statutes for further
explanation.
     809.417
Suspension for conduct regarding accidents. (1)(a) The Department of Transportation shall suspend the driving
privileges of a person who fails to file an accident report required under ORS
811.725 or 811.730.
     (b) A suspension under this subsection
shall continue until the person files the required report or for five years
from the date of suspension, whichever is sooner.
     (2) The department shall suspend the
driving privileges of any person for a period of time required by this
subsection if the person is involved in a motor vehicle accident at any time
when the department determines the person has been operating a vehicle in
violation of ORS 806.010. A suspension under this subsection shall be for a
period of one year except that the department shall not reinstate any driving
privileges to the person until the person complies with future responsibility
filing requirements.
     (3)(a) The department may suspend the
driving privileges of a person who, while operating a motor vehicle, causes or
contributes to an accident resulting in death to any other person if the
department has reason to believe that the personÂ’s incompetence, recklessness,
criminal negligence or unlawful operation of the vehicle caused or contributed
to the accident.
     (b) A suspension under this subsection
shall continue for a period determined by the department and shall be subject
to any conditions the department determines to be necessary.
     (c) The department may impose an immediate
suspension of driving privileges of any person described in paragraph (a) of
this subsection without hearing and without receiving a record of the
conviction of the person of a crime if the department has reason to believe
that the person may endanger people or property if the personÂ’s driving
privileges are not immediately suspended. A suspension under this paragraph is
subject to a post-imposition hearing under ORS 809.440. [2003 c.402 §6; 2003
c.402 §6b]
     Note: Section 6c, chapter 402, Oregon Laws 2003,
provides:
     Sec.
6c. The amendments to
section 6 of this 2003 Act [809.417] by section 6b of this 2003 Act apply to
accidents occurring on or after the effective date of this 2003 Act [January 1,
2004]. [2003 c.402 §6c]
     809.419
Suspensions for physical or mental condition or impairment. (1)(a) The Department of Transportation
shall suspend the driving privileges of a person if the department requests the
person to submit to examination under ORS 807.340 and the person fails to
appear within a reasonable length of time after being notified to do so or
fails to satisfactorily complete the required examination. A suspension under
this subsection shall continue until the examination required by the department
is successfully completed.
     (b) Upon suspension under this subsection,
the department may issue an identification card to the person for identification
purposes as described under ORS 807.400.
     (2) The department shall suspend the
driving privileges of a person if the department requests the person to obtain
medical clearance under ORS 807.070 or 807.090 and the person fails to do so.
The suspension under this subsection shall continue until the required medical
clearance is received by the department.
     (3)(a) The department may suspend the
driving privileges of a person who is incompetent to drive a motor vehicle
because of a mental or physical condition or impairment that affects the personÂ’s
ability to safely operate a motor vehicle upon the highways.
     (b) A suspension under this subsection
shall continue for a period determined by the department and shall be subject
to any conditions the department determines to be necessary.
     (c) The department may impose an immediate
suspension of driving privileges of any person described in paragraph (a) of
this subsection without hearing and without receiving a record of the
conviction of the person of a crime if the department has reason to believe
that the person may endanger people or property if the personÂ’s driving
privileges are not immediately suspended. A suspension under this paragraph is
subject to a post-imposition hearing under ORS 809.440. A person who is denied
eligibility under ORS 807.090 is entitled to a hearing under ORS 809.440.
     (4)(a) Whenever the department has reason
to believe an individual with a motorcycle endorsement under ORS 807.170 is
incompetent to operate a motorcycle, the department may revoke the endorsement.
     (b) Upon revocation under this subsection,
the endorsed license shall be surrendered to the department.
     (c) Upon surrender of the endorsed
license, the department may issue a license without endorsement for the
unexpired period of the license.
     (5) Upon notification by the
superintendent of a hospital under ORS 807.700 that a person should not drive,
the department shall immediately suspend the driving privileges of the released
person. A suspension under this subsection is subject to administrative review
under ORS 809.440 and shall continue until such time as the person produces a
judicial judgment of competency or a certificate from the superintendent of the
hospital that the person is competent, or establishes eligibility under ORS
807.090.
     (6) Upon notification by a court under ORS
810.375 that a person charged with a traffic offense has been found guilty
except for insanity and committed to the jurisdiction of the Psychiatric
Security Review Board, the department shall immediately suspend the driving
privileges of the person. A suspension under this subsection is subject to
administrative review under ORS 809.440 and shall continue until such time as
the person establishes eligibility under ORS 807.090. [2003 c.402 §7; 2003
c.576 §566b; 2005 c.140 §4; 2007 c.195 §3]
     809.420 [1983 c.338 §354; 1987 c.547 §1; 1989 c.401 §1;
2001 c.294 §7; 2003 c.402 §28; renumbered 809.428 in 2003]
     809.421
Suspensions for miscellaneous driving-related actions. (1)(a) The Department of Transportation may
suspend the driving privileges of a person who:
     (A) Is habitually incompetent, reckless or
criminally negligent in the operation of a motor vehicle; or
     (B) Commits a serious violation of the
motor vehicle laws of this state.
