Chapter 328 Oregon Laws 1999

Session Law

AN ACT

HB 2440

Relating to driving privileges; creating new provisions; amending ORS 336.800, 336.805, 336.810, 336.815, 339.141, 339.147, 341.460, 802.110, 807.010, 807.060, 807.065 and 809.405; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 807.065 is amended to read:

807.065. (1) The Department of Transportation shall not issue a driver license to a person who is under 18 years of age unless the person:

(a) Complies with the requirements of ORS 807.040; [and]

(b) Passes an examination designed to test the person's knowledge and understanding of safe driving practices, in addition to any examination required under ORS 807.070;[. The examination under this subsection is in addition to any examination required under ORS 807.070.]

(c) Has had an instruction driver permit issued under ORS 807.280 for at least six months prior to application for the license;

(d) Certifies to the department that the person has had at least 50 hours of driving experience during which the person was supervised by a person at least 21 years of age who has had a valid driver license for at least three years; and

(e) Completes a traffic safety education course that meets standards developed by the department under section 4 of this 1999 Act. In lieu of completion of a traffic safety education course, a person may certify to the department that the person has had at least 50 hours of driving experience during which the person was supervised by a person at least 21 years of age who has had a valid driver license for at least three years, in addition to the 50 hours required by paragraph (d) of this subsection.

(2) A person under 18 years of age need not comply with the requirements of subsection (1)(c), (d) and (e) of this section if the person has been issued a driver license by another state and surrenders that license in order to get an Oregon license.

[(2)] (3) If the person takes but does not pass a test that consists of an actual demonstration of driving ability under ORS 807.070, the department may not allow the person to perform the demonstration again until the person has had an instruction permit issued pursuant to ORS 807.280 for a period of not less than one month.

[(3)] (4) A driver license issued pursuant to this section shall be a provisional driver license subject to the provisions of ORS 809.405 in addition to any other provision of law.

[(4)] (5) The department shall prominently identify each driver license issued pursuant to this section as a provisional driver license.

SECTION 2. Sections 3 and 4 of this 1999 Act are added to and made a part of the Oregon Vehicle Code.

SECTION 3. The Department of Transportation shall place the following restrictions on a provisional driver license issued under ORS 807.065:

(1) For the first six months after issuance of the license, the holder of the license may not operate a motor vehicle that is carrying a passenger under 20 years of age who is not a member of the holder's immediate family. For the second six months, the holder of the license may not operate a motor vehicle that is carrying more than three passengers who are under 20 years of age and who are not members of the holder's immediate family.

(2) For the first year after issuance of the license, the holder of the license may not operate a motor vehicle between the hours of 12 midnight and 5 a.m. except when:

(a) The holder is driving between the holder's home and place of employment;

(b) The holder is driving between the holder's home and a school event for which no other transportation is available;

(c) The holder is driving for employment purposes; or

(d) The holder is accompanied by a licensed driver who is at least 25 years of age.

SECTION 4. (1) The Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a curriculum for a traffic safety education course under ORS 336.800. The curriculum shall establish standards for a course of instruction to be devoted to the study and practice of rules of the road, the safe and proper operation of motor vehicles, accident prevention and other matters that promote safe and lawful driving habits and reduce the need for intensive highway policing. The course shall include classroom instruction and on-street driving or simulated driving in a driving simulator. No pupil may participate in on-street driving instruction unless the pupil is enrolled in or has completed a course in classroom instruction.

(2) The department shall adopt by rule a procedure to certify that a traffic safety education course meets curriculum standards established under subsection (1) of this section.

(3) The department shall adopt rules establishing qualifications for a person to teach a traffic safety education course.

(4) The department shall adopt rules necessary to administer ORS 336.805 and 336.810.

SECTION 5. ORS 807.060 is amended to read:

807.060. The Department of Transportation shall not grant driving privileges to a person under a license if the person is not eligible under this section. The following are not eligible for a license:

(1) A person under 16 years of age.

(2)(a) A person under 18 years of age who is not an emancipated minor unless the application of the person is signed by the person's mother, father or guardian or, if the person has no father, mother or guardian, by the person's employer. A person who signs an application under this [subsection] paragraph may have the driving privileges canceled as provided under ORS 809.320.