     (b) A suspension under this subsection
shall continue for a period determined by the department and shall be subject
to any conditions the department determines to be necessary.
     (c) The department may impose an immediate
suspension of driving privileges of any person described in paragraph (a) of
this subsection without hearing and without receiving a record of the
conviction of the person of a crime if the department has reason to believe
that the person may endanger people or property if the personÂ’s driving privileges
are not immediately suspended. A suspension under this paragraph is subject to
a post-imposition hearing under ORS 809.440.
     (2) Agreements entered under ORS 802.530
may establish grounds and procedures for the suspension of driving privileges.
     (3) The department immediately may suspend
the driving privileges of any person without hearing and without receiving a
record of the conviction of the person of a crime if the department receives
satisfactory evidence that the person has violated restrictions placed on the
personÂ’s driving privileges under ORS 807.120. A suspension under this
subsection shall be subject to a post-imposition hearing under ORS 809.440. A
suspension under this subsection shall continue for a period determined by the
department, but in no event for longer than one year, and shall be subject to
any conditions the department determines to be necessary. [2003 c.402 §8]
     809.423
Suspensions for nondriving-related actions by minors. (1) Upon request by a school superintendent
or a school district board under ORS 339.254, the Department of Transportation
shall suspend the driving privileges of a person. The suspension shall be for
the amount of time stated in the request. A person is entitled to
administrative review under ORS 809.440 of a suspension under this subsection.
     (2) Upon receipt of notification of a
court order that a personÂ’s driving privileges be suspended for violation of
ORS 167.401, the department shall suspend the driving privileges of the person
subject to the order for the time specified in the order. A person is entitled
to administrative review under ORS 809.440 of a suspension under this
subsection.
     (3) Upon receipt of a notice under ORS
339.257 that a person under 18 years of age has withdrawn from school, the
department shall notify the person that driving privileges will be suspended on
the 30th day following the date of the notice unless the person presents
documentation that complies with ORS 807.066. A suspension under this
subsection shall continue until the person reaches 18 years of age or until the
person presents documentation that complies with ORS 807.066. Appeals of a
suspension under this subsection shall be as provided by a school district or
private school under a policy adopted in accordance with ORS 339.257. [2003
c.402 §9]
     809.428
Schedule of suspension or revocation periods for certain offenses.
This section
establishes schedules of suspension or revocation periods. The schedules are
applicable upon conviction for the offense when made applicable under ORS
809.411 and 813.400. The schedules are as follows:
     (1) Schedule I. The suspension or
revocation periods under Schedule I are as provided in this subsection. The
period of suspension or revocation under this schedule shall be:
     (a) Ninety days for a first offense or for
any offense not described in paragraph (b) or (c) of this subsection.
     (b) One year for a second offense, where
the commission of the second offense and a conviction for a separate offense
occur within a five-year period. This paragraph applies to any combination of
offenses for which the length of suspension is determined under this
subsection.
     (c) Three years for a third or subsequent
offense where the commission of the third or subsequent offense and two or more
convictions for separate offenses occur within a five-year period. This
paragraph applies to any combination of offenses for which the length of
suspension is determined under this subsection.
     (2) Schedule II. The suspension or
revocation periods under Schedule II are as provided in this subsection. The
period of suspension or revocation under this schedule shall be:
     (a) One year for a first offense or for
any offense not described in paragraph (b) or (c) of this subsection.
     (b) Three years for a second offense,
where the commission of the second offense and a conviction for a separate
offense occur within a five-year period.
     (c) Three years for a third or subsequent
offense, where the commission of the third or subsequent offense and a
conviction for a separate offense occur within a five-year period. [Formerly
809.420]
     809.430
Notice of suspension, cancellation or revocation; contents; service. (1) When the Department of Transportation,
as authorized or required, suspends, revokes or cancels driving privileges, a
commercial driver license or the right to apply for driving privileges or a
commercial driver license, it shall give notice under this section of such
action to the person whose driving privileges, commercial driver license or
right to apply is affected.
     (2) Notice under this section shall state
the nature and reason for the action and, in the case of a suspension, whether
it was ordered by a court.
     (3) If violation of a suspension or
revocation would constitute the offense described in ORS 811.182, service of
notice of the suspension or revocation under this section is accomplished by:
     (a) Mailing the notice by certified mail,
restricted delivery, return receipt requested, to the personÂ’s address as shown
by driver licensing records of the department; or
     (b) Personal service in the same manner as
a summons is served in an action at law.
     (4) Service of notice under this section
for all other actions is accomplished by:
     (a) Mailing the notice by first class mail
to the personÂ’s address as shown by driver licensing records of the department;
or
     (b) Personal service in the same manner as
a summons is served in an action at law. [1983 c.338 §355; 1989 c.636 §36; 1989
c.801 §1; 1991 c.695 §1; 1993 c.741 §83]
     809.440
Hearing and administrative review procedures. This section establishes hearing and
administrative review procedures to be followed when the Department of
Transportation is required to provide a hearing or an administrative review of
an action.
     (1) When other procedures described under
this section are not applicable to a suspension or revocation under ORS 809.409
to 809.423, the procedures described in this subsection shall be applicable.
All of the following apply to this subsection:
     (a) The hearing shall be given before the
department imposes the suspension or revocation of driving privileges or
continues, modifies or extends a suspension or revocation.
     (b) Before the hearing, the department
shall notify the person in the manner described in ORS 809.430.
     (c) The hearing shall be in the county where
the person resides unless the person and the department agree otherwise.
     (d) Upon such hearing, the department,
good cause appearing therefor, may impose, continue, modify or extend the
suspension or revocation of the driving privileges.
     (e) The hearing shall be conducted by an
administrative law judge assigned from the Office of Administrative Hearings
established under ORS 183.605.
     (2) The following apply when
administrative review is provided under any statute or rule of the department:
     (a) An administrative review shall consist
of an informal administrative process to assure prompt and careful review by
the department of the documents upon which an action is based.
     (b) It shall be a defense to the
departmentÂ’s action if a petitioner can establish that:
     (A) A conviction on which the department’s
action is based was for an offense that did not involve a motor vehicle and the
departmentÂ’s action is permitted only if the offense involves a motor vehicle.
     (B) An out-of-state conviction on which
the departmentÂ’s action is based was for an offense that is not comparable to
an offense under
     (C) The records relied on by the
department identify the wrong person.
     (c) A person requesting administrative
review has the burden of showing by a preponderance of the evidence that the
person is not subject to the action.
     (d) Actions subject to administrative
review shall be exempt from the provisions of ORS chapter 183 applicable to
contested cases, and from the provisions of subsection (4) of this section
applicable to post-imposition hearings. A suspension, revocation or
cancellation shall not be stayed during the administrative review process or by
the filing of a petition for judicial review. A court having jurisdiction may
order the suspension, revocation or cancellation stayed pending judicial
review.
     (e) Judicial review of a department order
affirming a suspension or revocation after an administrative review shall be
available as for review of orders other than contested cases, and the department
may not be subject to default for failure to appear in such proceedings. The
department shall certify its record to the court within 20 days after service
upon the department of the petition for judicial review.
     (f) If the suspension or revocation is upheld
on review by a court, the suspension or revocation shall be imposed for the
length of time appropriate under the appropriate statute except that the time
shall be reduced by any time prior to the determination by the court that the
suspension or revocation was in effect and was not stayed.
     (g) The department shall adopt any rules
governing administrative review that are considered necessary or convenient by
the department.
     (3) When permitted under this section or
under any other statute, a hearing may be expedited under procedures adopted by
the department by rule. The procedures may include a limited time in which the
person may request a hearing, requirements for telephone hearings, expedited
procedures for issuing orders and expedited notice procedures.
     (4) When permitted under ORS 809.409 to
809.423, a hearing may be a post-imposition hearing under this subsection. A
post-imposition hearing is a hearing that occurs after the department imposes
the suspension or revocation of driving privileges or continues, modifies or
extends a suspension or revocation. All of the following apply to this
subsection:
     (a) The department must provide notice in
the manner described in ORS 809.430 before the suspension or revocation may
take effect.
     (b) Except as provided in this subsection,
the hearing shall be conducted as a contested case in accordance with ORS
chapter 183.
     (c) Unless there is an agreement between
the person and the department that the hearing be conducted elsewhere, the
hearing shall be held either in the county where the person resides or at any
place within 100 miles, as established by the department by rule.
     (5) The department has complied with a
requirement for a hearing or administrative review if the department has
provided an opportunity for hearing or review and the person with the right to
the hearing or review has not requested it. Any request for hearing or review
must be made in writing.
     (6) For any hearing described under this
section, and for administrative review described under this section, no further
notice need be given by the department if the suspension or revocation is based
upon a conviction and the court gives notice, in a form established by the
department, of the rights to a hearing or review and of the suspension or revocation.
[1985 c.669 §4 (enacted in lieu of 1983 c.338 §§356,357); 1987 c.437 §1; 1989
c.636 §37; 1991 c.702 §3; 1997 c.249 §225; 1999 c.770 §6; 1999 c.849 §§190,191;
2003 c.75 §66; 2003 c.402 §§29,30]
     809.450
Hearing for rescission of suspension for financial and future responsibility
violations; grounds. (1) If
a person whose driving privileges have been suspended for one of the reasons
specified in subsection (2) of this section requests that the suspension be
rescinded and specifies the reason for the request, the Department of
Transportation may provide a hearing to determine the validity of the
suspension. The department may rescind a suspension only as provided in
subsection (3) of this section.
     (2) This section applies to suspensions
under:
     (a) ORS 809.415 for failure to make a
future responsibility filing;
     (b) ORS 809.415 for false certification of
financial responsibility requirements; and
     (c) ORS 809.417 for involvement in a motor
vehicle accident when the department has determined that the person has been
operating a vehicle in violation of ORS 806.010.