(b) A person under 18 years of age who does not meet the requirements of ORS 807.065.

(3) Notwithstanding subsection (2) of this section, a person under 18 years of age is not eligible for a commercial driver license.

(4) A person that the department determines has a problem condition involving alcohol or controlled substances as described under ORS 813.040.

(5) A person the department reasonably believes is subject to any condition which brings about momentary or prolonged lapses of consciousness or control that is or may become chronic.

(6) A person the department reasonably believes has a physical or mental disability or disease serving to prevent the person from exercising reasonable and ordinary control over a motor vehicle while operating it upon the highways.

(7) A person the department reasonably believes is unable to understand highway signs that warn, regulate or direct traffic.

(8) A person who is required to make future responsibility filings but has not made filings as required.

(9) A person who cannot be issued a license under the Driver License Compact under ORS 802.540.

(10) A person who is not subject to the Driver License Compact under ORS 802.540 but whose driving privileges are currently under suspension or revocation in any other state upon grounds which, if committed in this state, would be grounds for the suspension or revocation of the driving privileges of the person.

(11) A person who has been declared a habitual offender under ORS 809.640. A person declared not eligible to be licensed under this subsection may become eligible by having eligibility restored under ORS 809.640.

(12) A person whose driving privileges are canceled in this state under ORS 809.310 until the person is eligible under ORS 809.310.

(13) A person while the person's driving privileges are revoked in this state.

(14) A person during a period when the person's driving privileges are suspended in this state.

(15) A person who holds a current out-of-state license or driver permit or a valid Oregon license or driver permit. A person who is not eligible under this subsection may become eligible by surrendering the license, driver permit or out-of-state license or driver permit to the department before issuance of the license. Nothing in this subsection authorizes a person to continue to operate a motor vehicle on the basis of an out-of-state license or permit if the person is required by ORS 807.062 to obtain an Oregon license or permit.

(16) A person who has not complied with the requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction if an agreement under ORS 802.530 authorizes the department to withhold issuance of a license.

(17) A person 18 years of age or older whose provisional driver license was suspended under ORS 809.405, if the department reasonably believes that the person is not adequately reformed. As a requirement for eligibility, the department may require the person to complete a driver improvement program established by the department under ORS 809.480.

SECTION 6. ORS 807.010 is amended to read:

807.010. (1) A person commits the offense of vehicle operating without driving privileges if the person operates a motor vehicle upon a highway or premises open to the public in this state and the person does not have an appropriate grant of driving privileges from this state in the form of a license, driver permit, indorsement or statutory grant of driving privileges allowing the person to engage in the particular type of operation.

(2) A person to whom a license or driver permit is issued commits the offense of violating license restrictions if the person operates a motor vehicle in any manner that violates restrictions that are placed upon the person's driving privileges by the Department of Transportation under ORS 807.120 or section 3 of this 1999 Act, by a court under ORS 809.210 or 809.270, or by the vehicle code.

(3) Nothing in this section is applicable to a person who is driving while suspended or revoked in violation of ORS 811.175 or 811.182. Persons who violate ORS 811.175 or 811.182 are subject to the provisions and penalties provided therein and are not subject to the penalties and provisions of this section.

(4) The offense described in subsection (1) of this section, vehicle operating without driving privileges, is a Class B traffic infraction.

(5) The offense described in subsection (2) of this section, operating in violation of license restrictions, is a Class B traffic infraction.

SECTION 7. ORS 809.405 is amended to read:

809.405. In addition to any other provision of law, if a person issued a provisional driver license pursuant to ORS 807.065:

(1) Is convicted of a traffic offense described in ORS 809.600 (2) or (4) or of failure to use safety belts in violation of ORS 811.210, or is convicted under ORS 807.010 of violation of restrictions placed on a provisional license under section 3 of this 1999 Act, the Department of Transportation shall mail the person a letter warning the person of the provisions of this section.

(2) Is convicted of a traffic offense described in ORS 809.600 (2) or (4) or of failure to use safety belts in violation of ORS 811.210, or is convicted under ORS 807.010 of violation of restrictions placed on a provisional license under section 3 of this 1999 Act, and the person has previously been convicted of a traffic offense, the department shall suspend the person's provisional driver license unless the person completes a driver improvement program established by the department under ORS 809.480 within a time specified by the department.