     (3) The granting of a hearing under this
section shall not stay the suspension. However, the department shall rescind
the suspension if the department determines:
     (a) That an error was committed by the
department;
     (b) That the person in fact was in
compliance with financial responsibility requirements as of the date of the
departmentÂ’s letter of verification under ORS 806.150;
     (c) That an error was committed by an
insurance company in notifying the department regarding the correctness of a
certification under ORS 806.150;
     (d) That the person was not in compliance
with financial responsibility requirements as of the date of the departmentÂ’s
letter of verification under ORS 806.150 and the department also determines
that the person reasonably and in good faith believed that the person was in
compliance with financial responsibility requirements on the date of the
departmentÂ’s letter of verification and that the person currently is in
compliance with financial responsibility requirements; or
     (e) That at the time of the accident the
person reasonably and in good faith believed that the person was in compliance
with financial responsibility requirements and the person is currently in
compliance with financial responsibility requirements.
     (4) The hearing shall be held in the
manner provided in ORS 809.440. [1985 c.714 §11; 1987 c.258 §10; 2003 c.402 §31]
     809.460
Rescission of suspension or revocation upon appeal of underlying conviction. (1) Except as provided in subsection (4) of
this section, if a suspension or revocation of driving privileges is based upon
a conviction, the court that entered the judgment of conviction may direct the
Department of Transportation to rescind the suspension or revocation if:
     (a) The person has appealed the
conviction; and
     (b) The person requests in writing that
the court direct the department to rescind the suspension or revocation pending
the outcome of the appeal.
     (2) If directed by a court pursuant to
subsection (1) of this section to do so, the department shall immediately
rescind a suspension or revocation of driving privileges.
     (3) The court shall notify the department
immediately if the conviction is affirmed on appeal, the appeal is dismissed or
the appeal is not perfected within the statutory period. Upon receipt of notice
under this subsection, the department shall reimpose any suspension or
revocation that has been rescinded under this section.
     (4) If a person’s commercial driver
license was suspended under ORS 809.404, 809.413 or 813.403, the department
shall not rescind suspension of the personÂ’s commercial driver license because
the person has taken an appeal, unless the conviction is reversed on appeal. [1983
c.338 §359; 1985 c.16 §174; 1989 c.636 §38; 1993 c.751 §61; 1997 c.347 §1; 2003
c.402 §32; 2005 c.649 §17]
     809.470
When judgment considered settled for purposes of suspension requirements. (1) This section establishes when a judgment
described under ORS 806.040 is settled for purposes of ORS 809.130, 809.280 and
809.415. A judgment shall be deemed settled for the purposes described if any
of the following occur:
     (a) Payments in the amounts established by
the payment schedule under ORS 806.070 have been credited upon any judgment or
judgments rendered in excess of those amounts.
     (b) Judgments rendered for less than the
amounts established under ORS 806.070 have been satisfied.
     (c) The judgment creditor and the judgment
debtor have mutually agreed upon a compromise settlement of the judgment.
     (d) The judgment against the judgment
debtor has been discharged in bankruptcy.
     (2) Payments made in settlement of any
claims because of bodily injury, death or property damage arising from the
accident shall be credited in reduction of the amounts provided for in
subsection (1) of this section. [1983 c.338 §360; 1985 c.16 §175; 2003 c.175 §11;
2003 c.402 §33]
     809.480
Driver improvement programs; rules; purpose; suspension; fee. (1) The Department of Transportation may
establish, by administrative rule, programs for the improvement of the driving
behavior of persons who drive in this state. The programs shall have as their
goal the reduction of traffic convictions and especially accidents. The
programs may include, but need not be limited to, letters, interviews and
classroom instruction.
     (2) The department may establish programs
for persons who are under 18 years of age that are different from programs for
adults. Differences may include, but need not be limited to, differences in
criteria for entry into a program and differences in content.
     (3) The department, under a program
authorized by this section, may suspend driving privileges based on any of the
following:
     (a) A person’s record of convictions or
accidents.
     (b) A person’s failure or refusal to
complete or comply with a requirement of a program established by the
department under this section.
     (4) The department may charge a reasonable
fee to participants in a driver improvement program to cover costs of
administration.
     (5) Any suspension that the department
stays under a driver improvement program in this section shall continue for the
full term of the suspension if a person fails to complete the program. For
purposes of reinstating driving privileges, the stay of a suspension under this
section may not be used to determine the length of time a personÂ’s driving
privileges have been suspended if the person does not successfully complete the
program.
     (6) A person is entitled to administrative
review of a suspension imposed under this section if based on a conviction. [1983
c.338 §368; 1985 c.16 §190; 1991 c.702 §12; 2001 c.176 §2; 2003 c.402 §34]
     809.490
Suspension or revocation of driving privileges of nonresident driver; reports
to home state. (1) If the
defendant named in any certified copy of a judgment reported to the Department
of Transportation is a nonresident, the department shall transmit a certified
copy of the judgment to the official in charge of the issuance of licenses and
registrations of the state of which the defendant is a resident.
     (2) The department, upon receiving a
record of the conviction in this state of a nonresident driver of a motor
vehicle of any offenses under the motor vehicle laws of this state, may forward
a certified copy of such record to the motor vehicle administrator in the state
wherein the person so convicted is a resident.
     (3) The department may suspend or revoke
the driving privileges to operate a motor vehicle in this state of any
nonresident for any cause for which the driving privileges to operate a motor
vehicle of a resident of this state may be suspended or revoked.
     (4) If the driving privileges of a
nonresident are revoked or suspended, the department shall transmit a copy of
the record of such action to the official in charge of the issuance of licenses
in the state, territory, federal possession or district or province of Canada
in which the nonresident resides, if the law of the other jurisdiction provides
for action in relation thereto similar to that provided under ORS 809.400 for
residents of this state whose driving privileges are suspended or revoked in
another jurisdiction. [1983 c.338 §361; 1985 c.16 §176; 1985 c.173 §4]
     809.500
Failure to return suspended, revoked or canceled license; penalty. (1) A person commits the offense of failure
to return a suspended, revoked or canceled license if the person has driving
privileges suspended and the person fails to immediately return to the
Department of Transportation any license or driver permit issued by the
department.
     (2) If any person fails to return a
license or driver permit on suspension, revocation or cancellation of the
personÂ’s driving privileges, the department may request any peace officer to
secure possession thereof and return it to the department.
     (3) The offense described in this section,
failure to return a suspended, revoked or canceled license, is a Class C
misdemeanor. [1983 c.338 §363; 1985 c.16 §178; 1985 c.393 §11]
(Habitual
Offenders)
     809.600
Kinds of offenses and number of convictions. This section establishes the kinds of offenses and the number of
convictions necessary to revoke the driving privileges of a person as a
habitual offender under ORS 809.640. The kinds of offenses and the number of
convictions necessary to revoke driving privileges as a habitual offender are
as follows:
     (1) A person’s driving privileges shall be
revoked as a habitual offender if the person, within a five-year period, has
been convicted of three or more of any one or more of the following offenses as
evidenced by the records maintained by the Department of Transportation or by
the records of a similar agency of another state:
     (a) Any degree of murder, manslaughter,
criminally negligent homicide, assault, recklessly endangering another person,
menacing or criminal mischief resulting from the operation of a motor vehicle.
     (b) Driving while under the influence of
intoxicants under ORS 813.010.
     (c) Criminally driving a motor vehicle
while suspended or revoked, under ORS 811.182.
     (d) Reckless driving under ORS 811.140.
     (e) Failure to perform the duties of a
driver under ORS 811.700 or 811.705.
     (f) Fleeing or attempting to elude a
police officer under ORS 811.540.
     (g) Aggravated vehicular homicide under
ORS 163.149.
     (2) A person’s driving privileges shall be
revoked as a habitual offender if the person, within a five-year period, has
been convicted of 20 or more of any one or more of the following offenses as
evidenced by the records maintained by the department or by a similar agency of
another state:
     (a) Any offenses enumerated in subsection
(1) of this section.
     (b) Any offense specified in the rules of
the department adopted under ORS 809.605.
     (3) A person’s driving privileges shall
not be revoked under subsection (2) of this section until the personÂ’s 21st
conviction within a five-year period when the 20th conviction occurs after a
lapse of two years or more from the last preceding conviction.
     (4) The offenses described under this
section include any of the following:
     (a) Any violation of a traffic ordinance
of a city, municipal or quasi-municipal corporation that substantially conforms
to offenses described under this section.
     (b) Any violation of offenses under any
federal law or any law of another state, including subdivisions thereof, that
substantially conform to offenses described in this section. [1983 c.338 §365;
1985 c.16 §179; 1987 c.730 §17; 1987 c.887 §7; 1989 c.592 §6; 1991 c.601 §5;
1991 c.728 §4; 1995 c.209 §3; 1999 c.1051 §283; 2001 c.494 §1; 2007 c.867 §11]
     809.605
Determination of which offenses count; rules. The Department of Transportation shall adopt rules specifying which
traffic offenses count for the purpose of determining that a person is a
habitual offender under ORS 809.600 (2) because the person has been convicted
of 20 or more traffic offenses. [2001 c.494 §3]
     Note: Section 5, chapter 494, Oregon Laws 2001,
provides:
     Sec.
5. (1) A conviction obtained
prior to the operative date of the amendments to ORS 809.600 (2) by section 1
of this 2001 Act [January 1, 2002], for an offense specified in ORS 809.600 (2)
(1999 Edition) that is not an offense specified in rules of the Department of
Transportation adopted under section 3 of this 2001 Act [809.605], shall be
considered one of the 20 or more convictions required for habitual offender
status under the same circumstances the conviction would have been considered
if ORS 809.600 (2) had not been amended by section 1 of this 2001 Act.
     (2) A conviction obtained prior to the
operative date of section 3 of this 2001 Act [January 1, 2002] for an offense
that is determined by the department by rule under section 3 of this 2001 Act
to count for the purpose of determining habitual offender status, but that is
not an offense listed in ORS 809.600 (2) (1999 Edition), shall not be
considered one of the 20 or more convictions required for habitual offender
status. [2001 c.494 §5]
     809.610
Restriction of driving privileges; notice; meeting. (1) When the Department of Transportation
receives an abstract of the conviction under ORS 810.375, and the conviction is
the second one of those described by ORS 809.600 (1) for the person or the 19th
of those described by ORS 809.600 (2) for the person, the department may
restrict the personÂ’s driving privileges and shall send the person notice of
the restrictions by first class mail.