(3) Is convicted of a traffic offense described in ORS 809.600 (2) or (4) or of failure to use safety belts in violation of ORS 811.210, or is convicted under ORS 807.010 of violation of restrictions placed on a provisional license under section 3 of this 1999 Act, and the person has twice previously been convicted of a traffic offense, the department shall suspend the person's provisional driver license until the person completes a driver improvement program established by the department under ORS 809.480 and the department determines that the person is adequately reformed.

(4) Is convicted of an offense described in ORS 809.600 (1), the department shall suspend the person's provisional driver license and shall not reinstate it. No driving privileges shall be issued to a person whose license is suspended under this subsection until the person reaches 18 years of age or until the person is otherwise eligible for reinstatement of suspended privileges, whichever comes later.

SECTION 8. ORS 336.800, as amended by section 9, chapter 383, Oregon Laws 1997, is amended to read:

336.800. (1) Any private or public school or facility may offer a course in traffic safety education. [automobile driver instruction. The course of instruction shall be devoted to the study and practice of the rules of the road, the safe and proper operation of motor vehicles, accident prevention and other matters which promote safe and lawful driving habits and reduce the need for intensive highway policing. The course shall include classroom instruction and instruction in dual control automobiles. No pupil shall participate in behind-the-wheel instruction unless the pupil is enrolled in or has completed a course in classroom instruction.] The curriculum for the traffic safety education course shall be established by the Department of Transportation under section 4 of this 1999 Act.

(2) A person employed to teach a traffic safety education course [in automobile driver instruction] must meet qualifications established by the [Teacher Standards and Practices Commission. However, a person employed to give behind-the-wheel driver instructions is not required to hold a license described in ORS 342.125] department under section 4 of this 1999 Act.

SECTION 9. ORS 336.805 is amended to read:

336.805. (1) Each public school or facility offering a course in [automobile driver instruction] traffic safety education may charge tuition therefor and shall keep accurate records of the cost thereof in the manner required [by the Department of Education, pursuant to rules of the State Board of Education] under rules adopted by the Department of Transportation under section 4 of this 1999 Act. Each public school or facility shall be reimbursed $150 per pupil completing the course, including any private school pupil completing the course in a public school.

(2) If funds available to the Department of Transportation for the Student Driver Training Fund are not adequate to pay all approved claims in full, public schools and facilities shall receive a pro rata reimbursement based upon the ratio that the total amount of funds available bears to the total amount of funds required for maximum allowable reimbursement.

(3) Tuition authorized by subsection (1) of this section shall not exceed the cost to the public school of providing [driver instruction] traffic safety education less the state reimbursement. Tuition may be reduced or waived by a public school for low income pupils.

(4) A public school may also offer [driver instruction] a traffic safety education course to pupils in neighboring public schools that do not offer [driver instruction] traffic safety education.

(5) Each public school shall adopt written policies and procedures for [driver instruction programs] traffic safety education regarding reduced or waived tuition for low income pupils and for the admission of pupils from neighboring public schools.

SECTION 10. ORS 336.810 is amended to read:

336.810. (1) There is created the Student Driver Training Fund, separate and distinct from the General Fund. All payments required under ORS 336.795 to 336.815 and moneys paid into the fund under ORS 802.110 and all expenses incurred in the administration of those sections shall be made to and borne by the fund. Interest earned by the fund shall be credited to the fund.

(2) The [Superintendent of Public Instruction] Department of Transportation shall annually distribute the funds available in the Student Driver Training Fund in the manner provided in ORS 336.805.

(3) The department [of Transportation] shall make periodic studies to determine the effectiveness of [automobile driver instruction programs] traffic safety education courses conducted under authority of ORS 336.790 to 336.815.

SECTION 11. ORS 336.815 is amended to read:

336.815. Any public school may contract with a lawfully licensed private driver training school for the instruction of students enrolled in a [driver training] traffic safety education course.

SECTION 12. ORS 339.141 is amended to read:

339.141. (1) For the purposes of this section:

(a) "Regular school program" means the regular curriculum provided in the required full-time day sessions in the schools of the district for grades 1 through 12 and the school program for kindergarten during the period of approximately nine months each year when the schools of the district are normally in operation and does not include summer sessions or evening sessions.