     (2) A person notified under subsection (1)
of this section of restrictions placed on the personÂ’s driving privileges may
request a meeting with a representative of the department to determine whether
the restrictions may be lifted. [1985 c.16 §181; 1989 c.15 §1; 1999 c.1051 §284;
2001 c.104 §303; 2001 c.494 §6]
     809.620 [1985 c.16 §183; 1989 c.15 §2; repealed by
1991 c.702 §20]
     809.630 [1985 c.16 §185; repealed by 1991 c.702 §20]
     809.640
Procedures on habitual offender determination. When the Department of Transportation
determines from the driving record of a person as maintained by the department
that a personÂ’s driving privileges are required to be revoked as a habitual
offender under ORS 809.600, the department shall revoke the driving privileges
of the person. A person is entitled to administrative review of a revocation
under this section. [1983 c.338 §367; 1985 c.16 §187; 1991 c.702 §12a]
     809.650
Effect of habitual offender revocation. (1) When the Department of Transportation revokes a personÂ’s driving
privileges as a habitual offender under ORS 809.640, the person has no driving
privileges for motor vehicles in this state and cannot obtain any driving
privileges for motor vehicles in this state, except as provided under a
probationary driver permit described under ORS 807.270, until the person:
     (a) Is again eligible under this section
for the issuance of driving privileges; and
     (b) The department restores the privilege
of the person to operate a motor vehicle in this state under ORS 809.660.
     (2) A person whose driving privileges are
revoked as a habitual offender is not eligible for the issuance of driving
privileges until the expiration of five years from the date the driving
privileges of the person were revoked. [1983 c.338 §366; 1985 c.16 §186]
     809.660
Restoration of privileges.
When a person whose driving privileges have been revoked as a habitual offender
becomes eligible for issuance of driving privileges under ORS 809.650, the
person may apply to the Department of Transportation for restoration of the
privilege to operate a motor vehicle in this state. Upon such petition, and for
good cause shown, the department, in its discretion, may restore to the person
the privilege to operate a motor vehicle in this state:
     (1) Upon such terms and conditions as the
department may prescribe; and
     (2) Subject to other provisions of law
relating to the issuance of driving privileges. [1985 c.16 §189]
VEHICLE
IMPOUNDMENT AND IMMOBILIZATION; SEIZURE AND FORFEITURE
     809.698
Definition of “vehicle immobilization device.” As used in ORS 809.700 and 809.702, a “vehicle
immobilization device” means a device that may be clamped and locked onto a
part of a motor vehicle for the purpose of immobilizing the vehicle. [1997
c.540 §2; 1999 c.467 §1]
     809.700
Court-ordered impoundment or immobilization upon conviction; grounds; duration;
vehicles subject; return; security interest holder rights. A court may order a motor vehicle impounded
or immobilized upon conviction for the traffic offenses described in this section.
The authority to impound or immobilize a vehicle under this section is subject
to all of the following:
     (1) The court may order a vehicle
impounded or immobilized under this section when a person is convicted:
     (a) For driving a motor vehicle while the
personÂ’s license is suspended or revoked in violation of ORS 811.175 or
811.182; or
     (b) On a second or subsequent charge of
driving while under the influence of intoxicants in violation of ORS 813.010.
     (2) A vehicle may be impounded or
immobilized under this section for not more than one year from judgment.
     (3) The following vehicles may be
impounded under this section:
     (a) Any motor vehicle of which the
convicted person is the owner.
     (b) Any motor vehicle which the convicted
person is operating at the time of arrest.
     (4) A vehicle may be immobilized under
this section if the vehicle is registered in this state and is a vehicle that
may be impounded under subsection (3) of this section.
     (5)(a) If a vehicle is ordered to be
immobilized under this section and if the convicted person resides in the
jurisdiction of the law enforcement agency that arrested the person for the
offense described in subsection (1) of this section, the arresting law
enforcement agency shall install a vehicle immobilization device on the
vehicle. If the convicted person does not reside in the jurisdiction of the law
enforcement agency that arrested the person, the sheriff of the county in which
the person resides shall install the device.
     (b) A vehicle ordered immobilized under
this section shall be immobilized at the residence of the owner of the vehicle
or at the location where the owner regularly parks the vehicle.
     (c) A vehicle ordered immobilized under
this section may be immobilized only in a location at which the vehicle may be
legally stored for the period of the immobilization order. If no location is
available at which the vehicle may be legally stored, the vehicle may be
impounded for the period of the immobilization order.
     (d) A vehicle owner who fails to allow installation
of a vehicle immobilization device ordered under this section shall be subject
to contempt of court proceedings under ORS 33.015 to 33.155.
     (6)(a) If a vehicle is impounded under
this section, the person convicted shall be liable for the expenses incurred in
the removal and storage of the vehicle under this section, whether or not the
vehicle is returned to the person convicted.
     (b) If a vehicle is immobilized under this
section, the person convicted shall be liable for the expenses incurred in
installation and removal of the vehicle immobilization device and for rental of
the device during the period the device is installed on the vehicle, whether or
not the vehicle is released to the person convicted.
     (7) A vehicle shall be released or returned
to the person convicted or the owner only upon payment of the expenses incurred
in the immobilization or removal and storage of the vehicle under this section.
     (8) If a vehicle is not reclaimed within
30 days after the time set for the return of the vehicle in an impounding order
or release of the vehicle in an immobilization order, the vehicle may be
disposed of in accordance with procedures under ORS 819.180, 819.190, 819.210,
819.220 and 819.240 to 819.260.
     (9) The court may order that a motor vehicle
of which the convicted person is not the owner be impounded or immobilized
under this section only if the court is satisfied by a preponderance of the
evidence that the owner knew or had good reason to know that the convicted
person:
     (a) Did not have a valid license and
knowingly consented to the operation of the vehicle by the convicted person; or
     (b) Was operating the vehicle while under
the influence of intoxicants.
     (10) The authority to impound or
immobilize a vehicle under this section is subject to the rights of a security
interest holder under a security agreement executed before an arrest for
violation of an offense for which the vehicle may be impounded or immobilized
under this section. A vehicle shall be released for the purpose of satisfying a
security interest if:
     (a) Request in writing is made to the
court;
     (b) If the vehicle has been impounded or
immobilized, the security interest holder pays the expenses in removal and
storage or in immobilization of the vehicle; and
     (c) If the registration of the vehicle has
been suspended under ORS 809.010, the security interest holder takes possession
of the vehicle subject to the suspension of the registration remaining in
effect against the registered owner.
     (11) A security interest holder’s obligation
to pay and right to recover removal and storage or immobilization expenses
under subsection (10) of this section are limited to the recovery of those
removal and storage or immobilization expenses incurred during the initial
20-day period when the vehicle was in public storage or immobilized, unless the
authority taking the vehicle into custody or immobilizing the vehicle under
this section has transmitted by certified mail a written notice to the holder
concerning the accrual of storage or immobilization expenses. If the vehicle is
in private storage, the lien claimant shall transmit the written notice. [1983
c.338 §385; 1985 c.16 §200; 1987 c.730 §18; 1993 c.385 §3; 1997 c.540 §3; 1999
c.467 §2]
     809.702
Tampering with vehicle immobilization device; penalty. (1) A person commits the offense of
tampering with a vehicle immobilization device if the person does anything to a
vehicle immobilization device that was ordered installed under ORS 809.700 that
circumvents the operation of the device.
     (2) The offense described in this section,
tampering with a vehicle immobilization device, is a Class A traffic violation.
[1997 c.540 §5; 1999 c.467 §3]
     809.710
Authority to refuse to release vehicle to intoxicated person. Notwithstanding any other provision of law,
a police officer, a police agency or any person acting as an agent for either
has authority to refuse to release or authorize release of any motor vehicle
from custody to any person who is visibly under the influence of intoxicants. [Formerly
484.225]
     809.715 [Formerly 806.014; 1997 c.514 §5; repealed
by 2001 c.748 §2]
     809.716
Hearing on impoundment. (1)
A person entitled to lawful possession of a vehicle impounded under ORS 809.720
may request a hearing to contest the validity of the impoundment. A request
must be made within five calendar days after the date that notice of the
impoundment is mailed, as evidenced by the postmark, not including Saturdays,
Sundays or holidays. The request shall be made to a person designated by the
impounding police agency to receive such requests.
     (2) When a timely request for a hearing is
made, a hearing shall be held before a hearings officer designated by the
impounding police agency. The hearing shall be set for four calendar days after
the request is received, excluding Saturdays, Sundays and holidays, but may be
postponed at the request of the person asking for the hearing.
     (3) The impounding police agency shall
have the burden of proving by a preponderance of the evidence that there were
reasonable grounds to believe that the vehicle was being operated in violation
of ORS 806.010, 807.010, 811.175, 811.182 or 813.010. The police officer who
ordered the vehicle impounded may submit an affidavit to the hearings officer
in lieu of making a personal appearance at the hearing.
     (4) If the hearings officer finds that the
impoundment of the vehicle was proper, the hearings officer shall enter an
order supporting the removal and shall find that the owner or person entitled
to possession of the vehicle is liable for usual and customary towing and
storage costs. The hearings officer may also find the owner or person entitled
to possession of the vehicle liable for costs of the hearing.
     (5) If the hearings officer finds that
impoundment of the vehicle was improper, the hearings officer shall order the
vehicle released to the person entitled to possession and shall enter a finding
that the owner or person entitled to possession of the vehicle is not liable
for any towing or storage costs resulting from the impoundment. If there is a
lien on the vehicle for towing and storage charges, the hearings officer shall
order it paid by the impounding police agency.
     (6) A police agency may contract with
another agency or entity to conduct hearings under this section. [Formerly 806.016;
1997 c.514 §4; 1999 c.1051 §284a; 2001 c.748 §3]
     809.720
Impoundment for specified offenses; grounds; notice; release. (1) A police officer who has probable cause
to believe that a person, at or just prior to the time the police officer stops
the person, has committed an offense described in this subsection may, without
prior notice, order the vehicle impounded until a person with right to
possession of the vehicle complies with the conditions for release or the
vehicle is ordered released by a hearings officer. This subsection applies to
the following offenses:
     (a) Driving while suspended or revoked in
violation of ORS 811.175 or 811.182.