(b) "Tuition" means payment for the cost of instruction and does not include fees authorized under ORS 339.155.

(2) Except as provided in subsection (3) of this section, district school boards may establish tuition rates to be paid by pupils receiving instruction in educational programs, classes or courses of study, including [driver instruction] traffic safety education, which are not a part of the regular school program. Tuition charges, if made, shall not exceed the estimated cost to the district of furnishing the program, class or course of study.

(3) Except as provided in ORS 336.805 for [driver instruction] traffic safety education:

(a) No tuition shall be charged to any resident pupil regularly enrolled in the regular school program for special instruction received at any time in connection therewith.

(b) No program, class or course of study for which tuition is charged, except courses of study beyond the 12th grade, shall be eligible for reimbursement from state funds.

SECTION 13. ORS 339.147 is amended to read:

339.147. (1)(a) Notwithstanding ORS 339.141, no district school board shall require tuition for courses not part of the regular school program, except for [driver instruction] traffic safety education, from a pupil who is a member of a low-income family in an amount in excess of what the low-income family may receive as money specifically to be used for payment of such tuition.

(b) As used in this subsection, "low-income family" means a family whose children qualify for free or reduced price school meals under a federal program, including but not limited to the National School Lunch Act and the Child Nutrition Act of 1966, and all their subsequent amendments.

(2) A family that does not qualify under subsection (1) of this section but believes the payment of school tuition is a severe hardship may request the district school board to waive in whole or in part the payment of such tuition.

(3) Any parent or guardian who believes that payment of any fee authorized under ORS 339.155 is a severe hardship may request the district school board to waive payment of the fee and the board shall waive in whole or in part the fee upon a finding of hardship. Consideration shall be given to any funds specifically available to the parent, guardian or child for the payment of fees or other school expenses.

(4) No district school board shall impose or collect fees authorized under ORS 339.155 from any student who is a ward of a juvenile court or of the Oregon Youth Authority or the State Office for Services to Children and Families unless funds are available therefor in the court's, authority's or office's budget.

(5) No district school board is required to waive any fee imposed under ORS 339.155 (5)(a) or (d).

SECTION 14. ORS 341.460 is amended to read:

341.460. A community college offering a [driver training] traffic safety education course under ORS 336.795 to 336.815 shall give no credit for completion thereof and time spent by students on such courses shall not be considered as clock hours of instruction in determining full-time equivalency for purposes of ORS 341.626.

SECTION 15. ORS 802.110 is amended to read:

802.110. Any procedures the Department of Transportation establishes for financial administration of those functions of the department dealing with driver and motor vehicle services and for the disposition and payment of moneys it receives from the provision of driver and motor vehicle services shall comply with all of the following:

(1) The department shall deposit all moneys it receives related to driver and motor vehicle services in the Department of Transportation Driver and Motor Vehicle Suspense Account for approved expenses and disbursals before payment of general administrative expenses of the department related to the provision of driver and motor vehicle services. Notwithstanding this subsection, the department may return a bank check or money order when received in incorrect or incomplete form or when not accompanied by the proper application.

(2) The department shall pay the following approved expenses and disbursals from the Department of Transportation Driver and Motor Vehicle Suspense Account before payment of the general administrative expenses of the department related to driver and motor vehicle services:

(a) Refunds authorized by any statute administered by the department when such refunds are approved by the department.

(b) Amounts transferred to the State Treasurer under ORS 319.410 (2) for the purpose of carrying out the state aeronautic laws, amounts transferred to the Boating Safety, Law Enforcement and Facility Account by ORS 319.415 and amounts transferred to the State Aeronautic Account by ORS 319.417.

(c) After deduction of current expenses of collection and transfer, the department shall pay moneys collected from the Motor Vehicle Accident Fund eligibility fee under ORS 807.040, 807.150 and 807.370, to the State Treasurer for deposit to the credit of the Motor Vehicle Accident Fund. The department shall pay the moneys under this paragraph on a monthly basis.

(d) After deduction of expenses of collection, transfer and administration, the department shall pay moneys collected from the Student Driver Training Fund eligibility fee under ORS 807.040, 807.150 and 807.370 to the State Treasurer for deposit in the Student Driver Training Fund. The moneys deposited in the Student Driver Training Fund under this paragraph are continuously appropriated to the department [of Education] for the following purposes:

(A) To the extent of not more than 10 percent of the amount transferred into the Student Driver Training Fund in any biennium, to pay the expenses of administering ORS 336.795, 336.800, 336.805, 336.810 (2) and 336.815.