     (b) Driving while under the influence of
intoxicants in violation of ORS 813.010.
     (c) Operating without driving privileges
or in violation of license restrictions in violation of ORS 807.010.
     (d) Driving uninsured in violation of ORS
806.010.
     (2) Notice that the vehicle has been
impounded shall be given to the same parties, in the same manner and within the
same time limits as provided in ORS 819.180 for notice after removal of a
vehicle.
     (3) A vehicle impounded under subsection
(1) of this section shall be released to a person entitled to lawful possession
upon compliance with the following:
     (a) Submission of proof that a person with
valid driving privileges will be operating the vehicle;
     (b) Submission of proof of compliance with
financial responsibility requirements for the vehicle; and
     (c) Payment to the police agency of an
administrative fee determined by the agency to be sufficient to recover its
actual administrative costs for the impoundment.
     (4) Notwithstanding subsection (3) of this
section, a person who holds a security interest in the impounded vehicle may
obtain release of the vehicle by paying the administrative fee.
     (5) When a person entitled to possession
of the impounded vehicle has complied with the requirements of subsection (3)
or (4) of this section, the impounding police agency shall authorize the person
storing the vehicle to release it upon payment of any towing and storage costs.
     (6) Notwithstanding subsection (3) of this
section, the holder of a towing business certificate issued under ORS 822.205
may foreclose a lien created by ORS 87.152 for the towing and storage charges
incurred in the impoundment of the vehicle, without payment of the
administrative fee under subsection (3)(c) of this section.
     (7) Nothing in this section or ORS 809.716
limits either the authority of a city or county to adopt ordinances dealing
with impounding of uninsured vehicles or the contents of such ordinances except
that cities and counties shall comply with the notice requirements of
subsection (2) of this section and ORS 809.725.
     (8) A police agency may not collect its
fee under subsection (3)(c) of this section from a holder of a towing business
certificate issued under ORS 822.205 unless the holder has first collected
payment of any towing and storage charges associated with the impoundment. [1997
c.514 §2; 2001 c.748 §1]
     809.725
Notice following impoundment under city or county ordinance. (1) When a motor vehicle is impounded under
authority of a city or county ordinance, the city or county shall give notice
of the impoundment to the owners of the motor vehicle and to any lessors or
security interest holders as shown on the records of the Department of
Transportation. The notice shall be given within 48 hours of impoundment.
     (2) The notice required by subsection (1)
of this section shall be given to the same parties, in the same manner and
within the same time limits as provided in ORS 819.180 for notice after removal
of a vehicle. [1997 c.514 §3]
     809.730
Seizure of motor vehicle for civil forfeiture. (1) A motor vehicle may be seized and
forfeited if the person operating the vehicle is arrested or issued a citation
for driving while under the influence of intoxicants in violation of ORS
813.010 and the person, within three years prior to the arrest or issuance of
the citation, has been convicted of:
     (a) Driving while under the influence of
intoxicants in violation of:
     (A) ORS 813.010; or
     (B) The statutory counterpart to ORS
813.010 in another jurisdiction;
     (b) A driving under the influence of
intoxicants offense in another jurisdiction that involved the impaired driving
of a vehicle due to the use of intoxicating liquor, a controlled substance, an
inhalant or any combination thereof;
     (c) A driving offense in another
jurisdiction that involved operating a vehicle while having a blood alcohol
content above that jurisdictionÂ’s permissible blood alcohol content;
     (d) Murder, manslaughter, criminally
negligent homicide or assault that resulted from the operation of a motor
vehicle in this state or in another jurisdiction; or
     (e) Aggravated vehicular homicide under
ORS 163.149.
     (2) For the purposes of subsection (1) of
this section, a conviction for a driving offense in another jurisdiction based
solely on a person under 21 years of age having a blood alcohol content that is
lower than the permissible blood alcohol content in that jurisdiction for a person
21 years of age or older does not constitute a prior conviction.
     (3) All seizure and forfeiture proceedings
under this section shall be conducted in accordance with ORS chapter 475A. [1999
c.1100 §2; 2001 c.104 §304; 2001 c.780 §§18,18a; 2007 c.867 §12; 2007 c.879 §5]
     809.735
Preemption of local forfeiture ordinances. (1) The seizure and forfeiture provisions of ORS 809.730 do not
preempt a city or county ordinance enacted and in effect on June 22, 1999,
relating to forfeiture of a motor vehicle operated by a person described in ORS
809.730.
     (2) The seizure and forfeiture provisions
of ORS 809.730 do not preempt a city with a population exceeding 400,000 or a
county with a population exceeding 500,000 from enacting, on or before January
1, 2000, an ordinance relating to seizure and forfeiture of a motor vehicle
operated by a person described in ORS 809.730.
     (3) Notwithstanding subsections (1) and
(2) of this section, seizure and forfeiture procedures in a city or county
ordinance relating to seizure and forfeiture of a motor vehicle operated by a
person described in ORS 809.730 shall be in accordance with ORS chapter 475A. [1999
c.1100 §3]
     Note: 809.735 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
_______________
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