(B) The remaining moneys, for reimbursing school districts as provided under ORS 336.805.

(e) After deduction of expenses of collection, transfer and administration, the department shall pay moneys collected for the Motorcycle Safety Subaccount under ORS 807.170 to the State Treasurer for deposit in the Motorcycle Safety Subaccount of the Transportation Safety Account. Moneys paid to the State Treasurer under this paragraph shall be used for the purpose of ORS 802.320.

(f) After deduction of expenses for the administration of the issuance of customized registration plates under ORS 805.240, the department shall place moneys received from the sale of customized registration plates in the Environmental Quality Information Account. The moneys placed in the account are continuously appropriated to the department and shall be used for the payment of expenses heretofore and hereafter incurred in administering programs established under ORS 366.157.

(g) After deduction of expenses of collection, transfer and administration, including the expenses of establishment and operation of Class I and Class III all-terrain vehicle safety education courses under ORS 821.180 and 821.182, the department shall place moneys received from sources described in ORS 802.130 in the All-Terrain Vehicle Account in the State Highway Fund established by ORS 802.130.

(h) After deduction of expenses of collection, transfer and administration, the department shall pay moneys from any registration fees established by the governing bodies of counties or a district, as defined in ORS 801.237, under ORS 801.041 or 801.042 to the appropriate counties or districts. The department shall make the payments on at least a monthly basis unless another basis is established by the intergovernmental agreements required by ORS 801.041 and 801.042 between the department and the governing bodies of a county or a district.

(i) After deducting the expenses of the department in collecting and transferring the moneys, the department shall make disbursals and payments of moneys collected for or dedicated to any other purpose or fund except the State Highway Fund.

(j) After deduction of expenses of collection, transfer and administration, the department shall pay moneys collected from the Safety Education Fund eligibility fee under ORS 807.040, 807.150 and 807.370 to the State Treasurer for deposit in the Safety Education Fund established under ORS 802.155.

(3) The department shall refund from the Department of Transportation Driver and Motor Vehicle Suspense Account any excess or erroneous payment to a person who made the payment or to the person's legal representative when the department determines that money has been received by it in excess of the amount legally due and payable or that it has received money in which it has no legal interest. Refunds payable under this subsection are continuously appropriated for such purposes in the manner for payment of refunds under this section. If the department determines that a refund is due, the department may refund the amount of excess or erroneous payment without a claim being filed. Except as provided in ORS 319.290, 319.375, 319.820 and 319.831, any claim for a refund from the department must be filed within 12 months after the date payment is received by the department.

(4) After payment of those expenses and disbursals approved for payment before general administrative expenses related to the provision of driver and motor vehicle services, the department shall pay from the Department of Transportation Driver and Motor Vehicle Services Administrative Account its general administrative expenses incurred in the administration of any law related to driver and motor vehicle services that the department is charged with administering and any other expenses the department is permitted by law to pay from moneys held by the department before transfer of the moneys to the State Highway Fund. The following limitations apply to payments of administrative expenses under this subsection:

(a) The department shall make payment of the expenses of administering the issuance of winter recreation parking permits under ORS 811.595 from those moneys received from issuing the permits or from moneys received under ORS 153.630 from violation of the requirement to have the permit.

(b) The department shall pay its expenses for administering the registration and titling of snowmobiles under ORS 821.060 and 821.100 from the fees collected from administering those sections. The department shall also pay its expenses for the administration of the snowmobile driver permit program under ORS 821.160 from the moneys otherwise described in this paragraph.

(c) The department shall pay its expenses for determining the amount of money to be withheld under ORS 802.120 from the fees collected for administering the registration and titling of snowmobiles. The amount used to pay expenses under this paragraph shall be such sum as necessary but shall not exceed $10,000 during each biennium.

(d) The department shall retain $2,500 per year as the only payment for the administrative expenses of collecting and transferring of moneys for the Motor Vehicle Accident Fund as allowed under this section.

(e) The department shall retain not more than $15,000 in any biennium for the expenses of collecting and transferring moneys to the Student Driver Training Fund under this section and for the administration of ORS 336.810 (3).

(5) Except as otherwise provided in this subsection, the department shall transfer to the State Highway Fund the moneys not used for payment of the general administrative expenses or for approved expenses and disbursals before payment of general administrative expenses. The following apply to this subsection:

(a) If the Director of Transportation certifies the amount of principal or interest of highway bonds due on any particular date, the department may make available for the payment of such interest or principal any sums that may be necessary to the extent of moneys on hand available for the State Highway Fund regardless of the dates otherwise specified under this section.

(b) Notwithstanding paragraph (a) of this subsection the department shall not make available for purposes described in paragraph (a) of this subsection any moneys described in ORS 367.605 when there are not sufficient amounts of such moneys in the State Highway Fund for purposes of bonds issued under ORS 367.615.

(6) Notwithstanding any other provision of this section, the following moneys shall be transferred to the State Highway Fund at the times described:

(a) Moneys received under ORS 802.120 and not used for the payment of administrative expenses of the department shall be transferred before July 31 of each year.

(b) Moneys received from the registration of snowmobiles that is not to be used for payment of administrative expenses of the department shall be transferred within 30 days after the end of the quarter.

(c) Moneys received from the issuance of winter recreation parking permits or under ORS 153.630 from violation of the requirement to have a winter recreation parking permit and that is not used for payment of administrative expenses of the department shall be transferred within 30 days after the end of the quarter.

(d) Moneys to be transferred to the All-Terrain Vehicle Account under ORS 802.130 shall be transferred within 30 days after the end of the quarter.

(7) The following moneys transferred to the State Highway Fund under this section may be used only for the purposes described as follows:

(a) Moneys collected from the issuance of winter recreation parking permits or under ORS 153.630 for violation of the requirement to have a winter recreation parking permit, and the interest on such moneys, shall be used to enforce the requirement for winter recreation parking permits and to remove snow from winter recreation parking locations designated under ORS 810.170. Any remaining money shall:

(A) Be used to maintain parking locations developed with moneys obtained under ORS 810.170 and snowmobile facilities that are parking lots developed with moneys as provided under this section;

(B) Be used to develop additional winter recreation parking locations under ORS 810.170; or

(b) Moneys received from the registration of snowmobiles or under ORS 802.120 shall only be used for the development and maintenance of snowmobile facilities, including the acquisition of land therefore by any means other than the exercise of eminent domain, and for the enforcement of ORS 811.590, 821.100 to 821.120, 821.140, 821.150, 821.190, 821.210 and 821.240 to 821.300.

(c) Moneys transferred under ORS 802.130 shall be used as described in ORS 802.140. The amount available under ORS 802.140 (1) for the development and maintenance of snowmobile facilities shall be used with moneys described in paragraph (b) of this subsection that are available for that purpose.

(8) The department shall maintain the Revolving Account for Emergency Cash Advances separate from other moneys described in this section. From the account, the department may pay for the taking up of dishonored remittances returned by banks or the State Treasurer and for emergency cash advances to be subsequently reimbursed. The account shall be used only as a revolving fund. The department shall at all times be accountable for the amount of the account, either in cash or unreimbursed items and advances. The money in the account is continuously appropriated for the purposes of this subsection. The amount of the account under this subsection shall not exceed $40,000 from moneys received by the department in the performance of its driver and motor vehicle services functions and moneys otherwise appropriated for purposes of this subsection. The account under this subsection shall be kept on deposit with the State Treasurer. The State Treasurer is authorized to honor and pay all properly signed and indorsed checks or warrants drawn against the account.

SECTION 16. (1) The amendments to ORS 807.065 and 807.060 by sections 1 and 5 of this 1999 Act apply to applications for provisional driver licenses made on or after the effective date of this 1999 Act.

(2) Section 3 of this 1999 Act and the amendments to ORS 807.010 and 809.405 by sections 6 and 7 of this 1999 Act apply to provisional driver licenses issued on or after the effective date of this 1999 Act.

SECTION 17. This 1999 Act takes effect on March 1, 2000.

Approved by the Governor June 23, 1999

Filed in the office of Secretary of State June 24, 1999

Effective date March 1, 2000

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